Sen. Emil Jones, III

Filed: 5/27/2021

 

 


 

 


 
10200HB0806sam001LRB102 02614 SPS 26970 a

1
AMENDMENT TO HOUSE BILL 806

2    AMENDMENT NO. ______. Amend House Bill 806 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Regulatory Sunset Act is amended by
5changing Sections 4.32 and 4.37 and by adding Section 4.41 as
6follows:
 
7    (5 ILCS 80/4.32)
8    Sec. 4.32. Acts repealed on January 1, 2022. The following
9Acts are repealed on January 1, 2022:
10    The Boxing and Full-contact Martial Arts Act.
11    The Cemetery Oversight Act.
12    The Collateral Recovery Act.
13    The Community Association Manager Licensing and
14Disciplinary Act.
15    The Crematory Regulation Act.
16    The Detection of Deception Examiners Act.

 

 

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1    The Home Inspector License Act.
2    The Illinois Health Information Exchange and Technology
3Act.
4    The Medical Practice Act of 1987.
5    The Registered Interior Designers Act.
6    The Massage Licensing Act.
7    The Petroleum Equipment Contractors Licensing Act.
8    The Radiation Protection Act of 1990.
9    The Real Estate Appraiser Licensing Act of 2002.
10    The Water Well and Pump Installation Contractor's License
11Act.
12(Source: P.A. 100-920, eff. 8-17-18; 101-316, eff. 8-9-19;
13101-614, eff. 12-20-19; 101-639, eff. 6-12-20.)
 
14    (5 ILCS 80/4.37)
15    Sec. 4.37. Acts and Articles repealed on January 1, 2027.
16The following are repealed on January 1, 2027:
17    The Clinical Psychologist Licensing Act.
18    The Illinois Optometric Practice Act of 1987.
19    Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI,
20XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
21    The Boiler and Pressure Vessel Repairer Regulation Act.
22    The Marriage and Family Therapy Licensing Act.
23    The Boxing and Full-contact Martial Arts Act.
24    The Cemetery Oversight Act.
25    The Community Association Manager Licensing and

 

 

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1Disciplinary Act.
2    The Home Inspector License Act.
3    The Massage Licensing Act.
4    The Medical Practice Act of 1987.
5    The Petroleum Equipment Contractors Licensing Act.
6    The Radiation Protection Act of 1990.
7    The Real Estate Appraiser Licensing Act of 2002.
8    The Registered Interior Designers Act.
9(Source: P.A. 99-572, eff. 7-15-16; 99-909, eff. 12-16-16;
1099-910, eff. 12-16-16; 99-911, eff. 12-16-16; 100-201, eff.
118-18-17; 100-372, eff. 8-25-17.)
 
12    (5 ILCS 80/4.41 new)
13    Sec. 4.41. Act repealed on January 1, 2032. The following
14Act is repealed on January 1, 2032:
15    The Detection of Deception Examiners Act.
 
16    Section 10. The Department of Professional Regulation Law
17of the Civil Administrative Code of Illinois is amended by
18changing Sections 2105-35 and 2105-120 as follows:
 
19    (20 ILCS 2105/2105-35)
20    Sec. 2105-35. Prohibited uses of roster of information.
21Notwithstanding any other provision of law to the contrary,
22any roster of information including, but not limited to, the
23licensee's name, address, and profession, shall not be used by

 

 

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1a third party for the purpose of marketing goods or services
2not related to the licensee's profession. Rosters provided by
3the Department shall comply with the requirements set forth
4under the Freedom of Information Act.
5(Source: P.A. 96-978, eff. 7-2-10.)
 
6    (20 ILCS 2105/2105-120)  (was 20 ILCS 2105/60g)
7    Sec. 2105-120. Board's report; licensee's or applicant's
8motion for rehearing.
9    (a) The board shall present to the Secretary Director its
10written report of its findings and recommendations. A copy of
11the report shall be served upon the licensee or applicant,
12either personally or by mail or email as provided in Section
132105-100 for the service of the notice. The Secretary may
14issue an order that deviates from the board's report and is not
15required to provide the board with an explanation of the
16deviation.
17    (b) Within 20 days after the service required under
18subsection (a), the licensee or applicant may present to the
19Department a motion in writing for a rehearing. The written
20motion shall specify the particular grounds for a rehearing.
21If the licensee or applicant orders and pays for a transcript
22of the record as provided in Section 2105-115, the time
23elapsing thereafter and before the transcript is ready for
24delivery to the licensee or applicant shall not be counted as
25part of the 20 days.

 

 

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1(Source: P.A. 99-227, eff. 8-3-15; 100-262, eff. 8-22-17.)
 
2    Section 15. The Massage Licensing Act is amended by
3changing Sections 1, 10, 15, 25, 32, 45, 50, 60, and 95 and by
4adding Section 12 as follows:
 
5    (225 ILCS 57/1)
6    (Section scheduled to be repealed on January 1, 2022)
7    Sec. 1. Short title. This Act may be cited as the Massage
8Therapy Practice Licensing Act.
9(Source: P.A. 92-860, eff. 6-1-03.)
 
10    (225 ILCS 57/10)
11    (Section scheduled to be repealed on January 1, 2022)
12    Sec. 10. Definitions. As used in this Act:
13    "Address of Record" means the designated address recorded
14by the Department in the applicant's or licensee's application
15file or license file as maintained by the Department's
16licensure maintenance unit. It is the duty of the applicant or
17licensee to inform the Department of any change of address and
18those changes must be made either through the Department's
19website or by contacting the Department.
20    "Approved massage school" means a facility which meets
21minimum standards for training and curriculum as determined by
22the Department.
23    "Board" means the Massage Licensing Board appointed by the

 

 

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1Secretary.
2    "Compensation" means the payment, loan, advance, donation,
3contribution, deposit, or gift of money or anything of value.
4    "Department" means the Department of Financial and
5Professional Regulation.
6    "Email address of record" means the designated email
7address recorded by the Department in the applicant's
8application file or the licensee's license file, as maintained
9by the Department's licensure maintenance unit.
10    "Massage" or "massage therapy" means a system of
11structured palpation or movement of the soft tissue of the
12body. The system may include, but is not limited to,
13techniques such as effleurage or stroking and gliding,
14petrissage or kneading, tapotement or percussion, friction,
15vibration, compression, and stretching activities as they
16pertain to massage therapy. These techniques may be applied by
17a licensed massage therapist with or without the aid of
18lubricants, salt or herbal preparations, hydromassage, thermal
19massage, or a massage device that mimics or enhances the
20actions possible by human hands. The purpose of the practice
21of massage, as licensed under this Act, is to enhance the
22general health and well-being of the mind and body of the
23recipient. "Massage" does not include the diagnosis of a
24specific pathology. "Massage" does not include those acts of
25physical therapy or therapeutic or corrective measures that
26are outside the scope of massage therapy practice as defined

 

 

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1in this Section.
2    "Massage therapist" means a person who is licensed by the
3Department and administers massage for compensation.
4    "Professional massage or bodywork therapy association"
5means a state or nationally chartered organization that is
6devoted to the massage specialty and therapeutic approach and
7meets the following requirements:
8        (1) The organization requires that its members meet
9    minimum educational requirements. The educational
10    requirements must include anatomy, physiology, hygiene,
11    sanitation, ethics, technical theory, and application of
12    techniques.
13        (2) The organization has an established code of ethics
14    and has procedures for the suspension and revocation of
15    membership of persons violating the code of ethics.
16    "Secretary" means the Secretary of Financial and
17Professional Regulation.
18(Source: P.A. 97-514, eff. 8-23-11.)
 
19    (225 ILCS 57/12 new)
20    Sec. 12. Address of record; email address of record. All
21applicants and licensees shall:
22        (1) provide a valid address and email address to the
23    Department, which shall serve as the address of record and
24    email address of record, respectively, at the time of
25    application for licensure or renewal of a license; and

 

 

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1        (2) inform the Department of any change of address of
2    record or email address of record within 14 days after
3    such change either through the Department's website or by
4    contacting the Department's licensure maintenance unit.
 
5    (225 ILCS 57/15)
6    (Section scheduled to be repealed on January 1, 2022)
7    Sec. 15. Licensure requirements.
8    (a) Persons engaged in massage for compensation must be
9licensed by the Department. The Department shall issue a
10license to an individual who meets all of the following
11requirements:
12        (1) The applicant has applied in writing on the
13    prescribed forms and has paid the required fees.
14        (2) The applicant is at least 18 years of age and of
15    good moral character. In determining good moral character,
16    the Department may take into consideration conviction of
17    any crime under the laws of the United States or any state
18    or territory thereof that is a felony or a misdemeanor or
19    any crime that is directly related to the practice of the
20    profession. Such a conviction shall not operate
21    automatically as a complete bar to a license, except in
22    the case of any conviction for prostitution, rape, or
23    sexual misconduct, or where the applicant is a registered
24    sex offender.
25        (3) The applicant has met one of the following

 

 

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1    requirements: (A) has successfully completed a massage
2    therapy program approved by the Department that requires a
3    minimum of 500 hours, except applicants applying on or
4    after January 1, 2014 shall meet a minimum requirement of
5    600 hours, and has passed a competency examination
6    approved by the Department. ; (B) holds a current license
7    from another jurisdiction having licensure requirements
8    that include the completion of a massage therapy program
9    of at least 500 hours; or (C) (blank).
10    (b) Each applicant for licensure as a massage therapist
11shall have his or her fingerprints submitted to the Department
12of State Police in an electronic format that complies with the
13form and manner for requesting and furnishing criminal history
14record information as prescribed by the Department of State
15Police. These fingerprints shall be checked against the
16Department of State Police and Federal Bureau of Investigation
17criminal history record databases now and hereafter filed. The
18Department of State Police shall charge applicants a fee for
19conducting the criminal history records check, which shall be
20deposited into the State Police Services Fund and shall not
21exceed the actual cost of the records check. The Department of
22State Police shall furnish, pursuant to positive
23identification, records of Illinois convictions to the
24Department. The Department may require applicants to pay a
25separate fingerprinting fee, either to the Department or to a
26vendor. The Department, in its discretion, may allow an

 

 

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1applicant who does not have reasonable access to a designated
2vendor to provide his or her fingerprints in an alternative
3manner. The Department may adopt any rules necessary to
4implement this Section.
5(Source: P.A. 97-514, eff. 8-23-11.)
 
6    (225 ILCS 57/25)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 25. Exemptions.
9    (a) This Act does not prohibit a person licensed under any
10other Act in this State from engaging in the practice for which
11he or she is licensed.
12    (b) Persons exempted under this Section include, but are
13not limited to, physicians, podiatric physicians, naprapaths,
14and physical therapists.
15    (c) Nothing in this Act prohibits qualified members of
16other professional groups, including but not limited to
17nurses, occupational therapists, cosmetologists, and
18estheticians, from performing massage in a manner consistent
19with their training and the code of ethics of their respective
20professions.
21    (d) Nothing in this Act prohibits a student of an approved
22massage school or program from performing massage, provided
23that the student does not hold himself or herself out as a
24licensed massage therapist and does not receive compensation,
25including tips, for massage therapy services.

 

 

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1    (e) Nothing in this Act prohibits practitioners that do
2not involve intentional soft tissue manipulation, including
3but not limited to Alexander Technique, Feldenkrais, Reike,
4and Therapeutic Touch, from practicing.
5    (f) Practitioners of certain service marked bodywork
6approaches that do involve intentional soft tissue
7manipulation, including but not limited to Rolfing, Trager
8Approach, Polarity Therapy, and Orthobionomy, are exempt from
9this Act if they are approved by their governing body based on
10a minimum level of training, demonstration of competency, and
11adherence to ethical standards.
12    (g) Until January 1, 2024 2020, practitioners of Asian
13bodywork approaches are exempt from this Act if they are
14members of the American Organization for of Bodywork Therapies
15of Asia are exempt from licensure under this Act as certified
16practitioners or if they are approved by an Asian bodywork
17organization based on a minimum level of training,
18demonstration of competency, and adherence to ethical
19standards set by their governing body.
20    (h) Practitioners of other forms of bodywork who restrict
21manipulation of soft tissue to the feet, hands, and ears, and
22who do not have the client disrobe, such as reflexology, are
23exempt from this Act.
24    (i) Nothing in this Act applies to massage therapists from
25other states or countries when providing educational programs
26or services for a period not exceeding 30 days within a

 

 

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1calendar year.
2    (j) Nothing in this Act prohibits a person from treating
3ailments by spiritual means through prayer alone in accordance
4with the tenets and practices of a recognized church or
5religious denomination.
6    (k) Nothing in this Act applies to the practice of massage
7therapy by a person either actively licensed as a massage
8therapist in another state or currently certified by the
9National Certification Board of Therapeutic Massage and
10Bodywork or other national certifying body if said person's
11state does not license massage therapists, if he or she is
12performing his or her duties for a Department-approved
13educational program for less than 30 days in a calendar year, a
14Department-approved continuing education program for less than
1530 days in a calendar year, a non-Illinois based team or
16professional organization, or for a national athletic event
17held in this State, so long as he or she restricts his or her
18practice to his or her team or organization or to event
19participants during the course of his or her team's or
20organization's stay in this State or for the duration of the
21event.
22(Source: P.A. 101-421, eff. 8-16-19.)
 
23    (225 ILCS 57/32)
24    (Section scheduled to be repealed on January 1, 2022)
25    Sec. 32. Display. Every holder of a license shall display

 

 

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1it, or a copy, in a conspicuous place in the holder's principal
2office or any other location where the holder renders massage
3therapy services. Every displayed license shall have the
4license number visible.
5(Source: P.A. 97-514, eff. 8-23-11.)
 
6    (225 ILCS 57/45)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 45. Grounds for discipline.
9    (a) The Department may refuse to issue or renew, or may
10revoke, suspend, place on probation, reprimand, or take other
11disciplinary or non-disciplinary action, as the Department
12considers appropriate, including the imposition of fines not
13to exceed $10,000 for each violation, with regard to any
14license or licensee for any one or more of the following:
15        (1) violations of this Act or of the rules adopted
16    under this Act;
17        (2) conviction by plea of guilty or nolo contendere,
18    finding of guilt, jury verdict, or entry of judgment or by
19    sentencing of any crime, including, but not limited to,
20    convictions, preceding sentences of supervision,
21    conditional discharge, or first offender probation, under
22    the laws of any jurisdiction of the United States: (i)
23    that is a felony; or (ii) that is a misdemeanor, an
24    essential element of which is dishonesty, or that is
25    directly related to the practice of the profession;

 

 

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1        (3) professional incompetence;
2        (4) advertising in a false, deceptive, or misleading
3    manner, including failing to use the massage therapist's
4    own license number in an advertisement;
5        (5) aiding, abetting, assisting, procuring, advising,
6    employing, or contracting with any unlicensed person to
7    practice massage contrary to any rules or provisions of
8    this Act;
9        (6) engaging in immoral conduct in the commission of
10    any act, such as sexual abuse, sexual misconduct, or
11    sexual exploitation, related to the licensee's practice;
12        (7) engaging in dishonorable, unethical, or
13    unprofessional conduct of a character likely to deceive,
14    defraud, or harm the public;
15        (8) practicing or offering to practice beyond the
16    scope permitted by law or accepting and performing
17    professional responsibilities which the licensee knows or
18    has reason to know that he or she is not competent to
19    perform;
20        (9) knowingly delegating professional
21    responsibilities to a person unqualified by training,
22    experience, or licensure to perform;
23        (10) failing to provide information in response to a
24    written request made by the Department within 60 days;
25        (11) having a habitual or excessive use of or
26    addiction to alcohol, narcotics, stimulants, or any other

 

 

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1    chemical agent or drug which results in the inability to
2    practice with reasonable judgment, skill, or safety;
3        (12) having a pattern of practice or other behavior
4    that demonstrates incapacity or incompetence to practice
5    under this Act;
6        (13) discipline by another state, District of
7    Columbia, territory, or foreign nation, if at least one of
8    the grounds for the discipline is the same or
9    substantially equivalent to those set forth in this
10    Section;
11        (14) a finding by the Department that the licensee,
12    after having his or her license placed on probationary
13    status, has violated the terms of probation;
14        (15) willfully making or filing false records or
15    reports in his or her practice, including, but not limited
16    to, false records filed with State agencies or
17    departments;
18        (16) making a material misstatement in furnishing
19    information to the Department or otherwise making
20    misleading, deceptive, untrue, or fraudulent
21    representations in violation of this Act or otherwise in
22    the practice of the profession;
23        (17) fraud or misrepresentation in applying for or
24    procuring a license under this Act or in connection with
25    applying for renewal of a license under this Act;
26        (18) inability to practice the profession with

 

 

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1    reasonable judgment, skill, or safety as a result of
2    physical illness, including, but not limited to,
3    deterioration through the aging process, loss of motor
4    skill, or a mental illness or disability;
5        (19) charging for professional services not rendered,
6    including filing false statements for the collection of
7    fees for which services are not rendered;
8        (20) practicing under a false or, except as provided
9    by law, an assumed name; or
10        (21) cheating on or attempting to subvert the
11    licensing examination administered under this Act.
12    All fines shall be paid within 60 days of the effective
13date of the order imposing the fine.
14    (b) A person not licensed under this Act and engaged in the
15business of offering massage therapy services through others,
16shall not aid, abet, assist, procure, advise, employ, or
17contract with any unlicensed person to practice massage
18therapy contrary to any rules or provisions of this Act. A
19person violating this subsection (b) shall be treated as a
20licensee for the purposes of disciplinary action under this
21Section and shall be subject to cease and desist orders as
22provided in Section 90 of this Act.
23    (c) The Department shall revoke any license issued under
24this Act of any person who is convicted of prostitution, rape,
25sexual misconduct, or any crime that subjects the licensee to
26compliance with the requirements of the Sex Offender

 

 

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1Registration Act and any such conviction shall operate as a
2permanent bar in the State of Illinois to practice as a massage
3therapist.
4    (d) The Department may refuse to issue or may suspend the
5license of any person who fails to file a tax return, to pay
6the tax, penalty, or interest shown in a filed tax return, or
7to pay any final assessment of tax, penalty, or interest, as
8required by any tax Act administered by the Illinois
9Department of Revenue, until such time as the requirements of
10the tax Act are satisfied in accordance with subsection (g) of
11Section 2105-15 of the Civil Administrative Code of Illinois.
12    (e) (Blank).
13    (f) In cases where the Department of Healthcare and Family
14Services has previously determined that a licensee or a
15potential licensee is more than 30 days delinquent in the
16payment of child support and has subsequently certified the
17delinquency to the Department, the Department may refuse to
18issue or renew or may revoke or suspend that person's license
19or may take other disciplinary action against that person
20based solely upon the certification of delinquency made by the
21Department of Healthcare and Family Services in accordance
22with item (5) of subsection (a) of Section 2105-15 of the Civil
23Administrative Code of Illinois.
24    (g) The determination by a circuit court that a licensee
25is subject to involuntary admission or judicial admission, as
26provided in the Mental Health and Developmental Disabilities

 

 

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1Code, operates as an automatic suspension. The suspension will
2end only upon a finding by a court that the patient is no
3longer subject to involuntary admission or judicial admission
4and the issuance of a court order so finding and discharging
5the patient.
6    (h) In enforcing this Act, the Department or Board, upon a
7showing of a possible violation, may compel an individual
8licensed to practice under this Act, or who has applied for
9licensure under this Act, to submit to a mental or physical
10examination, or both, as required by and at the expense of the
11Department. The Department or Board may order the examining
12physician to present testimony concerning the mental or
13physical examination of the licensee or applicant. No
14information shall be excluded by reason of any common law or
15statutory privilege relating to communications between the
16licensee or applicant and the examining physician. The
17examining physicians shall be specifically designated by the
18Board or Department. The individual to be examined may have,
19at his or her own expense, another physician of his or her
20choice present during all aspects of this examination. The
21examination shall be performed by a physician licensed to
22practice medicine in all its branches. Failure of an
23individual to submit to a mental or physical examination, when
24directed, shall result in an automatic suspension without
25hearing.
26    A person holding a license under this Act or who has

 

 

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1applied for a license under this Act who, because of a physical
2or mental illness or disability, including, but not limited
3to, deterioration through the aging process or loss of motor
4skill, is unable to practice the profession with reasonable
5judgment, skill, or safety, may be required by the Department
6to submit to care, counseling, or treatment by physicians
7approved or designated by the Department as a condition, term,
8or restriction for continued, reinstated, or renewed licensure
9to practice. Submission to care, counseling, or treatment as
10required by the Department shall not be considered discipline
11of a license. If the licensee refuses to enter into a care,
12counseling, or treatment agreement or fails to abide by the
13terms of the agreement, the Department may file a complaint to
14revoke, suspend, or otherwise discipline the license of the
15individual. The Secretary may order the license suspended
16immediately, pending a hearing by the Department. Fines shall
17not be assessed in disciplinary actions involving physical or
18mental illness or impairment.
19    In instances in which the Secretary immediately suspends a
20person's license under this Section, a hearing on that
21person's license must be convened by the Department within 15
22days after the suspension and completed without appreciable
23delay. The Department and Board shall have the authority to
24review the subject individual's record of treatment and
25counseling regarding the impairment to the extent permitted by
26applicable federal statutes and regulations safeguarding the

 

 

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1confidentiality of medical records.
2    An individual licensed under this Act and affected under
3this Section shall be afforded an opportunity to demonstrate
4to the Department or Board that he or she can resume practice
5in compliance with acceptable and prevailing standards under
6the provisions of his or her license.
7(Source: P.A. 100-872, eff. 8-14-18.)
 
8    (225 ILCS 57/50)
9    (Section scheduled to be repealed on January 1, 2022)
10    Sec. 50. Advertising. It is a misdemeanor for any person,
11organization, or corporation to advertise massage services
12unless the person providing the service holds a valid license
13under this Act, except for those excluded licensed
14professionals who are allowed to include massage in their
15scope of practice. A massage therapist may not advertise
16unless he or she has a current license issued by this State. A
17massage therapist shall include the current license number
18issued by the Department on all advertisements in accordance
19with paragraph (4) of subsection (a) of Section 45.
20"Advertise" as used in this Section includes, but is not
21limited to, the issuance of any card, sign, or device to any
22person; the causing, permitting, or allowing of any sign or
23marking on or in any building, vehicle, or structure;
24advertising in any newspaper or magazine; any listing or
25advertising in any directory under a classification or heading

 

 

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1that includes the words "massage", "massage therapist",
2"therapeutic massage", or "massage therapeutic"; or
3commercials broadcast by any means.
4(Source: P.A. 92-860, eff. 6-1-03.)
 
5    (225 ILCS 57/60)
6    (Section scheduled to be repealed on January 1, 2022)
7    Sec. 60. Illinois Administrative Procedure Act. The
8Illinois Administrative Procedure Act is hereby expressly
9adopted and incorporated herein as if all of the provisions of
10that Act were included in this Act, except that the provision
11of subsection (d) of Section 10-65 of the Illinois
12Administrative Procedure Act that provides that at hearings
13the licensee has the right to show compliance with all lawful
14requirements for retention, continuation, or renewal of the
15license is specifically excluded. For the purposes of this Act
16the notice required under Section 10-25 of the Illinois
17Administrative Procedure Act is deemed sufficient when mailed
18to the address of record or emailed to the email address of
19record of a party.
20(Source: P.A. 97-514, eff. 8-23-11.)
 
21    (225 ILCS 57/95)
22    (Section scheduled to be repealed on January 1, 2022)
23    Sec. 95. Investigations; notice and hearing. The
24Department may investigate the actions of any applicant or of

 

 

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1any person or persons rendering or offering to render massage
2therapy services or any person holding or claiming to hold a
3license as a massage therapist. The Department shall, before
4refusing to issue or renew a license or to discipline a
5licensee under Section 45, at least 30 days prior to the date
6set for the hearing, (i) notify the accused in writing of the
7charges made and the time and place for the hearing on the
8charges, (ii) direct him or her to file a written answer with
9the Department under oath within 20 days after the service of
10the notice, and (iii) inform the applicant or licensee that
11failure to file an answer will result in a default judgment
12being entered against the applicant or licensee. At the time
13and place fixed in the notice, the Department shall proceed to
14hear the charges and the parties of their counsel shall be
15accorded ample opportunity to present any pertinent
16statements, testimony, evidence, and arguments. The Department
17may continue the hearing from time to time. In case the person,
18after receiving the notice, fails to file an answer, his or her
19license may, in the discretion of the Department, be revoked,
20suspended, placed on probationary status, or the Department
21may take whatever disciplinary actions considered proper,
22including limiting the scope, nature, or extent of the
23person's practice or the imposition of a fine, without a
24hearing, if the act or acts charged constitute sufficient
25grounds for that action under the Act. The written notice may
26be served by personal delivery, or by certified mail to the

 

 

10200HB0806sam001- 23 -LRB102 02614 SPS 26970 a

1accused's address of record, or by email to the accused's
2email address of record.
3(Source: P.A. 97-514, eff. 8-23-11.)
 
4    Section 20. The Medical Practice Act of 1987 is amended by
5changing Sections 2, 7, 7.5, 8, 8.1, 9, 9.3, 17, 18, 19, 21,
622, 23, 24, 25, 35, 36, 37, 38, 39, 40, 41, 42, 44, and 47 and
7by adding Sections 7.1 and 7.2 as follows:
 
8    (225 ILCS 60/2)  (from Ch. 111, par. 4400-2)
9    (Section scheduled to be repealed on January 1, 2022)
10    Sec. 2. Definitions. For purposes of this Act, the
11following definitions shall have the following meanings,
12except where the context requires otherwise:
13    "Act" means the Medical Practice Act of 1987.
14    "Address of record" means the designated address recorded
15by the Department in the applicant's or licensee's application
16file or license file as maintained by the Department's
17licensure maintenance unit.
18    "Chiropractic physician" means a person licensed to treat
19human ailments without the use of drugs and without operative
20surgery. Nothing in this Act shall be construed to prohibit a
21chiropractic physician from providing advice regarding the use
22of non-prescription products or from administering atmospheric
23oxygen. Nothing in this Act shall be construed to authorize a
24chiropractic physician to prescribe drugs.

 

 

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1    "Department" means the Department of Financial and
2Professional Regulation.
3    "Disciplinary action" means revocation, suspension,
4probation, supervision, practice modification, reprimand,
5required education, fines or any other action taken by the
6Department against a person holding a license.
7    "Disciplinary Board" means the Medical Disciplinary Board.
8    "Email address of record" means the designated email
9address recorded by the Department in the applicant's
10application file or the licensee's license file, as maintained
11by the Department's licensure maintenance unit.
12    "Final determination" means the governing body's final
13action taken under the procedure followed by a health care
14institution, or professional association or society, against
15any person licensed under the Act in accordance with the
16bylaws or rules and regulations of such health care
17institution, or professional association or society.
18    "Fund" means the Illinois State Medical Disciplinary Fund.
19    "Impaired" means the inability to practice medicine with
20reasonable skill and safety due to physical or mental
21disabilities as evidenced by a written determination or
22written consent based on clinical evidence including
23deterioration through the aging process or loss of motor
24skill, or abuse of drugs or alcohol, of sufficient degree to
25diminish a person's ability to deliver competent patient care.
26    "Licensing Board" means the Medical Licensing Board.

 

 

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1    "Medical Board" means the Illinois State Medical Board.
2    "Physician" means a person licensed under the Medical
3Practice Act to practice medicine in all of its branches or a
4chiropractic physician.
5    "Professional association" means an association or society
6of persons licensed under this Act, and operating within the
7State of Illinois, including but not limited to, medical
8societies, osteopathic organizations, and chiropractic
9organizations, but this term shall not be deemed to include
10hospital medical staffs.
11    "Program of care, counseling, or treatment" means a
12written schedule of organized treatment, care, counseling,
13activities, or education, satisfactory to the Medical
14Disciplinary Board, designed for the purpose of restoring an
15impaired person to a condition whereby the impaired person can
16practice medicine with reasonable skill and safety of a
17sufficient degree to deliver competent patient care.
18    "Reinstate" means to change the status of a license from
19inactive or nonrenewed status to active status.
20    "Restore" means to remove an encumbrance from a license
21due to probation, suspension, or revocation.
22    "Secretary" means the Secretary of the Department of
23Financial and Professional Regulation.
24(Source: P.A. 99-933, eff. 1-27-17; 100-429, eff. 8-25-17.)
 
25    (225 ILCS 60/7)  (from Ch. 111, par. 4400-7)

 

 

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1    (Section scheduled to be repealed on January 1, 2022)
2    Sec. 7. Medical Disciplinary Board.
3    (A) There is hereby created the Illinois State Medical
4Disciplinary Board. The Disciplinary Board shall consist of 11
5members, to be appointed by the Governor by and with the advice
6and consent of the Senate. All members shall be residents of
7the State, not more than 6 of whom shall be members of the same
8political party. All members shall be voting members. Five
9members shall be physicians licensed to practice medicine in
10all of its branches in Illinois possessing the degree of
11doctor of medicine. One member shall be a physician licensed
12to practice medicine in all its branches in Illinois
13possessing the degree of doctor of osteopathy or osteopathic
14medicine. One member shall be a chiropractic physician
15licensed to practice in Illinois and possessing the degree of
16doctor of chiropractic. Four members shall be members of the
17public, who shall not be engaged in any way, directly or
18indirectly, as providers of health care.
19    (B) Members of the Disciplinary Board shall be appointed
20for terms of 4 years. Upon the expiration of the term of any
21member, their successor shall be appointed for a term of 4
22years by the Governor by and with the advice and consent of the
23Senate. The Governor shall fill any vacancy for the remainder
24of the unexpired term with the advice and consent of the
25Senate. Upon recommendation of the Board, any member of the
26Disciplinary Board may be removed by the Governor for

 

 

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1misfeasance, malfeasance, or wilful neglect of duty, after
2notice, and a public hearing, unless such notice and hearing
3shall be expressly waived in writing. Each member shall serve
4on the Disciplinary Board until their successor is appointed
5and qualified. No member of the Disciplinary Board shall serve
6more than 2 consecutive 4 year terms.
7    In making appointments the Governor shall attempt to
8insure that the various social and geographic regions of the
9State of Illinois are properly represented.
10    In making the designation of persons to act for the
11several professions represented on the Disciplinary Board, the
12Governor shall give due consideration to recommendations by
13members of the respective professions and by organizations
14therein.
15    (C) The Disciplinary Board shall annually elect one of its
16voting members as chairperson and one as vice chairperson. No
17officer shall be elected more than twice in succession to the
18same office. Each officer shall serve until their successor
19has been elected and qualified.
20    (D) (Blank).
21    (E) Six voting members of the Disciplinary Board, at least
224 of whom are physicians, shall constitute a quorum. A vacancy
23in the membership of the Disciplinary Board shall not impair
24the right of a quorum to exercise all the rights and perform
25all the duties of the Disciplinary Board. Any action taken by
26the Disciplinary Board under this Act may be authorized by

 

 

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1resolution at any regular or special meeting and each such
2resolution shall take effect immediately. The Disciplinary
3Board shall meet at least quarterly.
4    (F) Each member, and member-officer, of the Disciplinary
5Board shall receive a per diem stipend as the Secretary shall
6determine. Each member shall be paid their necessary expenses
7while engaged in the performance of their duties.
8    (G) The Secretary shall select a Chief Medical Coordinator
9and not less than 2 Deputy Medical Coordinators who shall not
10be members of the Disciplinary Board. Each medical coordinator
11shall be a physician licensed to practice medicine in all of
12its branches, and the Secretary shall set their rates of
13compensation. The Secretary shall assign at least one medical
14coordinator to a region composed of Cook County and such other
15counties as the Secretary may deem appropriate, and such
16medical coordinator or coordinators shall locate their office
17in Chicago. The Secretary shall assign at least one medical
18coordinator to a region composed of the balance of counties in
19the State, and such medical coordinator or coordinators shall
20locate their office in Springfield. The Chief Medical
21Coordinator shall be the chief enforcement officer of this
22Act. None of the functions, powers, or duties of the
23Department with respect to policies regarding enforcement or
24discipline under this Act, including the adoption of such
25rules as may be necessary for the administration of this Act,
26shall be exercised by the Department except upon review of the

 

 

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1Disciplinary Board.
2    The Secretary shall employ, in conformity with the
3Personnel Code, investigators who are college graduates with
4at least 2 years of investigative experience or one year of
5advanced medical education. Upon the written request of the
6Disciplinary Board, the Secretary shall employ, in conformity
7with the Personnel Code, such other professional, technical,
8investigative, and clerical help, either on a full or
9part-time basis as the Disciplinary Board deems necessary for
10the proper performance of its duties.
11    (H) Upon the specific request of the Disciplinary Board,
12signed by either the chairperson, vice chairperson, or a
13medical coordinator of the Disciplinary Board, the Department
14of Human Services, the Department of Healthcare and Family
15Services, the Department of State Police, or any other law
16enforcement agency located in this State shall make available
17any and all information that they have in their possession
18regarding a particular case then under investigation by the
19Disciplinary Board.
20    (I) Members of the Disciplinary Board shall be immune from
21suit in any action based upon any disciplinary proceedings or
22other acts performed in good faith as members of the
23Disciplinary Board.
24    (J) The Disciplinary Board may compile and establish a
25statewide roster of physicians and other medical
26professionals, including the several medical specialties, of

 

 

10200HB0806sam001- 30 -LRB102 02614 SPS 26970 a

1such physicians and medical professionals, who have agreed to
2serve from time to time as advisors to the medical
3coordinators. Such advisors shall assist the medical
4coordinators or the Disciplinary Board in their investigations
5and participation in complaints against physicians. Such
6advisors shall serve under contract and shall be reimbursed at
7a reasonable rate for the services provided, plus reasonable
8expenses incurred. While serving in this capacity, the
9advisor, for any act undertaken in good faith and in the
10conduct of his or her duties under this Section, shall be
11immune from civil suit.
12    (K) This Section is inoperative when a majority of the
13Medical Board is appointed. This Section is repealed one year
14after the effective date of this amendatory Act of the 102nd
15General Assembly.
16(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
 
17    (225 ILCS 60/7.1 new)
18    Sec. 7.1. Medical Board.
19    (A) There is hereby created the Illinois State Medical
20Board. The Medical Board shall consist of 17 members, to be
21appointed by the Governor by and with the advice and consent of
22the Senate. All members shall be residents of the State, not
23more than 8 of whom shall be members of the same political
24party. All members shall be voting members. Eight members
25shall be physicians licensed to practice medicine in all of

 

 

10200HB0806sam001- 31 -LRB102 02614 SPS 26970 a

1its branches in Illinois possessing the degree of doctor of
2medicine. Two members shall be physicians licensed to practice
3medicine in all its branches in Illinois possessing the degree
4of doctor of osteopathy or osteopathic medicine. Two of the
5physician members shall be physicians who collaborate with
6physician assistants. Two members shall be chiropractic
7physicians licensed to practice in Illinois and possessing the
8degree of doctor of chiropractic. Two members shall be
9physician assistants licensed to practice in Illinois. Three
10members shall be members of the public, who shall not be
11engaged in any way, directly or indirectly, as providers of
12health care.
13    (B) Members of the Medical Board shall be appointed for
14terms of 4 years. Upon the expiration of the term of any
15member, their successor shall be appointed for a term of 4
16years by the Governor by and with the advice and consent of the
17Senate. The Governor shall fill any vacancy for the remainder
18of the unexpired term with the advice and consent of the
19Senate. Upon recommendation of the Medical Board, any member
20of the Medical Board may be removed by the Governor for
21misfeasance, malfeasance, or willful neglect of duty, after
22notice, and a public hearing, unless such notice and hearing
23shall be expressly waived in writing. Each member shall serve
24on the Medical Board until their successor is appointed and
25qualified. No member of the Medical Board shall serve more
26than 2 consecutive 4-year terms.

 

 

10200HB0806sam001- 32 -LRB102 02614 SPS 26970 a

1    In making appointments the Governor shall attempt to
2ensure that the various social and geographic regions of the
3State of Illinois are properly represented.
4    In making the designation of persons to act for the
5several professions represented on the Medical Board, the
6Governor shall give due consideration to recommendations by
7members of the respective professions and by organizations
8therein.
9    (C) The Medical Board shall annually elect one of its
10voting members as chairperson and one as vice chairperson. No
11officer shall be elected more than twice in succession to the
12same office. Each officer shall serve until their successor
13has been elected and qualified.
14    (D) A majority of the Medical Board members currently
15appointed shall constitute a quorum. A vacancy in the
16membership of the Medical Board shall not impair the right of a
17quorum to exercise all the rights and perform all the duties of
18the Medical Board. Any action taken by the Medical Board under
19this Act may be authorized by resolution at any regular or
20special meeting and each such resolution shall take effect
21immediately. The Medical Board shall meet at least quarterly.
22    (E) Each member shall be paid their necessary expenses
23while engaged in the performance of their duties.
24    (F) The Secretary shall select a Chief Medical Coordinator
25and not less than 2 Deputy Medical Coordinators who shall not
26be members of the Medical Board. Each medical coordinator

 

 

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1shall be a physician licensed to practice medicine in all of
2its branches, and the Secretary shall set their rates of
3compensation. The Secretary shall assign at least one medical
4coordinator to a region composed of Cook County and such other
5counties as the Secretary may deem appropriate, and such
6medical coordinator or coordinators shall locate their office
7in Chicago. The Secretary shall assign at least one medical
8coordinator to a region composed of the balance of counties in
9the State, and such medical coordinator or coordinators shall
10locate their office in Springfield. The Chief Medical
11Coordinator shall be the chief enforcement officer of this
12Act. None of the functions, powers, or duties of the
13Department with respect to policies regarding enforcement or
14discipline under this Act, including the adoption of such
15rules as may be necessary for the administration of this Act,
16shall be exercised by the Department except upon review of the
17Medical Board.
18    (G) The Secretary shall employ, in conformity with the
19Personnel Code, investigators who are college graduates with
20at least 2 years of investigative experience or one year of
21advanced medical education. Upon the written request of the
22Medical Board, the Secretary shall employ, in conformity with
23the Personnel Code, such other professional, technical,
24investigative, and clerical help, either on a full or
25part-time basis as the Medical Board deems necessary for the
26proper performance of its duties.

 

 

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1    (H) Upon the specific request of the Medical Board, signed
2by either the chairperson, vice chairperson, or a medical
3coordinator of the Medical Board, the Department of Human
4Services, the Department of Healthcare and Family Services,
5the Department of State Police, or any other law enforcement
6agency located in this State shall make available any and all
7information that they have in their possession regarding a
8particular case then under investigation by the Medical Board.
9    (I) Members of the Medical Board shall be immune from suit
10in any action based upon any disciplinary proceedings or other
11acts performed in good faith as members of the Medical Board.
12    (J) The Medical Board may compile and establish a
13statewide roster of physicians and other medical
14professionals, including the several medical specialties, of
15such physicians and medical professionals, who have agreed to
16serve from time to time as advisors to the medical
17coordinators. Such advisors shall assist the medical
18coordinators or the Medical Board in their investigations and
19participation in complaints against physicians. Such advisors
20shall serve under contract and shall be reimbursed at a
21reasonable rate for the services provided, plus reasonable
22expenses incurred. While serving in this capacity, the
23advisor, for any act undertaken in good faith and in the
24conduct of his or her duties under this Section, shall be
25immune from civil suit.
 

 

 

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1    (225 ILCS 60/7.2 new)
2    Sec. 7.2. Medical Board appointment. All members of the
3Medical Licensing Board and the Medical Disciplinary Board
4shall serve as members of the Medical Board. A majority of the
5Medical Board members shall be appointed within 260 days after
6the effective date of this amendatory Act of the 102nd General
7Assembly. The Medical Licensing Board and Medical Disciplinary
8Board shall exercise all functions, powers, and duties
9enumerated in this Act to the Medical Board. All functions,
10powers, and duties enumerated in this Act to the Medical
11Licensing Board and Medical Disciplinary Board shall dissolve
12at such time when a majority of the Medical Board is appointed.
13This Section is repealed one year after the effective date of
14this amendatory Act of the 102nd General Assembly.
 
15    (225 ILCS 60/7.5)
16    (Section scheduled to be repealed on January 1, 2022)
17    Sec. 7.5. Complaint Committee.
18    (a) There shall be a Complaint Committee of the Medical
19Disciplinary Board composed of at least one of the medical
20coordinators established by subsection (G) of Section 7 of
21this Act, the Chief of Medical Investigations (person employed
22by the Department who is in charge of investigating complaints
23against physicians and physician assistants), the Chief of
24Medical Prosecutions (the person employed by the Department
25who is in charge of prosecuting formal complaints against

 

 

10200HB0806sam001- 36 -LRB102 02614 SPS 26970 a

1physicians and physician assistants), and at least 3 members
2of the Medical Disciplinary Board (at least 2 of whom shall be
3physicians) designated by the Chairperson of the Medical
4Disciplinary Board with the approval of the Medical
5Disciplinary Board.
6    (b) The Complaint Committee shall meet at least twice a
7month to exercise its functions and duties set forth in
8subsection (c) below. At least 2 members of the Medical
9Disciplinary Board shall be in attendance in order for any
10business to be transacted by the Complaint Committee. The
11Complaint Committee shall make every effort to consider
12expeditiously and take prompt action on each item on its
13agenda.
14    (c) The Complaint Committee shall have the following
15duties and functions:
16        (1) To recommend to the Medical Disciplinary Board
17    that a complaint file be closed.
18        (2) To refer a complaint file to the office of the
19    Chief of Medical Prosecutions for review.
20        (3) To make a decision in conjunction with the Chief
21    of Medical Prosecutions regarding action to be taken on a
22    complaint file.
23    (d) In determining what action to take or whether to
24proceed with prosecution of a complaint, the Complaint
25Committee shall consider, but not be limited to, the following
26factors: sufficiency of the evidence presented, prosecutorial

 

 

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1merit under Section 22 of this Act, any recommendation made by
2the Department, and insufficient cooperation from complaining
3parties.
4    (e) Notwithstanding any provision of this Act, the
5Department may close a complaint, after investigation and
6approval of the Chief Medical Coordinator without review of
7the Complaint Committee, in which the allegations of the
8complaint if proven would not constitute a violation of the
9Act, there is insufficient evidence to prove a violation of
10the Act, or there is insufficient cooperation from complaining
11parties, as determined by the Department.
12(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
 
13    (225 ILCS 60/8)  (from Ch. 111, par. 4400-8)
14    (Section scheduled to be repealed on January 1, 2022)
15    Sec. 8. Medical Licensing Board.
16    (A) There is hereby created a Medical Licensing Board. The
17Licensing Board shall be composed of 7 members, to be
18appointed by the Governor by and with the advice and consent of
19the Senate; 5 of whom shall be reputable physicians licensed
20to practice medicine in all of its branches in Illinois,
21possessing the degree of doctor of medicine; one member shall
22be a reputable physician licensed in Illinois to practice
23medicine in all of its branches, possessing the degree of
24doctor of osteopathy or osteopathic medicine; and one member
25shall be a reputable chiropractic physician licensed to

 

 

10200HB0806sam001- 38 -LRB102 02614 SPS 26970 a

1practice in Illinois and possessing the degree of doctor of
2chiropractic. Of the 5 members holding the degree of doctor of
3medicine, one shall be a full-time or part-time teacher of
4professorial rank in the clinical department of an Illinois
5school of medicine.
6    (B) Members of the Licensing Board shall be appointed for
7terms of 4 years, and until their successors are appointed and
8qualified. Appointments to fill vacancies shall be made in the
9same manner as original appointments, for the unexpired
10portion of the vacated term. No more than 4 members of the
11Licensing Board shall be members of the same political party
12and all members shall be residents of this State. No member of
13the Licensing Board may be appointed to more than 2 successive
144 year terms.
15    (C) Members of the Licensing Board shall be immune from
16suit in any action based upon any licensing proceedings or
17other acts performed in good faith as members of the Licensing
18Board.
19    (D) (Blank).
20    (E) The Licensing Board shall annually elect one of its
21members as chairperson and one as vice chairperson. No member
22shall be elected more than twice in succession to the same
23office. Each officer shall serve until his or her successor
24has been elected and qualified.
25    (F) None of the functions, powers or duties of the
26Department with respect to policies regarding licensure and

 

 

10200HB0806sam001- 39 -LRB102 02614 SPS 26970 a

1examination under this Act, including the promulgation of such
2rules as may be necessary for the administration of this Act,
3shall be exercised by the Department except upon review of the
4Licensing Board.
5    (G) The Licensing Board shall receive the same
6compensation as the members of the Disciplinary Board, which
7compensation shall be paid out of the Illinois State Medical
8Disciplinary Fund.
9    (H) This Section is inoperative when a majority of the
10Medical Board is appointed. This Section is repealed one year
11after the effective date of this amendatory Act of the 102nd
12General Assembly.
13(Source: P.A. 97-622, eff. 11-23-11.)
 
14    (225 ILCS 60/8.1)
15    (Section scheduled to be repealed on January 1, 2022)
16    Sec. 8.1. Matters concerning advanced practice registered
17nurses. Any proposed rules, amendments, second notice
18materials and adopted rule or amendment materials, and policy
19statements concerning advanced practice registered nurses
20shall be presented to the Medical Licensing Board for review
21and comment. The recommendations of both the Board of Nursing
22and the Medical Licensing Board shall be presented to the
23Secretary for consideration in making final decisions.
24Whenever the Board of Nursing and the Medical Licensing Board
25disagree on a proposed rule or policy, the Secretary shall

 

 

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1convene a joint meeting of the officers of each Board to
2discuss the resolution of any such disagreements.
3(Source: P.A. 100-513, eff. 1-1-18.)
 
4    (225 ILCS 60/9)  (from Ch. 111, par. 4400-9)
5    (Section scheduled to be repealed on January 1, 2022)
6    Sec. 9. Application for license. Each applicant for a
7license shall:
8        (A) Make application on blank forms prepared and
9    furnished by the Department.
10        (B) Submit evidence satisfactory to the Department
11    that the applicant:
12            (1) is of good moral character. In determining
13        moral character under this Section, the Department may
14        take into consideration whether the applicant has
15        engaged in conduct or activities which would
16        constitute grounds for discipline under this Act. The
17        Department may also request the applicant to submit,
18        and may consider as evidence of moral character,
19        endorsements from 2 or 3 individuals licensed under
20        this Act;
21            (2) has the preliminary and professional education
22        required by this Act;
23            (3) (blank); and
24            (4) is physically, mentally, and professionally
25        capable of practicing medicine with reasonable

 

 

10200HB0806sam001- 41 -LRB102 02614 SPS 26970 a

1        judgment, skill, and safety. In determining physical
2        and mental capacity under this Section, the Medical
3        Licensing Board may, upon a showing of a possible
4        incapacity or conduct or activities that would
5        constitute grounds for discipline under this Act,
6        compel any applicant to submit to a mental or physical
7        examination and evaluation, or both, as provided for
8        in Section 22 of this Act. The Medical Licensing Board
9        may condition or restrict any license, subject to the
10        same terms and conditions as are provided for the
11        Medical Disciplinary Board under Section 22 of this
12        Act. Any such condition of a restricted license shall
13        provide that the Chief Medical Coordinator or Deputy
14        Medical Coordinator shall have the authority to review
15        the subject physician's compliance with such
16        conditions or restrictions, including, where
17        appropriate, the physician's record of treatment and
18        counseling regarding the impairment, to the extent
19        permitted by applicable federal statutes and
20        regulations safeguarding the confidentiality of
21        medical records of patients.
22        In determining professional capacity under this
23    Section, an individual may be required to complete such
24    additional testing, training, or remedial education as the
25    Medical Licensing Board may deem necessary in order to
26    establish the applicant's present capacity to practice

 

 

10200HB0806sam001- 42 -LRB102 02614 SPS 26970 a

1    medicine with reasonable judgment, skill, and safety. The
2    Medical Licensing Board may consider the following
3    criteria, as they relate to an applicant, as part of its
4    determination of professional capacity:
5            (1) Medical research in an established research
6        facility, hospital, college or university, or private
7        corporation.
8            (2) Specialized training or education.
9            (3) Publication of original work in learned,
10        medical, or scientific journals.
11            (4) Participation in federal, State, local, or
12        international public health programs or organizations.
13            (5) Professional service in a federal veterans or
14        military institution.
15            (6) Any other professional activities deemed to
16        maintain and enhance the clinical capabilities of the
17        applicant.
18        Any applicant applying for a license to practice
19    medicine in all of its branches or for a license as a
20    chiropractic physician who has not been engaged in the
21    active practice of medicine or has not been enrolled in a
22    medical program for 2 years prior to application must
23    submit proof of professional capacity to the Medical
24    Licensing Board.
25        Any applicant applying for a temporary license that
26    has not been engaged in the active practice of medicine or

 

 

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1    has not been enrolled in a medical program for longer than
2    5 years prior to application must submit proof of
3    professional capacity to the Medical Licensing Board.
4        (C) Designate specifically the name, location, and
5    kind of professional school, college, or institution of
6    which the applicant is a graduate and the category under
7    which the applicant seeks, and will undertake, to
8    practice.
9        (D) Pay to the Department at the time of application
10    the required fees.
11        (E) Pursuant to Department rules, as required, pass an
12    examination authorized by the Department to determine the
13    applicant's fitness to receive a license.
14        (F) Complete the application process within 3 years
15    from the date of application. If the process has not been
16    completed within 3 years, the application shall expire,
17    application fees shall be forfeited, and the applicant
18    must reapply and meet the requirements in effect at the
19    time of reapplication.
20(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
 
21    (225 ILCS 60/9.3)
22    (Section scheduled to be repealed on January 1, 2022)
23    Sec. 9.3. Withdrawal of application. Any applicant
24applying for a license or permit under this Act may withdraw
25his or her application at any time. If an applicant withdraws

 

 

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1his or her application after receipt of a written Notice of
2Intent to Deny License or Permit, then the withdrawal shall be
3reported to the Federation of State Medical Boards and the
4National Practitioner Data Bank.
5(Source: P.A. 98-601, eff. 12-30-13; 98-1140, eff. 12-30-14.)
 
6    (225 ILCS 60/17)  (from Ch. 111, par. 4400-17)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 17. Temporary license. Persons holding the degree of
9Doctor of Medicine, persons holding the degree of Doctor of
10Osteopathy or Doctor of Osteopathic Medicine, and persons
11holding the degree of Doctor of Chiropractic or persons who
12have satisfied the requirements therefor and are eligible to
13receive such degree from a medical, osteopathic, or
14chiropractic school, who wish to pursue programs of graduate
15or specialty training in this State, may receive without
16examination, in the discretion of the Department, a 3-year
17temporary license. In order to receive a 3-year temporary
18license hereunder, an applicant shall submit evidence
19satisfactory to the Department that the applicant:
20        (A) Is of good moral character. In determining moral
21    character under this Section, the Department may take into
22    consideration whether the applicant has engaged in conduct
23    or activities which would constitute grounds for
24    discipline under this Act. The Department may also request
25    the applicant to submit, and may consider as evidence of

 

 

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1    moral character, endorsements from 2 or 3 individuals
2    licensed under this Act;
3        (B) Has been accepted or appointed for specialty or
4    residency training by a hospital situated in this State or
5    a training program in hospitals or facilities maintained
6    by the State of Illinois or affiliated training facilities
7    which is approved by the Department for the purpose of
8    such training under this Act. The applicant shall indicate
9    the beginning and ending dates of the period for which the
10    applicant has been accepted or appointed;
11        (C) Has or will satisfy the professional education
12    requirements of Section 11 of this Act which are effective
13    at the date of application except for postgraduate
14    clinical training;
15        (D) Is physically, mentally, and professionally
16    capable of practicing medicine or treating human ailments
17    without the use of drugs and without operative surgery
18    with reasonable judgment, skill, and safety. In
19    determining physical, mental and professional capacity
20    under this Section, the Medical Licensing Board may, upon
21    a showing of a possible incapacity, compel an applicant to
22    submit to a mental or physical examination and evaluation,
23    or both, and may condition or restrict any temporary
24    license, subject to the same terms and conditions as are
25    provided for the Medical Disciplinary Board under Section
26    22 of this Act. Any such condition of restricted temporary

 

 

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1    license shall provide that the Chief Medical Coordinator
2    or Deputy Medical Coordinator shall have the authority to
3    review the subject physician's compliance with such
4    conditions or restrictions, including, where appropriate,
5    the physician's record of treatment and counseling
6    regarding the impairment, to the extent permitted by
7    applicable federal statutes and regulations safeguarding
8    the confidentiality of medical records of patients.
9    Three-year temporary licenses issued pursuant to this
10Section shall be valid only for the period of time designated
11therein, and may be extended or renewed pursuant to the rules
12of the Department, and if a temporary license is thereafter
13extended, it shall not extend beyond completion of the
14residency program. The holder of a valid 3-year temporary
15license shall be entitled thereby to perform only such acts as
16may be prescribed by and incidental to his or her program of
17residency training; he or she shall not be entitled to
18otherwise engage in the practice of medicine in this State
19unless fully licensed in this State.
20    A 3-year temporary license may be revoked or suspended by
21the Department upon proof that the holder thereof has engaged
22in the practice of medicine in this State outside of the
23program of his or her residency or specialty training, or if
24the holder shall fail to supply the Department, within 10 days
25of its request, with information as to his or her current
26status and activities in his or her specialty training

 

 

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1program. Such a revocation or suspension shall comply with the
2procedures set forth in subsection (d) of Section 37 of this
3Act.
4(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
 
5    (225 ILCS 60/18)  (from Ch. 111, par. 4400-18)
6    (Section scheduled to be repealed on January 1, 2022)
7    Sec. 18. Visiting professor, physician, or resident
8permits.
9    (A) Visiting professor permit.
10        (1) A visiting professor permit shall entitle a person
11    to practice medicine in all of its branches or to practice
12    the treatment of human ailments without the use of drugs
13    and without operative surgery provided:
14            (a) the person maintains an equivalent
15        authorization to practice medicine in all of its
16        branches or to practice the treatment of human
17        ailments without the use of drugs and without
18        operative surgery in good standing in his or her
19        native licensing jurisdiction during the period of the
20        visiting professor permit;
21            (b) the person has received a faculty appointment
22        to teach in a medical, osteopathic or chiropractic
23        school in Illinois; and
24            (c) the Department may prescribe the information
25        necessary to establish an applicant's eligibility for

 

 

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1        a permit. This information shall include without
2        limitation (i) a statement from the dean of the
3        medical school at which the applicant will be employed
4        describing the applicant's qualifications and (ii) a
5        statement from the dean of the medical school listing
6        every affiliated institution in which the applicant
7        will be providing instruction as part of the medical
8        school's education program and justifying any clinical
9        activities at each of the institutions listed by the
10        dean.
11        (2) Application for visiting professor permits shall
12    be made to the Department, in writing, on forms prescribed
13    by the Department and shall be accompanied by the required
14    fee established by rule, which shall not be refundable.
15    Any application shall require the information as, in the
16    judgment of the Department, will enable the Department to
17    pass on the qualifications of the applicant.
18        (3) A visiting professor permit shall be valid for no
19    longer than 2 years from the date of issuance or until the
20    time the faculty appointment is terminated, whichever
21    occurs first, and may be renewed only in accordance with
22    subdivision (A)(6) of this Section.
23        (4) The applicant may be required to appear before the
24    Medical Licensing Board for an interview prior to, and as
25    a requirement for, the issuance of the original permit and
26    the renewal.

 

 

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1        (5) Persons holding a permit under this Section shall
2    only practice medicine in all of its branches or practice
3    the treatment of human ailments without the use of drugs
4    and without operative surgery in the State of Illinois in
5    their official capacity under their contract within the
6    medical school itself and any affiliated institution in
7    which the permit holder is providing instruction as part
8    of the medical school's educational program and for which
9    the medical school has assumed direct responsibility.
10        (6) After the initial renewal of a visiting professor
11    permit, a visiting professor permit shall be valid until
12    the last day of the next physician license renewal period,
13    as set by rule, and may only be renewed for applicants who
14    meet the following requirements:
15            (i) have obtained the required continuing
16        education hours as set by rule; and
17            (ii) have paid the fee prescribed for a license
18        under Section 21 of this Act.
19    For initial renewal, the visiting professor must
20successfully pass a general competency examination authorized
21by the Department by rule, unless he or she was issued an
22initial visiting professor permit on or after January 1, 2007,
23but prior to July 1, 2007.
 
24    (B) Visiting physician permit.
25        (1) The Department may, in its discretion, issue a

 

 

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1    temporary visiting physician permit, without examination,
2    provided:
3            (a) (blank);
4            (b) that the person maintains an equivalent
5        authorization to practice medicine in all of its
6        branches or to practice the treatment of human
7        ailments without the use of drugs and without
8        operative surgery in good standing in his or her
9        native licensing jurisdiction during the period of the
10        temporary visiting physician permit;
11            (c) that the person has received an invitation or
12        appointment to study, demonstrate, or perform a
13        specific medical, osteopathic, chiropractic or
14        clinical subject or technique in a medical,
15        osteopathic, or chiropractic school, a state or
16        national medical, osteopathic, or chiropractic
17        professional association or society conference or
18        meeting, a hospital licensed under the Hospital
19        Licensing Act, a hospital organized under the
20        University of Illinois Hospital Act, or a facility
21        operated pursuant to the Ambulatory Surgical Treatment
22        Center Act; and
23            (d) that the temporary visiting physician permit
24        shall only permit the holder to practice medicine in
25        all of its branches or practice the treatment of human
26        ailments without the use of drugs and without

 

 

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1        operative surgery within the scope of the medical,
2        osteopathic, chiropractic, or clinical studies, or in
3        conjunction with the state or national medical,
4        osteopathic, or chiropractic professional association
5        or society conference or meeting, for which the holder
6        was invited or appointed.
7        (2) The application for the temporary visiting
8    physician permit shall be made to the Department, in
9    writing, on forms prescribed by the Department, and shall
10    be accompanied by the required fee established by rule,
11    which shall not be refundable. The application shall
12    require information that, in the judgment of the
13    Department, will enable the Department to pass on the
14    qualification of the applicant, and the necessity for the
15    granting of a temporary visiting physician permit.
16        (3) A temporary visiting physician permit shall be
17    valid for no longer than (i) 180 days from the date of
18    issuance or (ii) until the time the medical, osteopathic,
19    chiropractic, or clinical studies are completed, or the
20    state or national medical, osteopathic, or chiropractic
21    professional association or society conference or meeting
22    has concluded, whichever occurs first. The temporary
23    visiting physician permit may be issued multiple times to
24    a visiting physician under this paragraph (3) as long as
25    the total number of days it is active do not exceed 180
26    days within a 365-day period.

 

 

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1        (4) The applicant for a temporary visiting physician
2    permit may be required to appear before the Medical
3    Licensing Board for an interview prior to, and as a
4    requirement for, the issuance of a temporary visiting
5    physician permit.
6        (5) A limited temporary visiting physician permit
7    shall be issued to a physician licensed in another state
8    who has been requested to perform emergency procedures in
9    Illinois if he or she meets the requirements as
10    established by rule.
 
11    (C) Visiting resident permit.
12        (1) The Department may, in its discretion, issue a
13    temporary visiting resident permit, without examination,
14    provided:
15            (a) (blank);
16            (b) that the person maintains an equivalent
17        authorization to practice medicine in all of its
18        branches or to practice the treatment of human
19        ailments without the use of drugs and without
20        operative surgery in good standing in his or her
21        native licensing jurisdiction during the period of the
22        temporary visiting resident permit;
23            (c) that the applicant is enrolled in a
24        postgraduate clinical training program outside the
25        State of Illinois that is approved by the Department;

 

 

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1            (d) that the individual has been invited or
2        appointed for a specific period of time to perform a
3        portion of that post graduate clinical training
4        program under the supervision of an Illinois licensed
5        physician in an Illinois patient care clinic or
6        facility that is affiliated with the out-of-State post
7        graduate training program; and
8            (e) that the temporary visiting resident permit
9        shall only permit the holder to practice medicine in
10        all of its branches or practice the treatment of human
11        ailments without the use of drugs and without
12        operative surgery within the scope of the medical,
13        osteopathic, chiropractic or clinical studies for
14        which the holder was invited or appointed.
15        (2) The application for the temporary visiting
16    resident permit shall be made to the Department, in
17    writing, on forms prescribed by the Department, and shall
18    be accompanied by the required fee established by rule.
19    The application shall require information that, in the
20    judgment of the Department, will enable the Department to
21    pass on the qualifications of the applicant.
22        (3) A temporary visiting resident permit shall be
23    valid for 180 days from the date of issuance or until the
24    time the medical, osteopathic, chiropractic, or clinical
25    studies are completed, whichever occurs first.
26        (4) The applicant for a temporary visiting resident

 

 

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1    permit may be required to appear before the Medical
2    Licensing Board for an interview prior to, and as a
3    requirement for, the issuance of a temporary visiting
4    resident permit.
5(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
 
6    (225 ILCS 60/19)  (from Ch. 111, par. 4400-19)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 19. Licensure by endorsement. The Department may, in
9its discretion, issue a license by endorsement to any person
10who is currently licensed to practice medicine in all of its
11branches, or a chiropractic physician, in any other state,
12territory, country or province, upon the following conditions
13and submitting evidence satisfactory to the Department of the
14following:
15        (A) (Blank);
16        (B) That the applicant is of good moral character. In
17    determining moral character under this Section, the
18    Department may take into consideration whether the
19    applicant has engaged in conduct or activities which would
20    constitute grounds for discipline under this Act. The
21    Department may also request the applicant to submit, and
22    may consider as evidence of moral character, endorsements
23    from 2 or 3 individuals licensed under this Act;
24        (C) That the applicant is physically, mentally and
25    professionally capable of practicing medicine with

 

 

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1    reasonable judgment, skill and safety. In determining
2    physical, mental and professional capacity under this
3    Section the Medical Licensing Board may, upon a showing of
4    a possible incapacity, compel an applicant to submit to a
5    mental or physical examination and evaluation, or both, in
6    the same manner as provided in Section 22 and may
7    condition or restrict any license, subject to the same
8    terms and conditions as are provided for the Medical
9    Disciplinary Board under Section 22 of this Act.
10        (D) That if the applicant seeks to practice medicine
11    in all of its branches:
12            (1) if the applicant was licensed in another
13        jurisdiction prior to January 1, 1988, that the
14        applicant has satisfied the educational requirements
15        of paragraph (1) of subsection (A) or paragraph (2) of
16        subsection (A) of Section 11 of this Act; or
17            (2) if the applicant was licensed in another
18        jurisdiction after December 31, 1987, that the
19        applicant has satisfied the educational requirements
20        of paragraph (A)(2) of Section 11 of this Act; and
21            (3) the requirements for a license to practice
22        medicine in all of its branches in the particular
23        state, territory, country or province in which the
24        applicant is licensed are deemed by the Department to
25        have been substantially equivalent to the requirements
26        for a license to practice medicine in all of its

 

 

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1        branches in force in this State at the date of the
2        applicant's license;
3        (E) That if the applicant seeks to treat human
4    ailments without the use of drugs and without operative
5    surgery:
6            (1) the applicant is a graduate of a chiropractic
7        school or college approved by the Department at the
8        time of their graduation;
9            (2) the requirements for the applicant's license
10        to practice the treatment of human ailments without
11        the use of drugs are deemed by the Department to have
12        been substantially equivalent to the requirements for
13        a license to practice in this State at the date of the
14        applicant's license;
15        (F) That the Department may, in its discretion, issue
16    a license by endorsement to any graduate of a medical or
17    osteopathic college, reputable and in good standing in the
18    judgment of the Department, who has passed an examination
19    for admission to the United States Public Health Service,
20    or who has passed any other examination deemed by the
21    Department to have been at least equal in all substantial
22    respects to the examination required for admission to any
23    such medical corps;
24        (G) That applications for licenses by endorsement
25    shall be filed with the Department, under oath, on forms
26    prepared and furnished by the Department, and shall set

 

 

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1    forth, and applicants therefor shall supply such
2    information respecting the life, education, professional
3    practice, and moral character of applicants as the
4    Department may require to be filed for its use;
5        (H) That the applicant undergo the criminal background
6    check established under Section 9.7 of this Act.
7    In the exercise of its discretion under this Section, the
8Department is empowered to consider and evaluate each
9applicant on an individual basis. It may take into account,
10among other things: the extent to which the applicant will
11bring unique experience and skills to the State of Illinois or
12the extent to which there is or is not available to the
13Department authentic and definitive information concerning the
14quality of medical education and clinical training which the
15applicant has had. Under no circumstances shall a license be
16issued under the provisions of this Section to any person who
17has previously taken and failed the written examination
18conducted by the Department for such license. In the exercise
19of its discretion under this Section, the Department may
20require an applicant to successfully complete an examination
21as recommended by the Medical Licensing Board. The Department
22may also request the applicant to submit, and may consider as
23evidence of moral character, evidence from 2 or 3 individuals
24licensed under this Act. Applicants have 3 years from the date
25of application to complete the application process. If the
26process has not been completed within 3 years, the application

 

 

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1shall be denied, the fees shall be forfeited, and the
2applicant must reapply and meet the requirements in effect at
3the time of reapplication.
4(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
 
5    (225 ILCS 60/21)  (from Ch. 111, par. 4400-21)
6    (Section scheduled to be repealed on January 1, 2022)
7    Sec. 21. License renewal; reinstatement; inactive status;
8disposition and collection of fees.
9    (A) Renewal. The expiration date and renewal period for
10each license issued under this Act shall be set by rule. The
11holder of a license may renew the license by paying the
12required fee. The holder of a license may also renew the
13license within 90 days after its expiration by complying with
14the requirements for renewal and payment of an additional fee.
15A license renewal within 90 days after expiration shall be
16effective retroactively to the expiration date.
17    The Department shall attempt to provide through electronic
18means to each licensee under this Act, at least 60 days in
19advance of the expiration date of his or her license, a renewal
20notice. No such license shall be deemed to have lapsed until 90
21days after the expiration date and after the Department has
22attempted to provide such notice as herein provided.
23    (B) Reinstatement. Any licensee who has permitted his or
24her license to lapse or who has had his or her license on
25inactive status may have his or her license reinstated by

 

 

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1making application to the Department and filing proof
2acceptable to the Department of his or her fitness to have the
3license reinstated, including evidence certifying to active
4practice in another jurisdiction satisfactory to the
5Department, proof of meeting the continuing education
6requirements for one renewal period, and by paying the
7required reinstatement fee.
8    If the licensee has not maintained an active practice in
9another jurisdiction satisfactory to the Department, the
10Medical Licensing Board shall determine, by an evaluation
11program established by rule, the applicant's fitness to resume
12active status and may require the licensee to complete a
13period of evaluated clinical experience and may require
14successful completion of a practical examination specified by
15the Medical Licensing Board.
16    However, any registrant whose license has expired while he
17or she has been engaged (a) in Federal Service on active duty
18with the Army of the United States, the United States Navy, the
19Marine Corps, the Air Force, the Coast Guard, the Public
20Health Service or the State Militia called into the service or
21training of the United States of America, or (b) in training or
22education under the supervision of the United States
23preliminary to induction into the military service, may have
24his or her license reinstated without paying any lapsed
25renewal fees, if within 2 years after honorable termination of
26such service, training, or education, he or she furnishes to

 

 

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1the Department with satisfactory evidence to the effect that
2he or she has been so engaged and that his or her service,
3training, or education has been so terminated.
4    (C) Inactive licenses. Any licensee who notifies the
5Department, in writing on forms prescribed by the Department,
6may elect to place his or her license on an inactive status and
7shall, subject to rules of the Department, be excused from
8payment of renewal fees until he or she notifies the
9Department in writing of his or her desire to resume active
10status.
11    Any licensee requesting reinstatement from inactive status
12shall be required to pay the current renewal fee, provide
13proof of meeting the continuing education requirements for the
14period of time the license is inactive not to exceed one
15renewal period, and shall be required to reinstate his or her
16license as provided in subsection (B).
17    Any licensee whose license is in an inactive status shall
18not practice in the State of Illinois.
19    (D) Disposition of monies collected. All monies collected
20under this Act by the Department shall be deposited in the
21Illinois State Medical Disciplinary Fund in the State
22Treasury, and used only for the following purposes: (a) by the
23Medical Disciplinary Board and Licensing Board in the exercise
24of its powers and performance of its duties, as such use is
25made by the Department with full consideration of all
26recommendations of the Medical Disciplinary Board and

 

 

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1Licensing Board, (b) for costs directly related to persons
2licensed under this Act, and (c) for direct and allocable
3indirect costs related to the public purposes of the
4Department.
5    Moneys in the Fund may be transferred to the Professions
6Indirect Cost Fund as authorized under Section 2105-300 of the
7Department of Professional Regulation Law of the Civil
8Administrative Code of Illinois.
9    All earnings received from investment of monies in the
10Illinois State Medical Disciplinary Fund shall be deposited in
11the Illinois State Medical Disciplinary Fund and shall be used
12for the same purposes as fees deposited in such Fund.
13    (E) Fees. The following fees are nonrefundable.
14        (1) Applicants for any examination shall be required
15    to pay, either to the Department or to the designated
16    testing service, a fee covering the cost of determining
17    the applicant's eligibility and providing the examination.
18    Failure to appear for the examination on the scheduled
19    date, at the time and place specified, after the
20    applicant's application for examination has been received
21    and acknowledged by the Department or the designated
22    testing service, shall result in the forfeiture of the
23    examination fee.
24        (2) Before July 1, 2018, the fee for a license under
25    Section 9 of this Act is $700. Beginning on July 1, 2018,
26    the fee for a license under Section 9 of this Act is $500.

 

 

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1        (3) Before July 1, 2018, the fee for a license under
2    Section 19 of this Act is $700. Beginning on July 1, 2018,
3    the fee for a license under Section 19 of this Act is $500.
4        (4) Before July 1, 2018, the fee for the renewal of a
5    license for a resident of Illinois shall be calculated at
6    the rate of $230 per year, and beginning on July 1, 2018
7    and until January 1, 2020, the fee for the renewal of a
8    license shall be $167, except for licensees who were
9    issued a license within 12 months of the expiration date
10    of the license, before July 1, 2018, the fee for the
11    renewal shall be $230, and beginning on July 1, 2018 and
12    until January 1, 2020 that fee will be $167. Before July 1,
13    2018, the fee for the renewal of a license for a
14    nonresident shall be calculated at the rate of $460 per
15    year, and beginning on July 1, 2018 and until January 1,
16    2020, the fee for the renewal of a license for a
17    nonresident shall be $250, except for licensees who were
18    issued a license within 12 months of the expiration date
19    of the license, before July 1, 2018, the fee for the
20    renewal shall be $460, and beginning on July 1, 2018 and
21    until January 1, 2020 that fee will be $250. Beginning on
22    January 1, 2020, the fee for renewal of a license for a
23    resident or nonresident is $181 per year.
24        (5) The fee for the reinstatement of a license other
25    than from inactive status, is $230. In addition, payment
26    of all lapsed renewal fees not to exceed $1,400 is

 

 

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1    required.
2        (6) The fee for a 3-year temporary license under
3    Section 17 is $230.
4        (7) The fee for the issuance of a license with a change
5    of name or address other than during the renewal period is
6    $20. No fee is required for name and address changes on
7    Department records when no updated license is issued.
8        (8) The fee to be paid for a license record for any
9    purpose is $20.
10        (9) The fee to be paid to have the scoring of an
11    examination, administered by the Department, reviewed and
12    verified, is $20 plus any fees charged by the applicable
13    testing service.
14    (F) Any person who delivers a check or other payment to the
15Department that is returned to the Department unpaid by the
16financial institution upon which it is drawn shall pay to the
17Department, in addition to the amount already owed to the
18Department, a fine of $50. The fines imposed by this Section
19are in addition to any other discipline provided under this
20Act for unlicensed practice or practice on a nonrenewed
21license. The Department shall notify the person that payment
22of fees and fines shall be paid to the Department by certified
23check or money order within 30 calendar days of the
24notification. If, after the expiration of 30 days from the
25date of the notification, the person has failed to submit the
26necessary remittance, the Department shall automatically

 

 

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1terminate the license or permit or deny the application,
2without hearing. If, after termination or denial, the person
3seeks a license or permit, he or she shall apply to the
4Department for reinstatement or issuance of the license or
5permit and pay all fees and fines due to the Department. The
6Department may establish a fee for the processing of an
7application for reinstatement of a license or permit to pay
8all expenses of processing this application. The Secretary may
9waive the fines due under this Section in individual cases
10where the Secretary finds that the fines would be unreasonable
11or unnecessarily burdensome.
12(Source: P.A. 101-316, eff. 8-9-19; 101-603, eff. 1-1-20.)
 
13    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
14    (Section scheduled to be repealed on January 1, 2022)
15    Sec. 22. Disciplinary action.
16    (A) The Department may revoke, suspend, place on
17probation, reprimand, refuse to issue or renew, or take any
18other disciplinary or non-disciplinary action as the
19Department may deem proper with regard to the license or
20permit of any person issued under this Act, including imposing
21fines not to exceed $10,000 for each violation, upon any of the
22following grounds:
23        (1) (Blank).
24        (2) (Blank).
25        (3) A plea of guilty or nolo contendere, finding of

 

 

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1    guilt, jury verdict, or entry of judgment or sentencing,
2    including, but not limited to, convictions, preceding
3    sentences of supervision, conditional discharge, or first
4    offender probation, under the laws of any jurisdiction of
5    the United States of any crime that is a felony.
6        (4) Gross negligence in practice under this Act.
7        (5) Engaging in dishonorable, unethical, or
8    unprofessional conduct of a character likely to deceive,
9    defraud or harm the public.
10        (6) Obtaining any fee by fraud, deceit, or
11    misrepresentation.
12        (7) Habitual or excessive use or abuse of drugs
13    defined in law as controlled substances, of alcohol, or of
14    any other substances which results in the inability to
15    practice with reasonable judgment, skill, or safety.
16        (8) Practicing under a false or, except as provided by
17    law, an assumed name.
18        (9) Fraud or misrepresentation in applying for, or
19    procuring, a license under this Act or in connection with
20    applying for renewal of a license under this Act.
21        (10) Making a false or misleading statement regarding
22    their skill or the efficacy or value of the medicine,
23    treatment, or remedy prescribed by them at their direction
24    in the treatment of any disease or other condition of the
25    body or mind.
26        (11) Allowing another person or organization to use

 

 

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1    their license, procured under this Act, to practice.
2        (12) Adverse action taken by another state or
3    jurisdiction against a license or other authorization to
4    practice as a medical doctor, doctor of osteopathy, doctor
5    of osteopathic medicine or doctor of chiropractic, a
6    certified copy of the record of the action taken by the
7    other state or jurisdiction being prima facie evidence
8    thereof. This includes any adverse action taken by a State
9    or federal agency that prohibits a medical doctor, doctor
10    of osteopathy, doctor of osteopathic medicine, or doctor
11    of chiropractic from providing services to the agency's
12    participants.
13        (13) Violation of any provision of this Act or of the
14    Medical Practice Act prior to the repeal of that Act, or
15    violation of the rules, or a final administrative action
16    of the Secretary, after consideration of the
17    recommendation of the Medical Disciplinary Board.
18        (14) Violation of the prohibition against fee
19    splitting in Section 22.2 of this Act.
20        (15) A finding by the Medical Disciplinary Board that
21    the registrant after having his or her license placed on
22    probationary status or subjected to conditions or
23    restrictions violated the terms of the probation or failed
24    to comply with such terms or conditions.
25        (16) Abandonment of a patient.
26        (17) Prescribing, selling, administering,

 

 

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1    distributing, giving, or self-administering any drug
2    classified as a controlled substance (designated product)
3    or narcotic for other than medically accepted therapeutic
4    purposes.
5        (18) Promotion of the sale of drugs, devices,
6    appliances, or goods provided for a patient in such manner
7    as to exploit the patient for financial gain of the
8    physician.
9        (19) Offering, undertaking, or agreeing to cure or
10    treat disease by a secret method, procedure, treatment, or
11    medicine, or the treating, operating, or prescribing for
12    any human condition by a method, means, or procedure which
13    the licensee refuses to divulge upon demand of the
14    Department.
15        (20) Immoral conduct in the commission of any act
16    including, but not limited to, commission of an act of
17    sexual misconduct related to the licensee's practice.
18        (21) Willfully making or filing false records or
19    reports in his or her practice as a physician, including,
20    but not limited to, false records to support claims
21    against the medical assistance program of the Department
22    of Healthcare and Family Services (formerly Department of
23    Public Aid) under the Illinois Public Aid Code.
24        (22) Willful omission to file or record, or willfully
25    impeding the filing or recording, or inducing another
26    person to omit to file or record, medical reports as

 

 

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1    required by law, or willfully failing to report an
2    instance of suspected abuse or neglect as required by law.
3        (23) Being named as a perpetrator in an indicated
4    report by the Department of Children and Family Services
5    under the Abused and Neglected Child Reporting Act, and
6    upon proof by clear and convincing evidence that the
7    licensee has caused a child to be an abused child or
8    neglected child as defined in the Abused and Neglected
9    Child Reporting Act.
10        (24) Solicitation of professional patronage by any
11    corporation, agents or persons, or profiting from those
12    representing themselves to be agents of the licensee.
13        (25) Gross and willful and continued overcharging for
14    professional services, including filing false statements
15    for collection of fees for which services are not
16    rendered, including, but not limited to, filing such false
17    statements for collection of monies for services not
18    rendered from the medical assistance program of the
19    Department of Healthcare and Family Services (formerly
20    Department of Public Aid) under the Illinois Public Aid
21    Code.
22        (26) A pattern of practice or other behavior which
23    demonstrates incapacity or incompetence to practice under
24    this Act.
25        (27) Mental illness or disability which results in the
26    inability to practice under this Act with reasonable

 

 

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1    judgment, skill, or safety.
2        (28) Physical illness, including, but not limited to,
3    deterioration through the aging process, or loss of motor
4    skill which results in a physician's inability to practice
5    under this Act with reasonable judgment, skill, or safety.
6        (29) Cheating on or attempt to subvert the licensing
7    examinations administered under this Act.
8        (30) Willfully or negligently violating the
9    confidentiality between physician and patient except as
10    required by law.
11        (31) The use of any false, fraudulent, or deceptive
12    statement in any document connected with practice under
13    this Act.
14        (32) Aiding and abetting an individual not licensed
15    under this Act in the practice of a profession licensed
16    under this Act.
17        (33) Violating state or federal laws or regulations
18    relating to controlled substances, legend drugs, or
19    ephedra as defined in the Ephedra Prohibition Act.
20        (34) Failure to report to the Department any adverse
21    final action taken against them by another licensing
22    jurisdiction (any other state or any territory of the
23    United States or any foreign state or country), by any
24    peer review body, by any health care institution, by any
25    professional society or association related to practice
26    under this Act, by any governmental agency, by any law

 

 

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1    enforcement agency, or by any court for acts or conduct
2    similar to acts or conduct which would constitute grounds
3    for action as defined in this Section.
4        (35) Failure to report to the Department surrender of
5    a license or authorization to practice as a medical
6    doctor, a doctor of osteopathy, a doctor of osteopathic
7    medicine, or doctor of chiropractic in another state or
8    jurisdiction, or surrender of membership on any medical
9    staff or in any medical or professional association or
10    society, while under disciplinary investigation by any of
11    those authorities or bodies, for acts or conduct similar
12    to acts or conduct which would constitute grounds for
13    action as defined in this Section.
14        (36) Failure to report to the Department any adverse
15    judgment, settlement, or award arising from a liability
16    claim related to acts or conduct similar to acts or
17    conduct which would constitute grounds for action as
18    defined in this Section.
19        (37) Failure to provide copies of medical records as
20    required by law.
21        (38) Failure to furnish the Department, its
22    investigators or representatives, relevant information,
23    legally requested by the Department after consultation
24    with the Chief Medical Coordinator or the Deputy Medical
25    Coordinator.
26        (39) Violating the Health Care Worker Self-Referral

 

 

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1    Act.
2        (40) Willful failure to provide notice when notice is
3    required under the Parental Notice of Abortion Act of
4    1995.
5        (41) Failure to establish and maintain records of
6    patient care and treatment as required by this law.
7        (42) Entering into an excessive number of written
8    collaborative agreements with licensed advanced practice
9    registered nurses resulting in an inability to adequately
10    collaborate.
11        (43) Repeated failure to adequately collaborate with a
12    licensed advanced practice registered nurse.
13        (44) Violating the Compassionate Use of Medical
14    Cannabis Program Act.
15        (45) Entering into an excessive number of written
16    collaborative agreements with licensed prescribing
17    psychologists resulting in an inability to adequately
18    collaborate.
19        (46) Repeated failure to adequately collaborate with a
20    licensed prescribing psychologist.
21        (47) Willfully failing to report an instance of
22    suspected abuse, neglect, financial exploitation, or
23    self-neglect of an eligible adult as defined in and
24    required by the Adult Protective Services Act.
25        (48) Being named as an abuser in a verified report by
26    the Department on Aging under the Adult Protective

 

 

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1    Services Act, and upon proof by clear and convincing
2    evidence that the licensee abused, neglected, or
3    financially exploited an eligible adult as defined in the
4    Adult Protective Services Act.
5        (49) Entering into an excessive number of written
6    collaborative agreements with licensed physician
7    assistants resulting in an inability to adequately
8    collaborate.
9        (50) Repeated failure to adequately collaborate with a
10    physician assistant.
11    Except for actions involving the ground numbered (26), all
12proceedings to suspend, revoke, place on probationary status,
13or take any other disciplinary action as the Department may
14deem proper, with regard to a license on any of the foregoing
15grounds, must be commenced within 5 years next after receipt
16by the Department of a complaint alleging the commission of or
17notice of the conviction order for any of the acts described
18herein. Except for the grounds numbered (8), (9), (26), and
19(29), no action shall be commenced more than 10 years after the
20date of the incident or act alleged to have violated this
21Section. For actions involving the ground numbered (26), a
22pattern of practice or other behavior includes all incidents
23alleged to be part of the pattern of practice or other behavior
24that occurred, or a report pursuant to Section 23 of this Act
25received, within the 10-year period preceding the filing of
26the complaint. In the event of the settlement of any claim or

 

 

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1cause of action in favor of the claimant or the reduction to
2final judgment of any civil action in favor of the plaintiff,
3such claim, cause of action, or civil action being grounded on
4the allegation that a person licensed under this Act was
5negligent in providing care, the Department shall have an
6additional period of 2 years from the date of notification to
7the Department under Section 23 of this Act of such settlement
8or final judgment in which to investigate and commence formal
9disciplinary proceedings under Section 36 of this Act, except
10as otherwise provided by law. The time during which the holder
11of the license was outside the State of Illinois shall not be
12included within any period of time limiting the commencement
13of disciplinary action by the Department.
14    The entry of an order or judgment by any circuit court
15establishing that any person holding a license under this Act
16is a person in need of mental treatment operates as a
17suspension of that license. That person may resume his or her
18their practice only upon the entry of a Departmental order
19based upon a finding by the Medical Disciplinary Board that
20the person has they have been determined to be recovered from
21mental illness by the court and upon the Medical Disciplinary
22Board's recommendation that the person they be permitted to
23resume his or her their practice.
24    The Department may refuse to issue or take disciplinary
25action concerning the license of any person who fails to file a
26return, or to pay the tax, penalty, or interest shown in a

 

 

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1filed return, or to pay any final assessment of tax, penalty,
2or interest, as required by any tax Act administered by the
3Illinois Department of Revenue, until such time as the
4requirements of any such tax Act are satisfied as determined
5by the Illinois Department of Revenue.
6    The Department, upon the recommendation of the Medical
7Disciplinary Board, shall adopt rules which set forth
8standards to be used in determining:
9        (a) when a person will be deemed sufficiently
10    rehabilitated to warrant the public trust;
11        (b) what constitutes dishonorable, unethical, or
12    unprofessional conduct of a character likely to deceive,
13    defraud, or harm the public;
14        (c) what constitutes immoral conduct in the commission
15    of any act, including, but not limited to, commission of
16    an act of sexual misconduct related to the licensee's
17    practice; and
18        (d) what constitutes gross negligence in the practice
19    of medicine.
20    However, no such rule shall be admissible into evidence in
21any civil action except for review of a licensing or other
22disciplinary action under this Act.
23    In enforcing this Section, the Medical Disciplinary Board
24or the Licensing Board, upon a showing of a possible
25violation, may compel, in the case of the Disciplinary Board,
26any individual who is licensed to practice under this Act or

 

 

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1holds a permit to practice under this Act, or, in the case of
2the Licensing Board, any individual who has applied for
3licensure or a permit pursuant to this Act, to submit to a
4mental or physical examination and evaluation, or both, which
5may include a substance abuse or sexual offender evaluation,
6as required by the Medical Licensing Board or Disciplinary
7Board and at the expense of the Department. The Medical
8Disciplinary Board or Licensing Board shall specifically
9designate the examining physician licensed to practice
10medicine in all of its branches or, if applicable, the
11multidisciplinary team involved in providing the mental or
12physical examination and evaluation, or both. The
13multidisciplinary team shall be led by a physician licensed to
14practice medicine in all of its branches and may consist of one
15or more or a combination of physicians licensed to practice
16medicine in all of its branches, licensed chiropractic
17physicians, licensed clinical psychologists, licensed clinical
18social workers, licensed clinical professional counselors, and
19other professional and administrative staff. Any examining
20physician or member of the multidisciplinary team may require
21any person ordered to submit to an examination and evaluation
22pursuant to this Section to submit to any additional
23supplemental testing deemed necessary to complete any
24examination or evaluation process, including, but not limited
25to, blood testing, urinalysis, psychological testing, or
26neuropsychological testing. The Medical Disciplinary Board,

 

 

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1the Licensing Board, or the Department may order the examining
2physician or any member of the multidisciplinary team to
3provide to the Department, the Disciplinary Board, or the
4Medical Licensing Board any and all records, including
5business records, that relate to the examination and
6evaluation, including any supplemental testing performed. The
7Medical Disciplinary Board, the Licensing Board, or the
8Department may order the examining physician or any member of
9the multidisciplinary team to present testimony concerning
10this examination and evaluation of the licensee, permit
11holder, or applicant, including testimony concerning any
12supplemental testing or documents relating to the examination
13and evaluation. No information, report, record, or other
14documents in any way related to the examination and evaluation
15shall be excluded by reason of any common law or statutory
16privilege relating to communication between the licensee,
17permit holder, or applicant and the examining physician or any
18member of the multidisciplinary team. No authorization is
19necessary from the licensee, permit holder, or applicant
20ordered to undergo an evaluation and examination for the
21examining physician or any member of the multidisciplinary
22team to provide information, reports, records, or other
23documents or to provide any testimony regarding the
24examination and evaluation. The individual to be examined may
25have, at his or her own expense, another physician of his or
26her choice present during all aspects of the examination.

 

 

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1Failure of any individual to submit to mental or physical
2examination and evaluation, or both, when directed, shall
3result in an automatic suspension, without hearing, until such
4time as the individual submits to the examination. If the
5Medical Disciplinary Board or Licensing Board finds a
6physician unable to practice following an examination and
7evaluation because of the reasons set forth in this Section,
8the Medical Disciplinary Board or Licensing Board shall
9require such physician to submit to care, counseling, or
10treatment by physicians, or other health care professionals,
11approved or designated by the Medical Disciplinary Board, as a
12condition for issued, continued, reinstated, or renewed
13licensure to practice. Any physician, whose license was
14granted pursuant to Sections 9, 17, or 19 of this Act, or,
15continued, reinstated, renewed, disciplined or supervised,
16subject to such terms, conditions, or restrictions who shall
17fail to comply with such terms, conditions, or restrictions,
18or to complete a required program of care, counseling, or
19treatment, as determined by the Chief Medical Coordinator or
20Deputy Medical Coordinators, shall be referred to the
21Secretary for a determination as to whether the licensee shall
22have his or her their license suspended immediately, pending a
23hearing by the Medical Disciplinary Board. In instances in
24which the Secretary immediately suspends a license under this
25Section, a hearing upon such person's license must be convened
26by the Medical Disciplinary Board within 15 days after such

 

 

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1suspension and completed without appreciable delay. The
2Medical Disciplinary Board shall have the authority to review
3the subject physician's record of treatment and counseling
4regarding the impairment, to the extent permitted by
5applicable federal statutes and regulations safeguarding the
6confidentiality of medical records.
7    An individual licensed under this Act, affected under this
8Section, shall be afforded an opportunity to demonstrate to
9the Medical Disciplinary Board that he or she they can resume
10practice in compliance with acceptable and prevailing
11standards under the provisions of his or her their license.
12    The Department may promulgate rules for the imposition of
13fines in disciplinary cases, not to exceed $10,000 for each
14violation of this Act. Fines may be imposed in conjunction
15with other forms of disciplinary action, but shall not be the
16exclusive disposition of any disciplinary action arising out
17of conduct resulting in death or injury to a patient. Any funds
18collected from such fines shall be deposited in the Illinois
19State Medical Disciplinary Fund.
20    All fines imposed under this Section shall be paid within
2160 days after the effective date of the order imposing the fine
22or in accordance with the terms set forth in the order imposing
23the fine.
24    (B) The Department shall revoke the license or permit
25issued under this Act to practice medicine or a chiropractic
26physician who has been convicted a second time of committing

 

 

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1any felony under the Illinois Controlled Substances Act or the
2Methamphetamine Control and Community Protection Act, or who
3has been convicted a second time of committing a Class 1 felony
4under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
5person whose license or permit is revoked under this
6subsection B shall be prohibited from practicing medicine or
7treating human ailments without the use of drugs and without
8operative surgery.
9    (C) The Department shall not revoke, suspend, place on
10probation, reprimand, refuse to issue or renew, or take any
11other disciplinary or non-disciplinary action against the
12license or permit issued under this Act to practice medicine
13to a physician:
14        (1) based solely upon the recommendation of the
15    physician to an eligible patient regarding, or
16    prescription for, or treatment with, an investigational
17    drug, biological product, or device; or
18        (2) for experimental treatment for Lyme disease or
19    other tick-borne diseases, including, but not limited to,
20    the prescription of or treatment with long-term
21    antibiotics.
22    (D) The Medical Disciplinary Board shall recommend to the
23Department civil penalties and any other appropriate
24discipline in disciplinary cases when the Medical Board finds
25that a physician willfully performed an abortion with actual
26knowledge that the person upon whom the abortion has been

 

 

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1performed is a minor or an incompetent person without notice
2as required under the Parental Notice of Abortion Act of 1995.
3Upon the Medical Board's recommendation, the Department shall
4impose, for the first violation, a civil penalty of $1,000 and
5for a second or subsequent violation, a civil penalty of
6$5,000.
7(Source: P.A. 100-429, eff. 8-25-17; 100-513, eff. 1-1-18;
8100-605, eff. 1-1-19; 100-863, eff. 8-14-18; 100-1137, eff.
91-1-19; 101-13, eff. 6-12-19; 101-81, eff. 7-12-19; 101-363,
10eff. 8-9-19; revised 9-20-19.)
 
11    (225 ILCS 60/23)  (from Ch. 111, par. 4400-23)
12    (Section scheduled to be repealed on January 1, 2022)
13    Sec. 23. Reports relating to professional conduct and
14capacity.
15    (A) Entities required to report.
16        (1) Health care institutions. The chief administrator
17    or executive officer of any health care institution
18    licensed by the Illinois Department of Public Health shall
19    report to the Medical Disciplinary Board when any person's
20    clinical privileges are terminated or are restricted based
21    on a final determination made in accordance with that
22    institution's by-laws or rules and regulations that a
23    person has either committed an act or acts which may
24    directly threaten patient care or that a person may have a
25    mental or physical disability that may endanger patients

 

 

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1    under that person's care. Such officer also shall report
2    if a person accepts voluntary termination or restriction
3    of clinical privileges in lieu of formal action based upon
4    conduct related directly to patient care or in lieu of
5    formal action seeking to determine whether a person may
6    have a mental or physical disability that may endanger
7    patients under that person's care. The Medical
8    Disciplinary Board shall, by rule, provide for the
9    reporting to it by health care institutions of all
10    instances in which a person, licensed under this Act, who
11    is impaired by reason of age, drug or alcohol abuse or
12    physical or mental impairment, is under supervision and,
13    where appropriate, is in a program of rehabilitation. Such
14    reports shall be strictly confidential and may be reviewed
15    and considered only by the members of the Medical
16    Disciplinary Board, or by authorized staff as provided by
17    rules of the Medical Disciplinary Board. Provisions shall
18    be made for the periodic report of the status of any such
19    person not less than twice annually in order that the
20    Medical Disciplinary Board shall have current information
21    upon which to determine the status of any such person.
22    Such initial and periodic reports of impaired physicians
23    shall not be considered records within the meaning of The
24    State Records Act and shall be disposed of, following a
25    determination by the Medical Disciplinary Board that such
26    reports are no longer required, in a manner and at such

 

 

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1    time as the Medical Disciplinary Board shall determine by
2    rule. The filing of such reports shall be construed as the
3    filing of a report for purposes of subsection (C) of this
4    Section.
5        (1.5) Clinical training programs. The program director
6    of any post-graduate clinical training program shall
7    report to the Medical Disciplinary Board if a person
8    engaged in a post-graduate clinical training program at
9    the institution, including, but not limited to, a
10    residency or fellowship, separates from the program for
11    any reason prior to its conclusion. The program director
12    shall provide all documentation relating to the separation
13    if, after review of the report, the Medical Disciplinary
14    Board determines that a review of those documents is
15    necessary to determine whether a violation of this Act
16    occurred.
17        (2) Professional associations. The President or chief
18    executive officer of any association or society, of
19    persons licensed under this Act, operating within this
20    State shall report to the Medical Disciplinary Board when
21    the association or society renders a final determination
22    that a person has committed unprofessional conduct related
23    directly to patient care or that a person may have a mental
24    or physical disability that may endanger patients under
25    that person's care.
26        (3) Professional liability insurers. Every insurance

 

 

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1    company which offers policies of professional liability
2    insurance to persons licensed under this Act, or any other
3    entity which seeks to indemnify the professional liability
4    of a person licensed under this Act, shall report to the
5    Medical Disciplinary Board the settlement of any claim or
6    cause of action, or final judgment rendered in any cause
7    of action, which alleged negligence in the furnishing of
8    medical care by such licensed person when such settlement
9    or final judgment is in favor of the plaintiff.
10        (4) State's Attorneys. The State's Attorney of each
11    county shall report to the Medical Disciplinary Board,
12    within 5 days, any instances in which a person licensed
13    under this Act is convicted of any felony or Class A
14    misdemeanor. The State's Attorney of each county may
15    report to the Medical Disciplinary Board through a
16    verified complaint any instance in which the State's
17    Attorney believes that a physician has willfully violated
18    the notice requirements of the Parental Notice of Abortion
19    Act of 1995.
20        (5) State agencies. All agencies, boards, commissions,
21    departments, or other instrumentalities of the government
22    of the State of Illinois shall report to the Medical
23    Disciplinary Board any instance arising in connection with
24    the operations of such agency, including the
25    administration of any law by such agency, in which a
26    person licensed under this Act has either committed an act

 

 

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1    or acts which may be a violation of this Act or which may
2    constitute unprofessional conduct related directly to
3    patient care or which indicates that a person licensed
4    under this Act may have a mental or physical disability
5    that may endanger patients under that person's care.
6    (B) Mandatory reporting. All reports required by items
7(34), (35), and (36) of subsection (A) of Section 22 and by
8Section 23 shall be submitted to the Medical Disciplinary
9Board in a timely fashion. Unless otherwise provided in this
10Section, the reports shall be filed in writing within 60 days
11after a determination that a report is required under this
12Act. All reports shall contain the following information:
13        (1) The name, address and telephone number of the
14    person making the report.
15        (2) The name, address and telephone number of the
16    person who is the subject of the report.
17        (3) The name and date of birth of any patient or
18    patients whose treatment is a subject of the report, if
19    available, or other means of identification if such
20    information is not available, identification of the
21    hospital or other healthcare facility where the care at
22    issue in the report was rendered, provided, however, no
23    medical records may be revealed.
24        (4) A brief description of the facts which gave rise
25    to the issuance of the report, including the dates of any
26    occurrences deemed to necessitate the filing of the

 

 

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1    report.
2        (5) If court action is involved, the identity of the
3    court in which the action is filed, along with the docket
4    number and date of filing of the action.
5        (6) Any further pertinent information which the
6    reporting party deems to be an aid in the evaluation of the
7    report.
8    The Medical Disciplinary Board or Department may also
9exercise the power under Section 38 of this Act to subpoena
10copies of hospital or medical records in mandatory report
11cases alleging death or permanent bodily injury. Appropriate
12rules shall be adopted by the Department with the approval of
13the Medical Disciplinary Board.
14    When the Department has received written reports
15concerning incidents required to be reported in items (34),
16(35), and (36) of subsection (A) of Section 22, the licensee's
17failure to report the incident to the Department under those
18items shall not be the sole grounds for disciplinary action.
19    Nothing contained in this Section shall act to in any way,
20waive or modify the confidentiality of medical reports and
21committee reports to the extent provided by law. Any
22information reported or disclosed shall be kept for the
23confidential use of the Medical Disciplinary Board, the
24Medical Coordinators, the Medical Disciplinary Board's
25attorneys, the medical investigative staff, and authorized
26clerical staff, as provided in this Act, and shall be afforded

 

 

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1the same status as is provided information concerning medical
2studies in Part 21 of Article VIII of the Code of Civil
3Procedure, except that the Department may disclose information
4and documents to a federal, State, or local law enforcement
5agency pursuant to a subpoena in an ongoing criminal
6investigation or to a health care licensing body or medical
7licensing authority of this State or another state or
8jurisdiction pursuant to an official request made by that
9licensing body or medical licensing authority. Furthermore,
10information and documents disclosed to a federal, State, or
11local law enforcement agency may be used by that agency only
12for the investigation and prosecution of a criminal offense,
13or, in the case of disclosure to a health care licensing body
14or medical licensing authority, only for investigations and
15disciplinary action proceedings with regard to a license.
16Information and documents disclosed to the Department of
17Public Health may be used by that Department only for
18investigation and disciplinary action regarding the license of
19a health care institution licensed by the Department of Public
20Health.
21    (C) Immunity from prosecution. Any individual or
22organization acting in good faith, and not in a wilful and
23wanton manner, in complying with this Act by providing any
24report or other information to the Medical Disciplinary Board
25or a peer review committee, or assisting in the investigation
26or preparation of such information, or by voluntarily

 

 

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1reporting to the Medical Disciplinary Board or a peer review
2committee information regarding alleged errors or negligence
3by a person licensed under this Act, or by participating in
4proceedings of the Medical Disciplinary Board or a peer review
5committee, or by serving as a member of the Medical
6Disciplinary Board or a peer review committee, shall not, as a
7result of such actions, be subject to criminal prosecution or
8civil damages.
9    (D) Indemnification. Members of the Medical Disciplinary
10Board, the Licensing Board, the Medical Coordinators, the
11Medical Disciplinary Board's attorneys, the medical
12investigative staff, physicians retained under contract to
13assist and advise the medical coordinators in the
14investigation, and authorized clerical staff shall be
15indemnified by the State for any actions occurring within the
16scope of services on the Medical Disciplinary Board or
17Licensing Board, done in good faith and not wilful and wanton
18in nature. The Attorney General shall defend all such actions
19unless he or she determines either that there would be a
20conflict of interest in such representation or that the
21actions complained of were not in good faith or were wilful and
22wanton.
23    Should the Attorney General decline representation, the
24member shall have the right to employ counsel of his or her
25choice, whose fees shall be provided by the State, after
26approval by the Attorney General, unless there is a

 

 

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1determination by a court that the member's actions were not in
2good faith or were wilful and wanton.
3    The member must notify the Attorney General within 7 days
4of receipt of notice of the initiation of any action involving
5services of the Medical Disciplinary Board. Failure to so
6notify the Attorney General shall constitute an absolute
7waiver of the right to a defense and indemnification.
8    The Attorney General shall determine within 7 days after
9receiving such notice, whether he or she will undertake to
10represent the member.
11    (E) Deliberations of Medical Disciplinary Board. Upon the
12receipt of any report called for by this Act, other than those
13reports of impaired persons licensed under this Act required
14pursuant to the rules of the Medical Disciplinary Board, the
15Medical Disciplinary Board shall notify in writing, by
16certified mail or email, the person who is the subject of the
17report. Such notification shall be made within 30 days of
18receipt by the Medical Disciplinary Board of the report.
19    The notification shall include a written notice setting
20forth the person's right to examine the report. Included in
21such notification shall be the address at which the file is
22maintained, the name of the custodian of the reports, and the
23telephone number at which the custodian may be reached. The
24person who is the subject of the report shall submit a written
25statement responding, clarifying, adding to, or proposing the
26amending of the report previously filed. The person who is the

 

 

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1subject of the report shall also submit with the written
2statement any medical records related to the report. The
3statement and accompanying medical records shall become a
4permanent part of the file and must be received by the Medical
5Disciplinary Board no more than 30 days after the date on which
6the person was notified by the Medical Disciplinary Board of
7the existence of the original report.
8    The Medical Disciplinary Board shall review all reports
9received by it, together with any supporting information and
10responding statements submitted by persons who are the subject
11of reports. The review by the Medical Disciplinary Board shall
12be in a timely manner but in no event, shall the Medical
13Disciplinary Board's initial review of the material contained
14in each disciplinary file be less than 61 days nor more than
15180 days after the receipt of the initial report by the Medical
16Disciplinary Board.
17    When the Medical Disciplinary Board makes its initial
18review of the materials contained within its disciplinary
19files, the Medical Disciplinary Board shall, in writing, make
20a determination as to whether there are sufficient facts to
21warrant further investigation or action. Failure to make such
22determination within the time provided shall be deemed to be a
23determination that there are not sufficient facts to warrant
24further investigation or action.
25    Should the Medical Disciplinary Board find that there are
26not sufficient facts to warrant further investigation, or

 

 

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1action, the report shall be accepted for filing and the matter
2shall be deemed closed and so reported to the Secretary. The
3Secretary shall then have 30 days to accept the Medical
4Disciplinary Board's decision or request further
5investigation. The Secretary shall inform the Medical Board of
6the decision to request further investigation, including the
7specific reasons for the decision. The individual or entity
8filing the original report or complaint and the person who is
9the subject of the report or complaint shall be notified in
10writing by the Secretary of any final action on their report or
11complaint. The Department shall disclose to the individual or
12entity who filed the original report or complaint, on request,
13the status of the Medical Disciplinary Board's review of a
14specific report or complaint. Such request may be made at any
15time, including prior to the Medical Disciplinary Board's
16determination as to whether there are sufficient facts to
17warrant further investigation or action.
18    (F) Summary reports. The Medical Disciplinary Board shall
19prepare, on a timely basis, but in no event less than once
20every other month, a summary report of final disciplinary
21actions taken upon disciplinary files maintained by the
22Medical Disciplinary Board. The summary reports shall be made
23available to the public upon request and payment of the fees
24set by the Department. This publication may be made available
25to the public on the Department's website. Information or
26documentation relating to any disciplinary file that is closed

 

 

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1without disciplinary action taken shall not be disclosed and
2shall be afforded the same status as is provided by Part 21 of
3Article VIII of the Code of Civil Procedure.
4    (G) Any violation of this Section shall be a Class A
5misdemeanor.
6    (H) If any such person violates the provisions of this
7Section an action may be brought in the name of the People of
8the State of Illinois, through the Attorney General of the
9State of Illinois, for an order enjoining such violation or
10for an order enforcing compliance with this Section. Upon
11filing of a verified petition in such court, the court may
12issue a temporary restraining order without notice or bond and
13may preliminarily or permanently enjoin such violation, and if
14it is established that such person has violated or is
15violating the injunction, the court may punish the offender
16for contempt of court. Proceedings under this paragraph shall
17be in addition to, and not in lieu of, all other remedies and
18penalties provided for by this Section.
19(Source: P.A. 98-601, eff. 12-30-13; 99-143, eff. 7-27-15.)
 
20    (225 ILCS 60/24)  (from Ch. 111, par. 4400-24)
21    (Section scheduled to be repealed on January 1, 2022)
22    Sec. 24. Report of violations; medical associations.
23    (a) Any physician licensed under this Act, the Illinois
24State Medical Society, the Illinois Association of Osteopathic
25Physicians and Surgeons, the Illinois Chiropractic Society,

 

 

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1the Illinois Prairie State Chiropractic Association, or any
2component societies of any of these 4 groups, and any other
3person, may report to the Medical Disciplinary Board any
4information the physician, association, society, or person may
5have that appears to show that a physician is or may be in
6violation of any of the provisions of Section 22 of this Act.
7    (b) The Department may enter into agreements with the
8Illinois State Medical Society, the Illinois Association of
9Osteopathic Physicians and Surgeons, the Illinois Prairie
10State Chiropractic Association, or the Illinois Chiropractic
11Society to allow these organizations to assist the Medical
12Disciplinary Board in the review of alleged violations of this
13Act. Subject to the approval of the Department, any
14organization party to such an agreement may subcontract with
15other individuals or organizations to assist in review.
16    (c) Any physician, association, society, or person
17participating in good faith in the making of a report under
18this Act or participating in or assisting with an
19investigation or review under this Act shall have immunity
20from any civil, criminal, or other liability that might result
21by reason of those actions.
22    (d) The medical information in the custody of an entity
23under contract with the Department participating in an
24investigation or review shall be privileged and confidential
25to the same extent as are information and reports under the
26provisions of Part 21 of Article VIII of the Code of Civil

 

 

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1Procedure.
2    (e) Upon request by the Department after a mandatory
3report has been filed with the Department, an attorney for any
4party seeking to recover damages for injuries or death by
5reason of medical, hospital, or other healing art malpractice
6shall provide patient records related to the physician
7involved in the disciplinary proceeding to the Department
8within 30 days of the Department's request for use by the
9Department in any disciplinary matter under this Act. An
10attorney who provides patient records to the Department in
11accordance with this requirement shall not be deemed to have
12violated any attorney-client privilege. Notwithstanding any
13other provision of law, consent by a patient shall not be
14required for the provision of patient records in accordance
15with this requirement.
16    (f) For the purpose of any civil or criminal proceedings,
17the good faith of any physician, association, society or
18person shall be presumed.
19(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
 
20    (225 ILCS 60/25)  (from Ch. 111, par. 4400-25)
21    (Section scheduled to be repealed on January 1, 2022)
22    Sec. 25. The Secretary of the Department may, upon receipt
23of a written communication from the Secretary of Human
24Services, the Director of Healthcare and Family Services
25(formerly Director of Public Aid), or the Director of Public

 

 

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1Health that continuation of practice of a person licensed
2under this Act constitutes an immediate danger to the public,
3and after consultation with the Chief Medical Coordinator or
4Deputy Medical Coordinator, immediately suspend the license of
5such person without a hearing. In instances in which the
6Secretary immediately suspends a license under this Section, a
7hearing upon such person's license must be convened by the
8Medical Disciplinary Board within 15 days after such
9suspension and completed without appreciable delay. Such
10hearing is to be held to determine whether to recommend to the
11Secretary that the person's license be revoked, suspended,
12placed on probationary status or reinstated, or whether such
13person should be subject to other disciplinary action. In the
14hearing, the written communication and any other evidence
15submitted therewith may be introduced as evidence against such
16person; provided however, the person, or their counsel, shall
17have the opportunity to discredit, impeach and submit evidence
18rebutting such evidence.
19(Source: P.A. 97-622, eff. 11-23-11.)
 
20    (225 ILCS 60/35)  (from Ch. 111, par. 4400-35)
21    (Section scheduled to be repealed on January 1, 2022)
22    Sec. 35. The Secretary shall have the authority to appoint
23an attorney duly licensed to practice law in the State of
24Illinois to serve as the hearing officer in any action to
25suspend, revoke, place on probationary status, or take any

 

 

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1other disciplinary action with regard to a license. The
2hearing officer shall have full authority to conduct the
3hearing. The hearing officer shall report his findings and
4recommendations to the Medical Disciplinary Board or Licensing
5Board within 30 days of the receipt of the record. The Medical
6Disciplinary Board or Licensing Board shall have 60 days from
7receipt of the report to review the report of the hearing
8officer and present their findings of fact, conclusions of law
9and recommendations to the Secretary.
10(Source: P.A. 100-429, eff. 8-25-17.)
 
11    (225 ILCS 60/36)  (from Ch. 111, par. 4400-36)
12    (Section scheduled to be repealed on January 1, 2022)
13    Sec. 36. Investigation; notice.
14    (a) Upon the motion of either the Department or the
15Medical Disciplinary Board or upon the verified complaint in
16writing of any person setting forth facts which, if proven,
17would constitute grounds for suspension or revocation under
18Section 22 of this Act, the Department shall investigate the
19actions of any person, so accused, who holds or represents
20that he or she holds a license. Such person is hereinafter
21called the accused.
22    (b) The Department shall, before suspending, revoking,
23placing on probationary status, or taking any other
24disciplinary action as the Department may deem proper with
25regard to any license at least 30 days prior to the date set

 

 

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1for the hearing, notify the accused in writing of any charges
2made and the time and place for a hearing of the charges before
3the Medical Disciplinary Board, direct him or her to file his
4or her written answer thereto to the Medical Disciplinary
5Board under oath within 20 days after the service on him or her
6of such notice and inform him or her that if he or she fails to
7file such answer default will be taken against him or her and
8his or her license may be suspended, revoked, placed on
9probationary status, or have other disciplinary action,
10including limiting the scope, nature or extent of his or her
11practice, as the Department may deem proper taken with regard
12thereto. The Department shall, at least 14 days prior to the
13date set for the hearing, notify in writing any person who
14filed a complaint against the accused of the time and place for
15the hearing of the charges against the accused before the
16Medical Disciplinary Board and inform such person whether he
17or she may provide testimony at the hearing.
18    (c) (Blank).
19    (d) Such written notice and any notice in such proceedings
20thereafter may be served by personal delivery, email to the
21respondent's email address of record, or mail to the
22respondent's address of record.
23    (e) All information gathered by the Department during its
24investigation including information subpoenaed under Section
2523 or 38 of this Act and the investigative file shall be kept
26for the confidential use of the Secretary, the Medical

 

 

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1Disciplinary Board, the Medical Coordinators, persons employed
2by contract to advise the Medical Coordinator or the
3Department, the Medical Disciplinary Board's attorneys, the
4medical investigative staff, and authorized clerical staff, as
5provided in this Act and shall be afforded the same status as
6is provided information concerning medical studies in Part 21
7of Article VIII of the Code of Civil Procedure, except that the
8Department may disclose information and documents to a
9federal, State, or local law enforcement agency pursuant to a
10subpoena in an ongoing criminal investigation to a health care
11licensing body of this State or another state or jurisdiction
12pursuant to an official request made by that licensing body.
13Furthermore, information and documents disclosed to a federal,
14State, or local law enforcement agency may be used by that
15agency only for the investigation and prosecution of a
16criminal offense or, in the case of disclosure to a health care
17licensing body, only for investigations and disciplinary
18action proceedings with regard to a license issued by that
19licensing body.
20(Source: P.A. 101-13, eff. 6-12-19; 101-316, eff. 8-9-19;
21revised 9-20-19.)
 
22    (225 ILCS 60/37)  (from Ch. 111, par. 4400-37)
23    (Section scheduled to be repealed on January 1, 2022)
24    Sec. 37. Disciplinary actions.
25    (a) At the time and place fixed in the notice, the Medical

 

 

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1Disciplinary Board provided for in this Act shall proceed to
2hear the charges, and the accused person shall be accorded
3ample opportunity to present in person, or by counsel, such
4statements, testimony, evidence and argument as may be
5pertinent to the charges or to any defense thereto. The
6Medical Disciplinary Board may continue such hearing from time
7to time. If the Medical Disciplinary Board is not sitting at
8the time and place fixed in the notice or at the time and place
9to which the hearing has been continued, the Department shall
10continue such hearing for a period not to exceed 30 days.
11    (b) In case the accused person, after receiving notice,
12fails to file an answer, their license may, in the discretion
13of the Secretary, having received first the recommendation of
14the Medical Disciplinary Board, be suspended, revoked or
15placed on probationary status, or the Secretary may take
16whatever disciplinary action as he or she may deem proper,
17including limiting the scope, nature, or extent of said
18person's practice, without a hearing, if the act or acts
19charged constitute sufficient grounds for such action under
20this Act.
21    (c) The Medical Disciplinary Board has the authority to
22recommend to the Secretary that probation be granted or that
23other disciplinary or non-disciplinary action, including the
24limitation of the scope, nature or extent of a person's
25practice, be taken as it deems proper. If disciplinary or
26non-disciplinary action, other than suspension or revocation,

 

 

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1is taken the Medical Disciplinary Board may recommend that the
2Secretary impose reasonable limitations and requirements upon
3the accused registrant to ensure insure compliance with the
4terms of the probation or other disciplinary action including,
5but not limited to, regular reporting by the accused to the
6Department of their actions, placing themselves under the care
7of a qualified physician for treatment, or limiting their
8practice in such manner as the Secretary may require.
9    (d) The Secretary, after consultation with the Chief
10Medical Coordinator or Deputy Medical Coordinator, may
11temporarily suspend the license of a physician without a
12hearing, simultaneously with the institution of proceedings
13for a hearing provided under this Section if the Secretary
14finds that evidence in his or her possession indicates that a
15physician's continuation in practice would constitute an
16immediate danger to the public. In the event that the
17Secretary suspends, temporarily, the license of a physician
18without a hearing, a hearing by the Medical Disciplinary Board
19shall be held within 15 days after such suspension has
20occurred and shall be concluded without appreciable delay.
21(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
 
22    (225 ILCS 60/38)  (from Ch. 111, par. 4400-38)
23    (Section scheduled to be repealed on January 1, 2022)
24    Sec. 38. Subpoena; oaths.
25    (a) The Medical Disciplinary Board or Department has power

 

 

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1to subpoena and bring before it any person in this State and to
2take testimony either orally or by deposition, or both, with
3the same fees and mileage and in the same manner as is
4prescribed by law for judicial procedure in civil cases.
5    (b) The Medical Disciplinary Board or Department, upon a
6determination that probable cause exists that a violation of
7one or more of the grounds for discipline listed in Section 22
8has occurred or is occurring, may subpoena the medical and
9hospital records of individual patients of physicians licensed
10under this Act, provided, that prior to the submission of such
11records to the Medical Disciplinary Board, all information
12indicating the identity of the patient shall be removed and
13deleted. Notwithstanding the foregoing, the Medical
14Disciplinary Board and Department shall possess the power to
15subpoena copies of hospital or medical records in mandatory
16report cases under Section 23 alleging death or permanent
17bodily injury when consent to obtain records is not provided
18by a patient or legal representative. Prior to submission of
19the records to the Medical Disciplinary Board, all information
20indicating the identity of the patient shall be removed and
21deleted. All medical records and other information received
22pursuant to subpoena shall be confidential and shall be
23afforded the same status as is proved information concerning
24medical studies in Part 21 of Article VIII of the Code of Civil
25Procedure. The use of such records shall be restricted to
26members of the Medical Disciplinary Board, the medical

 

 

10200HB0806sam001- 101 -LRB102 02614 SPS 26970 a

1coordinators, and appropriate staff of the Department
2designated by the Medical Disciplinary Board for the purpose
3of determining the existence of one or more grounds for
4discipline of the physician as provided for by Section 22 of
5this Act. Any such review of individual patients' records
6shall be conducted by the Medical Disciplinary Board in strict
7confidentiality, provided that such patient records shall be
8admissible in a disciplinary hearing, before the Medical
9Disciplinary Board, when necessary to substantiate the grounds
10for discipline alleged against the physician licensed under
11this Act, and provided further, that nothing herein shall be
12deemed to supersede the provisions of Part 21 of Article VIII
13of the "Code of Civil Procedure", as now or hereafter amended,
14to the extent applicable.
15    (c) The Secretary, hearing officer, and any member of the
16Medical Disciplinary Board each have power to administer oaths
17at any hearing which the Medical Disciplinary Board or
18Department is authorized by law to conduct.
19    (d) The Medical Disciplinary Board, upon a determination
20that probable cause exists that a violation of one or more of
21the grounds for discipline listed in Section 22 has occurred
22or is occurring on the business premises of a physician
23licensed under this Act, may issue an order authorizing an
24appropriately qualified investigator employed by the
25Department to enter upon the business premises with due
26consideration for patient care of the subject of the

 

 

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1investigation so as to inspect the physical premises and
2equipment and furnishings therein. No such order shall include
3the right of inspection of business, medical, or personnel
4records located on the premises. For purposes of this Section,
5"business premises" is defined as the office or offices where
6the physician conducts the practice of medicine. Any such
7order shall expire and become void five business days after
8its issuance by the Medical Disciplinary Board. The execution
9of any such order shall be valid only during the normal
10business hours of the facility or office to be inspected.
11(Source: P.A. 101-316, eff. 8-9-19.)
 
12    (225 ILCS 60/39)  (from Ch. 111, par. 4400-39)
13    (Section scheduled to be repealed on January 1, 2022)
14    Sec. 39. Certified shorthand reporter; record. The
15Department, at its expense, shall provide a certified
16shorthand reporter to take down the testimony and preserve a
17record of all proceedings at the hearing of any case wherein a
18license may be revoked, suspended, placed on probationary
19status, or other disciplinary action taken with regard thereto
20in accordance with Section 2105-115 of the Department of
21Professional Regulation Law of the Civil Administrative Code
22of Illinois. The notice of hearing, complaint and all other
23documents in the nature of pleadings and written motions filed
24in the proceedings, the transcript of testimony, the report of
25the hearing officer, exhibits, the report of the Medical

 

 

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1Board, and the orders of the Department constitute the record
2of the proceedings.
3(Source: P.A. 100-429, eff. 8-25-17; 101-316, eff. 8-9-19.)
 
4    (225 ILCS 60/40)  (from Ch. 111, par. 4400-40)
5    (Section scheduled to be repealed on January 1, 2022)
6    Sec. 40. Findings and recommendations; rehearing.
7    (a) The Medical Disciplinary Board shall present to the
8Secretary a written report of its findings and
9recommendations. A copy of such report shall be served upon
10the accused person, either personally or by mail or email.
11Within 20 days after such service, the accused person may
12present to the Department his or her motion, in writing, for a
13rehearing, which written motion shall specify the particular
14ground therefor. If the accused person orders and pays for a
15transcript of the record as provided in Section 39, the time
16elapsing thereafter and before such transcript is ready for
17delivery to them shall not be counted as part of such 20 days.
18    (b) At the expiration of the time allowed for filing a
19motion for rehearing, the Secretary may take the action
20recommended by the Medical Disciplinary Board. Upon the
21suspension, revocation, placement on probationary status, or
22the taking of any other disciplinary action, including the
23limiting of the scope, nature, or extent of one's practice,
24deemed proper by the Department, with regard to the license or
25permit, the accused shall surrender his or her license or

 

 

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1permit to the Department, if ordered to do so by the
2Department, and upon his or her failure or refusal so to do,
3the Department may seize the same.
4    (c) Each order of revocation, suspension, or other
5disciplinary action shall contain a brief, concise statement
6of the ground or grounds upon which the Department's action is
7based, as well as the specific terms and conditions of such
8action. This document shall be retained as a permanent record
9by the Department Disciplinary Board and the Secretary.
10    (d) (Blank). The Department shall at least annually
11publish a list of the names of all persons disciplined under
12this Act in the preceding 12 months. Such lists shall be
13available by the Department on its website.
14    (e) In those instances where an order of revocation,
15suspension, or other disciplinary action has been rendered by
16virtue of a physician's physical illness, including, but not
17limited to, deterioration through the aging process, or loss
18of motor skill which results in a physician's inability to
19practice medicine with reasonable judgment, skill, or safety,
20the Department shall only permit this document, and the record
21of the hearing incident thereto, to be observed, inspected,
22viewed, or copied pursuant to court order.
23(Source: P.A. 101-316, eff. 8-9-19.)
 
24    (225 ILCS 60/41)  (from Ch. 111, par. 4400-41)
25    (Section scheduled to be repealed on January 1, 2022)

 

 

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1    Sec. 41. Administrative review; certification of record.
2    (a) All final administrative decisions of the Department
3are subject to judicial review pursuant to the Administrative
4Review Law and its rules. The term "administrative decision"
5is defined as in Section 3-101 of the Code of Civil Procedure.
6    (b) Proceedings for judicial review shall be commenced in
7the circuit court of the county in which the party applying for
8review resides; but if the party is not a resident of this
9State, the venue shall be in Sangamon County.
10    (c) The Department shall not be required to certify any
11record to the court, to file an answer in court, or to
12otherwise appear in any court in a judicial review proceeding
13unless and until the Department has received from the
14plaintiff payment of the costs of furnishing and certifying
15the record, which costs shall be determined by the Department.
16Exhibits shall be certified without cost. Failure on the part
17of the plaintiff to file a receipt in court shall be grounds
18for dismissal of the action. During the pendency and hearing
19of any and all judicial proceedings incident to the
20disciplinary action the sanctions imposed upon the accused by
21the Department because of acts or omissions related to the
22delivery of direct patient care as specified in the
23Department's final administrative decision, shall as a matter
24of public policy remain in full force and effect in order to
25protect the public pending final resolution of any of the
26proceedings.

 

 

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1(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
 
2    (225 ILCS 60/42)  (from Ch. 111, par. 4400-42)
3    (Section scheduled to be repealed on January 1, 2022)
4    Sec. 42. An order of revocation, suspension, placing the
5license on probationary status, or other formal disciplinary
6action as the Department may deem proper, or a certified copy
7thereof, over the seal of the Department and purporting to be
8signed by the Secretary, is prima facie proof that:
9        (a) Such signature is the genuine signature of the
10    Secretary;
11        (b) The Secretary is duly appointed and qualified; and
12        (c) The Medical Disciplinary Board and the members
13    thereof are qualified.
14    Such proof may be rebutted.
15(Source: P.A. 97-622, eff. 11-23-11.)
 
16    (225 ILCS 60/44)  (from Ch. 111, par. 4400-44)
17    (Section scheduled to be repealed on January 1, 2022)
18    Sec. 44. None of the disciplinary functions, powers and
19duties enumerated in this Act shall be exercised by the
20Department except upon the action and report in writing of the
21Medical Disciplinary Board.
22    In all instances, under this Act, in which the Medical
23Disciplinary Board has rendered a recommendation to the
24Secretary with respect to a particular physician, the

 

 

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1Secretary may take action contrary to the recommendation of
2the Medical Board. In shall, in the event that the Secretary he
3or she disagrees with or takes action contrary to the
4recommendation of the Medical Disciplinary Board, file with
5the Medical Disciplinary Board his or her specific written
6reasons of disagreement with the Medical Disciplinary Board.
7Such reasons shall be filed within 30 days of the occurrence of
8the Secretary's contrary position having been taken.
9    The action and report in writing of a majority of the
10Medical Disciplinary Board designated is sufficient authority
11upon which the Secretary may act.
12    Whenever the Secretary is satisfied that substantial
13justice has not been done either in an examination, or in a
14formal disciplinary action, or refusal to restore a license,
15he or she may order a reexamination or rehearing by the same or
16other examiners.
17(Source: P.A. 97-622, eff. 11-23-11.)
 
18    (225 ILCS 60/47)  (from Ch. 111, par. 4400-47)
19    (Section scheduled to be repealed on January 1, 2022)
20    Sec. 47. Administrative Procedure Act. The Illinois
21Administrative Procedure Act is hereby expressly adopted and
22incorporated herein as if all of the provisions of that Act
23were included in this Act, except that the provision of
24subsection (d) of Section 10-65 of the Illinois Administrative
25Procedure Act that provides that at hearings the licensee has

 

 

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1the right to show compliance with all lawful requirements for
2retention, continuation or renewal of the license is
3specifically excluded. For the purposes of this Act the notice
4required under Section 10-25 of the Illinois Administrative
5Procedure Act is deemed sufficient when mailed or emailed to
6the address of record of a party.
7(Source: P.A. 97-622, eff. 11-23-11.)
 
8    Section 25. The Boxing and Full-contact Martial Arts Act
9is amended by changing Sections 1, 2, 5, 6, 7, 8, 10, 11, 12,
1013, 15, 16, 17, 17.7, 17.8, 17.9, 18, 19, 19.1, 19.5, 20, 21,
1122, 23, 23.1, 24, 24.5, and 25.1 and by adding Sections 1.4 and
122.5 as follows:
 
13    (225 ILCS 105/1)  (from Ch. 111, par. 5001)
14    (Section scheduled to be repealed on January 1, 2022)
15    Sec. 1. Short title and definitions.
16    (a) This Act may be cited as the Boxing and Full-contact
17Martial Arts Act.
18    (b) As used in this Act:
19        "Department" means the Department of Financial and
20    Professional Regulation.
21        "Secretary" means the Secretary of Financial and
22    Professional Regulation or a person authorized by the
23    Secretary to act in the Secretary's stead.
24        "Board" means the State of Illinois Athletic Board

 

 

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1    established pursuant to this Act.
2        "License" means the license issued for promoters,
3    professionals, amateurs, or officials in accordance with
4    this Act.
5        "Contest Professional contest" means a boxing or
6    full-contact martial arts competition in which all of the
7    participants competing against one another are
8    professionals or amateurs and where the public is able to
9    attend or a fee is charged.
10        "Permit" means the authorization from the Department
11    to a promoter to conduct professional or amateur contests,
12    or a combination of both.
13        "Promoter" means a person who is licensed and who
14    holds a permit to conduct professional or amateur
15    contests, or a combination of both.
16        Unless the context indicates otherwise, "person"
17    includes, but is not limited to, an individual,
18    association, organization, business entity, gymnasium, or
19    club.
20        "Judge" means a person licensed by the Department who
21    is located at ringside or adjacent to the fighting area
22    during a professional contest and who has the
23    responsibility of scoring the performance of the
24    participants in that professional or amateur contest.
25        "Referee" means a person licensed by the Department
26    who has the general supervision of and is present inside

 

 

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1    of the ring or fighting area during a professional or
2    amateur contest.
3        "Amateur" means a person licensed registered by the
4    Department who is not competing for, and has never
5    received or competed for, any purse or other article of
6    value, directly or indirectly, either for participating in
7    any contest or for the expenses of training therefor,
8    other than a non-monetary prize that does not exceed $50
9    in value.
10        "Professional" means a person licensed by the
11    Department who competes for a money prize, purse, or other
12    type of compensation in a professional contest held in
13    Illinois.
14        "Second" means a person licensed by the Department who
15    is present at any professional or amateur contest to
16    provide assistance or advice to a professional during the
17    contest.
18        "Matchmaker" means a person licensed by the Department
19    who brings together professionals or amateurs to compete
20    in contests.
21        "Manager" means a person licensed by the Department
22    who is not a promoter and who, under contract, agreement,
23    or other arrangement, undertakes to, directly or
24    indirectly, control or administer the affairs of
25    contestants professionals.
26        "Timekeeper" means a person licensed by the Department

 

 

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1    who is the official timer of the length of rounds and the
2    intervals between the rounds.
3        "Purse" means the financial guarantee or any other
4    remuneration for which contestants are participating in a
5    professional contest.
6        "Physician" means a person licensed to practice
7    medicine in all its branches under the Medical Practice
8    Act of 1987.
9        "Martial arts" means a discipline or combination of
10    different disciplines that utilizes sparring techniques
11    without the intent to injure, disable, or incapacitate
12    one's opponent, such as, but not limited to, Karate, Kung
13    Fu, Judo, Jujutsu, and Tae Kwon Do, and Kyuki-Do.
14        "Full-contact martial arts" means the use of a
15    singular discipline or a combination of techniques from
16    different disciplines of the martial arts, including,
17    without limitation, full-force grappling, kicking, and
18    striking with the intent to injure, disable, or
19    incapacitate one's opponent.
20        "Amateur contest" means a boxing or full-contact
21    martial arts competition in which all of the participants
22    competing against one another are amateurs and where the
23    public is able to attend or a fee is charged.
24        "Contestant" means a person who competes in either a
25    boxing or full-contact martial arts contest.
26        "Address of record" means the designated address

 

 

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1    recorded by the Department in the applicant's or
2    licensee's application file or , license file, or
3    registration file as maintained by the Department's
4    licensure maintenance unit. It is the duty of the
5    applicant or licensee to inform the Department of any
6    change of address and those changes must be made either
7    through the Department's website or by contacting the
8    Department.
9        "Bout" means one match between 2 contestants.
10        "Sanctioning body" means an organization approved by
11    the Department under the requirements and standards stated
12    in this Act and the rules adopted under this Act to act as
13    a governing body that sanctions professional or amateur
14    full-contact martial arts contests.
15        "Email address of record" means the designated email
16    address recorded by the Department in the applicant's
17    application file or the licensee's license file as
18    maintained by the Department's licensure maintenance unit.
19(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11;
2097-1123, eff. 8-27-12.)
 
21    (225 ILCS 105/1.4 new)
22    Sec. 1.4. Address of record; email address of record. All
23applicants and licensees shall:
24        (1) provide a valid address and email address to the
25    Department, which shall serve as the address of record and

 

 

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1    email address of record, respectively, at the time of
2    application for licensure or renewal of a license; and
3        (2) inform the Department of any change of address of
4    record or email address of record within 14 days after
5    such change either through the Department's website or by
6    contacting the Department's licensure maintenance unit.
 
7    (225 ILCS 105/2)  (from Ch. 111, par. 5002)
8    (Section scheduled to be repealed on January 1, 2022)
9    Sec. 2. State of Illinois Athletic Board.
10    (a) The Secretary shall appoint members to the State of
11Illinois Athletic Board. The Board shall consist of 7 members
12who shall serve in an advisory capacity to the Secretary.
13There is created the State of Illinois Athletic Board
14consisting of 6 persons who shall be appointed by and shall
15serve in an advisory capacity to the Secretary, and the State
16Professional Boxing Board shall be disbanded. One member of
17the Board shall be a physician licensed to practice medicine
18in all of its branches. One member of the Board shall be a
19member of the full-contact martial arts community. One and one
20member of the Board shall be a member of either the
21full-contact martial arts community or the boxing community.
22The Secretary shall appoint each member to serve for a term of
233 years and until his or her successor is appointed and
24qualified. One member of the board shall be designated as the
25Chairperson and one member shall be designated as the

 

 

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1Vice-chairperson. No member shall be appointed to the Board
2for a term which would cause continuous service to be more than
39 years. Each member of the board shall receive compensation
4for each day he or she is engaged in transacting the business
5of the board and, in addition, shall be reimbursed for his or
6her authorized and approved expenses necessarily incurred in
7relation to such service in accordance with the travel
8regulations applicable to the Department at the time the
9expenses are incurred.
10    (b) Board members shall serve 5-year terms and until their
11successors are appointed and qualified.
12    (c) In appointing members to the Board, the Secretary
13shall give due consideration to recommendations by members and
14organizations of the martial arts and boxing industry.
15    (d) The membership of the Board should reasonably reflect
16representation from the geographic areas in this State.
17    (e) No member shall be appointed to the Board for a term
18that would cause his or her continuous service on the Board to
19be longer than 2 consecutive 5-year terms.
20    (f) The Secretary may terminate the appointment of any
21member for cause that in the opinion of the Secretary
22reasonably justified such termination, which may include, but
23is not limited to, a Board member who does not attend 2
24consecutive meetings.
25    (g) Appointments to fill vacancies shall be made in the
26same manner as original appointments, for the unexpired

 

 

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1portion of the vacated term.
2    (h) Four members of the Board shall constitute a quorum. A
3quorum is required for Board decisions.
4    (i) Members of the Board shall have no liability in any
5action based upon activity performed in good faith as members
6of the Board.
7    (j) Members of the Board may be reimbursed for all
8legitimate, necessary, and authorized expenses.
9    Four members shall constitute a quorum.
10    The members of the Board shall be immune from suit in any
11action based upon any disciplinary proceedings or other acts
12performed in good faith as members of the Board.
13    The Secretary may remove any member of the Board for
14misconduct, incapacity, or neglect of duty. The Secretary
15shall reduce to writing any causes for removal.
16(Source: P.A. 97-119, eff. 7-14-11.)
 
17    (225 ILCS 105/2.5 new)
18    Sec. 2.5. Powers and duties of the Board.
19    (a) Subject to the provisions of this Act, the Board shall
20exercise the following functions, powers, and duties:
21        (1) The Board shall hold at least one meeting each
22    year.
23        (2) The Board shall elect a chairperson and a vice
24    chairperson.
25    (b) The Department may, at any time, seek the expert

 

 

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1advice and knowledge of the Board on any matter relating to the
2enforcement of this Act.
 
3    (225 ILCS 105/5)  (from Ch. 111, par. 5005)
4    (Section scheduled to be repealed on January 1, 2022)
5    Sec. 5. Powers and duties of the Department. The
6Department shall, subject to the provisions of this Act,
7exercise the following functions, powers, and duties:
8        (1) Ascertain the qualifications and fitness of
9    applicants for license and permits.
10        (2) Adopt rules required for the administration of
11    this Act.
12        (3) Conduct hearings on proceedings to refuse to
13    issue, renew, or restore licenses and revoke, suspend,
14    place on probation, or reprimand those licensed under the
15    provisions of this Act.
16        (4) Issue licenses to those who meet the
17    qualifications of this Act and its rules.
18        (5) Conduct investigations related to possible
19    violations of this Act.
20The Department shall exercise, but subject to the provisions
21of this Act, the following functions, powers, and duties: (a)
22to ascertain the qualifications and fitness of applicants for
23licenses and permits; (b) to prescribe rules and regulations
24for the administration of the Act; (c) to conduct hearings on
25proceedings to refuse to issue, refuse to renew, revoke,

 

 

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1suspend, or subject to reprimand licenses or permits under
2this Act; and (d) to revoke, suspend, or refuse issuance or
3renewal of such licenses or permits.
4(Source: P.A. 92-499, eff. 1-1-02.)
 
5    (225 ILCS 105/6)  (from Ch. 111, par. 5006)
6    (Section scheduled to be repealed on January 1, 2022)
7    Sec. 6. Restricted contests and events.
8    (a) All professional and amateur contests, or a
9combination of both, in which physical contact is made are
10prohibited in Illinois unless authorized by the Department
11pursuant to the requirements and standards stated in this Act
12and the rules adopted pursuant to this Act. This subsection
13(a) does not apply to any of the following:
14        (1) Amateur boxing or full-contact martial arts
15    contests conducted by accredited secondary schools,
16    colleges, or universities, although a fee may be charged.
17        (2) Amateur boxing contests that are sanctioned by USA
18    Boxing or any other sanctioning organization approved by
19    the Department as determined by rule Association of Boxing
20    Commissions.
21        (3) Amateur boxing or full-contact martial arts
22    contests conducted by a State, county, or municipal
23    entity, including those events held by any agency
24    organized under these entities.
25        (4) Amateur martial arts contests that are not defined

 

 

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1    as full-contact martial arts contests under this Act,
2    including, but not limited to, Karate, Kung Fu, Judo,
3    Jujutsu, Tae Kwon Do, and Kyuki-Do.
4        (5) Full-contact martial arts contests, as defined by
5    this Act, that are recognized by the International Olympic
6    Committee or are contested in the Olympic Games and are
7    not conducted in an enclosed fighting area or ring.
8    No other amateur boxing or full-contact martial arts
9contests shall be permitted unless authorized by the
10Department.
11    (b) The Department shall have the authority to determine
12whether a professional or amateur contest is exempt for
13purposes of this Section.
14(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11;
1597-1123, eff. 8-27-12.)
 
16    (225 ILCS 105/7)  (from Ch. 111, par. 5007)
17    (Section scheduled to be repealed on January 1, 2022)
18    Sec. 7. Authorization to conduct contests; sanctioning
19bodies.
20    (a) In order to conduct a professional contest or,
21beginning 6 months after the adoption of rules pertaining to
22an amateur contest, an amateur contest, or a combination of
23both, in this State, a promoter shall obtain a permit issued by
24the Department in accordance with this Act and the rules and
25regulations adopted pursuant thereto. This permit shall

 

 

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1authorize one or more professional or amateur contests, or a
2combination of both.
3    (b) Before January 1, 2023, amateur Amateur full-contact
4martial arts contests must be registered and sanctioned by a
5sanctioning body approved by the Department for that purpose
6under the requirements and standards stated in this Act and
7the rules adopted under this Act.
8    (c) On and after January 1, 2023, a promoter for an amateur
9full-contact martial arts contest shall obtain a permit issued
10by the Department under the requirements and standards set
11forth in this Act and the rules adopted under this Act.
12    (d) On and after January 1, 2023, the Department shall not
13approve any sanctioning body. A sanctioning body's approval by
14the Department that was received before January 1, 2023 is
15withdrawn on January 1, 2023.
16    (e) A permit issued under this Act is not transferable.
17(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11.)
 
18    (225 ILCS 105/8)  (from Ch. 111, par. 5008)
19    (Section scheduled to be repealed on January 1, 2022)
20    Sec. 8. Permits.
21    (a) A promoter who desires to obtain a permit to conduct a
22professional or amateur contest, or a combination of both,
23shall apply to the Department at least 30 calendar 20 days
24prior to the event, in writing or electronically, on forms
25prescribed furnished by the Department. The application shall

 

 

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1be accompanied by the required fee and shall contain, but not
2be limited to, the following information to be submitted at
3times specified by rule:
4        (1) the legal names and addresses of the promoter;
5        (2) the name of the matchmaker;
6        (3) the time and exact location of the professional or
7    amateur contest, or a combination of both. It is the
8    responsibility of the promoter to ensure that the building
9    to be used for the event complies with all laws,
10    ordinances, and regulations in the city, town, village, or
11    county where the contest is to be held;
12        (4) the signed and executed copy of the event venue
13    lease agreement; and proof of adequate security measures,
14    as determined by Department rule, to ensure the protection
15    of the safety of contestants and the general public while
16    attending professional or amateur contests, or a
17    combination of both;
18        (5) proof of adequate medical supervision, as
19    determined by Department rule, to ensure the protection of
20    the health and safety of professionals' or amateurs' while
21    participating in the contest;
22        (5) (6) the initial list of names of the professionals
23    or amateurs competing subject to Department approval. ;
24        (7) proof of insurance for not less than $50,000 as
25    further defined by rule for each professional or amateur
26    participating in a professional or amateur contest, or a

 

 

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1    combination of both; insurance required under this
2    paragraph (7) shall cover (i) hospital, medication,
3    physician, and other such expenses as would accrue in the
4    treatment of an injury as a result of the professional or
5    amateur contest; (ii) payment to the estate of the
6    professional or amateur in the event of his or her death as
7    a result of his or her participation in the professional
8    or amateur contest; and (iii) accidental death and
9    dismemberment; the terms of the insurance coverage must
10    not require the contestant to pay a deductible. The
11    promoter may not carry an insurance policy with a
12    deductible in an amount greater than $500 for the medical,
13    surgical, or hospital care for injuries a contestant
14    sustains while engaged in a contest, and if a licensed or
15    registered contestant pays for the medical, surgical, or
16    hospital care, the insurance proceeds must be paid to the
17    contestant or his or her beneficiaries as reimbursement
18    for such payment;
19        (8) the amount of the purses to be paid to the
20    professionals for the event; the Department shall adopt
21    rules for payment of the purses;
22        (9) organizational or internationally accepted rules,
23    per discipline, for professional or amateur full-contact
24    martial arts contests where the Department does not
25    provide the rules;
26        (10) proof of contract indicating the requisite

 

 

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1    registration and sanctioning by a Department approved
2    sanctioning body for any full-contact martial arts contest
3    with scheduled amateur bouts; and
4        (11) any other information that the Department may
5    require to determine whether a permit shall be issued.
6    (b) The Department may issue a permit to any promoter who
7meets the requirements of this Act and the rules. The permit
8shall only be issued for a specific date and location of a
9professional or amateur contest, or a combination of both, and
10shall not be transferable. The Department may allow a promoter
11to amend a permit application to hold a professional or
12amateur contest, or a combination of both, in a different
13location other than the application specifies if all
14requirements of this Section are met, waiving the 30-day
15provision of subsection (a) and may allow the promoter to
16substitute professionals or amateurs, respectively.
17    (c) The Department shall be responsible for assigning the
18judges, timekeepers, referees, and physicians, for a
19professional contest, an amateur contest, or a combination of
20both. Compensation shall be determined by the Department, and
21it shall be the responsibility of the promoter to pay the
22individuals utilized.
23    (d) The promoter shall submit the following documents to
24the Department at times specified by rule:
25        (1) proof of adequate security measures, as determined
26    by rule, to ensure the protection of the safety of

 

 

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1    contestants and the general public while attending
2    professional contests, amateur contests, or a combination
3    of both;
4        (2) proof of adequate medical supervision, as
5    determined by rule, to ensure the protection of the health
6    and safety of professionals or amateurs while
7    participating in contests;
8        (3) the complete and final list of names of the
9    professionals or amateurs competing, subject to Department
10    approval, which shall be submitted up to 48 hours prior to
11    the event date specified in the permit;
12        (4) proof of insurance for not less than $50,000 as
13    further defined by rule for each professional or amateur
14    participating in a professional or amateur contest, or a
15    combination of both; insurance required under this
16    paragraph shall cover: (i) hospital, medication,
17    physician, and other such expenses as would accrue in the
18    treatment of an injury as a result of the professional or
19    amateur contest; (ii) payment to the estate of the
20    professional or amateur in the event of his or her death as
21    a result of his or her participation in the professional
22    or amateur contest; and (iii) accidental death and
23    dismemberment; the terms of the insurance coverage shall
24    require the promoter, not the licensed contestant, to pay
25    the policy deductible for the medical, surgical, or
26    hospital care of a contestant for injuries a contestant

 

 

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1    sustained while engaged in a contest; if a licensed
2    contestant pays for the medical, surgical, or hospital
3    care, the insurance proceeds shall be paid to the
4    contestant or his or her beneficiaries as reimbursement
5    for such payment;
6        (5) the amount of the purses to be paid to the
7    professionals for the event as determined by rule;
8        (6) organizational or internationally accepted rules,
9    per discipline, for professional or amateur full-contact
10    martial arts contests if the Department does not provide
11    the rules for Department approval; and
12        (7) any other information the Department may require,
13    as determined by rule, to issue a permit.
14    (e) If the accuracy, relevance, or sufficiency of any
15submitted documentation is questioned by the Department
16because of lack of information, discrepancies, or conflicts in
17information given or a need for clarification, the promoter
18seeking a permit may be required to provide additional
19information.
20(Source: P.A. 97-119, eff. 7-14-11; 98-756, eff. 7-16-14.)
 
21    (225 ILCS 105/10)  (from Ch. 111, par. 5010)
22    (Section scheduled to be repealed on January 1, 2022)
23    Sec. 10. Who must be licensed.
24    (a) In order to participate in professional contests the
25following persons must each be licensed and in good standing

 

 

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1with the Department: (a) professionals and amateurs, (b)
2seconds, (c) referees, (d) judges, (e) managers, (f)
3matchmakers, and (g) timekeepers.
4    (b) In order to participate in professional or amateur
5contests or a combination of both, promoters must be licensed
6and in good standing with the Department.
7    (c) Announcers may participate in professional or amateur
8contests, or a combination of both, without being licensed
9under this Act. It shall be the responsibility of the promoter
10to ensure that announcers comply with the Act, and all rules
11and regulations promulgated pursuant to this Act.
12    (d) A licensed promoter may not act as, and cannot be
13licensed as, a second, professional, referee, timekeeper,
14judge, or manager. If he or she is so licensed, he or she must
15relinquish any of these licenses to the Department for
16cancellation. A person possessing a valid promoter's license
17may act as a matchmaker.
18    (e) Participants in amateur full-contact martial arts
19contests taking place before January 1, 2023 are not required
20to obtain licenses by the Department, except for promoters of
21amateur contests.
22(Source: P.A. 97-119, eff. 7-14-11.)
 
23    (225 ILCS 105/11)  (from Ch. 111, par. 5011)
24    (Section scheduled to be repealed on January 1, 2022)
25    Sec. 11. Qualifications for license. The Department shall

 

 

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1grant licenses to the following persons if the following
2qualifications are met:
3        (1) An applicant for licensure as a professional or
4    amateur must: (1) be 18 years old, (2) be of good moral
5    character, (3) file an application stating the applicant's
6    legal name (and no assumed or ring name may be used unless
7    such name is registered with the Department along with the
8    applicant's legal name), date and place of birth, place of
9    current residence, and a sworn statement that he or she is
10    not currently in violation of any federal, State or local
11    laws or rules governing boxing or full-contact martial
12    arts, (4) file a certificate from a physician licensed to
13    practice medicine in all of its branches which attests
14    that the applicant is physically fit and qualified to
15    participate in professional or amateur contests, and (5)
16    pay the required fee and meet any other requirements as
17    determined by rule. Applicants over age 35 who have not
18    competed in a professional or amateur contest within the
19    12 last 36 months preceding their application for
20    licensure or have insufficient experience to participate
21    in a professional or amateur contest may be required to
22    appear before the Department to determine their fitness to
23    participate in a professional or amateur contest. A
24    picture identification card shall be issued to all
25    professionals licensed by the Department who are residents
26    of Illinois or who are residents of any jurisdiction,

 

 

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1    state, or country that does not regulate professional
2    boxing or full-contact martial arts. The identification
3    card shall be presented to the Department or its
4    representative upon request at weigh-ins.
5        (2) An applicant for licensure as a referee, judge,
6    manager, second, matchmaker, or timekeeper must: (1) be of
7    good moral character, (2) file an application stating the
8    applicant's name, date and place of birth, and place of
9    current residence along with a certifying statement that
10    he or she is not currently in violation of any federal,
11    State, or local laws or rules governing boxing, or
12    full-contact martial arts, (3) have had satisfactory
13    experience in his or her field as defined by rule, (4) pay
14    the required fee, and (5) meet any other requirements as
15    determined by rule.
16        (3) An applicant for licensure as a promoter must: (1)
17    be of good moral character, (2) file an application with
18    the Department stating the applicant's name, date and
19    place of birth, place of current residence along with a
20    certifying statement that he or she is not currently in
21    violation of any federal, State, or local laws or rules
22    governing boxing or full-contact martial arts, (3) pay the
23    required fee and meet any other requirements as
24    established by rule, and (4) in addition to the foregoing,
25    an applicant for licensure as a promoter of professional
26    or amateur contests or a combination of both professional

 

 

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1    and amateur bouts in one contest shall also provide (i)
2    proof of a surety bond of no less than $5,000 to cover
3    financial obligations under this Act, payable to the
4    Department and conditioned for the payment of the tax
5    imposed by this Act and compliance with this Act, and the
6    rules adopted under this Act, and (ii) a financial
7    statement, prepared by a certified public accountant,
8    showing liquid working capital of $10,000 or more, or a
9    $10,000 performance bond guaranteeing payment of all
10    obligations relating to the promotional activities payable
11    to the Department and conditioned for the payment of the
12    tax imposed by this Act and its rules.
13        (4) All applicants shall submit an application to the
14    Department, in writing or electronically, on forms
15    prescribed provided by the Department, containing such
16    information as determined by rule.
17    In determining good moral character, the Department may
18take into consideration any violation of any of the provisions
19of Section 16 of this Act as to referees, judges, managers,
20matchmakers, timekeepers, or promoters and any felony
21conviction of the applicant, but such a conviction shall not
22operate as a bar to licensure. No license issued under this Act
23is transferable.
24    The Department may issue temporary licenses as provided by
25rule.
26(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11.)
 

 

 

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1    (225 ILCS 105/12)  (from Ch. 111, par. 5012)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 12. Professional or amateur contests.
4    (a) The professional or amateur contest, or a combination
5of both, shall be held in an area where adequate neurosurgical
6facilities are immediately available for skilled emergency
7treatment of an injured professional or amateur.
8    (b) Each professional or amateur shall be examined before
9the contest and promptly after each bout by a physician. The
10physician shall determine, prior to the contest, if each
11professional or amateur is physically fit to compete in the
12contest. After the bout the physician shall examine the
13professional or amateur to determine possible injury. If the
14professional's or amateur's physical condition so indicates,
15the physician shall recommend to the Department immediate
16medical suspension. The physician or a licensed paramedic must
17check the vital signs of all contestants as established by
18rule.
19    (c) The physician may, at any time during the professional
20or amateur bout, stop the professional or amateur bout to
21examine a professional or amateur contestant and may direct
22the referee to terminate the bout when, in the physician's
23opinion, continuing the bout could result in serious injury to
24the professional or amateur. If the professional's or
25amateur's physical condition so indicates, the physician shall

 

 

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1recommend to the Department immediate medical suspension. The
2physician shall certify to the condition of the professional
3or amateur in writing, over his or her signature on forms
4prescribed provided by the Department. Such reports shall be
5submitted to the Department in a timely manner.
6    (d) No professional or amateur contest, or a combination
7of both, shall be allowed to begin or be held unless at least
8one physician, at least one EMT and one paramedic, and one
9ambulance have been contracted with solely for the care of
10professionals or amateurs who are competing as defined by
11rule.
12    (e) No professional boxing bout shall be more than 12
13rounds in length. The rounds shall not be more than 3 minutes
14each with a minimum one-minute one minute interval between
15them, and no professional boxer shall be allowed to
16participate in more than one contest within a 7-day period.
17    The number and length of rounds for all other professional
18or amateur boxing or full-contact martial arts contests, or a
19combination of both, shall be determined by rule.
20    (f) The number and types of officials required for each
21professional or amateur contest, or a combination of both,
22shall be determined by rule.
23    (g) The Department or its representative shall have
24discretion to declare a price, remuneration, or purse or any
25part of it belonging to the professional withheld if in the
26judgment of the Department or its representative the

 

 

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1professional is not honestly competing.
2    (h) The Department shall have the authority to prevent a
3professional or amateur contest, or a combination of both,
4from being held and shall have the authority to stop a
5professional or amateur contest, or a combination of both, for
6noncompliance with any part of this Act or rules or when, in
7the judgment of the Department, or its representative,
8continuation of the event would endanger the health, safety,
9and welfare of the professionals or amateurs or spectators.
10The Department's authority to stop a contest on the basis that
11the professional or amateur contest, or a combination of both,
12would endanger the health, safety, and welfare of the
13professionals or amateurs or spectators shall extend to any
14professional or amateur contest, or a combination of both,
15regardless of whether that amateur contest is exempted from
16the prohibition in Section 6 of this Act. Department staff, or
17its representative, may be present at any full-contact martial
18arts contest with scheduled amateur bouts.
19    (i) A professional shall only compete against another
20professional. An amateur shall only compete against another
21amateur.
22(Source: P.A. 97-119, eff. 7-14-11; 98-973, eff. 8-15-14.)
 
23    (225 ILCS 105/13)  (from Ch. 111, par. 5013)
24    (Section scheduled to be repealed on January 1, 2022)
25    Sec. 13. Tickets; tax. Tickets to professional or amateur

 

 

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1contests, or a combination of both, shall be printed in such
2form as the Department shall prescribe. A certified inventory
3of all tickets printed for any professional or amateur
4contest, or a combination of both, shall be mailed to the
5Department by the promoter not less than 7 days before the
6contest. The total number of tickets sold printed shall not
7exceed the total seating capacity of the premises in which the
8professional or amateur contest, or a combination of both, is
9to be held. No tickets of admission to any professional or
10amateur contest, or a combination of both, shall be sold
11except those declared on an official ticket inventory as
12described in this Section.
13    A promoter who conducts a professional contest, an amateur
14contest, or a combination of both a professional and amateur
15contest under this Act shall, within 7 business days 24 hours
16after such a contest:
17        (1) furnish to the Department a written or electronic
18    report verified by the promoter or his or her authorized
19    designee showing the number of tickets sold for such a
20    contest or the actual ticket stubs of tickets sold and the
21    amount of the gross proceeds thereof; and
22        (2) pay to the Department a tax of 5% of gross receipts
23    from the sale of admission tickets, not to exceed $75,000
24    $52,500, to be collected by the Department and placed in
25    the General Professions Dedicated Athletics Supervision
26    and Regulation Fund, a special fund created in the State

 

 

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1    Treasury to be administered by the Department.
2    Moneys in the General Professions Dedicated Athletics
3Supervision and Regulation Fund shall be used by the
4Department, subject to appropriation, for expenses incurred in
5administering this Act. Moneys in the Fund may be transferred
6to the Professions Indirect Cost Fund, as authorized under
7Section 2105-300 of the Department of Professional Regulation
8Law.
9    In addition to the payment of any other taxes and money due
10under this Section, every promoter of a professional or a
11combination of a professional and amateur contest shall pay to
12the Department 3% of the first $500,000 and 4% thereafter,
13which shall not exceed $50,000 $35,000 in total from the total
14gross receipts from the sale, lease, or other exploitation of
15broadcasting, including, but not limited to, Internet, cable,
16television, and motion picture rights for that professional
17contest, amateur contest, or professional and amateur
18combination of both, contest or exhibition without any
19deductions for commissions, brokerage fees, distribution fees,
20advertising, professional contestants' purses, or any other
21expenses or charges. These fees shall be paid to the
22Department within 7 business days 72 hours after the
23conclusion of the broadcast of the contest and placed in the
24General Professions Dedicated Athletics Supervision and
25Regulation Fund.
26(Source: P.A. 97-119, eff. 7-14-11; 97-813, eff. 7-13-12.)
 

 

 

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1    (225 ILCS 105/15)  (from Ch. 111, par. 5015)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 15. Inspectors. The Secretary may appoint inspectors
4to assist the Department staff in the administration of the
5Act. Each inspector appointed by the Secretary shall receive
6compensation for each day he or she is engaged in the
7transacting of business of the Department. Each inspector
8shall carry a card issued by the Department to authorize him or
9her to act in such capacity. The inspector or inspectors shall
10supervise each professional contest, amateur contest, or
11combination of both and, at the Department's discretion, may
12supervise any contest to ensure that the provisions of the Act
13are strictly enforced.
14(Source: P.A. 97-119, eff. 7-14-11.)
 
15    (225 ILCS 105/16)  (from Ch. 111, par. 5016)
16    (Section scheduled to be repealed on January 1, 2022)
17    Sec. 16. Discipline and sanctions.
18    (a) The Department may refuse to issue a permit or ,
19license, or registration, refuse to renew, suspend, revoke,
20reprimand, place on probation, or take such other disciplinary
21or non-disciplinary action as the Department may deem proper,
22including the imposition of fines not to exceed $10,000 for
23each violation, with regard to any permit or , license, or
24registration for one or any combination of the following

 

 

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1reasons:
2        (1) gambling, betting, or wagering on the result of or
3    a contingency connected with a professional or amateur
4    contest, or a combination of both, or permitting such
5    activity to take place;
6        (2) participating in or permitting a sham or fake
7    professional or amateur contest, or a combination of both;
8        (3) holding the professional or amateur contest, or a
9    combination of both, at any other time or place than is
10    stated on the permit application;
11        (4) permitting any professional or amateur other than
12    those stated on the permit application to participate in a
13    professional or amateur contest, or a combination of both,
14    except as provided in Section 9;
15        (5) violation or aiding in the violation of any of the
16    provisions of this Act or any rules or regulations
17    promulgated thereto;
18        (6) violation of any federal, State or local laws of
19    the United States or other jurisdiction governing
20    professional or amateur contests or any regulation
21    promulgated pursuant thereto;
22        (7) charging a greater rate or rates of admission than
23    is specified on the permit application;
24        (8) failure to obtain all the necessary permits,
25    registrations, or licenses as required under this Act;
26        (9) failure to file the necessary bond or to pay the

 

 

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1    gross receipts or broadcast tax as required by this Act;
2        (10) engaging in dishonorable, unethical or
3    unprofessional conduct of a character likely to deceive,
4    defraud or harm the public, or which is detrimental to
5    honestly conducted contests;
6        (11) employment of fraud, deception or any unlawful
7    means in applying for or securing a permit or license
8    under this Act;
9        (12) permitting a physician making the physical
10    examination to knowingly certify falsely to the physical
11    condition of a professional or amateur;
12        (13) permitting professionals or amateurs of widely
13    disparate weights or abilities to engage in professional
14    or amateur contests, respectively;
15        (14) participating in a professional contest as a
16    professional while under medical suspension in this State
17    or in any other state, territory or country;
18        (15) physical illness, including, but not limited to,
19    deterioration through the aging process, or loss of motor
20    skills which results in the inability to participate in
21    contests with reasonable judgment, skill, or safety;
22        (16) allowing one's license or permit issued under
23    this Act to be used by another person;
24        (17) failing, within a reasonable time, to provide any
25    information requested by the Department as a result of a
26    formal or informal complaint;

 

 

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1        (18) professional incompetence;
2        (19) failure to file a return, or to pay the tax,
3    penalty or interest shown in a filed return, or to pay any
4    final assessment of tax, penalty or interest, as required
5    by any tax Act administered by the Illinois Department of
6    Revenue, until such time as the requirements of any such
7    tax Act are satisfied;
8        (20) (blank);
9        (21) habitual or excessive use or addiction to
10    alcohol, narcotics, stimulants, or any other chemical
11    agent or drug that results in an inability to participate
12    in an event;
13        (22) failure to stop a professional or amateur
14    contest, or a combination of both, when requested to do so
15    by the Department;
16        (23) failure of a promoter to adequately supervise and
17    enforce this Act and its rules as applicable to amateur
18    contests, as set forth in rule; or
19        (24) a finding by the Department that the licensee,
20    after having his or her license placed on probationary
21    status, has violated the terms of probation.
22    (b) The determination by a circuit court that a licensee
23is subject to involuntary admission or judicial admission as
24provided in the Mental Health and Developmental Disabilities
25Code operates as an automatic suspension. The suspension will
26end only upon a finding by a court that the licensee is no

 

 

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1longer subject to involuntary admission or judicial admission,
2issuance of an order so finding and discharging the licensee.
3    (c) In enforcing this Section, the Department, upon a
4showing of a possible violation, may compel any individual
5licensed to practice under this Act, or who has applied for
6licensure pursuant to this Act, to submit to a mental or
7physical examination, or both, as required by and at the
8expense of the Department. The examining physicians or
9clinical psychologists shall be those specifically designated
10by the Department. The Department may order the examining
11physician or clinical psychologist to present testimony
12concerning this mental or physical examination of the licensee
13or applicant. No information shall be excluded by reason of
14any common law or statutory privilege relating to
15communications between the licensee or applicant and the
16examining physician or clinical psychologist. Eye examinations
17may be provided by a physician licensed to practice medicine
18in all of its branches or a licensed and certified therapeutic
19optometrist. The individual to be examined may have, at his or
20her own expense, another physician of his or her choice
21present during all aspects of the examination. Failure of any
22individual to submit to a mental or physical examination, when
23directed, shall be grounds for suspension or revocation of a
24license.
25    (d) A contestant who tests positive for a banned
26substance, as defined by rule, shall have his or her license

 

 

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1immediately suspended. The license shall be subject to other
2discipline as authorized in this Section.
3(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11.)
 
4    (225 ILCS 105/17)  (from Ch. 111, par. 5017)
5    (Section scheduled to be repealed on January 1, 2022)
6    Sec. 17. Administrative Procedure Act. The Illinois
7Administrative Procedure Act is hereby expressly adopted and
8incorporated herein as if all of the provisions of that Act
9were included in this Act. The Department shall not be
10required to annually verify email addresses as specified in
11paragraph (2) subsection (a) of Section 10-75 of the Illinois
12Administrative Procedure Act. For the purposes of this Act the
13notice required under Section 10-25 of the Illinois
14Administrative Procedure Act is deemed sufficient when mailed
15to the last known address of record or emailed to the email
16address of record a party.
17(Source: P.A. 88-45.)
 
18    (225 ILCS 105/17.7)
19    (Section scheduled to be repealed on January 1, 2022)
20    Sec. 17.7. Restoration of license from discipline.
21    (a) At any time after the successful completion of a term
22of indefinite probation, suspension, or revocation of a
23license under this Act, the Department may restore the license
24to the licensee unless, after an investigation and a hearing,

 

 

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1the Secretary determines that restoration is not in the public
2interest.
3    (b) If circumstances of suspension or revocation so
4indicate, the Department may require an examination of the
5licensee prior to restoring his or her license.
6    (c) No person whose license has been revoked as authorized
7in this Act may apply for restoration of that license until
8allowed under the Civil Administrative Code of Illinois.
9    (d) A license that has been suspended or revoked shall be
10considered nonrenewed for purposes of restoration under this
11Section and a licensee restoring his or her license from
12suspension or revocation must comply with the requirements for
13renewal as set forth in this Act and its rules.
14At any time after the successful completion of a term of
15indefinite probation, suspension, or revocation of a license,
16the Department may restore the license to the licensee, unless
17after an investigation and hearing the Secretary determines
18that restoration is not in the public interest. No person or
19entity whose license, certificate, or authority has been
20revoked as authorized in this Act may apply for restoration of
21that license, certification, or authority until such time as
22provided for in the Civil Administrative Code of Illinois.
23(Source: P.A. 97-119, eff. 7-14-11.)
 
24    (225 ILCS 105/17.8)
25    (Section scheduled to be repealed on January 1, 2022)

 

 

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1    Sec. 17.8. Surrender of license. Upon the revocation or
2suspension of a license or registration, the licensee shall
3immediately surrender his or her license to the Department. If
4the licensee fails to do so, the Department has the right to
5seize the license.
6(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
 
7    (225 ILCS 105/17.9)
8    (Section scheduled to be repealed on January 1, 2022)
9    Sec. 17.9. Summary suspension of a license or
10registration. The Secretary may summarily suspend a license or
11registration without a hearing if the Secretary finds that
12evidence in the Secretary's possession indicates that the
13continuation of practice would constitute an imminent danger
14to the public, participants, including any professional
15contest officials, or the individual involved or cause harm to
16the profession. If the Secretary summarily suspends the
17license without a hearing, a hearing must be commenced within
1830 days after the suspension has occurred and concluded as
19expeditiously as practical.
20(Source: P.A. 97-119, eff. 7-14-11.)
 
21    (225 ILCS 105/18)  (from Ch. 111, par. 5018)
22    (Section scheduled to be repealed on January 1, 2022)
23    Sec. 18. Investigations; notice and hearing.
24    (a) The Department may investigate the actions of any

 

 

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1applicant or of any person or entity holding or claiming to
2hold a license under this Act.
3    (b) The Department shall, before disciplining an applicant
4or licensee, at least 30 days prior to the date set for the
5hearing: (i) notify, in writing, the accused of the charges
6made and the time and place for the hearing on the charges;
7(ii) direct him or her to file a written answer to the charges,
8under oath, within 20 days after service of the notice; and
9(iii) inform the applicant or licensee that failure to file an
10answer will result in a default being entered against the
11applicant or licensee.
12    (c) Written or electronic notice, and any notice in the
13subsequent proceedings, may be served by personal delivery, by
14email, or by mail to the applicant or licensee at his or her
15address of record or email address of record.
16    (d) At the time and place fixed in the notice, the hearing
17officer appointed by the Secretary shall proceed to hear the
18charges, and the parties or their counsel shall be accorded
19ample opportunity to present any statement, testimony,
20evidence, and argument as may be pertinent to the charges or to
21their defense. The hearing officer may continue the hearing
22from time to time.
23    (e) If the licensee or applicant, after receiving the
24notice, fails to file an answer, his or her license may, in the
25discretion of the Secretary, be suspended, revoked, or placed
26on probationary status or be subject to whatever disciplinary

 

 

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1action the Secretary considers proper, including limiting the
2scope, nature, or extent of the person's practice or
3imposition of a fine, without hearing, if the act or acts
4charged constitute sufficient grounds for the action under
5this Act.
6The Department may investigate the actions of any applicant or
7of any person or persons promoting or participating in a
8professional or amateur contest or any person holding or
9claiming to hold a license. The Department shall, before
10revoking, suspending, placing on probation, reprimanding, or
11taking any other disciplinary action under this Act, at least
1230 days before the date set for the hearing, (i) notify the
13accused in writing of the charges made and the time and place
14for the hearing on the charges, (ii) direct him or her to file
15a written answer to the charges with the Department under oath
16within 20 days after the service on him or her of the notice,
17and (iii) inform the accused that, if he or she fails to
18answer, default will be taken against him or her or that his or
19her license may be suspended, revoked, or placed on
20probationary status or that other disciplinary action may be
21taken with regard to the license, including limiting the
22scope, nature, or extent of his or her practice, as the
23Department may consider proper. At the time and place fixed in
24the notice, the hearing officer shall proceed to hear the
25charges, and the parties or their counsel shall be accorded
26ample opportunity to present any pertinent statements,

 

 

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1testimony, evidence, and arguments. The hearing officer may
2continue the hearing from time to time. In case the person,
3after receiving the notice, fails to file an answer, his or her
4license may, in the discretion of the Department, be
5suspended, revoked, or placed on probationary status or the
6Department may take whatever disciplinary action considered
7proper, including limiting the scope, nature, or extent of the
8person's practice or the imposition of a fine, without a
9hearing, if the act or acts charged constitute sufficient
10grounds for that action under this Act. The written notice may
11be served by personal delivery or by certified mail to the
12person's address of record.
13(Source: P.A. 97-119, eff. 7-14-11.)
 
14    (225 ILCS 105/19)  (from Ch. 111, par. 5019)
15    (Section scheduled to be repealed on January 1, 2022)
16    Sec. 19. Hearing; Motion for rehearing Findings and
17recommendations.
18    (a) The hearing officer appointed by the Secretary shall
19hear evidence in support of the formal charges and evidence
20produced by the applicant or licensee. At the conclusion of
21the hearing, the hearing officer shall present to the
22Secretary a written report of his or her findings of fact,
23conclusions of law, and recommendations.
24    (b) A copy of the hearing officer's report shall be served
25upon the applicant or licensee, either personally or as

 

 

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1provided in this Act for the service of the notice of hearing.
2Within 20 calendar days after such service, the applicant or
3licensee may present to the Department a motion, in writing,
4for a rehearing that shall specify the particular grounds for
5rehearing. The Department may respond to the motion for
6rehearing within 20 calendar days after its service on the
7Department. If no motion for rehearing is filed, then upon the
8expiration of the time specified for filing such a motion, or
9upon denial of a motion for rehearing, the Secretary may enter
10an order in accordance with the recommendations of the hearing
11officer. If the applicant or licensee orders from the
12reporting service and pays for a transcript of the record
13within the time for filing a motion for rehearing, the 20
14calendar day period within which a motion may be filed shall
15commence upon delivery of the transcript to the applicant or
16licensee.
17    (c) If the Secretary disagrees in any regard with the
18report of the hearing officer, the Secretary may issue an
19order contrary to the report.
20    (d) Whenever the Secretary is not satisfied that
21substantial justice has been done, the Secretary may order a
22hearing by the same or another hearing officer.
23    (e) At any point in any investigation or disciplinary
24proceeding provided for in this Act, both parties may agree to
25a negotiated consent order. The consent order shall be final
26upon signature of the Secretary.

 

 

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1At the conclusion of the hearing, the hearing officer shall
2present to the Secretary a written report of its findings,
3conclusions of law, and recommendations. The report shall
4contain a finding of whether the accused person violated this
5Act or its rules or failed to comply with the conditions
6required in this Act or its rules. The hearing officer shall
7specify the nature of any violations or failure to comply and
8shall make its recommendations to the Secretary. In making
9recommendations for any disciplinary actions, the hearing
10officer may take into consideration all facts and
11circumstances bearing upon the reasonableness of the conduct
12of the accused and the potential for future harm to the public
13including, but not limited to, previous discipline of the
14accused by the Department, intent, degree of harm to the
15public and likelihood of harm in the future, any restitution
16made by the accused, and whether the incident or incidents
17contained in the complaint appear to be isolated or represent
18a continuing pattern of conduct. In making its recommendations
19for discipline, the hearing officer shall endeavor to ensure
20that the severity of the discipline recommended is reasonably
21related to the severity of the violation.
22    The report of findings of fact, conclusions of law, and
23recommendation of the hearing officer shall be the basis for
24the Department's order refusing to issue, restore, or renew a
25license, or otherwise disciplining a licensee. If the
26Secretary disagrees with the recommendations of the hearing

 

 

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1officer, the Secretary may issue an order in contravention of
2the hearing officer's recommendations. The finding is not
3admissible in evidence against the person in a criminal
4prosecution brought for a violation of this Act, but the
5hearing and finding are not a bar to a criminal prosecution
6brought for a violation of this Act.
7(Source: P.A. 97-119, eff. 7-14-11.)
 
8    (225 ILCS 105/19.1)  (from Ch. 111, par. 5019.1)
9    (Section scheduled to be repealed on January 1, 2022)
10    Sec. 19.1. Hearing officer Appointment of a hearing
11officer. Notwithstanding any provision of this Act, the
12Secretary has the authority to appoint an attorney duly
13licensed to practice law in the State of Illinois to serve as
14the hearing officer in any action for refusal to issue or renew
15a license or discipline a license. The hearing officer shall
16have full authority to conduct the hearing. The hearing
17officer shall report his or her findings of fact, conclusions
18of law, and recommendations to the Secretary The Secretary has
19the authority to appoint any attorney duly licensed to
20practice law in the State of Illinois to serve as the hearing
21officer in any action for refusal to issue, restore, or renew a
22license or discipline of a licensee. The hearing officer has
23full authority to conduct the hearing. The hearing officer
24shall report his or her findings of fact, conclusions of law,
25and recommendations to the Secretary. If the Secretary

 

 

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1determines that the hearing officer's report is contrary to
2the manifest weight of the evidence, he may issue an order in
3contravention of the recommendation.
4(Source: P.A. 97-119, eff. 7-14-11.)
 
5    (225 ILCS 105/19.5)
6    (Section scheduled to be repealed on January 1, 2022)
7    Sec. 19.5. Order or certified copy; prima facie proof. An
8order or certified copy thereof, over the seal of the
9Department and purporting to be signed by the Secretary, is
10prima facie proof that:
11        (1) the signature is the genuine signature of the
12    Secretary; and
13        (2) the Secretary is duly appointed and qualified;
14    and .
15        (3) the hearing officer is qualified to act.
16(Source: P.A. 97-119, eff. 7-14-11.)
 
17    (225 ILCS 105/20)  (from Ch. 111, par. 5020)
18    (Section scheduled to be repealed on January 1, 2022)
19    Sec. 20. Record of proceeding Stenographer; transcript.
20    (a) The Department, at its expense, shall provide a
21certified shorthand reporter to take down the testimony and
22preserve a record of all proceedings at the hearing of any case
23in which a licensee may be revoked, suspended, placed on
24probationary status, reprimanded, fined, or subjected to other

 

 

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1disciplinary action with reference to the license when a
2disciplinary action is authorized under this Act and rules.
3The notice of hearing, complaint, and all other documents in
4the nature of pleadings and written portions filed in the
5proceedings, the transcript of the testimony, the report of
6the hearing officer, and the orders of the Department shall be
7the record of the proceedings. The record may be made
8available to any person interested in the hearing upon payment
9of the fee required by Section 2105-115 of the Department of
10Professional Regulation Law of the Civil Administrative Code
11of Illinois.
12    (b) The Department may contract for court reporting
13services, and, if it does so, the Department shall provide the
14name and contact information for the certified shorthand
15reporter who transcribed the testimony at a hearing to any
16person interested, who may obtain a copy of the transcript of
17any proceedings at a hearing upon payment of the fee specified
18by the certified shorthand reporter.
19The Department, at its expense, shall provide a stenographer
20to take down the testimony and preserve a record of all
21proceedings at the hearing of any case wherein a license or
22permit is subjected to disciplinary action. The notice of
23hearing, complaint and all other documents in the nature of
24pleadings and written motions filed in the proceedings, the
25transcript of testimony, the report of the hearing officer and
26the orders of the Department shall be the record of the

 

 

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1proceedings. The Department shall furnish a transcript of the
2record to any person interested in the hearing upon payment of
3the fee required under Section 2105-115 of the Department of
4Professional Regulation Law (20 ILCS 2105/2105-115).
5(Source: P.A. 97-119, eff. 7-14-11.)
 
6    (225 ILCS 105/21)  (from Ch. 111, par. 5021)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 21. Injunctive action; cease and desist order.
9    (a) If a person violates the provisions of this Act, the
10Secretary Director, in the name of the People of the State of
11Illinois, through the Attorney General or the State's Attorney
12of the county in which the violation is alleged to have
13occurred, may petition for an order enjoining the violation or
14for an order enforcing compliance with this Act. Upon the
15filing of a verified petition, the court with appropriate
16jurisdiction may issue a temporary restraining order, without
17notice or bond, and may preliminarily and permanently enjoin
18the violation. If it is established that the person has
19violated or is violating the injunction, the court may punish
20the offender for contempt of court. Proceedings under this
21Section are in addition to, and not in lieu of, all other
22remedies and penalties provided by this Act.
23    (b) Whenever, in the opinion of the Department, a person
24violates any provision of this Act, the Department may issue a
25rule to show cause why an order to cease and desist should not

 

 

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1be entered against that person. The rule shall clearly set
2forth the grounds relied upon by the Department and shall
3allow at least 7 days from the date of the rule to file an
4answer satisfactory to the Department. Failure to answer to
5the satisfaction of the Department shall cause an order to
6cease and desist to be issued.
7(Source: P.A. 91-408, eff. 1-1-00.)
 
8    (225 ILCS 105/22)  (from Ch. 111, par. 5022)
9    (Section scheduled to be repealed on January 1, 2022)
10    Sec. 22. The expiration date and renewal period for each
11license issued under this Act shall be set by rule. The holder
12of a license may renew such license during the month preceding
13the expiration date thereof by paying the required fee and
14meeting additional requirements as determined by rule.
15(Source: P.A. 82-522.)
 
16    (225 ILCS 105/23)  (from Ch. 111, par. 5023)
17    (Section scheduled to be repealed on January 1, 2022)
18    Sec. 23. Fees.
19    (a) The fees for the administration and enforcement of
20this Act including, but not limited to, original licensure,
21renewal, and restoration shall be set by rule. The fees shall
22not be refundable. All Beginning July 1, 2003, all of the fees,
23taxes, and fines collected under this Act shall be deposited
24into the General Professions Dedicated Fund.

 

 

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1    (b) Before January 1, 2023, there shall be no fees for
2amateur full-contact martial arts events; except that until
3January 1, 2023, the applicant fees for promoters of amateur
4events where only amateur bouts are held shall be $300.
5(Source: P.A. 92-16, eff. 6-28-01; 92-499, eff. 1-1-02; 93-32,
6eff. 7-1-03.)
 
7    (225 ILCS 105/23.1)  (from Ch. 111, par. 5023.1)
8    (Section scheduled to be repealed on January 1, 2022)
9    Sec. 23.1. Returned checks; fines. Any person who delivers
10a check or other payment to the Department that is returned to
11the Department unpaid by the financial institution upon which
12it is drawn shall pay to the Department, in addition to the
13amount already owed to the Department, a fine of $50. The fines
14imposed by this Section are in addition to any other
15discipline provided under this Act for unlicensed practice or
16practice on a nonrenewed license. The Department shall notify
17the person that payment of fees and fines shall be paid to the
18Department by certified check or money order within 30
19calendar days of the notification. If, after the expiration of
2030 days from the date of the notification, the person has
21failed to submit the necessary remittance, the Department
22shall automatically terminate the license or deny the
23application, without hearing. If, after termination or denial,
24the person seeks a license, he or she shall apply to the
25Department for restoration or issuance of the license and pay

 

 

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1all fees and fines due to the Department. The Department may
2establish a fee for the processing of an application for
3restoration of a license to pay all expenses of processing
4this application. The Secretary Director may waive the fines
5due under this Section in individual cases where the Secretary
6Director finds that the fines would be unreasonable or
7unnecessarily burdensome.
8(Source: P.A. 92-146, eff. 1-1-02; 92-499, eff. 1-1-02.)
 
9    (225 ILCS 105/24)  (from Ch. 111, par. 5024)
10    (Section scheduled to be repealed on January 1, 2022)
11    Sec. 24. Unlicensed practice; violations; civil penalty.
12    (a) Any person who practices, offers to practice, attempts
13to practice, or holds himself or herself out as being able to
14engage in practices requiring a license under this Act without
15being licensed or exempt under this Act shall, in addition to
16any other penalty provided by law, pay a civil penalty to the
17Department in an amount not to exceed $10,000 for each
18offense, as determined by the Department. The civil penalty
19shall be assessed by the Department after a hearing is held in
20accordance with the provision set forth in this Act regarding
21the provision of a hearing for the discipline of a licensee.
22    (b) The Department may investigate any actual, alleged, or
23suspected unlicensed activity.
24    (c) The civil penalty shall be paid within 60 days after
25the effective date of the order imposing the civil penalty.

 

 

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1The order shall constitute a judgment and may be filed and
2executed thereon in the same manner as any judgment from any
3court of record.
4    (d) A person or entity not licensed under this Act who has
5violated any provision of this Act or its rules is guilty of a
6Class A misdemeanor for the first offense and a Class 4 felony
7for a second and subsequent offenses.
8A person who violates a provision of this Act is guilty of a
9Class A Misdemeanor. On conviction of a second or subsequent
10offense the violator shall be guilty of a Class 4 felony.
11(Source: P.A. 86-615.)
 
12    (225 ILCS 105/24.5)
13    (Section scheduled to be repealed on January 1, 2022)
14    Sec. 24.5. Confidentiality. All information collected by
15the Department in the course of an examination or
16investigation of a licensee, registrant, or applicant,
17including, but not limited to, any complaint against a
18licensee or registrant filed with the Department and
19information collected to investigate any such complaint, shall
20be maintained for the confidential use of the Department and
21shall not be disclosed. The Department may not disclose such
22information to anyone other than law enforcement officials,
23other regulatory agencies that have an appropriate regulatory
24interest as determined by the Secretary, or a party presenting
25a lawful subpoena to the Department. Information and documents

 

 

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1disclosed to a federal, State, county, or local law
2enforcement agency shall not be disclosed by the agency for
3any purpose to any other agency or person. A formal complaint
4filed against a licensee or registrant by the Department or
5any order issued by the Department against a licensee,
6registrant, or applicant shall be a public record, except as
7otherwise prohibited by law.
8(Source: P.A. 97-119, eff. 7-14-11.)
 
9    (225 ILCS 105/25.1)
10    (Section scheduled to be repealed on January 1, 2022)
11    Sec. 25.1. Medical Suspension.
12    (a) A licensee or registrant who is determined by the
13examining physician or Department to be unfit to compete or
14officiate shall be prohibited from participating in a contest
15in Illinois and, if actively licensed, shall be medically
16suspended immediately suspended until it is shown that he or
17she is fit for further competition or officiating. If the
18licensee or registrant disagrees with a medical suspension set
19at the discretion of the ringside physician, he or she may
20request a hearing to show proof of fitness. The hearing shall
21be provided at the earliest opportunity after the Department
22receives a written request from the licensee.
23    (b) If the referee has stopped the bout or rendered a
24decision of technical knockout against a professional or
25amateur or if the professional or amateur is knocked out other

 

 

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1than by a blow to the head, the professional or amateur shall
2be medically immediately suspended immediately for a period of
3not less than 30 days.
4    (c) In a full-contact martial arts contest, if the
5professional or amateur has tapped out, or has submitted, or
6the referee has stopped the bout, shall stop the professional
7or amateur contest and the ringside physician shall determine
8the length of suspension.
9    (d) If the professional or amateur has been knocked
10unconscious out by a blow to the head, he or she shall be
11medically suspended immediately for a period of not less than
1245 days.
13    (e) A licensee may receive a medical suspension for any
14injury sustained as a result of a bout that shall not be less
15than 7 days.
16    (f) A licensee may receive additional terms and conditions
17for a medical suspension beyond a prescribed passage of time
18as authorized under this Section.
19    (g) If a licensee receives a medical suspension that
20includes terms and conditions in addition to the prescribed
21passage of time as authorized under this Section, before the
22removal of the medical suspension, a licensee shall:
23        (1) satisfactorily pass a medical examination;
24        (2) provide those examination results to the
25    Department;
26        (3) provide any additional requested documentation as

 

 

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1    directed by the licensee's examining physician or
2    Department where applicable; and
3        (4) if the licensee's examining physician requires any
4    necessary additional medical procedures during the
5    examination related to the injury that resulted in the
6    medical suspension, those results shall be provided to the
7    Department.
8    (h) Any medical suspension imposed as authorized under
9this Act against a licensee shall be reported to the
10Department's record keeper as determined by rule.
11    (i) A medical suspension as authorized under this Section
12shall not be considered a suspension under Section 16 of this
13Act. A violation of the terms of a medical suspension
14authorized under this Section shall subject a licensee to
15discipline under Section 16 of this Act.
16    (j) A professional or amateur contestant who has been
17placed on medical suspension under the laws of another state,
18the District of Columbia, or a territory of the United States
19for substantially similar reasons as this Section shall be
20prohibited from participating in a contest as authorized under
21this Act until the requirements of subsection (g) of this
22Section have been met or the medical suspension has been
23removed by that jurisdiction.
24    (k) A medical suspension authorized under this Section
25shall begin the day after the bout a licensee participated in.
26    Prior to reinstatement, any professional or amateur

 

 

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1suspended for his or her medical protection shall
2satisfactorily pass a medical examination upon the direction
3of the Department. The examining physician may require any
4necessary medical procedures during the examination.
5(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11.)
 
6    (225 ILCS 105/0.10 rep.)
7    (225 ILCS 105/10.1 rep.)
8    (225 ILCS 105/10.5 rep.)
9    (225 ILCS 105/11.5 rep.)
10    (225 ILCS 105/17.11 rep.)
11    (225 ILCS 105/17.12 rep.)
12    (225 ILCS 105/19.4 rep.)
13    Section 30. The Boxing and Full-contact Martial Arts Act
14is amended by repealing Sections 0.10, 10.1, 10.5, 11.5,
1517.11, 17.12, and 19.4.
 
16    Section 35. The Registered Interior Designers Act is
17amended by changing Section 3, 4, 4.5, 6, 7, 11, 14, 20, 23,
1829, 30 and by adding Section 3.1 as follows:
 
19    (225 ILCS 310/3)  (from Ch. 111, par. 8203)
20    (Section scheduled to be repealed on January 1, 2022)
21    Sec. 3. Definitions. As used in this Act:
22    "Address of record" means the designated address recorded
23by the Department in the applicant's application file or the

 

 

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1registrant's registration file as maintained by the
2Department's licensure maintenance unit.
3    "Board" means the Board of Registered Interior Design
4Professionals established under Section 6 of this Act.
5    "Department" means the Department of Financial and
6Professional Regulation.
7    "Email address of record" means the designated email
8address recorded by the Department in the applicant's
9application file or the registrant's registration file as
10maintained by the Department's licensure maintenance unit.
11    "The profession of interior design", within the meaning
12and intent of this Act, refers to persons qualified by
13education, experience, and examination, who administer
14contracts for fabrication, procurement, or installation in the
15implementation of designs, drawings, and specifications for
16any interior design project and offer or furnish professional
17services, such as consultations, studies, drawings, and
18specifications in connection with the location of lighting
19fixtures, lamps and specifications of ceiling finishes as
20shown in reflected ceiling plans, space planning, furnishings,
21or the fabrication of non-loadbearing structural elements
22within and surrounding interior spaces of buildings but
23specifically excluding mechanical and electrical systems,
24except for specifications of fixtures and their location
25within interior spaces.
26    "Public member" means a person who is not an interior

 

 

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1designer, educator in the field, architect, structural
2engineer, or professional engineer. For purposes of board
3membership, any person with a significant financial interest
4in the design or construction service or profession is not a
5public member.
6    "Registered interior designer" means a person who has
7received registration under Section 8 of this Act. A person
8represents himself or herself to be a "registered interior
9designer" within the meaning of this Act if he or she holds
10himself or herself out to the public by any title
11incorporating the words "registered interior designer" or any
12title that includes the words "registered interior design".
13    "Secretary" means the Secretary of Financial and
14Professional Regulation.
15(Source: P.A. 100-920, eff. 8-17-18.)
 
16    (225 ILCS 310/3.1 new)
17    Sec. 3.1. Address of record; email address of record. All
18applicants and registrants shall:
19        (1) provide a valid address and email address to the
20    Department, which shall serve as the address of record and
21    email address of record, respectively, at the time of
22    application for registration or renewal of a registration;
23    and
24        (2) inform the Department of any change of address of
25    record or email address of record within 14 days after

 

 

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1    such change either through the Department's website or by
2    contacting the Department's licensure maintenance unit.
 
3    (225 ILCS 310/4)  (from Ch. 111, par. 8204)
4    (Section scheduled to be repealed on January 1, 2022)
5    Sec. 4. Title; application of Act.
6    (a) No individual shall, without a valid registration as
7an interior designer issued by the Department, in any manner
8hold himself or herself out to the public as a registered
9interior designer or attach the title "registered interior
10designer" or any other name or designation which would in any
11way imply that he or she is able to use the title "registered
12interior designer" as defined in this Act.
13    (a-5) Nothing in this Act shall be construed as preventing
14or restricting the services offered or advertised by an
15interior designer who is registered under this Act.
16    (b) Nothing in this Act shall prevent the employment, by a
17registered interior designer association, partnership, or a
18corporation furnishing interior design services for
19remuneration, of persons not registered as interior designers
20to perform services in various capacities as needed, provided
21that the persons do not represent themselves as, or use the
22title of, "registered interior designer".
23    (c) Nothing in this Act shall be construed to limit the
24activities and use of the title "interior designer" on the
25part of a person not registered under this Act who is a

 

 

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1graduate of an interior design program and a full-time
2employee of a duly chartered institution of higher education
3insofar as such person engages in public speaking, with or
4without remuneration, provided that such person does not
5represent himself or herself to be a registered interior
6designer or use the title "registered interior designer".
7    (d) Nothing contained in this Act shall restrict any
8person not registered under this Act from carrying out any of
9the activities listed in the definition of "the profession of
10interior design" in Section 3 if such person does not
11represent himself or herself or his or her services in any
12manner prohibited by this Act.
13    (e) Nothing in this Act shall be construed as preventing
14or restricting the practice, services, or activities of any
15person licensed in this State under any other law from
16engaging in the profession or occupation for which he or she is
17licensed.
18    (f) Nothing in this Act shall be construed as preventing
19or restricting the practice, services, or activities of
20engineers licensed under the Professional Engineering Practice
21Act of 1989 or the Structural Engineering Practice Act of
221989; architects licensed pursuant to the Illinois
23Architectural Practice Act of 1989; any interior decorator or
24individual offering interior decorating services including,
25but not limited to, the selection of surface materials, window
26treatments, wall coverings, furniture, accessories, paint,

 

 

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1floor coverings, and lighting fixtures; or builders, home
2furnishings salespersons, and similar purveyors of goods and
3services relating to homemaking.
4    (g) Nothing in this Act or any other Act shall prevent a
5licensed architect from practicing interior design services.
6Nothing in this Act shall be construed as requiring the
7services of a registered interior designer for the interior
8designing of a single family residence.
9    (h) Nothing in this Act shall authorize registered
10interior designers to perform services, including life safety
11services that they are prohibited from performing, or any
12practice (i) that is restricted in the Illinois Architecture
13Practice Act of 1989, the Professional Engineering Practice
14Act of 1989, or the Structural Engineering Practice Act of
151989, or (ii) that they are not authorized to perform under the
16Environmental Barriers Act.
17    (i) Nothing in this Act shall authorize registered
18interior designers to advertise services that they are
19prohibited to perform, including architecture or engineering
20services, nor to use the title "architect" in any form.
21(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
 
22    (225 ILCS 310/4.5)
23    (Section scheduled to be repealed on January 1, 2022)
24    Sec. 4.5. Unregistered practice; violation; civil penalty.
25    (a) Any person who holds himself or herself out to be a

 

 

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1registered interior designer without being registered under
2this Act shall, in addition to any other penalty provided by
3law, pay a civil penalty to the Department in an amount not to
4exceed $5,000 for each offense as determined by the
5Department. The civil penalty shall be assessed by the
6Department after a hearing is held in accordance with the
7provisions set forth in this Act regarding the provision of a
8hearing for the discipline of a registrant licensee.
9    (b) The Department has the authority and power to
10investigate any illegal use of the title of registered
11interior designer.
12    (c) The civil penalty shall be paid within 60 days after
13the effective date of the order imposing the civil penalty.
14The order shall constitute a judgment and may be filed and
15execution had thereon in the same manner as any judgment from
16any court of record.
17(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
 
18    (225 ILCS 310/6)  (from Ch. 111, par. 8206)
19    (Section scheduled to be repealed on January 1, 2022)
20    Sec. 6. Board of Registered Interior Design Professionals.
21The Secretary shall appoint a Board of Registered Interior
22Design Professionals consisting of 5 members who shall serve
23in an advisory capacity to the Secretary. All members of the
24Board shall be residents of Illinois. Four members shall (i)
25hold a valid registration as an interior designer in Illinois

 

 

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1and have held the registration under this Act for the
2preceding 10 years; and (ii) not have been disciplined within
3the preceding 10 years under this Act. In addition to the 4
4registered interior designer members, there shall be one
5public member. The public member shall be a voting member and
6shall not be licensed or registered under this Act or any other
7design profession licensing Act that the Department
8administers.
9    Board members shall serve 5-year terms and until their
10successors are appointed and qualified. In appointing members
11to the Board, the Secretary shall give due consideration to
12recommendations by members and organizations of the interior
13design profession.
14    The membership of the Board should reasonably reflect
15representation from the geographic areas in this State.
16    No member shall be reappointed to the Board for a term that
17would cause his or her continuous service on the Board to be
18longer than 2 consecutive 5-year terms.
19    Appointments to fill vacancies shall be made in the same
20manner as original appointments for the unexpired portion of
21the vacated term.
22    Three members of the Board shall constitute a quorum. A
23quorum is required for Board decisions.
24    The Secretary may remove any member of the Board for
25misconduct, incompetence, or neglect of duty or for reasons
26prescribed by law for removal of State officials.

 

 

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1    The Secretary may remove a member of the Board who does not
2attend 2 consecutive meetings.
3    Notice of proposed rulemaking may be transmitted to the
4Board and the Department may review the response of the Board
5and any recommendations made therein. The Department may, at
6any time, seek the expert advice and knowledge of the Board on
7any matter relating to the administration or enforcement of
8this Act.
9    Members of the Board are not liable for damages in any
10action or proceeding as a result of activities performed as
11members of the Board, except upon proof of actual malice.
12    Members of the Board shall be reimbursed for all
13legitimate, necessary, and authorized expenses.
14    There is created a Board of Registered Interior Design
15Professionals to be composed of persons designated from time
16to time by the Director, as follows:
17        (a) For the first year, 5 persons, 4 of whom have been
18    interior designers for a period of 5 years or more who
19    would qualify upon application to the Department under
20    this Act to be registered interior designers, and one
21    public member. After the initial appointments, each
22    interior design member shall hold a valid registration as
23    a registered interior designer. The Board shall annually
24    elect a chairman.
25        (b) Terms for all members shall be 3 years. For
26    initial appointments, one member shall be appointed to

 

 

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1    serve for one year, 2 shall be appointed to serve for 2
2    years, and the remaining shall be appointed to serve for 3
3    years and until their successors are appointed and
4    qualified. Initial terms shall begin on the effective date
5    of this Act. Partial terms over 2 years in length shall be
6    considered as full terms. A member may be reappointed for
7    a successive term, but no member shall serve more than 2
8    full terms.
9        (c) The membership of the Board should reasonably
10    reflect representation from the various geographic areas
11    of the State.
12        (d) In making appointments to the Board, the Director
13    shall give due consideration to recommendations by
14    national and state organizations of the interior design
15    profession and shall promptly give due notice to such
16    organizations of any vacancy in the membership of the
17    Board. The Director may terminate the appointment of any
18    member for any cause, which in the opinion of the
19    Director, reasonably justifies such termination.
20        (e) Three members shall constitute a quorum. A quorum
21    is required for all Board decisions.
22        (f) The members of the Board shall each receive as
23    compensation a reasonable sum as determined by the
24    Director for each day actually engaged in the duties of
25    the office, and all legitimate and necessary expenses
26    incurred in attending the meeting of the Board.

 

 

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1        (g) Members of the Board shall be immune from suit in
2    any action based upon any disciplinary proceedings or
3    other activities performed in good faith as members of the
4    Board.
5(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
 
6    (225 ILCS 310/7)  (from Ch. 111, par. 8207)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 7. Board recommendations. The Secretary Director
9shall consider the recommendations of the Board in
10establishing guidelines for professional conduct, for the
11conduct of formal disciplinary proceedings brought under this
12Act, and for establishing guidelines for qualifications of
13applicants. Notice of proposed rulemaking may shall be
14transmitted to the Board and the Department shall review the
15response of the Board and any recommendations made in their
16response. The Department, at any time, may seek the expert
17advice and knowledge of the Board on any matter relating to the
18administration or enforcement of this Act.
19(Source: P.A. 86-1404.)
 
20    (225 ILCS 310/11)  (from Ch. 111, par. 8211)
21    (Section scheduled to be repealed on January 1, 2022)
22    Sec. 11. Fees. The Department shall provide by rule for a
23schedule of fees for the administration and enforcement of
24this Act, including but not limited to original registration

 

 

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1licensure, renewal, and restoration. The fees shall be
2nonrefundable.
3    All fees collected under this Act shall be deposited into
4the General Professions Dedicated Fund and shall be
5appropriated to the Department for the ordinary and contingent
6expenses of the Department in the administration of this Act.
7(Source: P.A. 91-454, eff. 1-1-00.)
 
8    (225 ILCS 310/14)  (from Ch. 111, par. 8214)
9    (Section scheduled to be repealed on January 1, 2022)
10    Sec. 14. Investigations; Notice of hearing. Upon the
11motion of either the Department or the Board, or upon the
12verified complaint in writing of any person setting forth
13facts which, if proven, would constitute grounds for refusal,
14suspension, or revocation of registration under this Act, the
15Board shall investigate the actions of any person, hereinafter
16called the "registrant", who holds or represents that he holds
17a certificate of registration. All such motions or complaints
18shall be brought to the Board.
19    The Director shall, before suspending, revoking, placing
20on probationary status, or taking any other disciplinary
21action as the Director may deem proper with regard to any
22registration, at least 30 days prior to the date set for the
23hearing, notify the registrant in writing of any charges made
24and the time and place for a hearing on the charges before the
25Board. The Board shall also direct the registrant to file his

 

 

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1written answer to the charges with the Board under oath within
220 days after the service on him of such notice, and inform him
3that if he fails to file such answer, his certificate of
4registration may be suspended, revoked, placed on probationary
5status or other disciplinary action may be taken with regard
6thereto, as the Director may deem proper.
7    The written notice and any notice in such proceeding may
8be served by delivery personally to the registrant, by email,
9or by registered or certified mail to the address specified by
10the registrant in his last notification to the Director.
11    The Department, at its expense, shall preserve a record of
12all proceedings at the formal hearing of any case involving
13the refusal to issue or renew a registration, or discipline of
14a registrant. The notice of hearing, complaint, and all other
15documents in the nature of pleadings and written motions filed
16in the proceedings, the transcript of testimony, the report of
17the Board, and the orders of the Department shall be the record
18of such proceedings.
19(Source: P.A. 86-1404.)
 
20    (225 ILCS 310/20)  (from Ch. 111, par. 8220)
21    (Section scheduled to be repealed on January 1, 2022)
22    Sec. 20. Restoration. At any time after suspension,
23revocation, placement on probationary status, or the taking of
24any other disciplinary action with regard to any registration,
25the Department may restore the certificate of registration, or

 

 

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1take any other action to reinstate the registration to good
2standing, without further examination, upon the written
3recommendation of the Board.
4(Source: P.A. 86-1404.)
 
5    (225 ILCS 310/23)  (from Ch. 111, par. 8223)
6    (Section scheduled to be repealed on January 1, 2022)
7    Sec. 23. Confidentiality. Confidential information;
8Disclosure. All information collected by the Department in the
9course of an examination or investigation of a registrant or
10applicant, including, but not limited to, any complaint
11against a registrant filed with the Department and information
12collected to investigate any such complaint, shall be
13maintained for the confidential use of the Department and may
14not be disclosed. The Department may not disclose the
15information to anyone other than law enforcement officials,
16other regulatory agencies that have an appropriate regulatory
17interest as determined by the Secretary, or a party presenting
18a lawful subpoena to the Department. Information and documents
19disclosed to a federal, State, county, or local law
20enforcement agency may not be disclosed by the agency for any
21purpose to any other agency or person. A formal complaint
22filed by the Department against a registrant or applicant is a
23public record, except as otherwise prohibited by law. In
24hearings conducted under this Act, information presented into
25evidence that was acquired by an interior designer in serving

 

 

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1any individual in a professional capacity, and necessary to
2professionally serve such individual, shall be deemed strictly
3confidential and shall only be made available either as part
4of the record of a hearing hereunder or otherwise:
5    (a) when the record is required, in its entirety, for
6purposes of judicial review;
7    (b) upon the express written consent of the individual
8served, or in the case of his or her death or disability, the
9consent of his or her personal representative.
10(Source: P.A. 86-1404.)
 
11    (225 ILCS 310/29)  (from Ch. 111, par. 8229)
12    (Section scheduled to be repealed on January 1, 2022)
13    Sec. 29. Illinois Administrative Procedure Act. The
14Illinois Administrative Procedure Act is hereby expressly
15adopted and incorporated herein as if all of the provisions of
16that Act were included in this Act, except that the provision
17of subsection (d) of Section 10-65 of the Illinois
18Administrative Procedure Act that provides that at hearings
19the registrant has the right to show compliance with all
20lawful requirements for retention, continuation, or renewal of
21the registration is specifically excluded. For the purposes of
22this Act, the notice required under Section 10-25 of the
23Illinois Administrative Procedure Act is deemed sufficient
24when mailed or emailed to the last known address of a party.
25(Source: P.A. 91-357, eff. 7-29-99.)
 

 

 

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1    (225 ILCS 310/30)  (from Ch. 111, par. 8230)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 30. Fund; appropriations; investments; audits
4Interior Design Administration and Investigation Fund. All of
5the fees collected pursuant to this Act shall be deposited
6into the General Professions Dedicated Fund.
7    On January 1, 2000 the State Comptroller shall transfer
8the balance of the monies in the Interior Design
9Administration and Investigation Fund into the General
10Professions Dedicated Fund. Amounts appropriated for fiscal
11year 2000 out of the Interior Design Administration and
12Investigation Fund may be paid out of the General Professions
13Dedicated Fund.
14    The moneys monies deposited in the General Professions
15Dedicated Fund may be used for the expenses of the Department
16in the administration of this Act.
17    Moneys from the Fund may also be used for direct and
18allocable indirect costs related to the public purposes of the
19Department of Professional Regulation. Moneys in the Fund may
20be transferred to the Professions Indirect Cost Fund as
21authorized by Section 2105-300 of the Department of
22Professional Regulation Law (20 ILCS 2105/2105-300).
23    Upon the completion of any audit of the Department as
24prescribed by the Illinois State Auditing Act that includes an
25audit of the General Professions Dedicated Fund Interior

 

 

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1Design Administration and Investigation Fund, the Department
2shall make the audit open to inspection by any interested
3person. The copy of the audit report required to be submitted
4to the Department by this Section is in addition to copies of
5audit reports required to be submitted to other State officers
6and agencies by Section 3-14 of the Illinois State Auditing
7Act.
8(Source: P.A. 91-239, eff. 1-1-00; 91-454, eff. 1-1-00; 92-16,
9eff. 6-28-01.)
 
10    Section 40. The Cemetery Oversight Act is amended by
11changing Sections 5-15, 5-20, 5-25, 10-20, 10-21, 10-25,
1210-40, 10-55, 20-10, 25-3, 25-5, 25-10, 25-15, 25-25, 25-30,
1325-35, 25-90, 25-95, 25-105, 25-115, 35-5, 35-15, and 75-45
14and by adding Sections 5-16, 5-26, and 25-26 as follows:
 
15    (225 ILCS 411/5-15)
16    (Section scheduled to be repealed on January 1, 2022)
17    Sec. 5-15. Definitions. In this Act:
18    "Address of record" means the designated address recorded
19by the Department in the applicant's or licensee's application
20file or license file. It is the duty of the applicant or
21licensee to inform the Department of any change of address
22within 14 days either through the Department's website or by
23contacting the Department's licensure maintenance unit. The
24address of record for a cemetery authority shall be the

 

 

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1permanent street address of the cemetery.
2    "Applicant" means a person applying for licensure under
3this Act as a cemetery authority, cemetery manager, or
4customer service employee. Any applicant or any person who
5holds himself or herself out as an applicant is considered a
6licensee for purposes of enforcement, investigation, hearings,
7and the Illinois Administrative Procedure Act.
8    "Burial permit" means a permit provided by a licensed
9funeral director for the disposition of a dead human body.
10    "Care" means the maintenance of a cemetery and of the
11lots, graves, crypts, niches, family mausoleums, memorials,
12and markers therein, including: (i) the cutting and trimming
13of lawn, shrubs, and trees at reasonable intervals; (ii)
14keeping in repair the drains, water lines, roads, buildings,
15fences, and other structures, in keeping with a
16well-maintained cemetery as provided for in Section 20-5 of
17this Act and otherwise as required by rule; (iii) maintenance
18of machinery, tools, and equipment for such care; (iv)
19compensation of cemetery workers, any discretionary payment of
20insurance premiums, and any reasonable payments for workers'
21pension and other benefits plans; and (v) the payment of
22expenses necessary for such purposes and for maintaining
23necessary records of lot ownership, transfers, and burials.
24    "Cemetery" means any land or structure in this State
25dedicated to and used, or intended to be used, for the
26interment, inurnment, or entombment of human remains.

 

 

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1    "Cemetery authority" means any individual or legal entity
2that owns or controls cemetery lands or property.
3    "Cemetery manager" means an individual directly
4responsible or holding himself or herself directly responsible
5for the operation, maintenance, development, or improvement of
6a cemetery that is or shall be licensed under this Act or shall
7be licensed pursuant to Section 10-39 of this Act,
8irrespective of whether the individual is paid by the licensed
9cemetery authority or a third party. This definition does not
10include a volunteer who receives no compensation, either
11directly or indirectly, for his or her work as a cemetery
12manager.
13    "Cemetery merchandise" means items of personal property
14normally sold by a cemetery authority not covered under the
15Illinois Funeral or Burial Funds Act, including, but not
16limited to: (1) memorials, (2) markers, (3) monuments, (4)
17foundations and installations, and (5) outer burial
18containers.
19    "Cemetery operation" means to engage in any or all of the
20following, whether on behalf of, or in the absence of, a
21cemetery authority: (i) the interment, entombment, or
22inurnment of human remains, (ii) the sale of interment,
23entombment, or inurnment rights, cemetery merchandise, or
24cemetery services, (iii) the maintenance of interment rights
25ownership records, (iv) the maintenance of or reporting of
26interment, entombment, or inurnment records, (v) the

 

 

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1maintenance of cemetery property, (vi) the development or
2improvement of cemetery grounds, or (vii) the maintenance and
3execution of business documents, including State and federal
4government reporting and the payment of taxes, for a cemetery
5business entity.
6    "Cemetery Oversight Database" means a database certified
7by the Department as effective in tracking the interment,
8entombment, or inurnment of human remains.
9    "Cemetery services" means those services customarily
10performed by cemetery personnel in connection with the
11interment, entombment, or inurnment of a dead human body.
12    "Certificate of organization" means the document received
13by a cemetery association from the Secretary of State that
14indicates that the cemetery association shall be deemed fully
15organized as a body corporate under the name adopted and in its
16corporate name may sue and be sued.
17    "Comptroller" means the Comptroller of the State of
18Illinois.
19    "Confidential information" means unique identifiers,
20including a person's Social Security number, home address,
21home phone number, personal phone number, personal email
22address, personal financial information, and any other
23information protected by law.
24    "Consumer" means an individual who purchases or who is
25considering purchasing cemetery, burial, or cremation products
26or services from a cemetery authority, whether for themselves

 

 

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1or for another person.
2    "Customer service employee" means an individual who has
3direct contact with consumers to explain cemetery merchandise,
4services, and interment rights and to execute the sale of
5those items to consumers, whether at the cemetery or an
6off-site location, irrespective of whether compensation is
7paid by the cemetery authority or a third party. This
8definition does not include a volunteer who receives no
9compensation, either directly or indirectly, for his or her
10work as a customer service employee.
11    "Department" means the Department of Financial and
12Professional Regulation.
13    "Email address of record" means the designated email
14address recorded by the Department in the applicant's
15application file or the licensee's license file as maintained
16by the Department's licensure maintenance unit.
17    "Employee" means an individual who works for a cemetery
18authority where the cemetery authority has the right to
19control what work is performed and the details of how the work
20is performed regardless of whether federal or State payroll
21taxes are withheld.
22    "Entombment right" means the right to place individual
23human remains or individual cremated human remains in a
24specific mausoleum crypt or lawn crypt selected by a consumer
25for use as a final resting place.
26    "Family burying ground" means a cemetery in which no lots,

 

 

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1crypts, or niches are sold to the public and in which
2interments, inurnments, and entombments are restricted to the
3immediate family or a group of individuals related to each
4other by blood or marriage.
5    "Full exemption" means an exemption granted to a cemetery
6authority pursuant to subsection (a) of Section 5-20.
7    "Funeral director" means a funeral director as defined by
8the Funeral Directors and Embalmers Licensing Code.
9    "Grave" means a space of ground in a cemetery used or
10intended to be used for burial.
11    "Green burial or cremation disposition" means burial or
12cremation practices that reduce the greenhouse gas emissions,
13waste, and toxic chemicals ordinarily created in burial or
14cremation or, in the case of greenhouse gas emissions,
15mitigate or offset emissions. Such practices include any
16standards or method for burial or cremation that the
17Department may name by rule.
18    "Immediate family" means the designated agent of a person
19or the persons given priority for the disposition of a
20person's remains under the Disposition of Remains Act and
21shall include a person's spouse, parents, grandparents,
22children, grandchildren and siblings.
23    "Individual" means a natural person.
24    "Interment right" means the right to place individual
25human remains or cremated human remains in a specific
26underground location selected by a consumer for use as a final

 

 

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1resting place.
2    "Inurnment right" means the right to place individual
3cremated human remains in a specific niche selected by the
4consumer for use as a final resting place.
5    "Lawn crypt" means a permanent underground crypt installed
6in multiple units for the entombment of human remains.
7    "Licensee" means a person licensed under this Act as a
8cemetery authority, cemetery manager, or customer service
9employee. Anyone who holds himself or herself out as a
10licensee or who is accused of unlicensed practice is
11considered a licensee for purposes of enforcement,
12investigation, hearings, and the Illinois Administrative
13Procedure Act.
14    "Mausoleum crypt" means a grouping of spaces constructed
15of reinforced concrete or similar material constructed or
16assembled above the ground for entombing remains.
17    "Niche" means a space in a columbarium or mausoleum used,
18or intended to be used, for inurnment of cremated human
19remains.
20    "Partial exemption" means an exemption granted to a
21cemetery authority pursuant to subsection (b) of Section 5-20.
22    "Parcel identification number" means a unique number
23assigned by the Cemetery Oversight Database to a grave, plot,
24crypt, or niche that enables the Department to ascertain the
25precise location of a decedent's remains interred, entombed,
26or inurned after the effective date of this Act.

 

 

10200HB0806sam001- 181 -LRB102 02614 SPS 26970 a

1    "Person" means any individual, firm, partnership,
2association, corporation, limited liability company, trustee,
3government or political subdivision, or other entity.
4    "Public cemetery" means a cemetery owned, operated,
5controlled, or managed by the federal government, by any
6state, county, city, village, incorporated town, township,
7multi-township, public cemetery district, or other municipal
8corporation, political subdivision, or instrumentality thereof
9authorized by law to own, operate, or manage a cemetery.
10    "Religious burying ground" means a cemetery in which no
11lots, crypts, or niches are sold and in which interments,
12inurnments, and entombments are restricted to a group of
13individuals all belonging to a religious order or granted
14burial rights by special consideration of the religious order.
15    "Religious cemetery" means a cemetery owned, operated,
16controlled, and managed by any recognized church, religious
17society, association, or denomination, or by any cemetery
18authority or any corporation administering, or through which
19is administered, the temporalities of any recognized church,
20religious society, association, or denomination.
21    "Secretary" means the Secretary of Financial and
22Professional Regulation or a person authorized by the
23Secretary to act in the Secretary's stead.
24    "Term burial" means a right of interment sold to a
25consumer in which the cemetery authority retains the right to
26disinter and relocate the remains, subject to the provisions

 

 

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1of subsection (d) of Section 35-15 of this Act.
2    "Trustee" means any person authorized to hold funds under
3this Act.
4    "Unique personal identifier" means the parcel
5identification number in addition to the term of burial in
6years; the numbered level or depth in the grave, plot, crypt,
7or niche; and the year of death for human remains interred,
8entombed, or inurned after the effective date of this Act. The
9unique personal identifier is assigned by the Cemetery
10Oversight Database.
11(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
 
12    (225 ILCS 411/5-16 new)
13    Sec. 5-16. Address of record; email address of record. All
14applicants and licensees shall:
15        (1) provide a valid address and email address to the
16    Department, which shall serve as the address of record and
17    email address of record, respectively, at the time of
18    application for licensure or renewal of a license; and
19        (2) inform the Department of any change of address of
20    record or email address of record within 14 days after
21    such change either through the Department's website or by
22    contacting the Department's licensure maintenance unit.
 
23    (225 ILCS 411/5-20)
24    (Section scheduled to be repealed on January 1, 2022)

 

 

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1    Sec. 5-20. Exemptions.
2    (a) Full exemption. Except as provided in this subsection,
3this Act does not apply to (1) any cemetery authority
4operating as a family burying ground or religious burying
5ground, (2) any cemetery authority that has not engaged in an
6interment, inurnment, or entombment of human remains within
7the last 10 years, or (3) any cemetery authority that is less
8than 3 acres. For purposes of determining the applicability of
9this subsection, the number of interments, inurnments, and
10entombments shall be aggregated for each calendar year. A
11cemetery authority claiming a full exemption shall apply for
12exempt status as provided for in Section 10-20 of this Act. A
13cemetery authority claiming a full exemption shall be subject
14to Sections 10-40, 10-55, and 10-60 of this Act. A cemetery
15authority that performs activities that would disqualify it
16from a full exemption is required to apply for licensure
17within one year following the date on which its activities
18would disqualify it for a full exemption. A cemetery authority
19that previously qualified for and maintained a full exemption
20that fails to timely apply for licensure shall be deemed to
21have engaged in unlicensed practice and shall be subject to
22discipline in accordance with Article 25 of this Act.
23    (b) Partial exemption. If a cemetery authority does not
24qualify for a full exemption and (1) engages in 25 or fewer
25interments, inurnments, or entombments of human remains for
26each of the preceding 2 calendar years, (2) operates as a

 

 

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1public cemetery, or (3) operates as a religious cemetery, then
2the cemetery authority is partially exempt from this Act but
3shall be required to comply with Sections 10-23, 10-40, 10-55,
410-60, subsections (a), (b), (b-5), (c), (d), (f), (g), and
5(h) of Section 20-5, Sections 20-6, 20-8, 20-10, 20-12, 20-30,
620-35, 20-40, 25-3, and 25-120, and Article 35 of this Act.
7Cemetery authorities claiming a partial exemption shall apply
8for the partial exemption as provided in Section 10-20 of this
9Act. A cemetery authority that changes to a status that would
10disqualify it from a partial exemption is required to apply
11for licensure within one year following the date on which it
12changes its status. A cemetery authority that maintains a
13partial exemption that fails to timely apply for licensure
14shall be deemed to have engaged in unlicensed practice and
15shall be subject to discipline in accordance with Article 25
16of this Act.
17    (c) Nothing in this Act applies to the City of Chicago in
18its exercise of its powers under the O'Hare Modernization Act
19or limits the authority of the City of Chicago to acquire
20property or otherwise exercise its powers under the O'Hare
21Modernization Act, or requires the City of Chicago, or any
22person acting on behalf of the City of Chicago, to comply with
23the licensing, regulation, or investigation, or mediation
24requirements of this Act in exercising its powers under the
25O'Hare Modernization Act.
26    (d) A cemetery manager and customer service employee

 

 

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1license may be in active status only during the period that
2such a licensee is employed by a cemetery authority that is
3licensed under this Act. In the event that a cemetery manager
4or customer service employee commences work for a cemetery
5granted an exemption under this Section, it shall be a duty of
6both the cemetery authority and the individual licensee to
7immediately notify the Department so that the license may be
8placed on inactive status. During the period that a license is
9in inactive status, the involved person may not hold himself
10or herself out as licensed. Upon returning to employment by a
11cemetery licensed under this Act, such a cemetery manager or
12customer service employee may reinstate the license to active
13status simply by notifying the Department and paying the
14applicable fee.
15(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
 
16    (225 ILCS 411/5-25)
17    (Section scheduled to be repealed on January 1, 2022)
18    Sec. 5-25. Powers and duties of the Department. The
19Department shall, subject Subject to the provisions of this
20Act, the Department may exercise the following functions,
21powers, and duties:
22        (1) Authorize certification programs to ascertain the
23    qualifications and fitness of applicants for licensing as
24    a licensed cemetery manager or as a customer service
25    employee to ascertain whether they possess the requisite

 

 

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1    level of knowledge for such position.
2        (2) Examine a licensed cemetery authority's records
3    from any year or any other aspects of cemetery operation
4    as the Department deems appropriate.
5        (3) Investigate any and all cemetery operations.
6        (4) Conduct hearings on proceedings to refuse to
7    issue, or renew, or restore licenses or to revoke,
8    suspend, place on probation, or reprimand, or otherwise
9    discipline a licensee license under this Act or take other
10    non-disciplinary action.
11        (5) Adopt reasonable rules required for the
12    administration of this Act.
13        (6) Prescribe forms to be issued for the
14    administration and enforcement of this Act.
15        (7) (Blank). Maintain rosters of the names and
16    addresses of all licensees and all persons whose licenses
17    have been suspended, revoked, denied renewal, or otherwise
18    disciplined within the previous calendar year. These
19    rosters shall be available upon written request and
20    payment of the required fee as established by rule.
21        (8) Work with the Office of the Comptroller and the
22    Department of Public Health, Division of Vital Records to
23    exchange information and request additional information
24    relating to a licensed cemetery authority.
25        (9) Investigate cemetery contracts, grounds, or
26    employee records.

 

 

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1        (10) Issue licenses to those who meet the requirements
2    of this Act.
3        (11) Conduct investigations related to possible
4    violations of this Act.
5    If the Department exercises its authority to conduct
6investigations under this Section, the Department shall
7provide the cemetery authority with information sufficient to
8challenge the allegation. If the complainant consents, then
9the Department shall provide the cemetery authority with the
10identity of and contact information for the complainant so as
11to allow the cemetery authority and the complainant to resolve
12the complaint directly. Except as otherwise provided in this
13Act, any complaint received by the Department and any
14information collected to investigate the complaint shall be
15maintained by the Department for the confidential use of the
16Department and shall not be disclosed. The Department may not
17disclose the information to anyone other than law enforcement
18officials or other regulatory agencies or persons that have an
19appropriate regulatory interest, as determined by the
20Secretary, or to a party presenting a lawful subpoena to the
21Department. Information and documents disclosed to a federal,
22state, county, or local law enforcement agency shall not be
23disclosed by the agency for any purpose to any other agency or
24person. A formal complaint filed against a licensee by the
25Department or any order issued by the Department against a
26licensee or applicant shall be a public record, except as

 

 

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1otherwise prohibited by law.
2(Source: P.A. 99-78, eff. 7-20-15.)
 
3    (225 ILCS 411/5-26 new)
4    Sec. 5-26. Confidentiality. All information collected by
5the Department in the course of an examination or
6investigation of a licensee or applicant, including, but not
7limited to, any complaint against a licensee filed with the
8Department and information collected to investigate any such
9complaint, shall be maintained for the confidential use of the
10Department and shall not be disclosed. The Department may not
11disclose the information to anyone other than law enforcement
12officials, other regulatory agencies that have an appropriate
13regulatory interest as determined by the Secretary, or a party
14presenting a lawful subpoena to the Department. Information
15and documents disclosed to a federal, State, county, or local
16law enforcement agency shall not be disclosed by the agency
17for any purpose to any other agency or person. A formal
18complaint filed against a licensee by the Department or any
19order issued by the Department against a licensee or applicant
20shall be a public record, except as otherwise prohibited by
21law.
 
22    (225 ILCS 411/10-20)
23    (Section scheduled to be repealed on January 1, 2022)
24    Sec. 10-20. Application for original license or exemption.

 

 

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1    (a) Applications for original licensure as a cemetery
2authority, cemetery manager, or customer service employee
3authorized by this Act, or application for exemption from
4licensure as a cemetery authority, shall be made to the
5Department in writing on forms or electronically as prescribed
6by the Department, which shall include the applicant's Social
7Security number or FEIN number, or both, and shall be
8accompanied by the required fee that shall not be refundable.
9as set by Section 10-55 of this Act and further refined by
10rule. Applications for partial or full exemption from
11licensure as a cemetery authority shall be submitted to the
12Department within 6 months after the Department adopts rules
13under this Act. If the person fails to submit the application
14for partial or full exemption within this period, the person
15shall be subject to discipline in accordance with Article 25
16of this Act. The process for renewing a full or partial
17exemption shall be set by rule. If a cemetery authority seeks
18to practice at more than one location, it shall meet all
19licensure requirements at each location as required by this
20Act and by rule, including submission of an application and
21fee. All applications shall contain information that, in the
22judgment of the Department, will enable the Department to pass
23on the qualifications of the applicant for a license under
24this Act.
25    (b) (Blank).
26    (c) After initial licensure, if any person comes to obtain

 

 

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1at least 51% of the ownership over the licensed cemetery
2authority, then the cemetery authority shall have to apply for
3a new license and receive licensure in the required time as set
4by rule. The current license remains in effect until the
5Department takes action on the application for a new license.
6    (d) (Blank). All applications shall contain the
7information that, in the judgment of the Department, will
8enable the Department to pass on the qualifications of the
9applicant for an exemption from licensure or for a license to
10practice as a cemetery authority, cemetery manager, or
11customer service employee as set by rule.
12(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
 
13    (225 ILCS 411/10-21)
14    (Section scheduled to be repealed on January 1, 2022)
15    Sec. 10-21. Qualifications for licensure.
16    (a) A cemetery authority shall apply for licensure on
17forms prescribed by the Department and pay the required fee.
18An applicant is qualified for licensure as a cemetery
19authority if the applicant meets all of the following
20qualifications:
21        (1) The applicant has not committed any act or offense
22    in any jurisdiction that would constitute the basis for
23    discipline under this Act. When considering such license,
24    the Department shall take into consideration the
25    following:

 

 

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1            (A) the applicant's record of compliance with the
2        Code of Professional Conduct and Ethics, and whether
3        the applicant has been found to have engaged in any
4        unethical or dishonest practices in the cemetery
5        business;
6            (B) whether the applicant has been adjudicated,
7        civilly or criminally, to have committed fraud or to
8        have violated any law of any state involving unfair
9        trade or business practices, has been convicted of a
10        misdemeanor of which fraud is an essential element or
11        which involves any aspect of the cemetery business, or
12        has been convicted of any felony;
13            (C) whether the applicant has willfully violated
14        any provision of this Act or a predecessor law or any
15        regulations relating thereto;
16            (D) whether the applicant has been permanently or
17        temporarily suspended, enjoined, or barred by any
18        court of competent jurisdiction in any state from
19        engaging in or continuing any conduct or practice
20        involving any aspect of the cemetery or funeral
21        business; and
22            (E) whether the applicant has ever had any license
23        to practice any profession or occupation suspended,
24        denied, fined, or otherwise acted against or
25        disciplined by the applicable licensing authority.
26        If the applicant is a corporation, limited liability

 

 

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1    company, partnership, or other entity permitted by law,
2    then the Department shall determine whether each
3    principal, owner, member, officer, and shareholder holding
4    25% or more of corporate stock has met the requirements of
5    this item (1) of subsection (a) of this Section.
6        (2) The applicant must provide a statement of its
7    assets and liabilities to the Department.
8        (3) The applicant has not, within the preceding 10
9    years, been convicted of or entered a plea of guilty or
10    nolo contendere to (i) a Class X felony or (ii) a felony,
11    an essential element of which was fraud or dishonesty
12    under the laws of this State, another state, the United
13    States, or a foreign jurisdiction that is directly related
14    to the practice of cemetery operations. If the applicant
15    is a corporation, limited liability company, partnership,
16    or other entity permitted by law, then each principal,
17    owner, member, officer, and shareholder holding 25% or
18    more of corporate stock has not, within the preceding 10
19    years, been convicted of or entered a plea of guilty or
20    nolo contendere to (i) a Class X felony or (ii) a felony,
21    an essential element of which was fraud or dishonesty
22    under the laws of this State, another state, the United
23    States, or a foreign jurisdiction that is directly related
24    to the practice of cemetery operations.
25        (4) The applicant shall authorize the Department to
26    conduct a criminal background check that does not involve

 

 

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1    fingerprinting.
2        (5) In the case of a person or entity applying for
3    renewal of his, her, or its license, the applicant has
4    complied with all other requirements of this Act and the
5    rules adopted for the implementation of this Act.
6    (b) The cemetery manager and customer service employees of
7a licensed cemetery authority shall apply for licensure as a
8cemetery manager or customer service employee on forms
9prescribed by the Department and pay the required fee. A
10person is qualified for licensure as a cemetery manager or
11customer service employee if he or she meets all of the
12following requirements:
13        (1) Is at least 18 years of age.
14        (2) Has acted in an ethical manner as set forth in
15    Section 10-23 of this Act. In determining qualifications
16    of licensure, the Department shall take into consideration
17    the factors outlined in item (1) of subsection (a) of this
18    Section.
19        (3) Submits proof of successful completion of a high
20    school education or its equivalent as established by rule.
21        (4) The applicant shall authorize the Department to
22    conduct a criminal background check that does not involve
23    fingerprinting.
24        (5) Has not committed a violation of this Act or any
25    rules adopted under this Act that, in the opinion of the
26    Department, renders the applicant unqualified to be a

 

 

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1    cemetery manager.
2        (6) Submits proof of successful completion of a
3    certification course recognized by the Department for a
4    cemetery manager or customer service employee, whichever
5    the case may be.
6        (7) Has not, within the preceding 10 years, been
7    convicted of or entered a plea of guilty or nolo
8    contendere to (i) a Class X felony or (ii) a felony, an
9    essential element of which was fraud or dishonesty under
10    the laws of this State, another state, the United States,
11    or a foreign jurisdiction that is directly related to the
12    practice of cemetery operations.
13        (8) (Blank).
14        (9) In the case of a person applying for renewal of his
15    or her license, has complied with all other requirements
16    of this Act and the rules adopted for implementation of
17    this Act.
18    (c) Each applicant for a cemetery authority, cemetery
19manager, or customer service employee license shall authorize
20the Department to conduct a criminal background check that
21does not involve fingerprinting. The Department must, in turn,
22conduct the criminal background check on each applicant. The
23Department shall adopt rules to implement this subsection (c),
24but in no event shall the Department impose a fee upon the
25applicant for the background check.
26(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
 

 

 

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1    (225 ILCS 411/10-25)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 10-25. Certification.
4    (a) The Department shall authorize certification programs
5for cemetery manager and customer service employee applicants.
6The certification programs must consist of education and
7training in cemetery ethics, cemetery law, and cemetery
8practices. Cemetery ethics shall include, without limitation,
9the Code of Professional Conduct and Ethics as set forth in
10Section 10-23 of this Act. Cemetery law shall include, without
11limitation, the Cemetery Oversight Act, the Cemetery Care Act,
12the Disposition of Remains Act, and the Cemetery Protection
13Act. Cemetery practices shall include, without limitation,
14treating the dead and their family members with dignity and
15respect. The certification program shall include an
16examination administered by the entity providing the
17certification.
18    (a-5) An entity seeking to offer a certification program
19to cemetery manager applicants and customer service employee
20applicants must receive approval of its program from the
21Department in a manner and form prescribed by the Department
22by rule. As part of this process, the entity must submit to the
23Department the examination it offers or intends to offer as
24part of its certification program.
25    (a-10) A cemetery manager applicant or customer service

 

 

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1employee applicant may choose any entity that has been
2approved by the Department from which to obtain certification.
3    (b) Cemetery manager applicants and customer service
4employee applicants shall pay the fee for the certification
5program directly to the entity offering the program.
6    (c) If the cemetery manager applicant or customer service
7employee applicant neglects, fails, or refuses to become
8certified within one year after filing an application, then
9the application shall be denied. However, the applicant may
10thereafter submit a new application accompanied by the
11required fee. The applicant shall meet the requirements in
12force at the time of making the new application.
13    (d) A cemetery manager applicant or customer service
14employee applicant who has completed a certification program
15offered by an entity that has not received the Department's
16approval as required by this Section has not met the
17qualifications for licensure as set forth in Section 10-21 of
18this Act.
19    (e) The Department may approve shall recognize any
20certification program that is conducted by a death care trade
21association in Illinois that has been in existence for more
22than 5 years that, in the determination of the Department,
23provides adequate education and training in cemetery law,
24cemetery ethics, and cemetery practices and administers an
25examination covering the same.
26    (f) The Department may, without a hearing, summarily

 

 

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1withdraw its approval of a certification program that, in the
2judgment of the Department, fails to meet the requirements of
3this Act or the rules adopted under this Act. A certification
4program that has had its approval withdrawn by the Department
5may reapply for approval, but shall provide such additional
6information as may be required by the Department, including,
7but not limited to, evidence to the Department's satisfaction
8that the program is in compliance with this Act and the rules
9adopted under this Act.
10(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
 
11    (225 ILCS 411/10-40)
12    (Section scheduled to be repealed on January 1, 2022)
13    Sec. 10-40. Renewal, reinstatement, or restoration of
14license Expiration and renewal of license.
15    (a) The expiration date and renewal period for each
16license issued under this Act shall be set by rule. The holder
17of a license may renew such license during the month preceding
18the expiration date thereof by paying the required fee.
19    (b) A licensee under this Act who has permitted his or her
20license to expire or has had his or her license placed on
21inactive status may have his or her license restored by making
22application to the Department and filing proof acceptable to
23the Department of his or her fitness of having his or her
24license restored, including, but not limited to, sworn
25evidence certifying to active practice in another jurisdiction

 

 

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1satisfactory to the Department, and by paying the required fee
2as determined by rule. Every cemetery authority, cemetery
3manager, and customer service employee license shall expire
4every 2 years. Every registration as a fully exempt cemetery
5authority or partially exempt cemetery authority shall expire
6every 4 years. The expiration date, renewal period, and other
7requirements for each license and registration shall be
8further refined by rule.
9(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
 
10    (225 ILCS 411/10-55)
11    (Section scheduled to be repealed on January 1, 2022)
12    Sec. 10-55. Fees.
13    (a) Except as provided in this Section, the fees for the
14administration and enforcement of this Act shall be set by the
15Department by rule. The fees shall be reasonable and shall not
16be refundable.
17    (b) Cemetery manager applicants and customer service
18employee applicants shall pay any certification program or
19continuing education program fee directly to the entity
20offering the program.
21    (c) The Department may waive fees based upon hardship.
22    (d) Nothing shall prohibit a cemetery authority from
23paying, on behalf of its cemetery managers or customer service
24employees, their application, renewal, or restoration fees.
25    (e) All fees and other moneys collected under this Act

 

 

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1shall be deposited in the Cemetery Oversight Licensing and
2Disciplinary Fund.
3    (f) The fee for application as a cemetery authority
4seeking a full exemption is $0.
5    (g) The fee to renew registration as a fully exempt
6cemetery authority is $0. As provided in Section 10-40 of this
7Act and as further refined by rule, each registration as a
8fully exempt cemetery authority shall expire every 4 years.
9    (h) The fee for application as a cemetery authority
10seeking a partial exemption is $150.
11    (i) The fee to renew registration as a partially exempt
12cemetery authority is $150. As provided in Section 10-40 of
13this Act and as further refined by rule, each registration as a
14partially exempt cemetery authority shall expire every 4
15years.
16    (j) The fee for original licensure, renewal, and
17restoration as a cemetery authority not seeking a full or
18partial exemption is $75. As provided in Section 10-40 of this
19Act and as further refined by rule, each cemetery authority
20license shall expire every 2 years.
21    (k) The fee for original licensure, renewal, and
22restoration as a cemetery manager is $25. As provided in
23Section 10-40 of this Act and as further refined by rule, each
24cemetery manager license shall expire every 2 years.
25    (l) The fee for original licensure, renewal, and
26restoration as a customer service employee is $25. As provided

 

 

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1in Section 10-40 of this Act and as further refined by rule,
2each customer service employee license shall expire every 2
3years.
4(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
 
5    (225 ILCS 411/20-10)
6    (Section scheduled to be repealed on January 1, 2022)
7    Sec. 20-10. Contract. At the time cemetery arrangements
8are made and prior to rendering the cemetery services, a
9cemetery authority shall create a completed written contract
10to be provided to the consumer, signed by both parties by their
11actual written signatures on either paper or electronic form,
12that shall contain: (i) the date on which the arrangements
13were made; (ii) the price of the service selected and the
14services and merchandise included for that price; (iii) the
15supplemental items of service and merchandise requested and
16the price of each item; (iv) the terms or method of payment
17agreed upon; and (v) a statement as to any monetary advances
18made on behalf of the family. The cemetery authority shall
19maintain a copy of such written contract in its permanent
20records.
21(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
 
22    (225 ILCS 411/25-3)
23    (Section scheduled to be repealed on January 1, 2022)
24    Sec. 25-3. Exemption, investigation, mediation. All

 

 

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1cemetery authorities maintaining a partial exemption must
2submit to the following investigation and mediation procedure
3by the Department in the event of a consumer complaint:
4        (a) Complaints to cemetery:
5            (1) the cemetery authority shall make every effort
6        to first resolve a consumer complaint; and
7            (2) if the complaint is not resolved, then the
8        cemetery authority shall advise the consumer of his or
9        her right to file a complaint with seek investigation
10        and mediation by the Department.
11        (b) Complaints to the Department:
12            (1) if the Department receives a complaint, the
13        Department shall make an initial determination as to
14        whether the complaint has a reasonable basis and
15        pertains to this Act;
16            (2) if the Department determines that the
17        complaint has a reasonable basis and pertains to this
18        Act, it shall inform the cemetery authority of the
19        complaint and give it 30 days to tender a response;
20            (3) upon receiving the cemetery authority's
21        response, or after the 30 days provided in subsection
22        (2) of this subsection, whichever comes first, the
23        Department shall attempt to resolve the complaint
24        telephonically with the parties involved;
25            (4) if the complaint still is not resolved, then
26        the Department shall conduct an investigation and

 

 

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1        mediate the complaint as provided for by rule;
2            (5) if the Department conducts an on-site
3        investigation and face-to-face mediation with the
4        parties, then it may charge the cemetery authority a
5        single investigation and mediation fee, which fee
6        shall be set by rule and shall be calculated on an
7        hourly basis; and
8            (6) if all attempts to resolve the consumer
9        complaint as provided for in paragraphs (1) through
10        (5) fail, then the cemetery authority may be subject
11        to proceedings for penalties and discipline under this
12        Article when it is determined by the Department that
13        the cemetery authority may have engaged in any of the
14        following: (i) gross malpractice; (ii) dishonorable,
15        unethical, or unprofessional conduct of a character
16        likely to deceive, defraud, or harm the public; (iii)
17        gross, willful, or continued overcharging for
18        services; (iv) incompetence; (v) unjustified failure
19        to honor its contracts; or (vi) failure to adequately
20        maintain its premises. The Department may issue a
21        citation or institute disciplinary action and cause
22        the matter to be prosecuted and may thereafter issue
23        and enforce its final order as provided in this Act.
24(Source: P.A. 96-863, eff. 3-1-10.)
 
25    (225 ILCS 411/25-5)

 

 

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1    (Section scheduled to be repealed on January 1, 2022)
2    Sec. 25-5. Citations.
3    (a) The Department may adopt rules to permit the issuance
4of citations for non-frivolous complaints. The citation shall
5be issued to the licensee and shall contain the licensee's
6name and address, the licensee's license number, a brief
7factual statement, the Sections of the law allegedly violated,
8and the penalty imposed. The citation must clearly state that
9the licensee may choose, in lieu of accepting the citation, to
10request a hearing. If the licensee does not dispute the matter
11in the citation with the Department within 30 days after the
12citation is served, then the citation shall become a final
13order and shall constitute discipline. The penalty shall be a
14fine or other conditions as established by rule.
15    (b) The Department shall adopt rules designating
16violations for which a citation may be issued. Such rules
17shall designate as citation violations those violations for
18which there is no substantial threat to the public health,
19safety, and welfare. Citations shall not be utilized if there
20was any significant consumer harm resulting from the
21violation.
22    (c) A citation must be issued within 6 months after the
23reporting of a violation that is the basis for the citation.
24    (d) Service of a citation may be made by personal service,
25regular mail, or email or certified mail to the licensee at the
26licensee's address of record.

 

 

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1(Source: P.A. 96-863, eff. 3-1-10.)
 
2    (225 ILCS 411/25-10)
3    (Section scheduled to be repealed on January 1, 2022)
4    Sec. 25-10. Grounds for disciplinary action.
5    (a) The Department may refuse to issue or renew a license
6or may revoke, suspend, place on probation, reprimand, or take
7other disciplinary or non-disciplinary action as the
8Department may deem appropriate, including imposing fines not
9to exceed $10,000 $8,000 for each violation, with regard to
10any license under this Act, for any one or combination of the
11following:
12        (1) Material misstatement in furnishing information to
13    the Department.
14        (2) Violations of this Act, except for Section 20-8,
15    or of the rules adopted under this Act.
16        (3) Conviction of or entry of a plea of guilty or nolo
17    contendere, finding of guilt, jury verdict, or entry of
18    judgment or sentencing, including, but not limited to,
19    convictions, preceding sentences of supervision,
20    conditional discharge, or first offender probation under
21    the law of any jurisdiction of the United States that is
22    (i) a Class X felony or (ii) a felony, an essential element
23    of which is fraud or dishonesty that is directly related
24    to the practice of cemetery operations. Conviction of, or
25    entry of a plea of guilty or nolo contendere to, any crime

 

 

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1    within the last 10 years that is a Class X felony or higher
2    or is a felony involving fraud and dishonesty under the
3    laws of the United States or any state or territory
4    thereof.
5        (4) Fraud or any misrepresentation in applying for or
6    procuring a license under this Act or in connection with
7    applying for renewal. Making any misrepresentation for the
8    purpose of obtaining licensure or violating any provision
9    of this Act or the rules adopted under this Act.
10        (5) Incompetence or misconduct in the practice of
11    cemetery operations. Professional incompetence.
12        (6) Gross malpractice.
13        (7) Aiding or assisting another person in violating
14    any provision of this Act or rules adopted under this Act.
15        (8) Failing, within 10 business days, to provide
16    information in response to a written request made by the
17    Department.
18        (9) Engaging in dishonorable, unethical, or
19    unprofessional conduct of a character likely to deceive,
20    defraud, or harm the public.
21        (10) Habitual or excessive use or abuse of drugs
22    defined in law as controlled substances, alcohol,
23    narcotics, stimulants, or any other substances that
24    results in the inability to practice pursuant to the
25    provisions of this Act with reasonable judgment, skill, or
26    safety while acting under the provisions of this Act.

 

 

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1    Inability to practice with reasonable judgment, skill, or
2    safety as a result of habitual or excessive use of
3    alcohol, narcotics, stimulants, or any other chemical
4    agent or drug.
5        (11) Discipline by another agency, state, territory,
6    foreign country, the District of Columbia, the United
7    States government territory, or any other government
8    agency foreign nation, if at least one of the grounds for
9    the discipline is the same or substantially equivalent to
10    those set forth in this Act Section.
11        (12) Directly or indirectly giving to or receiving
12    from any person, firm, corporation, partnership, or
13    association any fee, commission, rebate, or other form of
14    compensation for professional services not actually or
15    personally rendered.
16        (13) A finding by the Department that the licensee,
17    after having his or her license placed on probationary
18    status, has violated the terms of probation or failed to
19    comply with such terms.
20        (14) Willfully making or filing false records or
21    reports in his or her practice, including, but not limited
22    to, false records filed with any governmental agency or
23    department.
24        (15) Inability to practice the profession with
25    reasonable judgment, skill, or safety as a result of
26    physical illness, including, but not limited to, loss of

 

 

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1    motor skill, mental illness, or disability.
2        (16) Failure to comply with an order, decision, or
3    finding of the Department made pursuant to this Act.
4        (17) Directly or indirectly receiving compensation for
5    any professional services not actually performed.
6        (18) Practicing under a false or, except as provided
7    by law, an assumed name.
8        (19) Using or attempting to use an expired, inactive,
9    suspended, or revoked license or impersonating another
10    licensee. Fraud or misrepresentation in applying for, or
11    procuring, a license under this Act or in connection with
12    applying for renewal of a license under this Act.
13        (20) A finding by the Department that an applicant or
14    licensee has failed to pay a fine imposed by the
15    Department. Cheating on or attempting to subvert the
16    licensing examination administered under this Act.
17        (21) Unjustified failure to honor its contracts.
18        (22) Negligent supervision of a cemetery manager,
19    customer service employee, employee, or independent
20    contractor.
21        (23) (Blank). A pattern of practice or other behavior
22    which demonstrates incapacity or incompetence to practice
23    under this Act.
24        (24) (Blank). Allowing an individual who is not, but
25    is required to be, licensed under this Act to perform work
26    for the cemetery authority.

 

 

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1        (25) (Blank).
2    (b) No action may be taken under this Act against a person
3licensed under this Act for an occurrence or alleged
4occurrence that predates the enactment of this Act unless the
5action is commenced within 5 years after the occurrence of the
6alleged violations, except for a violation of item (3) of
7subsection (a) of this Section. If a person licensed under
8this Act violates item (3) of subsection (a) of this Section,
9then the action may commence within 10 years after the
10occurrence of the alleged violation. A continuing violation
11shall be deemed to have occurred on the date when the
12circumstances last existed that give rise to the alleged
13violation.
14    (c) In enforcing this Section, the Department, upon a
15showing of a possible violation, may order a licensee or
16applicant to submit to a mental or physical examination, or
17both, at the expense of the Department. The Department may
18order the examining physician to present testimony concerning
19his or her examination of the licensee or applicant. No
20information shall be excluded by reason of any common law or
21statutory privilege relating to communications between the
22licensee or applicant and the examining physician. The
23examining physicians shall be specifically designated by the
24Department. The licensee or applicant may have, at his or her
25own expense, another physician of his or her choice present
26during all aspects of the examination. Failure of a licensee

 

 

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1or applicant to submit to any such examination when directed,
2without reasonable cause, shall be grounds for either
3immediate suspending of his or her license or immediate denial
4of his or her application.
5        (1) If the Secretary immediately suspends the license
6    of a licensee for his or her failure to submit to a mental
7    or physical examination when directed, a hearing must be
8    convened by the Department within 15 days after the
9    suspension and completed without appreciable delay.
10        (2) If the Secretary otherwise suspends a license
11    pursuant to the results of the licensee's mental or
12    physical examination, a hearing must be convened by the
13    Department within 15 days after the suspension and
14    completed without appreciable delay. The Department shall
15    have the authority to review the licensee's record of
16    treatment and counseling regarding the relevant impairment
17    or impairments to the extent permitted by applicable
18    federal statutes and regulations safeguarding the
19    confidentiality of medical records.
20        (3) Any licensee suspended under this subsection shall
21    be afforded an opportunity to demonstrate to the
22    Department that he or she can resume practice in
23    compliance with the acceptable and prevailing standards
24    under the provisions of his or her license.
25    (d) The determination by a circuit court that a licensee
26is subject to involuntary admission or judicial admission, as

 

 

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1provided in the Mental Health and Developmental Disabilities
2Code, operates as an automatic suspension. Such suspension may
3end only upon a finding by a court that the patient is no
4longer subject to involuntary admission or judicial admission,
5the issuance of an order so finding and discharging the
6patient, and the filing of a petition for restoration
7demonstrating fitness to practice.
8    (e) In cases where the Department of Healthcare and Family
9Services has previously determined that a licensee or a
10potential licensee is more than 30 days delinquent in the
11payment of child support and has subsequently certified the
12delinquency to the Department, the Department shall refuse to
13issue or renew or shall revoke or suspend that person's
14license or shall take other disciplinary action against that
15person based solely upon the certification of delinquency made
16by the Department of Healthcare and Family Services under
17paragraph (5) of subsection (a) of Section 2105-15 of the
18Department of Professional Regulation Law of the Civil
19Administrative Code of Illinois.
20    (f) The Department shall refuse to issue or renew or shall
21revoke or suspend a person's license or shall take other
22disciplinary action against that person for his or her failure
23to file a return, to pay the tax, penalty, or interest shown in
24a filed return, or to pay any final assessment of tax, penalty,
25or interest as required by any tax Act administered by the
26Department of Revenue, until the requirements of the tax Act

 

 

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1are satisfied in accordance with subsection (g) of Section
22105-15 of the Department of Professional Regulation Law of
3the Civil Administrative Code of Illinois.
4(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
 
5    (225 ILCS 411/25-15)
6    (Section scheduled to be repealed on January 1, 2022)
7    Sec. 25-15. Injunction; cease Cease and desist order.
8    (a) If any person or entity violates a provision of this
9Act, the Secretary may, in the name of the People of the State
10of Illinois, through the Attorney General of the State of
11Illinois, petition for an order enjoining such violation or
12for an order enforcing compliance with this Act. Upon the
13filing of a verified petition in such court, the court may
14issue a temporary restraining order, without notice or bond,
15and may preliminarily and permanently enjoin such violation.
16If it is established that such person or entity has violated or
17is violating the injunction, the court may punish the offender
18for contempt of court. Proceedings under this Section are in
19addition to, and not in lieu of, all other remedies and
20penalties provided by this Act. The Secretary may issue an
21order to cease and desist to any licensee or other person doing
22business without the required license when, in the opinion of
23the Secretary, the licensee or other person is violating or is
24about to violate any provision of this Act or any rule or
25requirement imposed in writing by the Department.

 

 

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1    (b) Whenever in the opinion of the Department any person
2or entity violates any provision of this Act, the Department
3may issue a rule to show cause why an order to cease and desist
4should not be entered against them. The rule shall clearly set
5forth the grounds relied upon by the Department and shall
6provide a period of 7 days from the date of the rule to file an
7answer to the satisfaction of the Department. Failure to
8answer to the satisfaction of the Department shall cause an
9order to cease and desist to be issued immediately. The
10Secretary may issue an order to cease and desist prior to a
11hearing and such order shall be in full force and effect until
12a final administrative order is entered.
13    (c) The Secretary shall serve notice of his or her action,
14designated as an order to cease and desist made pursuant to
15this Section, including a statement of the reasons for the
16action, either personally or by certified mail, return receipt
17requested. Service by certified mail shall be deemed completed
18when the notice is deposited in the United States mail and sent
19to the address of record or, in the case of unlicensed
20activity, the address known to the Department.
21    (d) Within 15 days after service of the order to cease and
22desist, the licensee or other person may request, in writing,
23a hearing.
24    (e) The Secretary shall schedule a hearing within 30 days
25after the request for a hearing unless otherwise agreed to by
26the parties.

 

 

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1    (f) The Secretary shall have the authority to prescribe
2rules for the administration of this Section.
3    (g) If, after hearing, it is determined that the Secretary
4has the authority to issue the order to cease and desist, he or
5she may issue such orders as may be reasonably necessary to
6correct, eliminate, or remedy such conduct.
7    (h) The powers vested in the Secretary by this Section are
8additional to any and all other powers and remedies vested in
9the Secretary by law and nothing in this Section shall be
10construed as requiring that the Secretary shall employ the
11power conferred in this Section instead of or as a condition
12precedent to the exercise of any other power or remedy vested
13in the Secretary.
14(Source: P.A. 96-863, eff. 3-1-10.)
 
15    (225 ILCS 411/25-25)
16    (Section scheduled to be repealed on January 1, 2022)
17    Sec. 25-25. Investigations, notice, hearings.
18    (a) The Department may investigate the actions of any
19applicant or of any person or entity holding or claiming to
20hold a license under this Act. The Department may at any time
21investigate the actions of any applicant or of any person or
22persons rendering or offering to render services as a cemetery
23authority, cemetery manager, or customer service employee of
24or any person holding or claiming to hold a license as a
25licensed cemetery authority, cemetery manager, or customer

 

 

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1service employee. If it appears to the Department that a
2person has engaged in, is engaging in, or is about to engage in
3any practice declared to be unlawful by this Act, then the
4Department may: (1) require that person to file on such terms
5as the Department prescribes a statement or report in writing,
6under oath or otherwise, containing all information the
7Department may consider necessary to ascertain whether a
8licensee is in compliance with this Act, or whether an
9unlicensed person is engaging in activities for which a
10license is required; (2) examine under oath any individual in
11connection with the books and records pertaining to or having
12an impact upon the operation of a cemetery; (3) examine any
13books and records of the licensee that the Department may
14consider necessary to ascertain compliance with this Act; and
15(4) require the production of a copy of any record, book,
16document, account, or paper that is produced in accordance
17with this Act and retain it in his or her possession until the
18completion of all proceedings in connection with which it is
19produced.
20    (b) The Department shall, before disciplining an applicant
21or licensee, at least 30 days prior to the date set for the
22hearing: (i) notify, in writing, the accused of the charges
23made and the time and place for the hearing on the charges,
24(ii) direct him or her to file a written answer to the charges
25under oath within 20 days after service of the notice, and
26(iii) inform the applicant or licensee that failure to file an

 

 

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1answer will result in a default being entered against the
2applicant or licensee. The Secretary may, after 10 days notice
3by certified mail with return receipt requested to the
4licensee at the address of record or to the last known address
5of any other person stating the contemplated action and in
6general the grounds therefor, fine such licensee an amount not
7exceeding $10,000 per violation or revoke, suspend, refuse to
8renew, place on probation, or reprimand any license issued
9under this Act if he or she finds that:
10        (1) the licensee has failed to comply with any
11    provision of this Act or any order, decision, finding,
12    rule, regulation, or direction of the Secretary lawfully
13    made pursuant to the authority of this Act; or
14        (2) any fact or condition exists which, if it had
15    existed at the time of the original application for the
16    license, clearly would have warranted the Secretary in
17    refusing to issue the license.
18    (c) Written or electronic notice, and any notice in the
19subsequent proceedings, may be served by personal delivery, by
20email, or by mail to the applicant or licensee at his or her
21address of record or email address of record. The Secretary
22may fine, revoke, suspend, refuse to renew, place on
23probation, reprimand, or take any other disciplinary action as
24to the particular license with respect to which grounds for
25the fine, revocation, suspension, refuse to renew, probation,
26or reprimand, or other disciplinary action occur or exist, but

 

 

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1if the Secretary finds that grounds for revocation are of
2general application to all offices or to more than one office
3of the licensee, the Secretary shall fine, revoke, suspend,
4refuse to renew, place on probation, reprimand, or otherwise
5discipline every license to which such grounds apply.
6    (d) At the time and place fixed in the notice, the hearing
7officer appointed by the Secretary shall proceed to hear the
8charges and the parties or their counsel shall be accorded
9ample opportunity to present any statement, testimony,
10evidence, and argument as may be pertinent to the charges or to
11their defense. The hearing officer may continue the hearing
12from time to time. In every case in which a license is revoked,
13suspended, placed on probation, reprimanded, or otherwise
14disciplined, the Secretary shall serve the licensee with
15notice of his or her action, including a statement of the
16reasons for his or her actions, either personally or by
17certified mail, return receipt requested. Service by certified
18mail shall be deemed completed when the notice is deposited in
19the United States mail and sent to the address of record.
20    (e) In case the licensee or applicant, after receiving the
21notice, fails to file an answer, his or her license may, in the
22discretion of the Secretary, be suspended, revoked, or placed
23on probationary status, or be subject to whatever disciplinary
24action the Secretary considers proper, including limiting the
25scope, nature, or extent of the person's practice or
26imposition of a fine, without hearing, if the act or acts

 

 

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1charged constitute sufficient grounds for the action under
2this Act. An order assessing a fine, an order revoking,
3suspending, placing on probation, or reprimanding a license
4or, an order denying renewal of a license shall take effect
5upon service of the order unless the licensee requests, in
6writing, within 20 days after the date of service, a hearing.
7In the event a hearing is requested, an order issued under this
8Section shall be stayed until a final administrative order is
9entered.
10    (f) If the licensee requests a hearing, then the Secretary
11shall schedule a hearing within 30 days after the request for a
12hearing unless otherwise agreed to by the parties. The
13Secretary shall have the authority to appoint an attorney duly
14licensed to practice law in the State of Illinois to serve as
15the hearing officer in any disciplinary action with regard to
16a license. The hearing officer shall have full authority to
17conduct the hearing.
18    (g) The hearing shall be held at the time and place
19designated by the Secretary.
20    (h) The Secretary shall have the authority to prescribe
21rules for the administration of this Section.
22    (i) Fines imposed and any costs assessed shall be paid
23within 60 days.
24(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
 
25    (225 ILCS 411/25-26 new)

 

 

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1    Sec. 25-26. Hearing officer. Notwithstanding any provision
2of this Act, the Secretary has the authority to appoint an
3attorney licensed to practice law in the State of Illinois to
4serve as the hearing officer in any action for refusal to issue
5or renew a license or discipline a license. The hearing
6officer shall have full authority to conduct the hearing. The
7hearing officer shall report his or her findings of fact,
8conclusions of law, and recommendations to the Secretary.
 
9    (225 ILCS 411/25-30)
10    (Section scheduled to be repealed on January 1, 2022)
11    Sec. 25-30. Hearing; motion for rehearing Consent order.
12    (a) The hearing officer appointed by the Secretary shall
13hear evidence in support of the formal charges and evidence
14produced by the licensee. At the conclusion of the hearing,
15the hearing officer shall present to the Secretary a written
16report of his or her findings of fact, conclusions of law, and
17recommendations.
18    (b) At the conclusion of the hearing, a copy of the hearing
19officer's report shall be served upon the applicant or
20licensee, either personally or as provided in this Act for the
21service of the notice of hearing. Within 20 calendar days
22after such service, the applicant or licensee may present to
23the Department a motion, in writing, for a rehearing which
24shall specify the particular grounds for rehearing. The
25Department may respond to the motion for rehearing within 20

 

 

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1calendar days after its service on the Department. If no
2motion for rehearing is filed, then upon the expiration of the
3time specified for filing such a motion, or upon denial of a
4motion for rehearing, the Secretary may enter an order in
5accordance with the recommendations of the hearing officer. If
6the applicant or licensee orders from the reporting service
7and pays for a transcript of the record within the time for
8filing a motion for rehearing, the 20 calendar day period
9within which a motion may be filed shall commence upon
10delivery of the transcript to the applicant or licensee.
11    (c) If the Secretary disagrees in any regard with the
12report of the hearing officer, the Secretary may issue an
13order contrary to the report.
14    (d) Whenever the Secretary is not satisfied that
15substantial justice has been done, the Secretary may order a
16hearing by the same or another hearing officer.
17    (e) At any point in any investigation or disciplinary
18proceeding provided for in this Act, both parties may agree to
19a negotiated consent order. The consent order shall be final
20upon signature of the Secretary.
21At any point in any investigation or disciplinary proceeding
22provided for in this Act, both parties may agree to a
23negotiated consent order. The consent order shall be final
24upon signature of the Secretary.
25(Source: P.A. 96-863, eff. 3-1-10.)
 

 

 

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1    (225 ILCS 411/25-35)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 25-35. Record of proceedings; transcript.
4    (a) The Department, at its expense, shall provide a
5certified shorthand reporter to take down the testimony and
6preserve a record of all proceedings at the hearing of any case
7in which a licensee may be revoked, suspended, placed on
8probationary status, reprimanded, fined, or subjected to other
9disciplinary action with reference to the license when a
10disciplinary action is authorized under this Act and rules.
11The notice of hearing, complaint, and all other documents in
12the nature of pleadings and written portions filed in the
13proceedings, the transcript of the testimony, the report of
14the hearing officer, and the orders of the Department shall be
15the record of the proceedings. The record may be made
16available to any person interested in the hearing upon payment
17of the fee required by Section 2105-115 of the Department of
18Professional Regulation Law shall preserve a record of all
19proceedings at the formal hearing of any case. Any notice, all
20documents in the nature of pleadings, written motions filed in
21the proceedings, the transcripts of testimony, and orders of
22the Department shall be in the record of the proceeding.
23    (b) The Department may contract for court reporting
24services, and, if it does so, the Department shall provide the
25name and contact information for the certified shorthand
26reporter who transcribed the testimony at a hearing to any

 

 

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1person interested, who may obtain a copy of the transcript of
2any proceedings at a hearing upon payment of the fee specified
3by the certified shorthand reporter.
4(Source: P.A. 96-863, eff. 3-1-10.)
 
5    (225 ILCS 411/25-90)
6    (Section scheduled to be repealed on January 1, 2022)
7    Sec. 25-90. Restoration of license from discipline.
8    (a) At any time after the successful completion of a term
9of indefinite probation, suspension, or revocation of a
10license under this Act, the Department may restore the license
11to the licensee, unless after an investigation and a hearing
12the Secretary determines that restoration is not in the public
13interest.
14    (b) Where circumstances of suspension or revocation so
15indicate, the Department may require an examination of the
16licensee prior to restoring his or her license.
17    (c) No person whose license has been revoked as authorized
18in this Act may apply for restoration of that license until
19such time as provided for in the Civil Administrative Code of
20Illinois.
21    (d) A license that has been suspended or revoked shall be
22considered non-renewed for purposes of restoration and a
23licensee restoring his or her license from suspension or
24revocation must comply with the requirements for restoration
25as set forth in Section 10-40.

 

 

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1(Source: P.A. 96-863, eff. 3-1-10.)
 
2    (225 ILCS 411/25-95)
3    (Section scheduled to be repealed on January 1, 2022)
4    Sec. 25-95. Administrative review; venue.
5    (a) All final administrative decisions of the Department
6are subject to judicial review under the Administrative Review
7Law and its rules. The term "administrative decision" is
8defined as in Section 3-101 of the Code of Civil Procedure.
9    (b) Proceedings for judicial review shall be commenced in
10the circuit court of the county in which the party applying for
11review resides, but if the party is not a resident of Illinois,
12the venue shall be in Sangamon County.
13    (c) The Department shall not be required to certify any
14record to the court or file any answer in court, or to
15otherwise appear in any court in a judicial review proceeding,
16unless and until the Department has received from the
17plaintiff payment of the costs of furnishing and certifying
18the record, which costs shall be determined by the Department.
19    (d) Failure on the part of the plaintiff to file a receipt
20in court shall be grounds for dismissal of the action.
21(Source: P.A. 96-863, eff. 3-1-10.)
 
22    (225 ILCS 411/25-105)
23    (Section scheduled to be repealed on January 1, 2022)
24    Sec. 25-105. Unlicensed practice; violations; civil

 

 

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1penalty Violations.
2    (a) Any person who practices, offers to practice, attempts
3to practice, or hold himself or herself out as a cemetery
4manager or customer service employee as provided in this Act
5without being licensed or exempt under this Act shall, in
6addition to any other penalty provided by law, pay a civil
7penalty to the Department in an amount not to exceed $10,000
8for each offense, as determined by the Department. The civil
9penalty shall be assessed by the Department after a hearing is
10held in accordance with the provision set forth in this Act
11regarding the provision of a hearing for the discipline of a
12licensee.
13    (b) The Department may investigate any actual, alleged, or
14suspected unlicensed activity.
15    (c) The civil penalty shall be paid within 60 days after
16the effective date of the order imposing the civil penalty.
17The order shall constitute a judgment and may be filed and
18execution had thereon in the same manner as any judgment from
19any court of record.
20    (d) A person or entity not licensed under this Act who has
21violated any provision of this Act or its rules is guilty of a
22Class A misdemeanor for the first offense and a Class 4 felony
23for a second and subsequent offenses.
24Each of the following acts is a Class A misdemeanor for the
25first offense and a Class 4 felony for each subsequent
26offense:

 

 

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1        (1) the practice of or attempted practice of or
2    holding out as available to practice as a cemetery
3    authority, cemetery manager, or customer service employee
4    without a license; or
5        (2) the obtaining of or the attempt to obtain any
6    license or authorization under this Act by fraud or
7    misrepresentation.
8(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
 
9    (225 ILCS 411/25-115)
10    (Section scheduled to be repealed on January 1, 2022)
11    Sec. 25-115. Illinois Administrative Procedure Act;
12application. The Illinois Administrative Procedure Act is
13expressly adopted and incorporated in this Act as if all of the
14provisions of that Act were included in this Act, except that
15the provision of paragraph (d) of Section 10-65 of the
16Illinois Administrative Procedure Act, which provides that at
17hearings the licensee has the right to show compliance with
18all lawful requirements for retention or continuation or
19renewal of the license, is specifically excluded. The
20Department shall not be required to annually verify email
21addresses as specified in paragraph (a) of subsection (2) of
22Section 10-75 of the Illinois Administrative Procedure Act.
23For the purpose of this Act, the notice required under Section
2410-25 of the Illinois Administrative Procedure Act is
25considered sufficient when mailed to the address of record or

 

 

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1emailed to the email address of record.
2(Source: P.A. 96-863, eff. 3-1-10.)
 
3    (225 ILCS 411/35-5)
4    (Section scheduled to be repealed on January 1, 2022)
5    Sec. 35-5. Penalties. Cemetery authorities shall respect
6the rights of consumers of cemetery products and services as
7put forth in this Article. Failure to abide by the cemetery
8duties listed in this Article or to comply with a request by a
9consumer based on a consumer's privileges under this Article
10may activate the mediation, citation, or disciplinary
11processes in Article 25 of this Act.
12(Source: P.A. 96-863, eff. 3-1-10.)
 
13    (225 ILCS 411/35-15)
14    (Section scheduled to be repealed on January 1, 2022)
15    Sec. 35-15. Cemetery duties.
16    (a) Prices for all cemetery-related products offered for
17sale by the cemetery authority must be disclosed to the
18consumer in writing on a standardized price list.
19Memorialization pricing may be disclosed in price ranges. The
20price list shall include the effective dates of the prices.
21The price list shall include not only the range of interment,
22inurnment, and entombment rights, and the cost of extending
23the term of any term burial, but also any related merchandise
24or services offered by the cemetery authority. Charges for

 

 

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1installation of markers, monuments, and vaults in cemeteries
2must be the same without regard to where the item is purchased.
3    (b) A contract for the interment, inurnment, or entombment
4of human remains must be signed by both parties: the consumer
5and the cemetery authority or its representative. Such
6signature shall be personally signed by the signor on either
7paper or electronic format and shall not include a stamp or
8electronic facsimile of the signature. Before a contract is
9signed, the prices for the purchased services and merchandise
10must be disclosed on the contract and in plain language. If a
11contract is for a term burial, the term, the option to extend
12the term, and the subsequent disposition of the human remains
13post-term must be in bold print and discussed with the
14consumer. Any contract for the sale of a burial plot, when
15designated, must disclose the exact location of the burial
16plot based on the survey of the cemetery map or plat on file
17with the cemetery authority.
18    (c) A cemetery authority that has the legal right to
19extend a term burial shall, prior to disinterment, provide the
20family or other authorized agent under the Disposition of
21Remains Act the opportunity to extend the term of a term burial
22for the cost as stated on the cemetery authority's current
23price list. Regardless of whether the family or other
24authorized agent chooses to extend the term burial, the
25cemetery authority shall, prior to disinterment, provide
26notice to the family or other authorized agent under the

 

 

10200HB0806sam001- 227 -LRB102 02614 SPS 26970 a

1Disposition of Remains Act of the cemetery authority's
2intention to disinter the remains and to inter different human
3remains in that space.
4    (d) If any rules or regulations, including the operational
5or maintenance requirements, of a cemetery change after the
6date a contract is signed for the purchase of cemetery-related
7or funeral-related products or services, the cemetery may not
8require the consumer, purchaser, or such individual's relative
9or representative to purchase any merchandise or service not
10included in the original contract or in the rules and
11regulations in existence when the contract was entered unless
12the purchase is reasonable or required to make the cemetery
13authority compliant with applicable law.
14    (e) No cemetery authority or its agent may engage in
15deceptive or unfair practices. The cemetery authority and its
16agents may not misrepresent legal or cemetery requirements.
17    (f) The Department may adopt rules regarding green burial
18certification, green cremation products and methods, and
19consumer education.
20    (g) The contractual requirements contained in this Section
21only apply to contracts executed after the effective date of
22this Act.
23(Source: P.A. 96-863, eff. 3-1-10.)
 
24    (225 ILCS 411/75-45)
25    (Section scheduled to be repealed on January 1, 2022)

 

 

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1    Sec. 75-45. Fees. The Department shall by rule provide for
2fees for the administration and enforcement of this Act, and
3those fees are nonrefundable. All of the fees, and fines, and
4all other moneys collected under this Act and fees collected
5on behalf of the Department under subsection (1) of Section 25
6of the Vital Records Act shall be deposited into the Cemetery
7Oversight Licensing and Disciplinary Fund and be appropriated
8to the Department for the ordinary and contingent expenses of
9the Department in the administration and enforcement of this
10Act.
11(Source: P.A. 96-863, eff. 3-1-10.)
 
12    (225 ILCS 411/25-1 rep.)
13    (225 ILCS 411/25-50 rep.)
14    (225 ILCS 411/25-55 rep.)
15    (225 ILCS 411/25-60 rep.)
16    (225 ILCS 411/25-100 rep.)
17    (225 ILCS 411/25-110 rep.)
18    (225 ILCS 411/25-120 rep.)
19    (225 ILCS 411/25-125 rep.)
20    (225 ILCS 411/75-20 rep.)
21    (225 ILCS 411/75-35 rep.)
22    Section 45. The Cemetery Oversight Act is amended by
23repealing Sections 25-1, 25-50, 25-55, 25-60, 25-100, 25-110,
2425-120, 25-125, 75-20, and 75-35.
 

 

 

10200HB0806sam001- 229 -LRB102 02614 SPS 26970 a

1    Section 50. The Community Association Manager Licensing
2and Disciplinary Act is amended by changing Sections 10, 15,
320, 25, 27, 30, 40, 45, 50, 55, 60, 65, 70, 75, 85, 90, 92, 95,
4115, 120, 140, 145, 155, and 165 and by adding Sections 12, 41,
585.1, 86, 161, and 162 as follows:
 
6    (225 ILCS 427/10)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 10. Definitions. As used in this Act:
9    "Address of record" means the designated street address,
10which may not be a post office box, recorded by the Department
11in the applicant's or licensee's application file or license
12file maintained by the Department Department's licensure
13maintenance unit. It is the duty of the applicant or licensee
14to inform the Department of any change of address, and such
15changes must be made either through the Department's website
16or by contacting the Department's licensure maintenance unit.
17    "Advertise" means, but is not limited to, issuing or
18causing to be distributed any card, sign or device to any
19person; or causing, permitting or allowing any sign or marking
20on or in any building, structure, newspaper, magazine or
21directory, or on radio or television; or advertising by any
22other means designed to secure public attention, including,
23but not limited to, print, electronic, social media, and
24digital forums.
25    "Board" means the Community Association Manager Licensing

 

 

10200HB0806sam001- 230 -LRB102 02614 SPS 26970 a

1and Disciplinary Board.
2    "Community association" means an association in which
3membership is a condition of ownership or shareholder interest
4of a unit in a condominium, cooperative, townhouse, villa, or
5other residential unit which is part of a residential
6development plan and that is authorized to impose an
7assessment, rents, or other costs that may become a lien on the
8unit or lot.
9    "Community association funds" means any assessments, fees,
10fines, or other funds collected by the community association
11manager from the community association, or its members, other
12than the compensation paid to the community association
13manager for performance of community association management
14services.
15    "Community association management firm" means a company,
16corporation, limited liability company, partnership, or other
17entity that engages in community association management
18services.
19    "Community association management services" means those
20services listed in the definition of community association
21manager in this Section.
22    "Community association manager" means an individual who:
23        (1) has an ownership interest in or is employed by a
24    community association management firm, or is directly
25    employed by or provides services as an independent
26    contractor to a community association; and

 

 

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1        (2) administers for remuneration the financial,
2    administrative, maintenance, or other duties for the
3    community association, including the following services:
4            (A) collecting, controlling or disbursing funds of
5        the community association or having the authority to
6        do so;
7            (B) preparing budgets or other financial documents
8        for the community association;
9            (C) assisting in the conduct of community
10        association meetings;
11            (D) maintaining association records; and
12            (E) administering administrating association
13        contracts or procuring goods and services in
14        accordance with , as stated in the declaration, bylaws,
15        proprietary lease, declaration of covenants, or other
16        governing document of the community association or at
17        the direction of the board of managers; and
18            (F) coordinating financial, administrative,
19        maintenance, or other duties called for in the
20        management contract, including individuals who are
21        direct employees of the community association.
22    "Community association manager" does not mean support
23staff, including, but not limited to bookkeepers,
24administrative assistants, secretaries, property inspectors,
25or customer service representatives.
26    "Department" means the Department of Financial and

 

 

10200HB0806sam001- 232 -LRB102 02614 SPS 26970 a

1Professional Regulation.
2    "Designated community association manager" means a
3licensed community association manager who: (1) has an
4ownership interest in or is employed by a community
5association management firm to act as a controlling person;
6and (2) is the authorized signatory or has delegated signing
7authority for the firm on community association accounts; and
8(3) supervises, manages, and is responsible for the firm's
9community association manager activities pursuant to Section
1050 of this Act.
11    "Email address of record" means the designated email
12address recorded by the Department in the applicant's
13application file or the licensee's license file, as maintained
14by the Department.
15    "License" means the privilege conferred by the Department
16to a person that has fulfilled all requirements prerequisite
17to any type of licensure under this Act license issued to a
18person, corporation, partnership, limited liability company,
19or other legal entity under this Act to provide community
20association management services.
21    "Licensee" means a community association manager or a
22community association management firm.
23    "Person" means any individual, corporation, partnership,
24limited liability company, or other legal entity.
25    "Secretary" means the Secretary of Financial and
26Professional Regulation or the Secretary's designee.

 

 

10200HB0806sam001- 233 -LRB102 02614 SPS 26970 a

1    "Supervising community association manager" means an
2individual licensed as a community association manager who
3manages and supervises a firm.
4(Source: P.A. 100-201, eff. 8-18-17.)
 
5    (225 ILCS 427/12 new)
6    Sec. 12. Address of record; email address of record. All
7applicants and licensees shall:
8        (1) provide a valid address and email address to the
9    Department, which shall serve as the address of record and
10    email address of record, respectively, at the time of
11    application for licensure or renewal of a license; and
12        (2) inform the Department of any change of address of
13    record or email address of record within 14 days after
14    such change through the Department's website or in a
15    manner prescribed by the Department.
 
16    (225 ILCS 427/15)
17    (Section scheduled to be repealed on January 1, 2022)
18    Sec. 15. License required. It shall be unlawful for any
19person, corporation, partnership, limited liability company,
20or other entity to provide community association management
21services, provide services as a community association manager,
22or hold the person himself, herself, or itself out as a
23community association manager or community association
24management firm to any community association in this State,

 

 

10200HB0806sam001- 234 -LRB102 02614 SPS 26970 a

1unless the person holds he, she, or it holds a current and
2valid license issued licensed by the Department or the person
3is otherwise exempt from licensure under this Act.
4(Source: P.A. 98-365, eff. 1-1-14.)
 
5    (225 ILCS 427/20)
6    (Section scheduled to be repealed on January 1, 2022)
7    Sec. 20. Exemptions.
8    (a) The requirement for holding a license under this Act
9shall not apply to any of the following:
10        (1) Any director or , officer, or member of a community
11    association providing one or more of the services of a
12    community association manager to a community association
13    without compensation for such services to the association.
14        (2) Any person, corporation, partnership, or limited
15    liability company providing one or more of the services of
16    a community association manager to a community association
17    of 10 units or less.
18        (3) A licensed attorney acting solely as an incident
19    to the practice of law.
20        (4) An individual A person acting as a receiver,
21    trustee in bankruptcy, administrator, executor, or
22    guardian acting under a court order or under the authority
23    of a court will or of a trust instrument.
24        (5) A person licensed in this State under any other
25    Act who engages in practices or activities specifically

 

 

10200HB0806sam001- 235 -LRB102 02614 SPS 26970 a

1    authorized by the Act pursuant to which the license was
2    granted from engaging the practice for which he or she is
3    licensed.
4    (b) A licensed community association manager may not
5perform or engage in any activities for which a real estate
6managing broker, or real estate broker, or residential leasing
7agent broker's license is required under the Real Estate
8License Act of 2000, unless the licensee he or she also
9possesses a current and valid license under the Real Estate
10License Act of 2000 and is providing those services as
11provided for in the Real Estate License Act of 2000 and the
12applicable rules.
13    (c) (Blank). A person may temporarily act as, or provide
14services as, a community association manager without being
15licensed under this Act if the person (i) is a community
16association manager regulated under the laws of another state
17or territory of the United States or another country and (ii)
18has applied in writing to the Department, on forms prepared
19and furnished by the Department, for licensure under this Act.
20This temporary right to act as a community association manager
21shall expire 6 months after the filing of his or her written
22application to the Department; upon the withdrawal of the
23application for licensure under this Act; or upon delivery of
24a notice of intent to deny the application from the
25Department; or upon the denial of the application by the
26Department, whichever occurs first.

 

 

10200HB0806sam001- 236 -LRB102 02614 SPS 26970 a

1(Source: P.A. 98-365, eff. 1-1-14.)
 
2    (225 ILCS 427/25)
3    (Section scheduled to be repealed on January 1, 2022)
4    Sec. 25. Community Association Manager Licensing and
5Disciplinary Board.
6    (a) There is hereby created the Community Association
7Manager Licensing and Disciplinary Board, which shall consist
8of 7 members appointed by the Secretary. All members must be
9residents of the State and must have resided in the State for
10at least 5 years immediately preceding the date of
11appointment. Five members of the Board must be licensees under
12this Act, at least two members of which shall be supervising
13community association managers. Two members of the Board shall
14be owners of, or hold a shareholder's interest in, a unit in a
15community association at the time of appointment who are not
16licensees under this Act and have no direct affiliation or
17work experience with the community association's community
18association manager. This Board shall act in an advisory
19capacity to the Department.
20    (b) The term of each member Members serving on the Board on
21the effective date of this amendatory Act of the 100th General
22Assembly may serve the remainder of their unexpired terms.
23Thereafter, the members' terms shall be for 4 years or until
24that member's successor is appointed and expire upon
25completion of the term. No member shall be reappointed to the

 

 

10200HB0806sam001- 237 -LRB102 02614 SPS 26970 a

1Board for a term that would cause the member's his or her
2cumulative service to the Board to exceed 10 years.
3Appointments to fill vacancies shall be made by the Secretary
4for the unexpired portion of the term. The Secretary shall
5remove from the Board any member whose license has become void
6or has been revoked or suspended and may remove any member of
7the Board for neglect of duty, misconduct, or incompetence. A
8member who is subject to formal disciplinary proceedings shall
9be disqualified disqualify himself or herself from all Board
10business until the charge is resolved. A member also shall be
11disqualified disqualify himself or herself from any matter on
12which the member cannot act objectively.
13    (c) Four Board members shall constitute a quorum. A quorum
14is required for all Board decisions.
15    (d) The Board shall elect annually, at its first meeting
16of the fiscal year, a chairperson and vice chairperson.
17    (e) Each member shall receive reimbursement as set by the
18Governor's Travel Control Board for expenses incurred in
19carrying out the duties as a Board member. The Board shall be
20compensated as determined by the Secretary.
21    (f) The Board may recommend policies, procedures, and
22rules relevant to the administration and enforcement of this
23Act.
24(Source: P.A. 100-886, eff. 8-14-18.)
 
25    (225 ILCS 427/27)

 

 

10200HB0806sam001- 238 -LRB102 02614 SPS 26970 a

1    (Section scheduled to be repealed on January 1, 2022)
2    Sec. 27. Immunity from liability. Any member of the Board,
3any attorney providing advice to the Board or Department, any
4person acting as a consultant to the Board or Department, and
5any witness testifying in a proceeding authorized under this
6Act, excluding the party making the complaint, shall be immune
7from liability in any civil action brought against him or her
8for acts occurring while acting in one's his or her capacity as
9a Board member, attorney, consultant, or witness,
10respectively, unless the conduct that gave rise to the action
11was willful or wanton misconduct.
12(Source: P.A. 98-365, eff. 1-1-14.)
 
13    (225 ILCS 427/30)
14    (Section scheduled to be repealed on January 1, 2022)
15    Sec. 30. Powers and duties of the Department. The
16Department may exercise the following functions, powers and
17duties:
18        (a) formulate rules for the administration and
19    enforcement of this Act;
20        (b) prescribe forms to be issued for the
21    administration and enforcement of this Act and utilize
22    regular or electronic mail, at the discretion of the
23    Department, to send notices and other information to
24    applicants and licensees;
25        (c) conduct hearings or proceedings to refuse to issue

 

 

10200HB0806sam001- 239 -LRB102 02614 SPS 26970 a

1    or , renew, or to suspend, revoke, place on probation,
2    reprimand, or take disciplinary or non-disciplinary action
3    as the Department may deem appropriate under this Act;
4        (d) (blank); maintain a roster of the names and
5    addresses of all licensees in a manner as deemed
6    appropriate by the Department; and
7        (e) seek the advice and expert knowledge of the Board
8    on any matter relating to the administration and
9    enforcement of this Act; and .
10        (f) exercise any and all general powers and duties set
11    forth in Section 2105-15 of the Department of Professional
12    Regulation Law of the Civil Administrative Code of
13    Illinois.
14(Source: P.A. 96-726, eff. 7-1-10.)
 
15    (225 ILCS 427/40)
16    (Section scheduled to be repealed on January 1, 2022)
17    Sec. 40. Qualifications for licensure as a community
18association manager.
19    (a) No person shall be qualified for licensure as a
20community association manager under this Act, unless the
21person he or she has applied in writing on the prescribed forms
22and has paid the required, nonrefundable fees and has met
23meets all of the following qualifications:
24        (1) Is He or she is at least 18 years of age.
25        (1.5) Successfully completed a 4-year course of study

 

 

10200HB0806sam001- 240 -LRB102 02614 SPS 26970 a

1    in a high school, secondary school, or an equivalent
2    course of study approved by the state in which the school
3    is located, or possess a high school equivalency
4    certificate, which shall be verified under oath by the
5    applicant.
6        (2) Provided He or she provides satisfactory evidence
7    of having completed at least 20 classroom hours in
8    community association management courses approved by the
9    Board.
10        (3) Passed He or she has passed an examination
11    authorized by the Department.
12        (4) Has He or she has not committed an act or acts, in
13    this or any other jurisdiction, that would be a violation
14    of this Act.
15        (5) Is He or she is of good moral character. In
16    determining moral character under this Section, the
17    Department may take into consideration whether the
18    applicant has engaged in conduct or activities that would
19    constitute grounds for discipline under this Act. Good
20    moral character is a continuing requirement of licensure.
21    Conviction of crimes may be used in determining moral
22    character, but shall not constitute an absolute bar to
23    licensure.
24        (6) Has He or she has not been declared by any court of
25    competent jurisdiction to be incompetent by reason of
26    mental or physical defect or disease, unless a court has

 

 

10200HB0806sam001- 241 -LRB102 02614 SPS 26970 a

1    subsequently declared by a court him or her to be
2    competent.
3        (7) Complies He or she complies with any additional
4    qualifications for licensure as determined by rule of the
5    Department.
6    (b) (Blank). The education requirement set forth in item
7(2) of subsection (a) of this Section shall not apply to
8persons holding a real estate managing broker or real estate
9broker license in good standing issued under the Real Estate
10License Act of 2000.
11    (c) (Blank). The examination and initial education
12requirement of items (2) and (3) of subsection (a) of this
13Section shall not apply to any person who within 6 months from
14the effective date of the requirement for licensure, as set
15forth in Section 170 of this Act, applies for a license by
16providing satisfactory evidence to the Department of
17qualifying experience or education, as may be set forth by
18rule, including without limitation evidence that he or she has
19practiced community association management for a period of 5
20years.
21    (d) Applicants have 3 years from the date of application
22to complete the application process. If the process has not
23been completed within the 3 years, the application shall be
24denied, the fee shall be forfeited, and the applicant must
25reapply and meet the requirements in effect at the time of
26re-application.

 

 

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1    (e) The Department shall not require applicants to report
2the following information and shall not consider the following
3criminal history records in connection with an application for
4licensure:
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    that Act;
9        (2) law enforcement records, court records, and
10    conviction records of an individual who was 17 years old
11    at the time of the offense and before January 1, 2014,
12    unless the nature of the offense required the individual
13    to be tried as an adult;
14        (3) records of arrest not followed by a charge or
15    conviction;
16        (4) records of arrest in which the charges were
17    dismissed unless related to the practice of the
18    profession; however, applicants shall not be asked to
19    report any arrests, and an arrest not followed by a
20    conviction shall not be the basis of a denial and may be
21    used only to assess an applicant's rehabilitation;
22        (5) convictions overturned by a higher court; or
23        (6) convictions or arrests that have been sealed or
24    expunged.
25    (f) An applicant or licensee shall report to the
26Department, in a manner prescribed by the Department, and

 

 

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1within 30 days after the occurrence if during the term of
2licensure: (i) any conviction of or plea of guilty or nolo
3contendere to forgery, embezzlement, obtaining money under
4false pretenses, larceny, extortion, conspiracy to defraud, or
5any similar offense or offenses or any conviction of a felony
6involving moral turpitude; (ii) the entry of an administrative
7sanction by a government agency in this State or any other
8jurisdiction that has as an essential element dishonesty or
9fraud or involves larceny, embezzlement, or obtaining money,
10property, or credit by false pretenses; or (iii) any
11conviction of or plea of guilty or nolo contendere to a crime
12that subjects the licensee to compliance with the requirements
13of the Sex Offender Registration Act.
14(Source: P.A. 100-892, eff. 8-14-18.)
 
15    (225 ILCS 427/41 new)
16    Sec. 41. Qualifications for licensure as a community
17association management firm. Any person who desires to obtain
18a community association management firm license must:
19        (1) apply to the Department on forms prescribed by the
20    Department and pay the required fee;
21        (2) provide evidence to the Department that the
22    community association management firm has a licensed and
23    designated community association manager;
24        (3) be authorized to conduct business in the State of
25    Illinois and provide proof of such authorization to the

 

 

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1    Department; and
2        (4) comply with all requirements as may be set forth
3    by rule.
 
4    (225 ILCS 427/45)
5    (Section scheduled to be repealed on January 1, 2022)
6    Sec. 45. Examinations.
7    (a) The Department shall authorize examinations of
8applicants for licensure as a community association manager at
9such times and places as it may determine. The examination of
10applicants shall be of a character to give a fair test of the
11qualifications of the applicant to practice as a community
12association manager.
13    (b) Applicants for examination shall be required to pay,
14either to the Department or the designated testing service, a
15fee covering the cost of providing the examination.
16    (c) The Department may employ consultants to prepare and
17conduct for the purpose of preparing and conducting
18examinations.
19    (d) An applicant shall be eligible to take the examination
20only after successfully completing the education requirements
21set forth in this Act and attaining the minimum education and
22age required under this Act.
23    (e) (Blank). The examination approved by the Department
24should utilize the basic principles of professional testing
25standards utilizing psychometric measurement. The examination

 

 

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1shall use standards set forth by the National Organization for
2Competency Assurances and shall be approved by the Department.
3(Source: P.A. 96-726, eff. 7-1-10.)
 
4    (225 ILCS 427/50)
5    (Section scheduled to be repealed on January 1, 2022)
6    Sec. 50. Community association management firm.
7    (a) No corporation, partnership, limited liability
8company, or other legal entity shall provide or offer to
9provide community association management services, unless it
10has applied in writing on the prescribed forms and has paid the
11required nonrefundable fees and provided evidence to the
12Department that the firm has designated a licensed supervising
13community association manager to supervise and manage the
14firm. Having a A designated supervising community association
15manager shall be a continuing requirement of firm licensure.
16No supervising community association manager may be the
17supervising community association manager for more than one
18firm.
19    (b) Any corporation, partnership, limited liability
20company, or other legal entity that is providing, or offering
21to provide, community association management services and is
22not in compliance with this Section 50 and other provisions of
23this Act shall be subject to the civil penalties fines,
24injunctions, cease and desist provisions, and penalties
25provided for in Sections 90, 92, and 155 of this Act.

 

 

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1    (c) No community association manager may be the designated
2community association manager licensee-in-charge for more than
3one firm, corporation, limited liability company, partnership,
4or other legal entity. The designated community association
5manager shall supervise and manage all licensed and unlicensed
6employees acting on behalf of the community association
7management firm. The designated community association manager
8shall supervise and manage all independent contractors
9providing community association management services on behalf
10of the community association management firm. The community
11association management firm and the designated community
12association manager shall be responsible for all actions of
13which they had knowledge taken on behalf of the community
14association management firm.
15    (d) The Department may adopt rules and set all necessary
16requirements for the implementation of this Section.
17(Source: P.A. 98-365, eff. 1-1-14.)
 
18    (225 ILCS 427/55)
19    (Section scheduled to be repealed on January 1, 2022)
20    Sec. 55. Fidelity insurance; segregation of accounts.
21    (a) The designated supervising community association
22manager or the community association management firm that
23employs the designated community association manager with
24which he or she is employed shall not have access to and
25disburse community association funds unless each of the

 

 

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1following conditions occur:
2        (1) There is fidelity insurance in place to insure
3    against loss or for theft of community association funds.
4        (2) The fidelity insurance is in the maximum amount of
5    coverage available to protect funds in the custody or not
6    less than all moneys under the control of the designated
7    supervising community association manager or the employing
8    community association management firm providing service to
9    for the association.
10        (3) During the term and coverage period of the
11    insurance, the The fidelity insurance shall cover covers
12    the :
13            (A) the designated community association manager; ,
14        supervising community association manager, and
15            (B) the community association management firm;
16            (C) all community association managers;
17            (D) all all partners, officers, and employees of
18        the community association management firm; and during
19        the term of the insurance coverage, which shall be at
20        least for the same term as the service agreement
21        between the community association management firm or
22        supervising community association manager as well as
23            (E) the community association officers, directors,
24        and employees.
25        (4) The insurance company issuing the fidelity
26    insurance may not cancel or refuse to renew the bond

 

 

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1    without giving at least 10 days' prior written notice.
2        (5) Unless an agreement between the community
3    association and the designated supervising community
4    association manager or the community association
5    management firm provides to the contrary, a community
6    association may secure and pay for the fidelity insurance
7    required by this Section. The designated supervising
8    community association manager, all other licensees, and or
9    the community association management firm must be named as
10    additional insured parties on the community association
11    policy.
12    (b) A community association management firm that provides
13community association management services for more than one
14community association shall maintain separate, segregated
15accounts for each community association or, with the consent
16of the community association, combine the accounts of one or
17more community associations, but in that event, separately
18account for the funds of each community association. The funds
19shall not, in any event, be commingled with the supervising
20community association manager's or community association
21management firm's funds. The funds shall not, in any event, be
22commingled with the funds of the community association
23manager, the community association management firm, or any
24other community association. The maintenance of such accounts
25shall be custodial, and such accounts shall be in the name of
26the respective community association or community association

 

 

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1manager or Community Association Management Agency as the
2agent for the association.
3    (c) The designated supervising community association
4manager or community association management firm shall obtain
5the appropriate general liability and errors and omissions
6insurance, as determined by the Department, to cover any
7losses or claims against a the supervising community
8association manager, the designated community association
9manager, or the community association management firm.
10    (d) The Department shall have authority to promulgate
11additional rules regarding insurance, fidelity insurance and
12all accounts maintained and to be maintained by a community
13association manager, designated supervising community
14association manager, or community association management firm.
15(Source: P.A. 98-365, eff. 1-1-14.)
 
16    (225 ILCS 427/60)
17    (Section scheduled to be repealed on January 1, 2022)
18    Sec. 60. Licenses; renewals; restoration; person in
19military service.
20    (a) The expiration date, fees, and renewal period for each
21license issued under this Act shall be set by rule. The
22Department may promulgate rules requiring continuing education
23and set all necessary requirements for such, including but not
24limited to fees, approved coursework, number of hours, and
25waivers of continuing education.

 

 

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1    (b) Any licensee who has an expired permitted his, her, or
2its license to expire may have the license restored by
3applying making application to the Department and filing proof
4acceptable to the Department of fitness to have the expired
5his, her, or its license restored, by which may include sworn
6evidence certifying to active practice in another jurisdiction
7satisfactory to the Department, complying with any continuing
8education requirements, and paying the required restoration
9fee.
10    (c) Any If the person has not maintained an active
11practice in another jurisdiction satisfactory to the
12Department, the Department shall determine, by an evaluation
13program established by rule, the person's fitness to resume
14active status and may require the person to complete a period
15of evaluated clinical experience and successful completion of
16a practical examination. However, any person whose license
17expired while (i) in federal service on active duty with the
18Armed Forces of the United States or called into service or
19training with the State Militia or (ii) in training or
20education under the supervision of the United States
21preliminary to induction into the military service may have
22the his or her license renewed or restored without paying any
23lapsed renewal fees if, within 2 years after honorable
24termination of the service, training or education, except
25under condition other than honorable, the licensee he or she
26furnishes the Department with satisfactory evidence of

 

 

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1engagement to the effect that he or she has been so engaged and
2that the service, training, or education has been so honorably
3terminated.
4    (d) A community association manager or , community
5association management firm that or supervising community
6association manager who notifies the Department, in a manner
7writing on forms prescribed by the Department, may place the
8his, her, or its license on inactive status for a period not to
9exceed 2 years and shall be excused from the payment of renewal
10fees until the person notifies the Department in writing of
11the intention to resume active practice.
12    (e) A community association manager, community association
13management firm, or supervising community association manager
14requesting that the his, her, or its license be changed from
15inactive to active status shall be required to pay the current
16renewal fee and shall also demonstrate compliance with the
17continuing education requirements.
18    (f) No Any licensee with a nonrenewed or on inactive
19license status or community association management firm
20operation without a designated community association manager
21shall not provide community association management services as
22set forth in this Act.
23    (g) Any person violating subsection (f) of this Section
24shall be considered to be practicing without a license and
25will be subject to the disciplinary provisions of this Act.
26    (h) The Department shall not renew a license if the

 

 

10200HB0806sam001- 252 -LRB102 02614 SPS 26970 a

1licensee has an unpaid fine from a disciplinary matter or an
2unpaid fee from a non-disciplinary action imposed by the
3Department until the fine or fee is paid to the Department or
4the licensee has entered into a payment plan and is current on
5the required payments.
6    (i) The Department shall not issue a license if the
7applicant has an unpaid fine imposed by the Department for
8unlicensed practice until the fine is paid to the Department
9or the applicant has entered into a payment plan and is current
10on the required payments.
11(Source: P.A. 98-365, eff. 1-1-14.)
 
12    (225 ILCS 427/65)
13    (Section scheduled to be repealed on January 1, 2022)
14    Sec. 65. Fees; Community Association Manager Licensing and
15Disciplinary Fund.
16    (a) The fees for the administration and enforcement of
17this Act, including, but not limited to, initial licensure,
18renewal, and restoration, shall be set by rule of the
19Department. The fees shall be nonrefundable.
20    (b) In addition to the application fee, applicants for the
21examination are required to pay, either to the Department or
22the designated testing service, a fee covering the cost of
23determining an applicant's eligibility and providing the
24examination. Failure to appear for the examination on the
25scheduled date, at the time and place specified, after the

 

 

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1applicant's application and fee for examination have been
2received and acknowledged by the Department or the designated
3testing service, shall result in the forfeiture of the fee.
4    (c) All fees, fines, penalties, or other monies received
5or collected pursuant to this Act shall be deposited in the
6Community Association Manager Licensing and Disciplinary Fund.
7    (d) Moneys in the Community Association Manager Licensing
8and Disciplinary Fund may be transferred to the Professions
9Indirect Cost Fund, as authorized under Section 2105-300 of
10the Department of Professional Regulation Law of the Civil
11Administrative Code of Illinois.
12(Source: P.A. 97-1021, eff. 8-17-12; 98-365, eff. 1-1-14.)
 
13    (225 ILCS 427/70)
14    (Section scheduled to be repealed on January 1, 2022)
15    Sec. 70. Penalty for insufficient funds; payments. Any
16person who:
17        (1) delivers a check or other payment to the
18    Department that is returned to the Department unpaid by
19    the financial institution upon which it is drawn; or
20        (2) presents a credit or debit card for payment that
21    is invalid or expired or against which charges by the
22    Department are declined or dishonored;
23shall pay to the Department, in addition to the amount already
24owed to the Department, a fine of $50. The Department shall
25notify the person that payment of fees and fines shall be paid

 

 

10200HB0806sam001- 254 -LRB102 02614 SPS 26970 a

1to the Department by certified check or money order within 30
2calendar days after notification. If, after the expiration of
330 days from the date of the notification, the person has
4failed to submit the necessary remittance, the Department
5shall automatically terminate the license or deny the
6application, without hearing. After If, after termination or
7denial, the person seeking seeks a license, he, she, or it
8shall apply to the Department for restoration or issuance of
9the license and pay all fees and fines due to the Department.
10The Department may establish a fee for the processing of an
11application for restoration of a license to pay all expenses
12of processing this application. The Secretary may waive the
13fines due under this Section in individual cases where the
14Secretary finds that the fines would be unreasonable or
15unnecessarily burdensome.
16(Source: P.A. 98-365, eff. 1-1-14.)
 
17    (225 ILCS 427/75)
18    (Section scheduled to be repealed on January 1, 2022)
19    Sec. 75. Endorsement. The Department may issue a
20community association manager or supervising community
21association manager license, without the required examination,
22to an applicant licensed under the laws of another state if the
23requirements for licensure in that state are, on the date of
24licensure, substantially equal to the requirements of this Act
25or to a person who, at the time of his or her application for

 

 

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1licensure, possessed individual qualifications that were
2substantially equivalent to the requirements then in force in
3this State. An applicant under this Section shall pay all of
4the required fees.
5    All applicants under this Act Applicants have 3 years from
6the date of application to complete the application process.
7If the process has not been completed within the 3 years, the
8application shall be denied, the fee shall be forfeited, and
9the applicant must reapply and meet the requirements in effect
10at the time of reapplication.
11(Source: P.A. 98-365, eff. 1-1-14.)
 
12    (225 ILCS 427/85)
13    (Section scheduled to be repealed on January 1, 2022)
14    Sec. 85. Grounds for discipline; refusal, revocation, or
15suspension.
16    (a) The Department may refuse to issue or renew a license,
17or may place on probation, reprimand, suspend, or revoke any
18license, or take any other disciplinary or non-disciplinary
19action as the Department may deem proper and impose a fine not
20to exceed $10,000 for each violation upon any licensee or
21applicant under this Act or any person or entity who holds
22oneself himself, herself, or itself out as an applicant or
23licensee for any one or combination of the following causes:
24        (1) Material misstatement in furnishing information to
25    the Department.

 

 

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1        (2) Violations of this Act or its rules.
2        (3) Conviction of or entry of a plea of guilty or plea
3    of nolo contendere, as set forth in subsection (f) of
4    Section 40, to (i) a felony or a misdemeanor under the laws
5    of the United States, any state, or any other jurisdiction
6    or entry of an administrative sanction by a government
7    agency in this State or any other jurisdiction or (ii) a
8    crime that subjects the licensee to compliance with the
9    requirements of the Sex Offender Registration Act; or the
10    entry of an administrative sanction by a government agency
11    in this State or any other jurisdiction. Action taken
12    under this paragraph (3) for a misdemeanor or an
13    administrative sanction is limited to a misdemeanor or
14    administrative sanction that has as an essential element
15    dishonesty or fraud, that involves larceny, embezzlement,
16    or obtaining money, property, or credit by false pretenses
17    or by means of a confidence game, or that is directly
18    related to the practice of the profession.
19        (4) Making any misrepresentation for the purpose of
20    obtaining a license or violating any provision of this Act
21    or its rules.
22        (5) Professional incompetence.
23        (6) Gross negligence.
24        (7) Aiding or assisting another person in violating
25    any provision of this Act or its rules.
26        (8) Failing, within 30 days, to provide information in

 

 

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1    response to a request made by the Department.
2        (9) Engaging in dishonorable, unethical, or
3    unprofessional conduct of a character likely to deceive,
4    defraud or harm the public as defined by the rules of the
5    Department, or violating the rules of professional conduct
6    adopted by the Department.
7        (10) Habitual or excessive use or addiction to
8    alcohol, narcotics, stimulants, or any other chemical
9    agent or drug that results in the inability to practice
10    with reasonable judgment, skill, or safety.
11        (11) Having been disciplined by another state, the
12    District of Columbia, a territory, a foreign nation, or a
13    governmental agency authorized to impose discipline if at
14    least one of the grounds for the discipline is the same or
15    substantially equivalent of one of the grounds for which a
16    licensee may be disciplined under this Act. A certified
17    copy of the record of the action by the other state or
18    jurisdiction shall be prima facie evidence thereof.
19        (12) Directly or indirectly giving to or receiving
20    from any person, firm, corporation, partnership or
21    association any fee, commission, rebate, or other form of
22    compensation for any professional services not actually or
23    personally rendered.
24        (13) A finding by the Department that the licensee,
25    after having the his, her, or its license placed on
26    probationary status, has violated the terms of probation.

 

 

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1        (14) Willfully making or filing false records or
2    reports relating to a licensee's practice, including but
3    not limited to false records filed with any State or
4    federal agencies or departments.
5        (15) Being named as a perpetrator in an indicated
6    report by the Department of Children and Family Services
7    under the Abused and Neglected Child Reporting Act and
8    upon proof by clear and convincing evidence that the
9    licensee has caused a child to be an abused child or
10    neglected child as defined in the Abused and Neglected
11    Child Reporting Act.
12        (16) Physical illness or mental illness or impairment,
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        (17) Solicitation of professional services by using
18    false or misleading advertising.
19        (18) A finding that licensure has been applied for or
20    obtained by fraudulent means.
21        (19) Practicing or attempting to practice under a name
22    other than the full name as shown on the license or any
23    other legally authorized name unless approved by the
24    Department.
25        (20) Gross overcharging for professional services
26    including, but not limited to, (i) collection of fees or

 

 

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1    moneys for services that are not rendered; and (ii)
2    charging for services that are not in accordance with the
3    contract between the licensee and the community
4    association.
5        (21) Improper commingling of personal and client funds
6    in violation of this Act or any rules promulgated thereto.
7        (22) Failing to account for or remit any moneys or
8    documents coming into the licensee's possession that
9    belong to another person or entity.
10        (23) Giving differential treatment to a person that is
11    to that person's detriment on the basis because of race,
12    color, creed, sex, ancestry, age, order of protection
13    status, marital status, physical or mental disability,
14    military status, unfavorable discharge from military
15    status, sexual orientation, pregnancy, religion, or
16    national origin.
17        (24) Performing and charging for services without
18    reasonable authorization to do so from the person or
19    entity for whom service is being provided.
20        (25) Failing to make available to the Department, upon
21    request, any books, records, or forms required by this
22    Act.
23        (26) Purporting to be a designated supervising
24    community association manager of a firm without active
25    participation in the firm and having been designated as
26    such.

 

 

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1        (27) Failing to make available to the Department at
2    the time of the request any indicia of licensure or
3    registration issued under this Act.
4        (28) Failing to maintain and deposit funds belonging
5    to a community association in accordance with subsection
6    (b) of Section 55 of this Act.
7        (29) Violating the terms of a disciplinary order
8    issued by the Department.
9        (30) Operating a community association management firm
10    without a designated community association manager who
11    holds an active community association manager license.
12        (31) For a designated community association manager,
13    failing to meet the requirements for acting as a
14    designated community association manager.
15        (32) Failing to disclose to a community association
16    any compensation received by a licensee from a third party
17    in connection with or related to a transaction entered
18    into by the licensee on behalf of the community
19    association.
20        (33) Failing to disclose to a community association,
21    at the time of making the referral, that a licensee (A) has
22    greater than a 1% ownership interest in a third party to
23    which it refers the community association; or (B) receives
24    or may receive dividends or other profit sharing
25    distributions from a third party, other than a publicly
26    held or traded company, to which it refers the community

 

 

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1    association.
2    (b) (Blank).
3    (c) The determination by a circuit court that a licensee
4is subject to involuntary admission or judicial admission, as
5provided in the Mental Health and Developmental Disabilities
6Code, operates as an automatic suspension. The suspension will
7terminate only upon a finding by a court that the patient is no
8longer subject to involuntary admission or judicial admission
9and the issuance of an order so finding and discharging the
10patient, and upon the recommendation of the Board to the
11Secretary that the licensee be allowed to resume his or her
12practice as a licensed community association manager.
13    (d) In accordance with subsection (g) of Section 2105-15
14of the Department of Professional Regulation Law of the Civil
15Administrative Code of Illinois (20 ILCS 2105/2105-15), the
16Department may refuse to issue or renew or may suspend the
17license of any person who fails to file a return, to pay the
18tax, penalty, or interest shown in a filed return, or to pay
19any final assessment of tax, penalty, or interest, as required
20by any tax Act administered by the Department of Revenue,
21until such time as the requirements of that tax Act are
22satisfied.
23    (e) In accordance with subdivision (a)(5) of Section
242105-15 of the Department of Professional Regulation Law of
25the Civil Administrative Code of Illinois (20 ILCS
262105/2105-15) and in cases where the Department of Healthcare

 

 

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1and Family Services (formerly Department of Public Aid) has
2previously determined that a licensee or a potential licensee
3is more than 30 days delinquent in the payment of child support
4and has subsequently certified the delinquency to the
5Department, the Department may refuse to issue or renew or may
6revoke or suspend that person's license or may take other
7disciplinary action against that person based solely upon the
8certification of delinquency made by the Department of
9Healthcare and Family Services.
10    (f) (Blank). In enforcing this Section, the Department or
11Board upon a showing of a possible violation may compel a
12licensee or an individual licensed to practice under this Act,
13or who has applied for licensure under this Act, to submit to a
14mental or physical examination, or both, as required by and at
15the expense of the Department. The Department or Board may
16order the examining physician to present testimony concerning
17the mental or physical examination of the licensee or
18applicant. No information shall be excluded by reason of any
19common law or statutory privilege relating to communications
20between the licensee or applicant and the examining physician.
21The examining physicians shall be specifically designated by
22the Board or Department. The individual to be examined may
23have, at his or her own expense, another physician of his or
24her choice present during all aspects of this examination.
25Failure of an individual to submit to a mental or physical
26examination, when directed, shall be grounds for suspension of

 

 

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1his or her license or denial of his or her application or
2renewal until the individual submits to the examination if the
3Department finds, after notice and hearing, that the refusal
4to submit to the examination was without reasonable cause.
5    If the Department or Board finds an individual unable to
6practice because of the reasons set forth in this Section, the
7Department or Board may require that individual to submit to
8care, counseling, or treatment by physicians approved or
9designated by the Department or Board, as a condition, term,
10or restriction for continued, reinstated, or renewed licensure
11to practice; or, in lieu of care, counseling, or treatment,
12the Department may file, or the Board may recommend to the
13Department to file, a complaint to immediately suspend,
14revoke, deny, or otherwise discipline the license of the
15individual. An individual whose license was granted,
16continued, reinstated, renewed, disciplined or supervised
17subject to such terms, conditions, or restrictions, and who
18fails to comply with such terms, conditions, or restrictions,
19shall be referred to the Secretary for a determination as to
20whether the individual shall have his or her license suspended
21immediately, pending a hearing by the Department.
22    In instances in which the Secretary immediately suspends a
23person's license under this Section, a hearing on that
24person's license must be convened by the Department within 30
25days after the suspension and completed without appreciable
26delay. The Department and Board shall have the authority to

 

 

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1review the subject individual's record of treatment and
2counseling regarding the impairment to the extent permitted by
3applicable federal statutes and regulations safeguarding the
4confidentiality of medical records.
5    An individual licensed under this Act and affected under
6this Section shall be afforded an opportunity to demonstrate
7to the Department or Board that he or she can resume practice
8in compliance with acceptable and prevailing standards under
9the provisions of his or her license.
10(Source: P.A. 100-872, eff. 8-14-18.)
 
11    (225 ILCS 427/85.1 new)
12    Sec. 85.1. Citations.
13    (a) The Department may adopt rules to permit the issuance
14of citations to any licensee for failure to comply with the
15continuing education requirements set forth in this Act or as
16established by rule. The citation shall be issued to the
17licensee and a copy sent to the licensee's designated
18community association manager, and shall contain the
19licensee's name, the licensee's address, the licensee's
20license number, the number of required hours of continuing
21education that have not been successfully completed by the
22licensee within the renewal period, and the penalty imposed,
23which shall not exceed $2,000. The issuance of any such
24citation shall not excuse the licensee from completing all
25continuing education required for that renewal period.

 

 

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1    (b) Service of a citation shall be made in person,
2electronically, or by mail to the licensee at the licensee's
3address of record or email address of record, and the citation
4must clearly state that if the cited licensee wishes to
5dispute the citation, the cited licensee may make a written
6request, within 30 days after the citation is served, for a
7hearing before the Department. If the cited licensee does not
8request a hearing within 30 days after the citation is served,
9then the citation shall become a final, non-disciplinary
10order, and any fine imposed is due and payable within 60 days
11after that final order. If the cited licensee requests a
12hearing within 30 days after the citation is served, the
13Department shall afford the cited licensee a hearing conducted
14in the same manner as a hearing provided for in this Act for
15any violation of this Act and shall determine whether the
16cited licensee committed the violation as charged and whether
17the fine as levied is warranted. If the violation is found, any
18fine shall constitute non-public discipline and be due and
19payable within 30 days after the order of the Secretary, which
20shall constitute a final order of the Department. No change in
21license status may be made by the Department until a final
22order of the Department has been issued.
23    (c) Payment of a fine that has been assessed pursuant to
24this Section shall not constitute disciplinary action
25reportable on the Department's website or elsewhere unless a
26licensee has previously received 2 or more citations and been

 

 

10200HB0806sam001- 266 -LRB102 02614 SPS 26970 a

1assessed 2 or more fines.
2    (d) Nothing in this Section shall prohibit or limit the
3Department from taking further action pursuant to this Act and
4rules for additional, repeated, or continuing violations.
 
5    (225 ILCS 427/86 new)
6    Sec. 86. Illegal discrimination. When there has been an
7adjudication in a civil or criminal proceeding that a
8community association manager or community association
9management firm has illegally discriminated while engaged in
10any activity for which a license is required under this Act,
11the Department, upon the recommendation of the Board as to the
12extent of the suspension or revocation, shall suspend or
13revoke the license of that licensee in a timely manner, unless
14the adjudication is in the appeal process. When there has been
15an order in an administrative proceeding finding that a
16licensee has illegally discriminated while engaged in any
17activity for which a license is required under this Act, the
18Department, upon recommendation of the Board as to the nature
19and extent of the discipline, shall take one or more of the
20disciplinary actions provided for in Section 85 in a timely
21manner, unless the administrative order is in the appeal
22process.
 
23    (225 ILCS 427/90)
24    (Section scheduled to be repealed on January 1, 2022)

 

 

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1    Sec. 90. Violations; injunctions; cease and desist orders.
2    (a) If any person violates a provision of this Act, the
3Secretary may, in the name of the People of the State of
4Illinois, through the Attorney General of the State of
5Illinois, petition for an order enjoining the violation or for
6an order enforcing compliance with this Act. Upon the filing
7of a verified petition in court, the court may issue a
8temporary restraining order, without notice or bond, and may
9preliminarily and permanently enjoin the violation. If it is
10established that the person has violated or is violating the
11injunction, the Court may punish the offender for contempt of
12court. Proceedings under this Section are in addition to, and
13not in lieu of, all other remedies and penalties provided by
14this Act.
15    (b) If any person provides , entity or other business may
16provide community association management services or provides
17provide services as a community association manager to any
18community association in this State without having a valid
19license under this Act or, in the case of a community
20association management firm, without a designated community
21association manager, then any licensee, any interested party,
22or any person injured thereby may, in addition to the
23Secretary, petition for relief as provided in subsection (a)
24of this Section.
25    (c) Whenever in the opinion of the Department any person,
26entity or other business violates any provision of this Act,

 

 

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1the Department may issue a rule to show cause why an order to
2cease and desist should not be entered against such person,
3firm or other entity. The rule shall clearly set forth the
4grounds relied upon by the Department and shall provide a
5period of at least 7 days from the date of the rule to file an
6answer to the satisfaction of the Department. If the person,
7firm or other entity fails to file an answer satisfactory to
8the Department, the matter shall be considered as a default
9and the Department may cause an order to cease and desist to be
10issued immediately.
11(Source: P.A. 96-726, eff. 7-1-10.)
 
12    (225 ILCS 427/92)
13    (Section scheduled to be repealed on January 1, 2022)
14    Sec. 92. Unlicensed practice; violation; civil penalty.
15    (a) Any person, entity or other business who practices,
16offers to practice, attempts to practice, or holds oneself
17himself, herself or itself out to practice as a community
18association manager or community association management firm
19or provides provide services as a community association
20manager or community association management firm to any
21community association in this State without being licensed
22under this Act or, in the case of a community association
23management firm, without a designated community association
24manager shall, in addition to any other penalty provided by
25law, pay a civil penalty to the Department in an amount not to

 

 

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1exceed $10,000 for each offense, as determined by the
2Department. The civil penalty shall be assessed by the
3Department after a hearing is held in accordance with the
4provisions set forth in this Act regarding the provision of a
5hearing for the discipline of a licensee.
6    (b) The Department may investigate any and all unlicensed
7activity.
8    (c) The civil penalty shall be paid within 60 days after
9the effective date of the order imposing the civil penalty.
10The order shall constitute a judgment and may be filed and
11execution had thereon in the same manner as any judgment from
12any court of record.
13(Source: P.A. 98-365, eff. 1-1-14.)
 
14    (225 ILCS 427/95)
15    (Section scheduled to be repealed on January 1, 2022)
16    Sec. 95. Investigation; notice and hearing. The
17Department may investigate the actions or qualifications of a
18person, entity or other business applying for, holding or
19claiming to hold, or holding oneself out as having a license or
20rendering or offering to render services for which a license
21is required by this Act and may notify their designated
22community association manager, if any, of the pending
23investigation. Before suspending, revoking, placing on
24probationary status, or taking any other disciplinary action
25as the Department may deem proper with regard to any license,

 

 

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1at least 30 days before the date set for the hearing, the
2Department shall (i) notify the accused and their designated
3community association manager, if any, in writing of any
4charges made and the time and place for a hearing on the
5charges before the Board, (ii) direct the accused individual
6or entity to file a written answer to the charges with the
7Board under oath within 20 days after the service on the
8accused him or her of such notice, and (iii) inform the accused
9person, entity or other business that if the accused the
10person, entity, or other business fails to file an answer,
11default will be taken against the accused such person, entity,
12or other business and the license of the accused such person,
13entity, or other business may be suspended, revoked, placed on
14probationary status, or other disciplinary action taken with
15regard to the license, including limiting the scope, nature,
16or extent of related his or her practice, as the Department may
17deem proper. The Department shall serve notice under this
18Section by regular or electronic Written notice may be served
19by personal delivery or by registered or certified mail to the
20applicant's or licensee's applicant or licensee at his or her
21last address of record or email address of record as provided
22to with the Department. If the accused In case the person fails
23to file an answer after receiving notice, the his or her
24license may, in the discretion of the Department, be
25suspended, revoked, or placed on probationary status, or the
26Department may take whatever disciplinary action deemed

 

 

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1proper, including limiting the scope, nature, or extent of the
2person's practice or the imposition of a fine, without a
3hearing, if the act or acts charged constitute sufficient
4grounds for such action under this Act. The written answer
5shall be served by personal delivery or regular , certified
6delivery, or certified or registered mail to the Department.
7At the time and place fixed in the notice, the Department shall
8proceed to hear the charges and the parties or their counsel
9shall be accorded ample opportunity to present such
10statements, testimony, evidence, and argument as may be
11pertinent to the charges or to the defense thereto. The
12Department may continue such hearing from time to time. At the
13discretion of the Secretary after having first received the
14recommendation of the Board, the accused person's license may
15be suspended, or revoked, or placed on probationary status or
16the Department may take whatever disciplinary action
17considered proper, including limiting the scope, nature, or
18extent of the person's practice or the imposition of a fine if
19the act or acts charged constitute sufficient grounds for that
20action under this Act. A copy of the Department's final order
21shall be delivered to the accused's designated community
22association manager or, if the accused is directly employed by
23a community association, to the board of managers of that
24association if known to the Department , if the evidence
25constitutes sufficient grounds for such action under this Act.
26(Source: P.A. 96-726, eff. 7-1-10; 97-333, eff. 8-12-11.)
 

 

 

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1    (225 ILCS 427/115)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 115. Rehearing. At the conclusion of a hearing and
4following deliberation by the Board, a copy of the Board's
5report shall be served upon the applicant, licensee, or
6unlicensed person by the Department, either personally or as
7provided in this Act for the service of a notice of hearing. In
8any hearing involving disciplinary action against a licensee,
9a copy of the Board's report shall be served upon the
10respondent by the Department, either personally or as provided
11in this Act for the service of the notice of hearing. Within 20
12calendar days after service, the respondent may present to the
13Department a motion in writing for a rehearing that shall
14specify the particular grounds for rehearing. If no motion for
15rehearing is filed, then upon the expiration of the time
16specified for filing a motion, or if a motion for rehearing is
17denied, then upon denial, the Secretary may enter an order in
18accordance with recommendations of the Board, except as
19provided in this Act. If the respondent orders from the
20reporting service, and pays for, a transcript of the record
21within the time for filing a motion for rehearing, the 20
22calendar day period within which a motion may be filed shall
23commence upon the delivery of the transcript to the
24respondent.
25(Source: P.A. 96-726, eff. 7-1-10.)
 

 

 

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1    (225 ILCS 427/120)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 120. Appointment of a hearing officer. The Secretary
4has the authority to appoint any attorney duly licensed to
5practice law in the State of Illinois to serve as the hearing
6officer in any action for refusal to issue or renew a license,
7or to discipline a licensee. The hearing officer has full
8authority to conduct the hearing. The hearing officer shall
9report the his findings and recommendations to the Board and
10the Secretary. At its next meeting following The Board has 60
11calendar days from receipt of the report, the Board shall to
12review the report of the hearing officer and present its
13findings of fact, conclusions of law, and recommendations to
14the Secretary.
15    If the Board fails to present its report within 30
16calendar days following its next meeting after receiving the
17report within the 60 calendar day period, the respondent may
18request in writing a direct appeal to the Secretary, in which
19case the Secretary shall, within 7 calendar days after the
20request, issue an order directing the Board to issue its
21findings of fact, conclusions of law, and recommendations to
22the Secretary within 30 calendar days after such order.
23    If the Board fails to issue its findings of fact,
24conclusions of law, and recommendations within that time frame
25to the Secretary after the entry of such order, the Secretary

 

 

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1shall, within 30 calendar days thereafter, issue an order
2based upon the report of the hearing officer and the record of
3the proceedings or issue an order remanding the matter back to
4the hearing officer for additional proceedings in accordance
5with the order.
6    If (i) a direct appeal is requested, (ii) the Board fails
7to issue its findings of fact, conclusions of law, and
8recommendations within the 30-day mandate from the Secretary
9or the Secretary fails to order the Board to do so, and (iii)
10the Secretary fails to issue an order within 30 calendar days
11thereafter, then the hearing officer's report is deemed
12accepted and a final decision of the Secretary.
13    Notwithstanding any other provision of this Section, if
14the Secretary, upon review, determines that substantial
15justice has not been done in the revocation, suspension, or
16refusal to issue or renew a license or other disciplinary
17action taken as the result of the entry of the hearing
18officer's report, the Secretary may order a rehearing by the
19same or other examiners. If the Secretary disagrees with the
20recommendation of the Board or the hearing officer, the
21Secretary may issue an order in contravention of either
22recommendation.
23(Source: P.A. 96-726, eff. 7-1-10.)
 
24    (225 ILCS 427/140)
25    (Section scheduled to be repealed on January 1, 2022)

 

 

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1    Sec. 140. Summary suspension. The Secretary may summarily
2suspend a license without a hearing, simultaneously with the
3institution of proceedings for a hearing provided for in this
4Act, if the Secretary finds that evidence indicating in his or
5her possession indicates that a continuation in practice would
6constitute an imminent danger to the public. In the event that
7the Secretary summarily suspends a license without a hearing,
8a hearing by the Department must be held within 30 calendar
9days after the suspension has occurred.
10(Source: P.A. 96-726, eff. 7-1-10.)
 
11    (225 ILCS 427/145)
12    (Section scheduled to be repealed on January 1, 2022)
13    Sec. 145. Judicial review. All final administrative
14decisions of the Department are subject to judicial review
15under the Administrative Review Law and its rules. The term
16"administrative decision" is defined as in Section 3-101 of
17the Code of Civil Procedure. Proceedings for judicial review
18shall be commenced in the circuit court of the county in which
19the party applying for review resides; but if the party is not
20a resident of this State, the venue shall be in Sangamon County
21or Cook County.
22(Source: P.A. 96-726, eff. 7-1-10.)
 
23    (225 ILCS 427/155)
24    (Section scheduled to be repealed on January 1, 2022)

 

 

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1    Sec. 155. Violations; penalties.
2    (a) A person who violates any of the following provisions
3shall be guilty of a Class A misdemeanor; a person who commits
4a second or subsequent violation of these provisions is guilty
5of a Class 4 felony:
6        (1) Practicing or attempting to The practice of or
7    attempted practice of or holding oneself out as available
8    to practice as a community association manager or
9    supervising community association manager without a
10    license.
11        (2) Operating or attempting Operation of or attempt to
12    operate a community association management firm without a
13    firm license or a designated supervising community
14    association manager.
15        (3) Obtaining or attempting The obtaining of or the
16    attempt to obtain any license or authorization issued
17    under this Act by fraudulent misrepresentation.
18    (b) Whenever a licensee is convicted of a felony related
19to the violations set forth in this Section, the clerk of the
20court in any jurisdiction shall promptly report the conviction
21to the Department and the Department shall immediately revoke
22any license authorized under this Act held by that licensee.
23The licensee shall not be eligible for licensure under this
24Act until at least 5 years have elapsed since a felony
25conviction or 3 years since release from confinement for the
26conviction, whichever is later, without a subsequent 10 years

 

 

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1have elapsed since the time of full discharge from any
2sentence imposed for a felony conviction. If any person in
3making any oath or affidavit required by this Act swears
4falsely, the person is guilty of perjury and may be punished
5accordingly.
6(Source: P.A. 98-365, eff. 1-1-14; 99-78, eff. 7-20-15.)
 
7    (225 ILCS 427/161 new)
8    Sec. 161. Statute of limitations. No action may be taken
9under this Act against a person or entity licensed under this
10Act unless the action is commenced within 5 years after the
11occurrence of the alleged violation. A continuing violation is
12deemed to have occurred on the date when the circumstances
13last existed that gave rise to the alleged continuing
14violation.
 
15    (225 ILCS 427/162 new)
16    Sec. 162. No private right of action. Except as otherwise
17expressly provided for in this Act, nothing in this Act shall
18be construed to grant to any person a private right of action
19to enforce the provisions of this Act or the rules adopted
20under this Act.
 
21    (225 ILCS 427/165)
22    (Section scheduled to be repealed on January 1, 2022)
23    Sec. 165. Home rule. The regulation and licensing of

 

 

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1community association managers, supervising community
2association managers, and community association management
3firms are exclusive powers and functions of the State. A home
4rule unit may not regulate or license community association
5managers, supervising community association managers, or
6community association management firms. This Section is a
7denial and limitation of home rule powers and functions under
8subsection (h) of Section 6 of Article VII of the Illinois
9Constitution.
10(Source: P.A. 98-365, eff. 1-1-14.)
 
11    (225 ILCS 427/42 rep.)
12    (225 ILCS 427/80 rep.)
13    (225 ILCS 427/135 rep.)
14    (225 ILCS 427/170 rep.)
15    Section 55. The Community Association Manager Licensing
16and Disciplinary Act is amended by repealing Sections 42, 80,
17135, and 170.
 
18    Section 60. The Detection of Deception Examiners Act is
19amended by changing Sections 1, 7.1, 7.3, 17, and 20 and by
20adding Section 10.2 as follows:
 
21    (225 ILCS 430/1)  (from Ch. 111, par. 2401)
22    (Section scheduled to be repealed on January 1, 2022)
23    Sec. 1. Definitions. As used in this Act, unless the

 

 

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1context otherwise requires:
2    "Address of record Record" means the designated address
3recorded by the Department in the applicant's or licensee's
4application file or license file as maintained by the
5Department's licensure maintenance unit. It is the duty of the
6applicant or licensee to inform the Department of any change
7of address and those changes must be made either through the
8Department's website or by contacting the Department.
9    "Detection of Deception Examination", hereinafter referred
10to as "Examination" means any examination in which a device or
11instrument is used to test or question individuals for the
12purpose of evaluating truthfulness or untruthfulness.
13    "Email address of record" means the designated email
14address recorded by the Department in the applicant's
15application file or the licensee's license file, as maintained
16by the Department's licensure maintenance unit.
17    "Examiner" means any person licensed under this Act.
18    "Person" includes any natural person, partnership,
19association, corporation or trust.
20    "Department" means the Department of Financial and
21Professional Regulation.
22    "Law enforcement agency" means an agency of the State or a
23unit of local government that is vested by law or ordinance
24with the power to maintain public order and to enforce
25criminal laws and ordinances.
26    "Secretary" means the Secretary of Financial and

 

 

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1Professional Regulation.
2(Source: P.A. 97-168, eff. 7-22-11.)
 
3    (225 ILCS 430/7.1)  (from Ch. 111, par. 2408)
4    (Section scheduled to be repealed on January 1, 2022)
5    Sec. 7.1. Administrative Procedure Act. The Illinois
6Administrative Procedure Act is hereby expressly adopted and
7incorporated herein as if all of the provisions of that Act
8were included in this Act, except that the provision of
9subsection (d) of Section 10-65 of the Illinois Administrative
10Procedure Act that provides that at hearings the licensee has
11the right to show compliance with all lawful requirements for
12retention, continuation, or renewal of the license is
13specifically excluded. For the purposes of this Act, the
14notice required under Section 10-25 of the Illinois
15Administrative Procedure Act is deemed sufficient when mailed
16or emailed to the last known address of a party.
17(Source: P.A. 100-201, eff. 8-18-17.)
 
18    (225 ILCS 430/7.3)
19    (Section scheduled to be repealed on January 1, 2022)
20    Sec. 7.3. Appointment of a Hearing Officer. The Secretary
21has the authority to appoint an attorney, licensed to practice
22law in the State of Illinois, to serve as a Hearing Officer in
23any action for refusal to issue or renew a license or to
24discipline a license. The Hearing Officer has full authority

 

 

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1to conduct the hearing. The appointed Detection of Deception
2Coordinator may attend hearings and advise the Hearing Officer
3on technical matters involving Detection of Deception
4examinations.
5(Source: P.A. 97-168, eff. 7-22-11.)
 
6    (225 ILCS 430/10.2 new)
7    Sec. 10.2. Address of record; email address of record.
8All applicants and licensees shall:
9        (1) provide a valid address and email address to the
10    Department, which shall serve as the address of record and
11    email address of record, respectively, at the time of
12    application for licensure or renewal of a license; and
13        (2) inform the Department of any change of address of
14    record or email address of record within 14 days after
15    such change either through the Department's website or by
16    contacting the Department's licensure maintenance unit.
 
17    (225 ILCS 430/17)  (from Ch. 111, par. 2418)
18    (Section scheduled to be repealed on January 1, 2022)
19    Sec. 17. Investigations; notice and hearing. The
20Department may investigate the actions of any applicant or any
21person or persons rendering or offering to render detection of
22deception services or any person holding or claiming to hold a
23license as a licensed examiner. The Department shall, before
24refusing to issue or renew a license or to discipline a

 

 

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1licensee under Section 14, at least 30 days prior to the date
2set for the hearing, (i) notify the accused in writing of the
3charges made and the time and place for the hearing on the
4charges, (ii) direct him or her to file a written answer with
5the Department under oath within 20 days after the service of
6the notice, and (iii) inform the applicant or licensee that
7failure to file an answer will result in default being taken
8against the applicant or licensee. At the time and place fixed
9in the notice, the Department shall proceed to hear the
10charges and the parties or their counsel shall be accorded
11ample opportunity to present any pertinent statements,
12testimony, evidence, and arguments. The Department may
13continue the hearing from time to time. In case the person,
14after receiving the notice, fails to file an answer, his or her
15license, may, in the discretion of the Department, be revoked,
16suspended, placed on probationary status, or the Department
17may take whatever disciplinary action considered proper,
18including limiting the scope, nature, or extent of the
19person's practice or the imposition of a fine, without a
20hearing, if the act or acts charged constitute sufficient
21grounds for that action under the Act. The written notice may
22be served by email, by personal delivery, or by certified mail
23to the accused's address of record.
24(Source: P.A. 97-168, eff. 7-22-11.)
 
25    (225 ILCS 430/20)  (from Ch. 111, par. 2421)

 

 

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1    (Section scheduled to be repealed on January 1, 2022)
2    Sec. 20. Any person affected by a final administrative
3decision of the Department may have such decision reviewed
4judicially by the circuit court of the county wherein such
5person resides. If the plaintiff in the review proceeding is
6not a resident of this State, the venue shall be in Sangamon
7County. The provisions of the Administrative Review Law, and
8all amendments and modifications thereof, and the rules
9adopted pursuant thereto, shall apply to and govern all
10proceedings for the judicial review of final administrative
11decisions of the Department hereunder. The term
12"administrative decision" is defined as in Section 3-101 of
13the Code of Civil Procedure.
14    The Department shall not be required to certify any record
15to the court or file any answer in court or otherwise appear in
16any court in a judicial Judicial review proceeding, unless and
17until the Department has received from the plaintiff payment
18of the costs of furnishing and certifying the record which
19costs shall be determined by the Department. Exhibits shall be
20certified without cost. Failure on the part of the plaintiff
21to file a receipt in court is grounds for dismissal of the
22action.
23(Source: P.A. 97-168, eff. 7-22-11.)
 
24    (225 ILCS 430/7.2 rep.)
25    (225 ILCS 430/16 rep.)

 

 

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1    Section 65. The Detection of Deception Examiners Act is
2amended by repealing Sections 7.2 and 16.
 
3    Section 70. The Home Inspector License Act is amended by
4changing Sections 1-10, 5-5, 5-10, 5-12, 5-16, 5-17, 5-20,
55-25, 5-30, 10-10, 15-10, 15-15, 15-20, 15-55, 15-60, 20-5,
625-15, and 25-27 and by adding Sections 1-12, 5-50, 15-10.1,
7and 15-36 as follows:
 
8    (225 ILCS 441/1-10)
9    (Section scheduled to be repealed on January 1, 2022)
10    Sec. 1-10. Definitions. As used in this Act, unless the
11context otherwise requires:
12    "Address of record" means the designated street address,
13which may not be a post office box, recorded by the Department
14in the applicant's or licensee's application file or license
15file as maintained by the Department's licensure maintenance
16unit. It is the duty of the applicant or licensee to inform the
17Department of any change of address and those changes must be
18made either through the Department's website or by contacting
19the Department.
20    "Applicant" means a person who applies to the Department
21for a license under this Act.
22    "Client" means a person who engages or seeks to engage the
23services of a home inspector for an inspection assignment.
24    "Department" means the Department of Financial and

 

 

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1Professional Regulation.
2    "Email address of record" means the designated email
3address recorded by the Department in the applicant's
4application file or the licensee's license file, as maintained
5by the Department.
6    "Home inspection" means the examination and evaluation of
7the exterior and interior components of residential real
8property, which includes the inspection of any 2 or more of the
9following components of residential real property in
10connection with or to facilitate the sale, lease, or other
11conveyance of, or the proposed sale, lease or other conveyance
12of, residential real property:
13        (1) heating, ventilation, and air conditioning system;
14        (2) plumbing system;
15        (3) electrical system;
16        (4) structural composition;
17        (5) foundation;
18        (6) roof;
19        (7) masonry structure; or
20        (8) any other residential real property component as
21    established by rule.
22    "Home inspector" means a person or entity who, for another
23and for compensation either direct or indirect, performs home
24inspections.
25    "Home inspection report" or "inspection report" means a
26written evaluation prepared and issued by a home inspector

 

 

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1upon completion of a home inspection, which meets the
2standards of practice as established by the Department.
3    "Inspection assignment" means an engagement for which a
4home inspector is employed or retained to conduct a home
5inspection and prepare a home inspection report.
6    "License" means the privilege conferred by the Department
7to a person who has fulfilled all requirements prerequisite to
8any type of licensure under this Act.
9    "Licensee" means a home inspector, home inspector entity,
10or home inspector education provider.
11    "Person" means individuals, entities, corporations,
12limited liability companies, registered limited liability
13partnerships, and partnerships, foreign or domestic, except
14that when the context otherwise requires, the term may refer
15to a single individual or other described entity.
16    "Residential real property" means real property that is
17used or intended to be used as a residence by one or more
18individuals.
19    "Secretary" means the Secretary of Financial and
20Professional Regulation or the Secretary's designee.
21    "Standards of practice" means recognized standards and
22codes to be used in a home inspection, as determined by the
23Department and established by rule.
24(Source: P.A. 97-226, eff. 7-28-11.)
 
25    (225 ILCS 441/1-12 new)

 

 

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1    Sec. 1-12. Address of record; email address of record. All
2applicants and licensees shall:
3        (1) provide a valid address and email address to the
4    Department, which shall serve as the address of record and
5    email address of record, respectively, at the time of
6    application for licensure or renewal of a license; and
7        (2) inform the Department of any change of address of
8    record or email address of record within 14 days after
9    such change through the Department's website or by
10    contacting the Department.
 
11    (225 ILCS 441/5-5)
12    (Section scheduled to be repealed on January 1, 2022)
13    Sec. 5-5. Necessity of license; use of title; exemptions.
14    (a) It is unlawful for any person, including any entity,
15to act or assume to act as a home inspector, to engage in the
16business of home inspection, to develop a home inspection
17report, to practice as a home inspector, or to advertise or
18hold oneself himself, herself, or itself out to be a home
19inspector without a home inspector license issued under this
20Act. A person who violates this subsection is guilty of a Class
21A misdemeanor for the first offense and a Class 4 felony for
22the second and any subsequent offenses.
23    (b) It is unlawful for any person, other than a person who
24holds a valid home inspector license issued pursuant to this
25Act, to use the title "home inspector" or any other title,

 

 

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1designation, or abbreviation likely to create the impression
2that the person is licensed as a home inspector pursuant to
3this Act. A person who violates this subsection is guilty of a
4Class A misdemeanor.
5    (c) The licensing requirements of this Article do not
6apply to:
7        (1) any person who is employed as a code enforcement
8    official by the State of Illinois or any unit of local
9    government, while acting within the scope of that
10    government employment;
11        (2) any person licensed in this State by any other law
12    who is engaging in the profession or occupation for which
13    the person is licensed by the State of Illinois while
14    acting within the scope of his or her license; or
15        (3) any person engaged by the owner or lessor of
16    residential real property for the purpose of preparing a
17    bid or estimate as to the work necessary or the costs
18    associated with performing home construction, home
19    remodeling, or home repair work on the residential real
20    property, provided such person does not hold himself or
21    herself out, or advertise or hold oneself out as himself
22    or herself, as being engaged in business as a home
23    inspector.
24    (d) The licensing of home inspector entities required
25under this Act does not apply to an entity whose ownership
26structure is one licensed home inspector operating a sole

 

 

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1proprietorship, a single member limited liability company, or
2a single shareholder corporation, and that home inspector is
3the only licensed home inspector performing inspections on the
4entity's behalf. The licensed home inspector who is the sole
5proprietor, sole shareholder, or single member of the company
6or entity shall comply with all other provisions of this Act.
7(Source: P.A. 97-226, eff. 7-28-11.)
 
8    (225 ILCS 441/5-10)
9    (Section scheduled to be repealed on January 1, 2022)
10    Sec. 5-10. Application for home inspector license.
11    (a) Every natural person who desires to obtain a home
12inspector license shall:
13        (1) apply to the Department in a manner on forms
14    prescribed by the Department and accompanied by the
15    required fee; all applications shall contain the
16    information that, in the judgment of the Department,
17    enables the Department to pass on the qualifications of
18    the applicant for a license to practice as a home
19    inspector as set by rule;
20        (2) be at least 18 years of age;
21        (3) successfully complete a 4-year course of study in
22    a high school or secondary school or an equivalent course
23    of study approved by the state in which the school is
24    located, or possess a high school equivalency certificate,
25    which shall be verified under oath by the applicant

 

 

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1    provide evidence of having attained a high school diploma
2    or completed an equivalent course of study as determined
3    by an examination conducted by the Illinois State Board of
4    Education;
5        (4) personally take and pass a written examination and
6    a field an examination authorized by the Department; and
7        (5) prior to taking the examination, provide evidence
8    to the Department that the applicant he or she has
9    successfully completed the prerequisite classroom hours of
10    instruction in home inspection, as established by rule.
11    (b) The Department shall not require applicants to report
12the following information and shall not consider the following
13criminal history records in connection with an application for
14licensure or registration:
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    that Act;
19        (2) law enforcement records, court records, and
20    conviction records of an individual who was 17 years old
21    at the time of the offense and before January 1, 2014,
22    unless the nature of the offense required the individual
23    to be tried as an adult;
24        (3) records of arrest not followed by a charge or
25    conviction;
26        (4) records of arrest where the charges were dismissed

 

 

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1    unless related to the practice of the profession; however,
2    applicants shall not be asked to report any arrests, and
3    an arrest not followed by a conviction shall not be the
4    basis of denial and may be used only to assess an
5    applicant's rehabilitation;
6        (5) convictions overturned by a higher court; or
7        (6) convictions or arrests that have been sealed or
8    expunged.
9    (c) An applicant or licensee shall report to the
10Department, in a manner prescribed by the Department, upon
11application and within 30 days after the occurrence, if during
12the term of licensure, (i) any conviction of or plea of guilty
13or nolo contendere to forgery, embezzlement, obtaining money
14under false pretenses, larceny, extortion, conspiracy to
15defraud, or any similar offense or offenses or any conviction
16of a felony involving moral turpitude, (ii) the entry of an
17administrative sanction by a government agency in this State
18or any other jurisdiction that has as an essential element
19dishonesty or fraud or involves larceny, embezzlement, or
20obtaining money, property, or credit by false pretenses, or
21(iii) a crime that subjects the licensee to compliance with
22the requirements of the Sex Offender Registration Act.
23    (d) Applicants have 3 years after the date of the
24application to complete the application process. If the
25process has not been completed within 3 years, the application
26shall be denied, the fee forfeited, and the applicant must

 

 

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1reapply and meet the requirements in effect at the time of
2reapplication.
3(Source: P.A. 100-892, eff. 8-14-18.)
 
4    (225 ILCS 441/5-12)
5    (Section scheduled to be repealed on January 1, 2022)
6    Sec. 5-12. Application for home inspector license; entity.
7Every entity that is not a natural person that desires to
8obtain a home inspector license shall apply to the Department
9in a manner prescribed on forms provided by the Department and
10accompanied by the required fee.
11    Applicants have 3 years after the date of the application
12to complete the application process. If the process has not
13been completed within 3 years, the application shall be
14denied, the fee forfeited, and the applicant must reapply and
15meet the requirements in effect at the time of reapplication.
16    A corporation, limited liability company, partnership, or
17entity shall, as a condition of licensure, designate a
18managing licensed home inspector. The managing home inspector
19of any home inspector entity shall be responsible for the
20actions of all licensed and unlicensed employees, agents, and
21representatives of that home inspector entity while it is
22providing a home inspection or home inspection service. All
23other requirements for home inspector entities shall be
24established by rule.
25(Source: P.A. 97-226, eff. 7-28-11.)
 

 

 

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1    (225 ILCS 441/5-16)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 5-16. Renewal of license.
4    (a) The expiration date and renewal period for a home
5inspector license issued under this Act shall be set by rule.
6Except as otherwise provided in subsections (b) and (c) of
7this Section, the holder of a license may renew the license
8within 90 days preceding the expiration date by:
9        (1) completing and submitting to the Department a
10    renewal application in a manner prescribed form as
11    provided by the Department;
12        (2) paying the required fees; and
13        (3) providing evidence of successful completion of the
14    continuing education requirements through courses approved
15    by the Department given by education providers licensed by
16    the Department, as established by rule.
17    (b) A home inspector whose license under this Act has
18expired may renew the license for a period of 2 years following
19the expiration date by complying with the requirements of
20subparagraphs (1), (2), and (3) of subsection (a) of this
21Section and paying any late penalties established by rule.
22    (c) Notwithstanding subsection (b), a home inspector whose
23license under this Act has expired may renew the license
24without paying any lapsed renewal fees or late penalties if
25(i) the license expired while the home inspector was on active

 

 

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1duty with the United States Armed Services, (ii) application
2for renewal is made within 2 years following the termination
3of the military service or related education, training, or
4employment, and (iii) the applicant furnishes to the
5Department an affidavit that the applicant he or she was so
6engaged.
7    (d) The Department shall provide reasonable care and due
8diligence to ensure that each licensee under this Act is
9provided a renewal application at least 90 days prior to the
10expiration date, but it is the responsibility of each licensee
11to renew the his or her license prior to its expiration date.
12(Source: P.A. 97-226, eff. 7-28-11.)
 
13    (225 ILCS 441/5-17)
14    (Section scheduled to be repealed on January 1, 2022)
15    Sec. 5-17. Renewal of home inspector license; entity.
16    (a) The expiration date and renewal period for a home
17inspector license for an entity that is not a natural person
18shall be set by rule. The holder of a license may renew the
19license within 90 days preceding the expiration date by
20completing and submitting to the Department a renewal
21application in a manner prescribed form as provided by the
22Department and paying the required fees.
23    (b) An entity that is not a natural person whose license
24under this Act has expired may renew the license for a period
25of 2 years following the expiration date by complying with the

 

 

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1requirements of subsection (a) of this Section and paying any
2late penalties established by rule.
3(Source: P.A. 97-226, eff. 7-28-11.)
 
4    (225 ILCS 441/5-20)
5    (Section scheduled to be repealed on January 1, 2022)
6    Sec. 5-20. Endorsement. The Department may, in its
7discretion, license as a home inspector, by endorsement, on
8payment of the required fee, an applicant who is a home
9inspector licensed under the laws of another state or
10territory, if (i) the requirements for licensure in the state
11or territory in which the applicant was licensed were, at the
12date of his or her licensure, substantially equivalent to the
13requirements in force in this State on that date or (ii) there
14were no requirements in force in this State on the date of his
15or her licensure and the applicant possessed individual
16qualifications on that date that are substantially similar to
17the requirements under this Act. The Department may adopt any
18rules necessary to implement this Section.
19    Applicants have 3 years after the date of application to
20complete the application process. If the process has not been
21completed within 3 years, the application shall be denied, the
22fee forfeited, and the applicant must reapply and meet the
23requirements in effect at the time of reapplication.
24(Source: P.A. 97-226, eff. 7-28-11.)
 

 

 

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1    (225 ILCS 441/5-25)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 5-25. Pre-license education requirements. The
4prerequisite curriculum and classroom hours necessary for a
5person to be approved to sit for the examination for a home
6inspector shall be established by rule. Approved education, as
7prescribed by this Act and its associated administrative rules
8for licensure as a home inspector, shall be valid for 2 years
9after the date of satisfactory completion of the education.
10(Source: P.A. 92-239, eff. 8-3-01.)
 
11    (225 ILCS 441/5-30)
12    (Section scheduled to be repealed on January 1, 2022)
13    Sec. 5-30. Continuing education renewal requirements. The
14continuing education requirements for a person to renew a
15license as a home inspector shall be established by rule. The
16Department shall establish a continuing education completion
17deadline for home inspector licensees and require evidence of
18compliance with continuing education requirements in a manner
19established by rule before the renewal of a license.
20(Source: P.A. 100-831, eff. 1-1-19.)
 
21    (225 ILCS 441/5-50 new)
22    Sec. 5-50. Insurance.
23    (a) All applicants for a home inspector license and all
24licensees shall maintain general liability insurance in an

 

 

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1amount of not less than $100,000.
2    (b) Failure of an applicant or a licensee to carry and
3maintain the insurance required by this Section, to timely
4submit proof of coverage upon the Department's request, or to
5timely report any claims made against such policies of
6insurance shall be grounds for the denial of an application to
7renew a license, or the suspension or revocation of the
8license.
9    (c) The policies of insurance submitted by an applicant
10for a new license or an applicant for renewal of a license must
11include the name of the applicant as it appears or will appear
12on the license.
13    (d) A home inspector shall maintain the insurance required
14by this Section for at least one year after the latest home
15inspection report the home inspector delivered.
16    (e) The Department may adopt rules to implement this
17Section.
 
18    (225 ILCS 441/10-10)
19    (Section scheduled to be repealed on January 1, 2022)
20    Sec. 10-10. Retention of records. A person licensed under
21this Act shall retain the original or a true and exact copy of
22all written contracts that engage the licensee's engaging his
23or her services as a home inspector and all home inspection
24reports, including any supporting data used to develop the
25home inspection report, for a period of 5 years or 2 years

 

 

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1after the final disposition of any judicial proceeding, which
2includes any appeal, in which testimony was given, whichever
3is longer.
4(Source: P.A. 97-226, eff. 7-28-11.)
 
5    (225 ILCS 441/15-10)
6    (Section scheduled to be repealed on January 1, 2022)
7    Sec. 15-10. Grounds for disciplinary action.
8    (a) The Department may refuse to issue or renew, or may
9revoke, suspend, place on probation, reprimand, or take other
10disciplinary or non-disciplinary action as the Department may
11deem appropriate, including imposing fines not to exceed
12$25,000 for each violation, with regard to any license for any
13one or combination of the following:
14        (1) Fraud or misrepresentation in applying for, or
15    procuring a license under this Act or in connection with
16    applying for renewal of a license under this Act.
17        (2) Failing to meet the minimum qualifications for
18    licensure as a home inspector established by this Act.
19        (3) Paying money, other than for the fees provided for
20    by this Act, or anything of value to an employee of the
21    Department to procure licensure under this Act.
22        (4) Conviction of, or by plea of guilty or nolo
23    contendere, or finding as enumerated in subsection (c) of
24    Section 5-10, of guilt, jury verdict, or entry of judgment
25    or by sentencing of any crime, including, but not limited

 

 

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1    to, convictions, preceding sentences of supervision,
2    conditional discharge, or first offender probation, under
3    the laws of any jurisdiction of the United States: (i)
4    that is a felony, ; (ii) that is a misdemeanor, or
5    administrative sanction, or (ii) an essential element of
6    which is dishonesty, or that is directly related to the
7    practice of the profession; or (iii) that is a crime that
8    subjects the licensee to compliance with the requirements
9    of the Sex Offender Registration Act.
10        (5) Committing an act or omission involving
11    dishonesty, fraud, or misrepresentation with the intent to
12    substantially benefit the licensee or another person or
13    with the intent to substantially injure another person.
14        (6) Violating a provision or standard for the
15    development or communication of home inspections as
16    provided in Section 10-5 of this Act or as defined in the
17    rules.
18        (7) Failing or refusing to exercise reasonable
19    diligence in the development, reporting, or communication
20    of a home inspection report, as defined by this Act or the
21    rules.
22        (8) Violating a provision of this Act or the rules.
23        (9) Having been disciplined by another state, the
24    District of Columbia, a territory, a foreign nation, a
25    governmental agency, or any other entity authorized to
26    impose discipline if at least one of the grounds for that

 

 

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1    discipline is the same as or substantially equivalent to
2    one of the grounds for which a licensee may be disciplined
3    under this Act.
4        (10) Engaging in dishonorable, unethical, or
5    unprofessional conduct of a character likely to deceive,
6    defraud, or harm the public.
7        (11) Accepting an inspection assignment when the
8    employment itself is contingent upon the home inspector
9    reporting a predetermined analysis or opinion, or when the
10    fee to be paid is contingent upon the analysis, opinion,
11    or conclusion reached or upon the consequences resulting
12    from the home inspection assignment.
13        (12) Developing home inspection opinions or
14    conclusions based on the race, color, religion, sex,
15    national origin, ancestry, age, marital status, family
16    status, physical or mental disability, military status, or
17    unfavorable discharge from military status discharge,
18    sexual orientation, order of protection status, or
19    pregnancy, as defined under the Illinois Human Rights Act,
20    of the prospective or present owners or occupants of the
21    area or property under home inspection.
22        (13) Being adjudicated liable in a civil proceeding on
23    grounds of fraud, misrepresentation, or deceit. In a
24    disciplinary proceeding based upon a finding of civil
25    liability, the home inspector shall be afforded an
26    opportunity to present mitigating and extenuating

 

 

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1    circumstances, but may not collaterally attack the civil
2    adjudication.
3        (14) Being adjudicated liable in a civil proceeding
4    for violation of a State or federal fair housing law.
5        (15) Engaging in misleading or untruthful advertising
6    or using a trade name or insignia of membership in a home
7    inspection organization of which the licensee is not a
8    member.
9        (16) Failing, within 30 days, to provide information
10    in response to a written request made by the Department.
11        (17) Failing to include within the home inspection
12    report the home inspector's license number and the date of
13    expiration of the license. The names of (i) all persons
14    who conducted the home inspection; and (ii) all persons
15    who prepared the subsequent written evaluation or any part
16    thereof must be disclosed in the report. All home
17    inspectors providing significant contribution to the
18    development and reporting of a home inspection must be
19    disclosed in the home inspection report. It is a violation
20    of this Act for a home inspector to sign a home inspection
21    report knowing that the names of all such persons have a
22    person providing a significant contribution to the report
23    has not been disclosed in the home inspection report.
24        (18) Advising a client as to whether the client should
25    or should not engage in a transaction regarding the
26    residential real property that is the subject of the home

 

 

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1    inspection.
2        (19) Performing a home inspection in a manner that
3    damages or alters the residential real property that is
4    the subject of the home inspection without the consent of
5    the owner.
6        (20) Performing a home inspection when the home
7    inspector is providing or may also provide other services
8    in connection with the residential real property or
9    transaction, or has an interest in the residential real
10    property, without providing prior written notice of the
11    potential or actual conflict and obtaining the prior
12    consent of the client as provided by rule.
13        (21) Aiding or assisting another person in violating
14    any provision of this Act or rules adopted under this Act.
15        (22) Inability to practice with reasonable judgment,
16    skill, or safety as a result of habitual or excessive use
17    or addiction to alcohol, narcotics, stimulants, or any
18    other chemical agent or drug.
19        (23) A finding by the Department that the licensee,
20    after having the his or her license placed on probationary
21    status, has violated the terms of probation.
22        (24) Willfully making or filing false records or
23    reports related to the in his or her practice of home
24    inspection, including, but not limited to, false records
25    filed with State agencies or departments.
26        (25) Charging for professional services not rendered,

 

 

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1    including filing false statements for the collection of
2    fees for which services are not rendered.
3        (26) Practicing under a false or, except as provided
4    by law, an assumed name.
5        (27) Cheating on or attempting to subvert the
6    licensing examination administered under this Act.
7        (28) Engaging in any of the following prohibited
8    fraudulent, false, deceptive, or misleading advertising
9    practices:
10            (i) advertising as a home inspector or operating a
11        home inspection business entity unless there is a duly
12        licensed home inspector responsible for all inspection
13        activities and all inspections;
14            (ii) advertising that contains a misrepresentation
15        of facts or false statements regarding the licensee's
16        professional achievements, degrees, training, skills,
17        or qualifications in the home inspection profession or
18        any other profession requiring licensure;
19            (iii) advertising that makes only a partial
20        disclosure of relevant facts related to pricing or
21        home inspection services; and
22            (iv) advertising that claims this State or any of
23        its political subdivisions endorse the home inspection
24        report or its contents.
25        (29) Disclosing, except as otherwise required by law,
26    inspection results or client information obtained without

 

 

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1    the client's written consent. A home inspector shall not
2    deliver a home inspection report to any person other than
3    the client of the home inspector without the client's
4    written consent.
5        (30) Providing fees, gifts, waivers of liability, or
6    other forms of compensation or gratuities to persons
7    licensed under any real estate professional licensing act
8    in this State as consideration or inducement for the
9    referral of business.
10    (b) The Department may suspend, revoke, or refuse to issue
11or renew an education provider's license, may reprimand, place
12on probation, or otherwise discipline an education provider
13licensee, and may suspend or revoke the course approval of any
14course offered by an education provider, for any of the
15following:
16        (1) Procuring or attempting to procure licensure by
17    knowingly making a false statement, submitting false
18    information, making any form of fraud or
19    misrepresentation, or refusing to provide complete
20    information in response to a question in an application
21    for licensure.
22        (2) Failing to comply with the covenants certified to
23    on the application for licensure as an education provider.
24        (3) Committing an act or omission involving
25    dishonesty, fraud, or misrepresentation or allowing any
26    such act or omission by any employee or contractor under

 

 

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1    the control of the education provider.
2        (4) Engaging in misleading or untruthful advertising.
3        (5) Failing to retain competent instructors in
4    accordance with rules adopted under this Act.
5        (6) Failing to meet the topic or time requirements for
6    course approval as the provider of a pre-license
7    curriculum course or a continuing education course.
8        (7) Failing to administer an approved course using the
9    course materials, syllabus, and examinations submitted as
10    the basis of the course approval.
11        (8) Failing to provide an appropriate classroom
12    environment for presentation of courses, with
13    consideration for student comfort, acoustics, lighting,
14    seating, workspace, and visual aid material.
15        (9) Failing to maintain student records in compliance
16    with the rules adopted under this Act.
17        (10) Failing to provide a certificate, transcript, or
18    other student record to the Department or to a student as
19    may be required by rule.
20        (11) Failing to fully cooperate with a Department
21    investigation by knowingly making a false statement,
22    submitting false or misleading information, or refusing to
23    provide complete information in response to written
24    interrogatories or a written request for documentation
25    within 30 days of the request.
26    (c) (Blank). In appropriate cases, the Department may

 

 

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1resolve a complaint against a licensee through the issuance of
2a Consent to Administrative Supervision order. A licensee
3subject to a Consent to Administrative Supervision order shall
4be considered by the Department as an active licensee in good
5standing. This order shall not be reported as or considered by
6the Department to be a discipline of the licensee. The records
7regarding an investigation and a Consent to Administrative
8Supervision order shall be considered confidential and shall
9not be released by the Department except as mandated by law.
10The complainant shall be notified that his or her complaint
11has been resolved by a Consent to Administrative Supervision
12order.
13    (d) The Department may refuse to issue or may suspend
14without hearing, as provided for in the Code of Civil
15Procedure, the license of any person who fails to file a tax
16return, to pay the tax, penalty, or interest shown in a filed
17tax return, or to pay any final assessment of tax, penalty, or
18interest, as required by any tax Act administered by the
19Illinois Department of Revenue, until such time as the
20requirements of the tax Act are satisfied in accordance with
21subsection (g) of Section 2105-15 of the Civil Administrative
22Code of Illinois.
23    (e) (Blank).
24    (f) In cases where the Department of Healthcare and Family
25Services has previously determined that a licensee or a
26potential licensee is more than 30 days delinquent in the

 

 

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1payment of child support and has subsequently certified the
2delinquency to the Department, the Department may refuse to
3issue or renew or may revoke or suspend that person's license
4or may take other disciplinary action against that person
5based solely upon the certification of delinquency made by the
6Department of Healthcare and Family Services in accordance
7with item (5) of subsection (a) of Section 2105-15 of the Civil
8Administrative Code of Illinois.
9    (g) The determination by a circuit court that a licensee
10is subject to involuntary admission or judicial admission, as
11provided in the Mental Health and Developmental Disabilities
12Code, operates as an automatic suspension. The suspension will
13end only upon a finding by a court that the patient is no
14longer subject to involuntary admission or judicial admission
15and the issuance of a court order so finding and discharging
16the patient.
17    (h) (Blank). In enforcing this Act, the Department, upon a
18showing of a possible violation, may compel an individual
19licensed to practice under this Act, or who has applied for
20licensure under this Act, to submit to a mental or physical
21examination, or both, as required by and at the expense of the
22Department. The Department may order the examining physician
23to present testimony concerning the mental or physical
24examination of the licensee or applicant. No information shall
25be excluded by reason of any common law or statutory privilege
26relating to communications between the licensee or applicant

 

 

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1and the examining physician. The examining physician shall be
2specifically designated by the Department. The individual to
3be examined may have, at his or her own expense, another
4physician of his or her choice present during all aspects of
5this examination. The examination shall be performed by a
6physician licensed to practice medicine in all its branches.
7Failure of an individual to submit to a mental or physical
8examination, when directed, shall result in an automatic
9suspension without hearing.
10    A person holding a license under this Act or who has
11applied for a license under this Act, who, because of a
12physical or mental illness or disability, including, but not
13limited to, deterioration through the aging process or loss of
14motor skill, is unable to practice the profession with
15reasonable judgment, skill, or safety, may be required by the
16Department to submit to care, counseling, or treatment by
17physicians approved or designated by the Department as a
18condition, term, or restriction for continued, reinstated, or
19renewed licensure to practice. Submission to care, counseling,
20or treatment as required by the Department shall not be
21considered discipline of a license. If the licensee refuses to
22enter into a care, counseling, or treatment agreement or fails
23to abide by the terms of the agreement, the Department may file
24a complaint to revoke, suspend, or otherwise discipline the
25license of the individual. The Secretary may order the license
26suspended immediately, pending a hearing by the Department.

 

 

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1Fines shall not be assessed in disciplinary actions involving
2physical or mental illness or impairment.
3    In instances in which the Secretary immediately suspends a
4person's license under this Section, a hearing on that
5person's license must be convened by the Department within 15
6days after the suspension and completed without appreciable
7delay. The Department shall have the authority to review the
8subject individual's record of treatment and counseling
9regarding the impairment to the extent permitted by applicable
10federal statutes and regulations safeguarding the
11confidentiality of medical records.
12    An individual licensed under this Act and affected under
13this Section shall be afforded an opportunity to demonstrate
14to the Department that he or she can resume practice in
15compliance with acceptable and prevailing standards under the
16provisions of his or her license.
17(Source: P.A. 100-872, eff. 8-14-18.)
 
18    (225 ILCS 441/15-10.1 new)
19    Sec. 15-10.1. Citations.
20    (a) The Department may adopt rules to permit the issuance
21of citations to any licensee for failure to comply with the
22continuing education requirements set forth in this Act or as
23established by rule. The citation shall be issued to the
24licensee and shall contain the licensee's name, the licensee's
25address, the licensee's license number, the number of required

 

 

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1hours of continuing education that have not been successfully
2completed by the licensee within the renewal period, and the
3penalty imposed, which shall not exceed $2,000. The issuance
4of a citation shall not excuse the licensee from completing
5all continuing education required for that renewal period.
6    (b) Service of a citation shall be made in person,
7electronically, or by mail to the licensee at the licensee's
8address of record or email address of record, and the citation
9must clearly state that if the cited licensee wishes to
10dispute the citation, the cited licensee may make a written
11request, within 30 days after the citation is served, for a
12hearing before the Department. If the cited licensee does not
13request a hearing within 30 days after the citation is served,
14then the citation shall become a final, non-disciplinary
15order, and any fine imposed is due and payable within 60 days
16after that final order. If the cited licensee requests a
17hearing within 30 days after the citation is served, the
18Department shall afford the cited licensee a hearing conducted
19in the same manner as a hearing provided for in this Act for
20any violation of this Act and shall determine whether the
21cited licensee committed the violation as charged and whether
22the fine as levied is warranted. If the violation is found, any
23fine shall constitute non-public discipline and be due and
24payable within 30 days after the order of the Secretary, which
25shall constitute a final order of the Department. No change in
26license status may be made by the Department until a final

 

 

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1order of the Department has been issued.
2    (c) Payment of a fine that has been assessed pursuant to
3this Section shall not constitute disciplinary action
4reportable on the Department's website or elsewhere unless a
5licensee has previously received 2 or more citations and been
6assessed 2 or more fines.
7    (d) Nothing in this Section shall prohibit or limit the
8Department from taking further action pursuant to this Act and
9rules for additional, repeated, or continuing violations.
 
10    (225 ILCS 441/15-15)
11    (Section scheduled to be repealed on January 1, 2022)
12    Sec. 15-15. Investigation; notice; hearing. The Department
13may investigate the actions of any applicant or licensee or of
14any person or persons rendering or offering to render home
15inspection services or any person holding or claiming to hold
16a license as a home inspector. The Department shall, before
17refusing to issue or renew a license or to discipline a
18licensee pursuant to Section 15-10, at least 30 days prior to
19the date set for the hearing, (i) notify the accused in
20writing, of the charges made and the time and place for the
21hearing on the charges, (ii) direct the licensee or applicant
22him or her to file a written answer with the Department under
23oath within 20 days after the service of the notice, and (iii)
24inform the applicant or licensee that failure to file an
25answer will result in a default judgment being entered against

 

 

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1the applicant or licensee. At the time and place fixed in the
2notice, the Department shall proceed to hear the charges and
3the parties of their counsel shall be accorded ample
4opportunity to present any pertinent statements, testimony,
5evidence, and arguments. The Department may continue the
6hearing from time to time. In case the person, after receiving
7the notice, fails to file an answer, the his or her license,
8may, in the discretion of the Department, be revoked,
9suspended, placed on probationary status, or the Department
10may take whatever disciplinary actions considered proper,
11including limiting the scope, nature, or extent of the
12person's practice or the imposition of a fine, without a
13hearing, if the act or acts charged constitute sufficient
14grounds for that action under the Act. The notice may be served
15by personal delivery, by mail, or, at the discretion of the
16Department, by electronic means to the address of record or
17email address of record specified by the accused as last
18updated with the Department. The written notice may be served
19by personal delivery or by certified mail to the accused's
20address of record.
21    A copy of the hearing officer's report or any Order of
22Default, along with a copy of the original complaint giving
23rise to the action, shall be served upon the applicant,
24licensee, or unlicensed person by the Department to the
25applicant, licensee, or unlicensed individual in the manner
26provided in this Act for the service of a notice of hearing.

 

 

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1Within 20 days after service, the applicant or licensee may
2present to the Department a motion in writing for a rehearing,
3which shall specify the particular grounds for rehearing. The
4Department may respond to the motion, or if a motion for
5rehearing is denied, then upon denial, the Secretary may enter
6an order in accordance with the recommendations of the hearing
7officer. If the applicant or licensee orders from the
8reporting service and pays for a transcript of the record
9within the time for filing a motion for rehearing, then the
1020-day period during which a motion may be filed shall
11commence upon the delivery of the transcript to the applicant
12or licensee.
13(Source: P.A. 97-226, eff. 7-28-11.)
 
14    (225 ILCS 441/15-20)
15    (Section scheduled to be repealed on January 1, 2022)
16    Sec. 15-20. Administrative Review Law; certification fees;
17Illinois Administrative Procedure Act.
18    (a) All final administrative decisions of the Department
19under this Act are subject to judicial review pursuant to the
20provisions of the Administrative Review Law and the rules
21adopted pursuant thereto. The term "administrative decision"
22has the meaning ascribed to it in Section 3-101 of the
23Administrative Review Law.
24    (b) The Department shall not be required to certify any
25record to the court or file any answer in court or otherwise

 

 

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1appear in any court in a judicial review proceeding, unless
2and until the Department has received from the plaintiff
3payment of the costs of furnishing and certifying the record,
4which costs shall be determined by the Department. Exhibits
5shall be certified without cost. Failure on the part of the
6plaintiff to file a receipt in court is grounds for dismissal
7of the action.
8    (c) The Illinois Administrative Procedure Act is hereby
9expressly adopted and incorporated herein. In the event of a
10conflict between this Act and the Illinois Administrative
11Procedure Act, this Act shall control.
12    (d) Proceedings for judicial review shall be commenced in
13the circuit court of the county in which the party applying for
14review resides, but if the party is not a resident of Illinois,
15the venue shall be in Sangamon County or Cook County.
16(Source: P.A. 97-226, eff. 7-28-11.)
 
17    (225 ILCS 441/15-36 new)
18    Sec. 15-36. No private right of action. Except as
19otherwise expressly provided for in this Act, nothing in this
20Act shall be construed to grant to any person a private right
21of action to enforce the provisions of this Act or the rules
22adopted under this Act.
 
23    (225 ILCS 441/15-55)
24    (Section scheduled to be repealed on January 1, 2022)

 

 

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1    Sec. 15-55. Returned checks and dishonored credit card
2charges; penalty fee; revocation termination. A person who (1)
3delivers a check or other payment to the Department that is
4returned to the Department unpaid by the financial institution
5upon which it was drawn shall pay to the Department; or (2)
6presents a credit or debit card for payment that is invalid or
7expired or against which charges by the Department are
8declined or dishonored, in addition to the amount already
9owed, a penalty fee of $50. The Department shall notify the
10person, by certified mail return receipt requested, that the
11his or her check or payment was returned or that the credit
12card charge was dishonored and that the person shall pay to the
13Department by certified check or money order the amount of the
14returned check plus a $50 penalty fee within 30 calendar days
15after the date of the notification. If, after the expiration
16of 30 calendar days of the notification, the person has failed
17to remit the necessary funds and penalty, the Department shall
18automatically revoke terminate the license or deny the
19application without hearing. If the returned check or other
20payment was for issuance of a license under this Act and that
21person practices as a home inspector, that person may be
22subject to discipline for unlicensed practice as provided in
23this Act. If, after revocation termination or denial, the
24person seeks a license, the applicant or licensee he or she
25shall petition the Department for restoration or issuance of
26the license and he or she may be subject to additional

 

 

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1discipline or fines. The Secretary may waive the penalties or
2fines due under this Section in individual cases where the
3Secretary finds that the penalties or fines would be
4unreasonable or unnecessarily burdensome.
5(Source: P.A. 97-226, eff. 7-28-11.)
 
6    (225 ILCS 441/15-60)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 15-60. Violations; injunction; cease and desist
9orders.
10    (a) If any person violates a provision of this Act, the
11Secretary may, in the name of the People of the State of
12Illinois, through the Attorney General of the State of
13Illinois or the State's Attorney in the county in which the
14offense occurs, petition for an order enjoining the violation
15or for an order enforcing compliance with this Act. Upon the
16filing of a verified petition in court, the court may issue a
17temporary restraining order, without notice or bond, and may
18preliminarily and permanently enjoin the violation. If it is
19established that the person has violated or is violating the
20injunction, the court may punish the offender for contempt of
21court. Proceedings under this Section shall be in addition to,
22and not in lieu of, all other remedies and penalties provided
23by this Act.
24    (b) If any person practices as a home inspector or holds
25oneself himself or herself out as a home inspector without

 

 

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1being licensed under the provisions of this Act, then the
2Secretary, any licensed home inspector, any interested party,
3or any person injured thereby may petition for relief as
4provided in subsection (a) of this Section or may apply to the
5circuit court of the county in which the violation or some part
6thereof occurred, or in which the person complained of resides
7or has a his or her principal place of business or resides, to
8prevent the violation. The court has jurisdiction to enforce
9obedience by injunction or by other process restricting the
10person complained of from further violation and may enjoin
11enjoining upon the person him or her obedience.
12    (c) Whoever knowingly practices or offers to practice home
13inspection in this State without a license for that purpose
14shall be guilty of a Class A misdemeanor for the first offense
15and shall be guilty of a Class 4 felony for the second and any
16subsequent offense.
17    (d) Whenever, in the opinion of the Department, a person
18violates any provision of this Act, the Department may issue a
19rule to show cause why an order to cease and desist should not
20be entered against that person. The rule shall clearly set
21forth the grounds relied upon by the Department and shall
22provide a period of 7 days from the date of the rule to file an
23answer to the satisfaction of the Department. Failure to
24answer to the satisfaction of the Department shall cause an
25order to cease and desist to be issued.
26(Source: P.A. 97-226, eff. 7-28-11.)
 

 

 

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1    (225 ILCS 441/20-5)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 20-5. Education provider.
4    (a) Only education providers licensed by the Department
5may provide the pre-license and continuing education courses
6required for licensure under this Act.
7    (b) A person or entity seeking to be licensed as an
8education provider under this Act shall provide satisfactory
9evidence of the following:
10        (1) a sound financial base for establishing,
11    promoting, and delivering the necessary courses;
12        (2) a sufficient number of qualified instructors;
13        (3) adequate support personnel to assist with
14    administrative matters and technical assistance;
15        (4) a written policy dealing with procedures for
16    management of grievances and fee refunds;
17        (5) a qualified school administrator, who is
18    responsible for the administration of the school, courses,
19    and the actions of the instructors; and
20        (6) any other requirements provided by rule.
21    (c) All applicants for an education provider's license
22shall make initial application to the Department in a manner
23prescribed on forms provided by the Department and pay the
24appropriate fee as provided by rule. In addition to any other
25information required to be contained in the application as

 

 

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1prescribed by rule, every application for an original or
2renewed license shall include the applicant's tax
3identification number. The term, expiration date, and renewal
4of an education provider's license shall be established by
5rule.
6    (d) An education provider shall provide each successful
7course participant with a certificate of completion signed by
8the school administrator. The format and content of the
9certificate shall be specified by rule.
10    (e) All education providers shall provide to the
11Department a monthly roster of all successful course
12participants as provided by rule.
13(Source: P.A. 97-226, eff. 7-28-11.)
 
14    (225 ILCS 441/25-15)
15    (Section scheduled to be repealed on January 1, 2022)
16    Sec. 25-15. Liaison; duties. The Secretary shall appoint
17an employee of the Department to:
18        (1) (blank);
19        (2) be the direct liaison between the Department, peer
20    review advisors, the profession, home inspectors, and
21    related industry organizations and associations; and
22        (3) prepare and circulate to licensees such
23    educational and informational material as the Department
24    deems necessary for providing guidance or assistance to
25    licensees.

 

 

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1(Source: P.A. 97-226, eff. 7-28-11.)
 
2    (225 ILCS 441/25-27)
3    (Section scheduled to be repealed on January 1, 2022)
4    Sec. 25-27. Subpoenas; depositions; oaths.
5    (a) The Department may subpoena and bring before it any
6person to take oral or written testimony or compel the
7production of any books, papers, records, or any other
8documents the Secretary or the Secretary's his or her designee
9deems relevant or material to any investigation or hearing
10conducted by the Department with the same fees and in the same
11manner as prescribed in civil cases in the courts of this
12State.
13    (b) Any circuit court, upon the application of the
14licensee or the Department, may order the attendance and
15testimony of witnesses and the production of relevant
16documents, files, records, books, and papers in connection
17with any hearing or investigation. The circuit court may
18compel obedience to its order by proceedings for contempt.
19    (c) The Secretary, the hearing officer, any member of the
20Board, or a certified shorthand court reporter may administer
21oaths at any hearing the Department conducts. Notwithstanding
22any other statute or Department rule to the contrary, all
23requests for testimony, production of documents, or records
24shall be in accordance with this Act.
25(Source: P.A. 97-226, eff. 7-28-11.)
 

 

 

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1    (225 ILCS 441/25-17 rep.)
2    Section 75. The Home Inspector License Act is amended by
3repealing Section 25-17.
 
4    Section 80. The Real Estate Appraiser Licensing Act of
52002 is amended by changing Sections 1-10, 5-5, 5-10, 5-15,
65-20, 5-20.5, 5-22, 5-25, 5-30, 5-35, 10-5, 10-10, 15-5,
715-10, 15-15, 15-55, 20-5, 20-10, 25-10, 25-15, 25-16, 25-20,
825-25, and 30-5 and by adding Sections 1-12, 5-26, 15-10.1,
915-11, and 25-35 as follows:
 
10    (225 ILCS 458/1-10)
11    (Section scheduled to be repealed on January 1, 2022)
12    Sec. 1-10. Definitions. As used in this Act, unless the
13context otherwise requires:
14    "Accredited college or university, junior college, or
15community college" means a college or university, junior
16college, or community college that is approved or accredited
17by the Board of Higher Education, a regional or national
18accreditation association, or by an accrediting agency that is
19recognized by the U.S. Secretary of Education.
20    "Address of record" means the designated street address,
21which may not be a post office box, recorded by the Department
22in the applicant's or licensee's application file or license
23file as maintained by the Department's licensure maintenance

 

 

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1unit. It is the duty of the applicant or licensee to inform the
2Department of any change of address and those changes must be
3made either through the Department's website or by contacting
4the Department.
5    "Applicant" means person who applies to the Department for
6a license under this Act.
7    "Appraisal" means (noun) the act or process of developing
8an opinion of value; an opinion of value (adjective) of or
9pertaining to appraising and related functions, such as
10appraisal practice or appraisal services.
11    "Appraisal assignment" means a valuation service provided
12pursuant to as a consequence of an agreement between an
13appraiser and a client.
14    "Appraisal consulting" means the act or process of
15developing an analysis, recommendation, or opinion to solve a
16problem, where an opinion of value is a component of the
17analysis leading to the assignment results.
18    "Appraisal firm" means an appraisal entity that is 100%
19owned and controlled by a person or persons licensed in
20Illinois as a certified general real estate appraiser or a
21certified residential real estate appraiser. "Appraisal firm"
22does not include an appraisal management company.
23    "Appraisal management company" means any corporation,
24limited liability company, partnership, sole proprietorship,
25subsidiary, unit, or other business entity that directly or
26indirectly: (1) provides appraisal management services to

 

 

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1creditors or secondary mortgage market participants, including
2affiliates; (2) provides appraisal management services in
3connection with valuing the consumer's principal dwelling as
4security for a consumer credit transaction (including consumer
5credit transactions incorporated into securitizations); and
6(3) within a given year, oversees an appraiser panel of any
7size of State-certified appraisers in Illinois; and (4) any
8appraisal management company that, within a given 12-month
9period year, oversees an appraiser panel of 16 or more
10State-certified appraisers in Illinois or 25 or more
11State-certified or State-licensed appraisers in 2 or more
12jurisdictions shall be subject to the appraisal management
13company national registry fee in addition to the appraiser
14panel fee. "Appraisal management company" includes a hybrid
15entity.
16    "Appraisal practice" means valuation services performed by
17an individual acting as an appraiser, including, but not
18limited to, appraisal or , appraisal review, or appraisal
19consulting.
20    "Appraisal report" means any communication, written or
21oral, of an appraisal or appraisal review that is transmitted
22to a client upon completion of an assignment.
23    "Appraisal review" means the act or process of developing
24and communicating an opinion about the quality of another
25appraiser's work that was performed as part of an appraisal,
26appraisal review, or appraisal assignment.

 

 

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1    "Appraisal Subcommittee" means the Appraisal Subcommittee
2of the Federal Financial Institutions Examination Council as
3established by Title XI.
4    "Appraiser" means a person who performs real estate or
5real property appraisals competently and in a manner that is
6independent, impartial, and objective.
7    "Appraiser panel" means a network, list, or roster of
8licensed or certified appraisers approved by the appraisal
9management company or by the end-user client to perform
10appraisals as independent contractors for the appraisal
11management company. "Appraiser panel" includes both appraisers
12accepted by an appraisal management company for consideration
13for future appraisal assignments and appraisers engaged by an
14appraisal management company to perform one or more
15appraisals. For the purposes of determining the size of an
16appraiser panel, only independent contractors of hybrid
17entities shall be counted towards the appraiser panel.
18    "AQB" means the Appraisal Qualifications Board of the
19Appraisal Foundation.
20    "Associate real estate trainee appraiser" means an
21entry-level appraiser who holds a license of this
22classification under this Act with restrictions as to the
23scope of practice in accordance with this Act.
24    "Automated valuation model" means an automated system that
25is used to derive a property value through the use of available
26property records and various analytic methodologies such as

 

 

10200HB0806sam001- 325 -LRB102 02614 SPS 26970 a

1comparable sales prices, home characteristics, and price
2changes.
3    "Board" means the Real Estate Appraisal Administration and
4Disciplinary Board.
5    "Broker price opinion" means an estimate or analysis of
6the probable selling price of a particular interest in real
7estate, which may provide a varying level of detail about the
8property's condition, market, and neighborhood and information
9on comparable sales. The activities of a real estate broker or
10managing broker engaging in the ordinary course of business as
11a broker, as defined in this Section, shall not be considered a
12broker price opinion if no compensation is paid to the broker
13or managing broker, other than compensation based upon the
14sale or rental of real estate.
15    "Classroom hour" means 50 minutes of instruction out of
16each 60 minute segment of coursework.
17    "Client" means the party or parties who engage an
18appraiser by employment or contract in a specific appraisal
19assignment.
20    "Comparative market analysis" is an analysis or opinion
21regarding pricing, marketing, or financial aspects relating to
22a specified interest or interests in real estate that may be
23based upon an analysis of comparative market data, the
24expertise of the real estate broker or managing broker, and
25such other factors as the broker or managing broker may deem
26appropriate in developing or preparing such analysis or

 

 

10200HB0806sam001- 326 -LRB102 02614 SPS 26970 a

1opinion. The activities of a real estate broker or managing
2broker engaging in the ordinary course of business as a
3broker, as defined in this Section, shall not be considered a
4comparative market analysis if no compensation is paid to the
5broker or managing broker, other than compensation based upon
6the sale or rental of real estate.
7    "Coordinator" means the Coordinator of Real Estate
8Appraisal Coordinator created in Section 25-15 of the Division
9of Professional Regulation of the Department of Financial and
10Professional Regulation.
11    "Department" means the Department of Financial and
12Professional Regulation.
13    "Email address of record" means the designated email
14address recorded by the Department in the applicant's
15application file or the licensee's license file maintained by
16the Department.
17    "Evaluation" means a valuation permitted by the appraisal
18regulations of the Federal Financial Institutions Examination
19Council and its federal agencies for transactions that qualify
20for the appraisal threshold exemption, business loan
21exemption, or subsequent transaction exemption.
22    "Federal financial institutions regulatory agencies" means
23the Board of Governors of the Federal Reserve System, the
24Federal Deposit Insurance Corporation, the Office of the
25Comptroller of the Currency, the Consumer Financial Protection
26Bureau, and the National Credit Union Administration.

 

 

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1    "Federally related transaction" means any real
2estate-related financial transaction in which a federal
3financial institutions regulatory agency engages in, contracts
4for, or regulates and requires the services of an appraiser.
5    "Financial institution" means any bank, savings bank,
6savings and loan association, credit union, mortgage broker,
7mortgage banker, licensee under the Consumer Installment Loan
8Act or the Sales Finance Agency Act, or a corporate fiduciary,
9subsidiary, affiliate, parent company, or holding company of
10any such licensee, or any institution involved in real estate
11financing that is regulated by state or federal law.
12    "Hybrid entity" means an appraisal management company that
13hires an appraiser as an employee to perform an appraisal and
14engages an independent contractor to perform an appraisal.
15    "License" means the privilege conferred by the Department
16to a person that has fulfilled all requirements prerequisite
17to any type of licensure under this Act.
18    "Licensee" means any person, as defined in this Section,
19who holds a valid unexpired license.
20    "Multi-state licensing system" means a web-based platform
21that allows an applicant to submit the his or her application
22or license renewal application to the Department online.
23    "Person" means an individual, entity, sole proprietorship,
24corporation, limited liability company, partnership, and joint
25venture, foreign or domestic, except that when the context
26otherwise requires, the term may refer to more than one

 

 

10200HB0806sam001- 328 -LRB102 02614 SPS 26970 a

1individual or other described entity.
2    "Real estate" means an identified parcel or tract of land,
3including any improvements.
4    "Real estate related financial transaction" means any
5transaction involving:
6        (1) the sale, lease, purchase, investment in, or
7    exchange of real property, including interests in property
8    or the financing thereof;
9        (2) the refinancing of real property or interests in
10    real property; and
11        (3) the use of real property or interest in property
12    as security for a loan or investment, including mortgage
13    backed securities.
14    "Real property" means the interests, benefits, and rights
15inherent in the ownership of real estate.
16    "Secretary" means the Secretary of Financial and
17Professional Regulation or the Secretary's designee.
18    "State certified general real estate appraiser" means an
19appraiser who holds a license of this classification under
20this Act and such classification applies to the appraisal of
21all types of real property without restrictions as to the
22scope of practice.
23    "State certified residential real estate appraiser" means
24an appraiser who holds a license of this classification under
25this Act and such classification applies to the appraisal of
26one to 4 units of residential real property without regard to

 

 

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1transaction value or complexity, but with restrictions as to
2the scope of practice in a federally related transaction in
3accordance with Title XI, the provisions of USPAP, criteria
4established by the AQB, and further defined by rule.
5    "Supervising appraiser" means either (i) an appraiser who
6holds a valid license under this Act as either a State
7certified general real estate appraiser or a State certified
8residential real estate appraiser, who co-signs an appraisal
9report for an associate real estate trainee appraiser or (ii)
10a State certified general real estate appraiser who holds a
11valid license under this Act who co-signs an appraisal report
12for a State certified residential real estate appraiser on
13properties other than one to 4 units of residential real
14property without regard to transaction value or complexity.
15    "Title XI" means Title XI of the federal Financial
16Institutions Reform, Recovery and Enforcement Act of 1989.
17    "USPAP" means the Uniform Standards of Professional
18Appraisal Practice as promulgated by the Appraisal Standards
19Board pursuant to Title XI and by rule.
20    "Valuation services" means services pertaining to aspects
21of property value.
22(Source: P.A. 100-604, eff. 7-13-18.)
 
23    (225 ILCS 458/1-12 new)
24    Sec. 1-12. Address of record; email address of record. All
25applicants and licensees shall:

 

 

10200HB0806sam001- 330 -LRB102 02614 SPS 26970 a

1        (1) provide a valid address and email address to the
2    Department, which shall serve as the address of record and
3    email address of record, respectively, at the time of
4    application for licensure or renewal of a license; and
5        (2) inform the Department of any change of address of
6    record or email address of record within 14 days after
7    such change through the Department's website.
 
8    (225 ILCS 458/5-5)
9    (Section scheduled to be repealed on January 1, 2022)
10    Sec. 5-5. Necessity of license; use of title; exemptions.
11    (a) It is unlawful for a person to (i) act, offer services,
12or advertise services as a State certified general real estate
13appraiser, State certified residential real estate appraiser,
14or associate real estate trainee appraiser, (ii) develop a
15real estate appraisal, (iii) practice as a real estate
16appraiser, or (iv) advertise as or hold himself or herself out
17to be a real estate appraiser without a license issued under
18this Act. A person who violates this subsection is guilty of a
19Class A misdemeanor for a first offense and a Class 4 felony
20for any subsequent offense.
21    (a-5) It is unlawful for a person, unless registered as an
22appraisal management company, to solicit clients or enter into
23an appraisal engagement with clients without either a
24certified residential real estate appraiser license or a
25certified general real estate appraiser license issued under

 

 

10200HB0806sam001- 331 -LRB102 02614 SPS 26970 a

1this Act. A person who violates this subsection is guilty of a
2Class A misdemeanor for a first offense and a Class 4 felony
3for any subsequent offense.
4    (b) It is unlawful for a person, other than a person who
5holds a valid license issued pursuant to this Act as a State
6certified general real estate appraiser, a State certified
7residential real estate appraiser, or an associate real estate
8trainee appraiser to use these titles or any other title,
9designation, or abbreviation likely to create the impression
10that the person is licensed as a real estate appraiser
11pursuant to this Act. A person who violates this subsection is
12guilty of a Class A misdemeanor for a first offense and a Class
134 felony for any subsequent offense.
14    (c) This Act does not apply to a person who holds a valid
15license as a real estate broker or managing broker pursuant to
16the Real Estate License Act of 2000 who prepares or provides a
17broker price opinion or comparative market analysis in
18compliance with Section 10-45 of the Real Estate License Act
19of 2000.
20    (d) Nothing in this Act shall preclude a State certified
21general real estate appraiser, a State certified residential
22real estate appraiser, or an associate real estate trainee
23appraiser from rendering appraisals for or on behalf of a
24partnership, association, corporation, firm, or group.
25However, no State appraisal license or certification shall be
26issued under this Act to a partnership, association,

 

 

10200HB0806sam001- 332 -LRB102 02614 SPS 26970 a

1corporation, firm, or group.
2    (e) This Act does not apply to a county assessor, township
3assessor, multi-township assessor, county supervisor of
4assessments, or any deputy or employee of any county assessor,
5township assessor, multi-township assessor, or county
6supervisor of assessments in performance of who is performing
7his or her respective duties in accordance with the provisions
8of the Property Tax Code.
9    (e-5) For the purposes of this Act, valuation waivers may
10be prepared by a licensed appraiser notwithstanding any other
11provision of this Act, and the following types of valuations
12are not appraisals and may not be represented to be
13appraisals, and a license is not required under this Act to
14perform such valuations if the valuations are performed by (1)
15an employee of the Illinois Department of Transportation who
16has completed a minimum of 45 hours of course work in real
17estate appraisal, including the principles principals of real
18estate appraisals, appraisal of partial acquisitions, easement
19valuation, reviewing appraisals in eminent domain, appraisal
20for federal aid highway programs, and appraisal review for
21federal aid highway programs and has at least 2 years'
22experience in a field closely related to real estate; (2) a
23county engineer who is a registered professional engineer
24under the Professional Engineering Practice Act of 1989; (3)
25an employee of a municipality who has (i) completed a minimum
26of 45 hours of coursework in real estate appraisal, including

 

 

10200HB0806sam001- 333 -LRB102 02614 SPS 26970 a

1the principles principals of real estate appraisals, appraisal
2of partial acquisitions, easement valuation, reviewing
3appraisals in eminent domain, appraisal for federal aid
4highway programs, and appraisal review for federal aid highway
5programs and (ii) has either 2 years' experience in a field
6clearly related to real estate or has completed 20 hours of
7additional coursework that is sufficient for a person to
8complete waiver valuations as approved by the Federal Highway
9Administration; or (4) a municipal engineer who has completed
10coursework that is sufficient for his or her waiver valuations
11to be approved by the Federal Highway Administration and who
12is a registered professional engineer under the Professional
13Engineering Act of 1989, under the following circumstances:
14        (A) a valuation waiver in an amount not to exceed
15    $20,000 $10,000 prepared pursuant to the federal Uniform
16    Relocation Assistance and Real Property Acquisition
17    Policies Act of 1970, or prepared pursuant to the federal
18    Uniform Relocation Assistance and Real Property
19    Acquisition for Federal and Federally-Assisted Programs
20    regulations and which is performed by (1) an employee of
21    the Illinois Department of Transportation and co-signed,
22    with a license number affixed, by another employee of the
23    Illinois Department of Transportation who is a registered
24    professional engineer under the Professional Engineering
25    Practice Act of 1989 or (2) an employee of a municipality
26    and co-signed with a license number affixed by a county or

 

 

10200HB0806sam001- 334 -LRB102 02614 SPS 26970 a

1    municipal engineer who is a registered professional
2    engineer under the Professional Engineering Practice Act
3    of 1989; and
4        (B) a valuation waiver in an amount not to exceed
5    $20,000 $10,000 prepared pursuant to the federal Uniform
6    Relocation Assistance and Real Property Acquisition
7    Policies Act of 1970, or prepared pursuant to the federal
8    Uniform Relocation Assistance and Real Property
9    Acquisition for Federal and Federally-Assisted Programs
10    regulations and which is performed by a county or
11    municipal engineer who is employed by a county or
12    municipality and is a registered professional engineer
13    under the Professional Engineering Practice Act of 1989.
14    The valuation shall include In addition to his or her
15    signature, the county or municipal engineer's signature
16    and engineer shall affix his or her license number to the
17    valuation.
18    Nothing in this subsection (e-5) shall be construed to
19allow the State of Illinois, a political subdivision thereof,
20or any public body to acquire real estate by eminent domain in
21any manner other than provided for in the Eminent Domain Act.
22    (f) A State real estate appraisal certification or license
23is not required under this Act for any of the following: (1) A
24person, partnership, association, or corporation that performs
25appraisals of property owned by that person, partnership,
26association, or corporation for the sole use of that person,

 

 

10200HB0806sam001- 335 -LRB102 02614 SPS 26970 a

1partnership, association, or corporation.
2        (2) A court-appointed commissioner who conducts an
3    appraisal pursuant to a judicially ordered evaluation of
4    property.
5    Any However, any person who is certified or licensed under
6this Act and who performs any of the activities set forth in
7this subsection (f) must comply with the provisions of this
8Act. A person who violates this subsection (f) is guilty of a
9Class A misdemeanor for a first offense and a Class 4 felony
10for any subsequent offense.
11    (g) This Act does not apply to an employee, officer,
12director, or member of a credit or loan committee of a
13financial institution or any other person engaged by a
14financial institution when performing an evaluation of real
15property for the sole use of the financial institution in a
16transaction for which the financial institution would not be
17required to use the services of a State licensed or State
18certified appraiser pursuant to federal regulations adopted
19under Title XI of the federal Financial Institutions Reform,
20Recovery, and Enforcement Act of 1989, nor does this Act apply
21to the procurement of an automated valuation model.
22    (h) This Act does not apply to the procurement of an
23automated valuation model.
24    "Automated valuation model" means an automated system that
25is used to derive a property value through the use of publicly
26available property records and various analytic methodologies

 

 

10200HB0806sam001- 336 -LRB102 02614 SPS 26970 a

1such as comparable sales prices, home characteristics, and
2historical home price appreciations.
3(Source: P.A. 98-444, eff. 8-16-13; 98-933, eff. 1-1-15;
498-1109, eff. 1-1-15; 99-78, eff. 7-20-15.)
 
5    (225 ILCS 458/5-10)
6    (Section scheduled to be repealed on January 1, 2022)
7    Sec. 5-10. Application for State certified general real
8estate appraiser.
9    (a) Every person who desires to obtain a State certified
10general real estate appraiser license shall:
11        (1) apply to the Department on forms provided by the
12    Department, or through a multi-state licensing system as
13    designated by the Secretary, accompanied by the required
14    fee;
15        (2) be at least 18 years of age;
16        (3) (blank);
17        (4) personally take and pass an examination authorized
18    by the Department and endorsed by the AQB;
19        (5) prior to taking the examination, provide evidence
20    to the Department, or through a multi-state licensing
21    system as designated by the Secretary, of successful
22    completion of in Modular Course format, with each module
23    conforming to the Required Core Curriculum established and
24    adopted by the AQB, that he or she has successfully
25    completed the prerequisite classroom hours of instruction

 

 

10200HB0806sam001- 337 -LRB102 02614 SPS 26970 a

1    in appraising as established by the AQB and by rule;
2    evidence shall be in a Modular Course format with each
3    module conforming to the Required Core Curriculum
4    established and adopted by the AQB; and
5        (6) prior to taking the examination, provide evidence
6    to the Department, or through a multi-state licensing
7    system as designated by the Secretary, of successful
8    completion of that he or she has successfully completed
9    the prerequisite experience and educational requirements
10    in appraising as established by AQB and by rule.
11    (b) Applicants must provide evidence to the Department, or
12through a multi-state licensing system as designated by the
13Secretary, of holding a Bachelor's degree or higher from an
14accredited college or university.
15(Source: P.A. 100-604, eff. 7-13-18.)
 
16    (225 ILCS 458/5-15)
17    (Section scheduled to be repealed on January 1, 2022)
18    Sec. 5-15. Application for State certified residential
19real estate appraiser. Every person who desires to obtain a
20State certified residential real estate appraiser license
21shall:
22        (1) apply to the Department on forms provided by the
23    Department, or through a multi-state licensing system as
24    designated by the Secretary, accompanied by the required
25    fee;

 

 

10200HB0806sam001- 338 -LRB102 02614 SPS 26970 a

1        (2) be at least 18 years of age;
2        (3) (blank);
3        (4) personally take and pass an examination authorized
4    by the Department and endorsed by the AQB;
5        (5) prior to taking the examination, provide evidence
6    to the Department, or through a multi-state licensing
7    system as designated by the Secretary, of successful
8    completion of in Modular Course format, with each module
9    conforming to the Required Core Curriculum established and
10    adopted by the AQB, that he or she has successfully
11    completed the prerequisite classroom hours of instruction
12    in appraising as established by the AQB and by rule;
13    evidence shall be in a Modular Course format with each
14    module conforming to the Required Core Curriculum
15    established and adopted by the AQB; and
16        (6) prior to taking the examination, provide evidence
17    to the Department, or through a multi-state licensing
18    system as designated by the Secretary, of successful
19    completion of that he or she has successfully completed
20    the prerequisite experience and educational requirements
21    as established by AQB and by rule.
22(Source: P.A. 100-201, eff. 8-18-17; 100-604, eff. 7-13-18.)
 
23    (225 ILCS 458/5-20)
24    (Section scheduled to be repealed on January 1, 2022)
25    Sec. 5-20. Application for associate real estate trainee

 

 

10200HB0806sam001- 339 -LRB102 02614 SPS 26970 a

1appraiser. Every person who desires to obtain an associate
2real estate trainee appraiser license shall:
3        (1) apply to the Department on forms provided by the
4    Department, or through a multi-state licensing system as
5    designated by the Secretary, accompanied by the required
6    fee;
7        (2) be at least 18 years of age;
8        (3) provide evidence of having attained a high school
9    diploma or completed an equivalent course of study as
10    determined by an examination conducted or accepted by the
11    Illinois State Board of Education;
12        (4) (blank); and
13        (5) provide evidence to the Department, or through a
14    multi-state licensing system as designated by the
15    Secretary, of successful completion of that he or she has
16    successfully completed the prerequisite qualifying and any
17    conditional education requirements as established by rule.
18(Source: P.A. 100-604, eff. 7-13-18; 100-832, eff. 1-1-19;
19101-81, eff. 7-12-19.)
 
20    (225 ILCS 458/5-20.5)
21    (Section scheduled to be repealed on January 1, 2022)
22    Sec. 5-20.5. Duration of application. Applicants have 3
23years from the date of application to complete the application
24process. If the process has not been completed within 3 years,
25the application shall expire be denied, the fee shall be

 

 

10200HB0806sam001- 340 -LRB102 02614 SPS 26970 a

1forfeited, and the applicant must reapply and meet the
2requirements in effect at the time of reapplication.
3(Source: P.A. 96-844, eff. 12-23-09.)
 
4    (225 ILCS 458/5-22)
5    (Section scheduled to be repealed on January 1, 2022)
6    Sec. 5-22. Criminal history records check.
7    (a) An application Each applicant for licensure by
8examination or restoration shall include the applicant's have
9his or her fingerprints submitted to the Department of State
10Police in an electronic format that complies with the form and
11manner for requesting and furnishing criminal history record
12information as prescribed by the Department of State Police.
13These fingerprints shall be checked against the Department of
14State Police and Federal Bureau of Investigation criminal
15history record databases now and hereafter filed. The
16Department of State Police shall charge applicants a fee for
17conducting the criminal history records check, which shall be
18deposited into the State Police Services Fund and shall not
19exceed the actual cost of the records check. The Department of
20State Police shall furnish, pursuant to positive
21identification, records of Illinois convictions to the
22Department. The Department may require applicants to pay a
23separate fingerprinting fee, either to the Department or to a
24vendor. The Department may adopt any rules necessary to
25implement this Section.

 

 

10200HB0806sam001- 341 -LRB102 02614 SPS 26970 a

1    (b) The Secretary may designate a multi-state licensing
2system to perform the functions described in subsection (a).
3The Department may require applicants to pay a separate
4fingerprinting fee, either to the Department or to the
5multi-state licensing system. The Department may adopt any
6rules necessary to implement this subsection.
7    (c) The Department shall not consider the following
8criminal history records in connection with an application for
9licensure:
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    that Act;
14        (2) law enforcement records, court records, and
15    conviction records of an individual who was 17 years old
16    at the time of the offense and before January 1, 2014,
17    unless the nature of the offense required the individual
18    to be tried as an adult;
19        (3) records of arrest not followed by a charge or
20    conviction;
21        (4) records of arrest in which the charges were
22    dismissed unless related to the practice of the
23    profession; however, applicants shall not be asked to
24    report any arrests, and an arrest not followed by a
25    conviction shall not be the basis of a denial and may be
26    used only to assess an applicant's rehabilitation;

 

 

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1        (5) convictions overturned by a higher court; or
2        (6) convictions or arrests that have been sealed or
3    expunged.
4    (d) If an applicant makes a false statement of material
5fact on the application, the false statement may in itself be
6sufficient grounds to revoke or refuse to issue a license.
7    (e) An applicant or licensee shall report to the
8Department, in a manner prescribed by the Department, upon
9application and within 30 days after the occurrence, if during
10the term of licensure, (i) any conviction of or plea of guilty
11or nolo contendere to forgery, embezzlement, obtaining money
12under false pretenses, larceny, extortion, conspiracy to
13defraud, or any similar offense or offenses or any conviction
14of a felony involving moral turpitude, (ii) the entry of an
15administrative sanction by a government agency in this State
16or any other jurisdiction that has as an essential element
17dishonesty or fraud or involves larceny, embezzlement, or
18obtaining money, property, or credit by false pretenses, or
19(iii) a crime that subjects the licensee to compliance with
20the requirements of the Sex Offender Registration Act.
21(Source: P.A. 100-604, eff. 7-13-18.)
 
22    (225 ILCS 458/5-25)
23    (Section scheduled to be repealed on January 1, 2022)
24    Sec. 5-25. Renewal of license.
25    (a) The expiration date and renewal period for a State

 

 

10200HB0806sam001- 343 -LRB102 02614 SPS 26970 a

1certified general real estate appraiser license or a State
2certified residential real estate appraiser license issued
3under this Act shall be set by rule. Except as otherwise
4provided in subsections (b) and (f) of this Section, the
5holder of a license may renew the license within 90 days
6preceding the expiration date by:
7        (1) completing and submitting to the Department, or
8    through a multi-state licensing system as designated by
9    the Secretary, a renewal application form as provided by
10    the Department;
11        (2) paying the required fees; and
12        (3) providing evidence to the Department, or through a
13    multi-state licensing system as designated by the
14    Secretary, of successful completion of the continuing
15    education requirements through courses approved by the
16    Department from education providers licensed by the
17    Department, as established by the AQB and by rule.
18    (b) A State certified general real estate appraiser or
19State certified residential real estate appraiser whose
20license under this Act has expired may renew the license for a
21period of 2 years following the expiration date by complying
22with the requirements of paragraphs (1), (2), and (3) of
23subsection (a) of this Section and paying any late penalties
24established by rule.
25    (c) (Blank).
26    (d) The expiration date and renewal period for an

 

 

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1associate real estate trainee appraiser license issued under
2this Act shall be set by rule. Except as otherwise provided in
3subsections (e) and (f) of this Section, the holder of an
4associate real estate trainee appraiser license may renew the
5license within 90 days preceding the expiration date by:
6        (1) completing and submitting to the Department, or
7    through a multi-state licensing system as designated by
8    the Secretary, a renewal application form as provided by
9    the Department;
10        (2) paying the required fees; and
11        (3) providing evidence to the Department, or through a
12    multi-state licensing system as designated by the
13    Secretary, of successful completion of the continuing
14    education requirements through courses approved by the
15    Department from education providers approved by the
16    Department, as established by rule.
17    (e) Any associate real estate trainee appraiser trainee
18whose license under this Act has expired may renew the license
19for a period of 2 years following the expiration date by
20complying with the requirements of paragraphs (1), (2), and
21(3) of subsection (d) of this Section and paying any late
22penalties as established by rule.
23    (f) Notwithstanding subsections (c) and (e), an appraiser
24whose license under this Act has expired may renew or convert
25the license without paying any lapsed renewal fees or late
26penalties if the license expired while the appraiser was:

 

 

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1        (1) on active duty with the United States Armed
2    Services;
3        (2) serving as the Coordinator of Real Estate
4    Appraisal or an employee of the Department who was
5    required to surrender the his or her license during the
6    term of employment.
7    Application for renewal must be made within 2 years
8following the termination of the military service or related
9education, training, or employment and shall include an
10affidavit from the licensee of engagement. The licensee shall
11furnish the Department with an affidavit that he or she was so
12engaged.
13    (g) The Department shall provide reasonable care and due
14diligence to ensure that each licensee under this Act is
15provided with a renewal application at least 90 days prior to
16the expiration date, but each licensee is responsible to
17timely renewal or conversion of the renew or convert his or her
18license prior to its expiration date is the responsibility of
19the licensee.
20    (h) The Department shall not renew a license if the
21licensee has an unpaid fine from a disciplinary matter or an
22unpaid fee from a non-disciplinary action imposed by the
23Department until the fine or fee is paid to the Department or
24the licensee has entered into a payment plan and is current on
25the required payments.
26    (i) The Department shall not issue a license if the

 

 

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1applicant has an unpaid fine imposed by the Department for
2unlicensed practice until the fine is paid to the Department
3or the applicant has entered into a payment plan and is current
4on the required payments.
5(Source: P.A. 100-604, eff. 7-13-18; 100-832, eff. 1-1-19;
6101-81, eff. 7-12-19.)
 
7    (225 ILCS 458/5-26 new)
8    Sec. 5-26. Inactive licenses. Any licensee who notifies
9the Department, in writing on forms prescribed by the
10Department, may elect to place the license on an inactive
11status and shall, subject to the rules of the Department, be
12excused from payment of renewal fees until notification in
13writing to the Department of the desire to resume active
14status. Any licensee requesting reinstatement from inactive
15status shall pay the current renewal fee, provide proof of
16meeting the continuing education requirements for the period
17of time the license is inactive (not to exceed 2 renewal
18periods), and follow the requirements for reinstatement as
19provided by rule. Any licensee whose license is in an inactive
20status shall not practice in the State of Illinois. The
21Department will update the licensee's record in the National
22Registry to show that the license is inactive.
 
23    (225 ILCS 458/5-30)
24    (Section scheduled to be repealed on January 1, 2022)

 

 

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1    Sec. 5-30. Endorsement. The Department may issue an
2appraiser license, without the required examination, to an
3applicant licensed by another state, territory, possession of
4the United States, or the District of Columbia, if (i) the
5licensing requirements of that licensing authority are, on the
6date of licensure, substantially equal to the requirements set
7forth under this Act or to a person who, at the time of the his
8or her application, possessed individual qualifications that
9were substantially equivalent to the requirements of this Act
10or (ii) the applicant provides the Department with evidence of
11good standing from the Appraisal Subcommittee National
12Registry report and a criminal history records check in
13accordance with Section 5-22. An applicant under this Section
14shall pay all of the required fees.
15(Source: P.A. 98-1109, eff. 1-1-15.)
 
16    (225 ILCS 458/5-35)
17    (Section scheduled to be repealed on January 1, 2022)
18    Sec. 5-35. Qualifying education requirements. (a) The
19prerequisite classroom hours necessary for a person to be
20approved to sit for the examination for licensure as a State
21certified general real estate appraiser or a State certified
22residential real estate appraiser shall be in accordance with
23AQB criteria and established by rule.
24    (b) The prerequisite classroom hours necessary for a
25person to sit for the examination for licensure as an

 

 

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1associate real estate trainee appraiser shall be established
2by rule.
3(Source: P.A. 98-1109, eff. 1-1-15.)
 
4    (225 ILCS 458/10-5)
5    (Section scheduled to be repealed on January 1, 2022)
6    Sec. 10-5. Scope of practice.
7    (a) This Act does not limit a State certified general real
8estate appraiser's appraiser in his or her scope of practice
9in a federally related transaction. A State certified general
10real estate appraiser may independently provide appraisal
11services, review, or consult related consulting relating to
12any type of property for which there is related he or she has
13experience or competency by the appraiser is competent. All
14such appraisal practice must be made in accordance with the
15provisions of USPAP, criteria established by the AQB, and
16rules adopted pursuant to this Act.
17    (b) A State certified residential real estate appraiser is
18limited in his or her scope of practice to the provisions of
19USPAP, criteria established by the AQB, and the rules adopted
20pursuant to this Act.
21    (c) A State certified residential real estate appraiser
22must have a State certified general real estate appraiser who
23holds a valid license under this Act co-sign all appraisal
24reports on properties other than one to 4 units of residential
25real property without regard to transaction value or

 

 

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1complexity.
2    (d) An associate real estate trainee appraiser is limited
3in his or her scope of practice in all transactions in
4accordance with the provisions of USPAP, this Act, and the
5rules adopted pursuant to this Act. In addition, an associate
6real estate trainee appraiser shall be required to have a
7State certified general real estate appraiser or State
8certified residential real estate appraiser who holds a valid
9license under this Act to co-sign all appraisal reports. A
10supervising appraiser may not supervise more than 3 associate
11real estate trainee appraisers at one time. Associate real
12estate trainee appraisers shall not be limited in the number
13of concurrent supervising appraisers. A chronological
14appraisal log on an approved log form shall be maintained by
15the associate real estate trainee appraiser and shall be made
16available to the Department upon request.
17(Source: P.A. 97-602, eff. 8-26-11; 98-1109, eff. 1-1-15.)
 
18    (225 ILCS 458/10-10)
19    (Section scheduled to be repealed on January 1, 2022)
20    Sec. 10-10. Standards of practice. All persons licensed
21under this Act must comply with standards of professional
22appraisal practice adopted by the Department. The Department
23must adopt, as part of its rules, the Uniform Standards of
24Professional Appraisal Practice (USPAP) as published from time
25to time by the Appraisal Standards Board of the Appraisal

 

 

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1Foundation. The Department shall consider federal laws and
2regulations regarding the licensure of real estate appraisers
3prior to adopting its rules for the administration of this
4Act. When an appraisal obtained through an appraisal
5management company is used for loan purposes, the borrower or
6loan applicant shall be provided with a written disclosure of
7the total compensation to the appraiser or appraisal firm
8within the body certification of the appraisal report and it
9shall not be redacted or otherwise obscured.
10(Source: P.A. 96-844, eff. 12-23-09; 97-602, eff. 8-26-11.)
 
11    (225 ILCS 458/15-5)
12    (Section scheduled to be repealed on January 1, 2022)
13    Sec. 15-5. Unlicensed practice; civil penalty; injunctive
14relief; unlawful influence.
15    (a) A person who violates Section 5-5 of this Act shall, in
16addition to any other penalty provided by law, pay a civil
17penalty to the Department in an amount not to exceed $25,000
18for each violation as determined by the Secretary. The civil
19penalty shall be assessed by the Secretary after a hearing in
20accordance with the provisions of this Act regarding the
21provision of a hearing for the discipline of a license.
22    (b) The Department has the authority to investigate any
23activity that may violate this Act.
24    (c) A civil penalty imposed pursuant to subsection (a)
25shall be paid within 60 days after the effective date of the

 

 

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1order imposing the civil penalty. The order shall constitute a
2judgment and may be filed and executed in the same manner as
3any judgment from any court of record. Any civil penalty
4collected under this Act shall be made payable to the
5Department of Financial and Professional Regulation and
6deposited into the Appraisal Administration Fund. In addition
7to or in lieu of the imposition of a civil penalty, the
8Department may report a violation of this Act or the failure or
9refusal to comply with an order of the Department to the
10Attorney General or to the appropriate State's Attorney.
11    (d) Practicing as an appraiser without holding an active a
12valid license as required under this Act is declared to be
13adverse to the public welfare, to constitute a public
14nuisance, and to cause irreparable harm to the public welfare.
15The Secretary, the Attorney General, or the State's Attorney
16of any county in the State may maintain an action for
17injunctive relief in any circuit court to enjoin any person
18from engaging in such practice.
19    Upon the filing of a verified petition in a circuit court,
20the court, if satisfied by affidavit or otherwise that a
21person has been engaged in the practice of real estate
22appraisal without an active a valid license, may enter a
23temporary restraining order without notice or bond enjoining
24the defendant from further practice. The showing of
25non-licensure, by affidavit or otherwise, is sufficient for
26the issuance of a temporary injunction. If it is established

 

 

10200HB0806sam001- 352 -LRB102 02614 SPS 26970 a

1that the defendant has been or is engaged in unlawful
2practice, the court may enter an order or judgment perpetually
3enjoining the defendant from further unlawful practice. In all
4proceedings under this Section, the court, in its discretion,
5may apportion the costs among the parties interested in the
6action, including the cost of filing the complaint, service of
7process, witness fees and expenses, court reporter charges,
8and reasonable attorneys' fees. These injunction proceedings
9shall be in addition to, and not in lieu of, all penalties and
10other remedies provided in this Act.
11    (e) No person shall influence or attempt to influence
12through coercion, extortion, or bribery the independent
13judgment of an appraiser licensed or certified under this Act
14in the development, reporting, result, or review of a real
15estate appraisal. A person who violates this subsection (e) is
16guilty of a Class A misdemeanor for the first offense and a
17Class 4 felony for any subsequent offense.
18(Source: P.A. 96-844, eff. 12-23-09.)
 
19    (225 ILCS 458/15-10)
20    (Section scheduled to be repealed on January 1, 2022)
21    Sec. 15-10. Grounds for disciplinary action.
22    (a) The Department may suspend, revoke, refuse to issue,
23renew, or restore a license and may reprimand place on
24probation or administrative supervision, or take any
25disciplinary or non-disciplinary action, including imposing

 

 

10200HB0806sam001- 353 -LRB102 02614 SPS 26970 a

1conditions limiting the scope, nature, or extent of the real
2estate appraisal practice of a licensee or reducing the
3appraisal rank of a licensee, and may impose an administrative
4fine not to exceed $25,000 for each violation upon a licensee
5for any one or combination of the following:
6        (1) Procuring or attempting to procure a license by
7    knowingly making a false statement, submitting false
8    information, engaging in any form of fraud or
9    misrepresentation, or refusing to provide complete
10    information in response to a question in an application
11    for licensure.
12        (2) Failing to meet the minimum qualifications for
13    licensure as an appraiser established by this Act.
14        (3) Paying money, other than for the fees provided for
15    by this Act, or anything of value to a member or employee
16    of the Board or the Department to procure licensure under
17    this Act.
18        (4) Conviction of, or by plea of guilty or nolo
19    contendere, as enumerated in subsection (e) of Section
20    5-22 finding of guilt, jury verdict, or entry of judgment
21    or by sentencing of any crime, including, but not limited
22    to, convictions, preceding sentences of supervision,
23    conditional discharge, or first offender probation, under
24    the laws of any jurisdiction of the United States: (i)
25    that is a felony, ; or (ii) that is a misdemeanor, or
26    administrative sanction or (ii) that is a crime that

 

 

10200HB0806sam001- 354 -LRB102 02614 SPS 26970 a

1    subjects the licensee to compliance with the requirements
2    of the Sex Offender Registration Act an essential element
3    of which is dishonesty, or that is directly related to the
4    practice of the profession.
5        (5) Committing an act or omission involving
6    dishonesty, fraud, or misrepresentation with the intent to
7    substantially benefit the licensee or another person or
8    with intent to substantially injure another person as
9    defined by rule.
10        (6) Violating a provision or standard for the
11    development or communication of real estate appraisals as
12    provided in Section 10-10 of this Act or as defined by
13    rule.
14        (7) Failing or refusing without good cause to exercise
15    reasonable diligence in developing, reporting, or
16    communicating an appraisal, as defined by this Act or by
17    rule.
18        (8) Violating a provision of this Act or the rules
19    adopted pursuant to this Act.
20        (9) Having been disciplined by another state, the
21    District of Columbia, a territory, a foreign nation, a
22    governmental agency, or any other entity authorized to
23    impose discipline if at least one of the grounds for that
24    discipline is the same as or the equivalent of one of the
25    grounds for which a licensee may be disciplined under this
26    Act.

 

 

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1        (10) Engaging in dishonorable, unethical, or
2    unprofessional conduct of a character likely to deceive,
3    defraud, or harm the public.
4        (11) Accepting an appraisal assignment when the
5    employment itself is contingent upon the appraiser
6    reporting a predetermined estimate, analysis, or opinion
7    or when the fee to be paid is contingent upon the opinion,
8    conclusion, or valuation reached or upon the consequences
9    resulting from the appraisal assignment.
10        (12) Developing valuation conclusions based on the
11    race, color, religion, sex, national origin, ancestry,
12    age, marital status, family status, physical or mental
13    disability, sexual orientation, pregnancy, order of
14    protection status, military status, or unfavorable
15    military discharge, as defined under the Illinois Human
16    Rights Act, of the prospective or present owners or
17    occupants of the area or property under appraisal.
18        (13) Violating the confidential nature of government
19    records to which the licensee gained access through
20    employment or engagement as an appraiser by a government
21    agency.
22        (14) Being adjudicated liable in a civil proceeding on
23    grounds of fraud, misrepresentation, or deceit. In a
24    disciplinary proceeding based upon a finding of civil
25    liability, the appraiser shall be afforded an opportunity
26    to present mitigating and extenuating circumstances, but

 

 

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1    may not collaterally attack the civil adjudication.
2        (15) Being adjudicated liable in a civil proceeding
3    for violation of a state or federal fair housing law.
4        (16) Engaging in misleading or untruthful advertising
5    or using a trade name or insignia of membership in a real
6    estate appraisal or real estate organization of which the
7    licensee is not a member.
8        (17) Failing to fully cooperate with a Department
9    investigation by knowingly making a false statement,
10    submitting false or misleading information, or refusing to
11    provide complete information in response to written
12    interrogatories or a written request for documentation
13    within 30 days of the request.
14        (18) Failing to include within the certificate of
15    appraisal for all written appraisal reports the
16    appraiser's license number and licensure title. All
17    appraisers providing significant contribution to the
18    development and reporting of an appraisal must be
19    disclosed in the appraisal report. It is a violation of
20    this Act for an appraiser to sign a report, transmittal
21    letter, or appraisal certification knowing that a person
22    providing a significant contribution to the report has not
23    been disclosed in the appraisal report.
24        (19) Violating the terms of a disciplinary order or
25    consent to administrative supervision order.
26        (20) Habitual or excessive use or addiction to

 

 

10200HB0806sam001- 357 -LRB102 02614 SPS 26970 a

1    alcohol, narcotics, stimulants, or any other chemical
2    agent or drug that results in a licensee's inability to
3    practice with reasonable judgment, skill, or safety.
4        (21) A physical or mental illness or disability which
5    results in the inability to practice under this Act with
6    reasonable judgment, skill, or safety.
7        (22) Gross negligence in developing an appraisal or in
8    communicating an appraisal or failing to observe one or
9    more of the Uniform Standards of Professional Appraisal
10    Practice.
11        (23) A pattern of practice or other behavior that
12    demonstrates incapacity or incompetence to practice under
13    this Act.
14        (24) Using or attempting to use the seal, certificate,
15    or license of another as one's his or her own; falsely
16    impersonating any duly licensed appraiser; using or
17    attempting to use an inactive, expired, suspended, or
18    revoked license; or aiding or abetting any of the
19    foregoing.
20        (25) Solicitation of professional services by using
21    false, misleading, or deceptive advertising.
22        (26) Making a material misstatement in furnishing
23    information to the Department.
24        (27) Failure to furnish information to the Department
25    upon written request.
26    (b) The Department may reprimand suspend, revoke, or

 

 

10200HB0806sam001- 358 -LRB102 02614 SPS 26970 a

1refuse to issue or renew an education provider's license, may
2reprimand, place on probation, or otherwise discipline an
3education provider and may suspend or revoke the course
4approval of any course offered by an education provider and
5may impose an administrative fine not to exceed $25,000 upon
6an education provider, for any of the following:
7        (1) Procuring or attempting to procure licensure by
8    knowingly making a false statement, submitting false
9    information, engaging in any form of fraud or
10    misrepresentation, or refusing to provide complete
11    information in response to a question in an application
12    for licensure.
13        (2) Failing to comply with the covenants certified to
14    on the application for licensure as an education provider.
15        (3) Committing an act or omission involving
16    dishonesty, fraud, or misrepresentation or allowing any
17    such act or omission by any employee or contractor under
18    the control of the provider.
19        (4) Engaging in misleading or untruthful advertising.
20        (5) Failing to retain competent instructors in
21    accordance with rules adopted under this Act.
22        (6) Failing to meet the topic or time requirements for
23    course approval as the provider of a qualifying curriculum
24    course or a continuing education course.
25        (7) Failing to administer an approved course using the
26    course materials, syllabus, and examinations submitted as

 

 

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1    the basis of the course approval.
2        (8) Failing to provide an appropriate classroom
3    environment for presentation of courses, with
4    consideration for student comfort, acoustics, lighting,
5    seating, workspace, and visual aid material.
6        (9) Failing to maintain student records in compliance
7    with the rules adopted under this Act.
8        (10) Failing to provide a certificate, transcript, or
9    other student record to the Department or to a student as
10    may be required by rule.
11        (11) Failing to fully cooperate with an investigation
12    by the Department by knowingly making a false statement,
13    submitting false or misleading information, or refusing to
14    provide complete information in response to written
15    interrogatories or a written request for documentation
16    within 30 days of the request.
17    (c) In appropriate cases, the Department may resolve a
18complaint against a licensee through the issuance of a Consent
19to Administrative Supervision order. A licensee subject to a
20Consent to Administrative Supervision order shall be
21considered by the Department as an active licensee in good
22standing. This order shall not be reported or considered by
23the Department to be a discipline of the licensee. The records
24regarding an investigation and a Consent to Administrative
25Supervision order shall be considered confidential and shall
26not be released by the Department except as mandated by law. A

 

 

10200HB0806sam001- 360 -LRB102 02614 SPS 26970 a

1complainant shall be notified if the his or her complaint has
2been resolved by a Consent to Administrative Supervision
3order.
4(Source: P.A. 97-602, eff. 8-26-11; 97-877, eff. 8-2-12;
598-1109, eff. 1-1-15.)
 
6    (225 ILCS 458/15-10.1 new)
7    Sec. 15-10.1. Citations.
8    (a) The Department may adopt rules to permit the issuance
9of citations to any licensee for failure to comply with the
10continuing education requirements set forth in this Act or as
11established by rule. The citation shall be issued to the
12licensee. For associate real estate trainee appraisers, a copy
13shall also be sent to the licensee's supervising appraiser of
14record. The citation shall contain the licensee's name, the
15licensee's address, the licensee's license number, the number
16of required hours of continuing education that have not been
17successfully completed by the licensee within the renewal
18period, and the penalty imposed, which shall not exceed
19$2,000. The issuance of a citation shall not excuse the
20licensee from completing all continuing education required for
21that renewal period.
22    (b) Service of a citation shall be made in person,
23electronically, or by mail to the licensee at the licensee's
24address of record or email address of record. Service of a
25citation must clearly state that if the cited licensee wishes

 

 

10200HB0806sam001- 361 -LRB102 02614 SPS 26970 a

1to dispute the citation, the cited licensee may make a written
2request, within 30 days after the citation is served, for a
3hearing before the Department. If the cited licensee does not
4request a hearing within 30 days after the citation is served,
5then the citation shall become a final, non-disciplinary
6order, and any fine imposed is due and payable within 60 days
7after that final order. If the cited licensee requests a
8hearing within 30 days after the citation is served, the
9Department shall afford the cited licensee a hearing conducted
10in the same manner as a hearing provided for in this Act for
11any violation of this Act and shall determine whether the
12cited licensee committed the violation as charged and whether
13the fine as levied is warranted. If the violation is found, any
14fine shall constitute non-public discipline and be due and
15payable within 30 days after the order of the Secretary, which
16shall constitute a final order of the Department. No change in
17license status may be made by the Department until a final
18order of the Department has been issued.
19    (c) Payment of a fine that has been assessed pursuant to
20this Section shall not constitute disciplinary action
21reportable on the Department's website or elsewhere unless a
22licensee has previously received 2 or more citations and been
23assessed 2 or more fines.
24    (d) Nothing in this Section shall prohibit or limit the
25Department from taking further action pursuant to this Act and
26rules for additional, repeated, or continuing violations.
 

 

 

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1    (225 ILCS 458/15-11 new)
2    Sec. 15-11. Illegal discrimination. When there has been
3an adjudication in a civil or criminal proceeding that a
4licensee has illegally discriminated while engaged in any
5activity for which a license is required under this Act, the
6Department, upon the recommendation of the Board as to the
7extent of the suspension or revocation, shall suspend or
8revoke the license of that licensee in a timely manner, unless
9the adjudication is in the appeal process. When there has been
10an order in an administrative proceeding finding that a
11licensee has illegally discriminated while engaged in any
12activity for which a license is required under this Act, the
13Department, upon recommendation of the Board as to the nature
14and extent of the discipline, shall take one or more of the
15disciplinary actions provided for in Section 15-10 in a timely
16manner, unless the administrative order is in the appeal
17process.
 
18    (225 ILCS 458/15-15)
19    (Section scheduled to be repealed on January 1, 2022)
20    Sec. 15-15. Investigation; notice; hearing.
21    (a) Upon the motion of the Department or the Board or upon
22a complaint in writing of a person setting forth facts that, if
23proven, would constitute grounds for suspension, revocation,
24or other disciplinary action against a licensee or applicant

 

 

10200HB0806sam001- 363 -LRB102 02614 SPS 26970 a

1for licensure, the Department shall investigate the actions of
2the licensee or applicant. If, upon investigation, the
3Department believes that there may be cause for suspension,
4revocation, or other disciplinary action, the Department shall
5use the services of a State certified general real estate
6appraiser, a State certified residential real estate
7appraiser, or the Real Estate Coordinator to assist in
8determining whether grounds for disciplinary action exist
9prior to commencing formal disciplinary proceedings.
10    (b) Formal disciplinary proceedings shall commence upon
11the issuance of a written complaint describing the charges
12that are the basis of the disciplinary action and delivery of
13the detailed complaint to the address of record of the
14licensee or applicant. For an associate real estate trainee
15appraiser, a copy shall also be sent to the licensee's
16supervising appraiser of record. The Department shall notify
17the licensee or applicant to file a verified written answer
18within 20 days after the service of the notice and complaint.
19The notification shall inform the licensee or applicant of the
20his or her right to be heard in person or by legal counsel;
21that the hearing will be afforded not sooner than 20 30 days
22after service of the complaint; that failure to file an answer
23will result in a default being entered against the licensee or
24applicant; that the license may be suspended, revoked, or
25placed on probationary status; and that other disciplinary
26action may be taken pursuant to this Act, including limiting

 

 

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1the scope, nature, or extent of the licensee's practice. If
2the licensee or applicant fails to file an answer after
3service of notice, the respective his or her license may, at
4the discretion of the Department, be suspended, revoked, or
5placed on probationary status and the Department may take
6whatever disciplinary action it deems proper, including
7limiting the scope, nature, or extent of the person's
8practice, without a hearing.
9    (c) At the time and place fixed in the notice, the Board
10shall conduct hearing of the charges, providing both the
11accused person and the complainant ample opportunity to
12present in person or by counsel such statements, testimony,
13evidence, and argument as may be pertinent to the charges or to
14a defense thereto.
15    (d) The Board shall present to the Secretary a written
16report of its findings of fact and recommendations. A copy of
17the report shall be served upon the licensee or applicant,
18either personally, or by certified mail, or, at the discretion
19of the Department, by electronic means. For associate real
20estate trainee appraisers, a copy shall also be sent to the
21licensee's supervising appraiser of record. Within 20 days
22after the service, the licensee or applicant may present the
23Secretary with a motion in writing for either a rehearing, a
24proposed finding of fact, a conclusion of law, or an
25alternative sanction, and shall specify the particular grounds
26for the request. If the accused orders a transcript of the

 

 

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1record as provided in this Act, the time elapsing thereafter
2and before the transcript is ready for delivery to the accused
3shall not be counted as part of the 20 days. If the Secretary
4is not satisfied that substantial justice has been done, the
5Secretary may order a rehearing by the Board or other special
6committee appointed by the Secretary, may remand the matter to
7the Board for its reconsideration of the matter based on the
8pleadings and evidence presented to the Board, or may enter a
9final order in contravention of the Board's recommendation.
10Notwithstanding a licensee's or applicant's failure to file a
11motion for rehearing, the Secretary shall have the right to
12take any of the actions specified in this subsection (d). Upon
13the suspension or revocation of a license, the licensee shall
14be required to surrender the respective his or her license to
15the Department, and upon failure or refusal to do so, the
16Department shall have the right to seize the license.
17    (e) The Department has the power to issue subpoenas and
18subpoenas duces tecum to bring before it any person in this
19State, to take testimony, or to require production of any
20records relevant to an inquiry or hearing by the Board in the
21same manner as prescribed by law in judicial proceedings in
22the courts of this State. In a case of refusal of a witness to
23attend, testify, or to produce books or papers concerning a
24matter upon which the witness he or she might be lawfully
25examined, the circuit court of the county where the hearing is
26held, upon application of the Department or any party to the

 

 

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1proceeding, may compel obedience by proceedings as for
2contempt.
3    (f) Any license that is suspended indefinitely or revoked
4may not be restored for a minimum period of 3 2 years, or as
5otherwise ordered by the Secretary.
6    (g) In addition to the provisions of this Section
7concerning the conduct of hearings and the recommendations for
8discipline, the Department has the authority to negotiate
9disciplinary and non-disciplinary settlement agreements
10concerning any license issued under this Act. All such
11agreements shall be recorded as Consent Orders or Consent to
12Administrative Supervision Orders.
13    (h) The Secretary shall have the authority to appoint an
14attorney duly licensed to practice law in the State of
15Illinois to serve as the hearing officer in any action to
16suspend, revoke, or otherwise discipline any license issued by
17the Department. The Hearing Officer shall have full authority
18to conduct the hearing.
19    (i) The Department, at its expense, shall preserve a
20record of all formal hearings of any contested case involving
21the discipline of a license. At all hearings or pre-hearing
22conferences, the Department and the licensee shall be entitled
23to have the proceedings transcribed by a certified shorthand
24reporter. A copy of the transcribed proceedings shall be made
25available to the licensee by the certified shorthand reporter
26upon payment of the prevailing contract copy rate.

 

 

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1(Source: P.A. 100-831, eff. 1-1-19.)
 
2    (225 ILCS 458/15-55)
3    (Section scheduled to be repealed on January 1, 2022)
4    Sec. 15-55. Checks, credit card charges, or orders to
5Department dishonored because of insufficient funds. Any
6person who:
7        (1) delivers a check or other payment to the
8    Department that is returned to the Department unpaid by
9    the financial institution upon which it was drawn; or
10        (2) presents a credit card or debit card for payment
11    that is invalid or expired or against which charges by the
12    Department are declined or dishonored;
13shall pay to the Department, in addition to the amount already
14owed to the Department, a fine of $50. The fines imposed by
15this Section are in addition to any other discipline provided
16under this Act for unlicensed practice or practice on a
17non-renewed license. The Department shall notify the applicant
18or licensee that payment of fees and fines shall be paid to the
19Department by certified check or money order within 30
20calendar days after the notification. If, after the expiration
21of 30 days from the date of the notification, the person has
22failed to submit the necessary remittance, the Department
23shall automatically terminate the license or deny the
24application, without hearing. After If, after termination or
25denial, the person seeking seeks a license, he or she must

 

 

10200HB0806sam001- 368 -LRB102 02614 SPS 26970 a

1apply to the Department for restoration or issuance of the
2license and pay all fees and fines due to the Department. The
3Department may establish a fee for the processing of an
4application for restoration of a license to pay all of the
5expenses of processing the application. The Secretary may
6waive the fines due under this Section in individual cases
7where the Secretary finds that the penalties or fines would be
8unreasonable or unnecessarily burdensome.
9(Source: P.A. 96-844, eff. 12-23-09.)
 
10    (225 ILCS 458/20-5)
11    (Section scheduled to be repealed on January 1, 2022)
12    Sec. 20-5. Education providers.
13    (a) No person shall operate an education provider entity
14without possessing an active license issued by the Department.
15Only Beginning July 1, 2002, only education providers licensed
16or otherwise approved by the Department may provide the
17qualifying and continuing education courses required for
18licensure under this Act. Every person that desires to obtain
19an education provider license shall make application to the
20Department in a manner prescribed by the Department and pay
21the fee prescribed by rule.
22    (b) A person or entity seeking to be licensed as an
23education provider under this Act shall provide satisfactory
24evidence of the following:
25        (1) a sound financial base for establishing,

 

 

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1    promoting, and delivering the necessary courses;
2        (2) (blank); a sufficient number of qualified
3    instructors;
4        (3) (blank); adequate support personnel to assist with
5    administrative matters and technical assistance;
6        (4) (blank); a written policy dealing with procedures
7    for management of grievances and fee refunds;
8        (5) a qualified administrator, who is responsible for
9    the administration of the education provider, courses, and
10    the actions of the instructors; and
11        (6) any other requirements as provided by rule; and .
12        (7) proof of good standing with the Secretary of State
13    and authority to conduct businesses in this State.
14    (c) All applicants for an education provider's license
15shall make initial application to the Department on forms
16provided by the Department, or through a multi-state licensing
17system as designated by the Secretary, and pay the appropriate
18fee as provided by rule. The term, expiration date, and
19renewal of an education provider's license shall be
20established by rule.
21    (d) An education provider shall provide each successful
22course participant with a certificate of completion signed by
23the school administrator. The format and content of the
24certificate shall be specified by rule.
25    (e) All education providers shall provide to the
26Department a monthly roster of all successful course

 

 

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1participants as provided by rule.
2(Source: P.A. 100-604, eff. 7-13-18.)
 
3    (225 ILCS 458/20-10)
4    (Section scheduled to be repealed on January 1, 2022)
5    Sec. 20-10. Course approval.
6    (a) Only courses offered by licensed education providers
7and approved by the Department, courses approved by the AQB,
8or courses approved by jurisdictions monitored regulated by
9the Appraisal Subcommittee shall be used to meet the
10requirements of this Act and rules.
11    (b) An education provider licensed under this Act may
12submit courses to the Department, or through a multi-state
13licensing system as designated by the Secretary, for approval.
14The criteria, requirements, and fees for courses shall be
15established by rule in accordance with this Act and the
16criteria established by the AQB.
17    (c) For each course approved, the Department shall issue a
18license to the education provider. The term, expiration date,
19and renewal of a course approval shall be established by rule.
20    (d) An education provider must use an instructor for each
21course approved by the Department who (i) holds a valid real
22estate appraisal license in good standing as a State certified
23general real estate appraiser or a State certified residential
24real estate appraiser in Illinois or any other jurisdiction
25monitored by the Appraisal Subcommittee, (ii) holds a valid

 

 

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1teaching certificate issued by the State of Illinois, (iii) is
2a faculty member in good standing with an accredited college
3or university or community college, or (iv) satisfies
4requirements established by rule is an approved appraisal
5instructor from an appraisal organization that is a member of
6the Appraisal Foundation.
7(Source: P.A. 100-604, eff. 7-13-18.)
 
8    (225 ILCS 458/25-10)
9    (Section scheduled to be repealed on January 1, 2022)
10    Sec. 25-10. Real Estate Appraisal Administration and
11Disciplinary Board; appointment.
12    (a) There is hereby created the Real Estate Appraisal
13Administration and Disciplinary Board. The Board shall be
14composed of the Coordinator and 10 persons appointed by the
15Governor, plus the Coordinator of the Real Estate Appraisal
16Division. Members shall be appointed to the Board subject to
17the following conditions:
18        (1) All appointed members shall have been residents
19    and citizens of this State for at least 5 years prior to
20    the date of appointment.
21        (2) The appointed membership of the Board should
22    reasonably reflect the geographic distribution of the
23    population of the State.
24        (3) Four appointed members shall have been actively
25    engaged and currently licensed as State certified general

 

 

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1    real estate appraisers for a period of not less than 5
2    years.
3        (4) Three Two appointed members shall have been
4    actively engaged and currently licensed as State certified
5    residential real estate appraisers for a period of not
6    less than 5 years.
7        (5) One Two appointed member members shall hold a
8    valid license as a real estate broker for at least 3 10
9    years prior to the date of the appointment and , one of whom
10    shall hold either a valid State certified general real
11    estate appraiser license or a valid State certified
12    residential appraiser license issued under this Act or a
13    predecessor Act for a period of at least 5 years prior to
14    the appointment and one of whom shall hold a valid State
15    certified residential real estate appraiser license issued
16    under this Act or a predecessor Act for a period of at
17    least 5 years prior to the appointment.
18        (6) One appointed member shall be a representative of
19    a financial institution, as evidenced by proof of his or
20    her employment with a financial institution.
21        (7) One appointed member shall represent the interests
22    of the general public. This member or the member's his or
23    her spouse shall not be licensed under this Act nor be
24    employed by or have any financial interest in an appraisal
25    business, appraisal management company, real estate
26    brokerage business, or a financial institution.

 

 

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1    In making appointments as provided in paragraphs (3) and
2(4) of this subsection, the Governor shall give due
3consideration to recommendations by members and organizations
4representing the profession.
5    In making the appointments as provided in paragraph (5) of
6this subsection, the Governor shall give due consideration to
7the recommendations by members and organizations representing
8the real estate industry.
9    In making the appointment as provided in paragraph (6) of
10this subsection, the Governor shall give due consideration to
11the recommendations by members and organizations representing
12financial institutions.
13    (b) The members' terms shall be for 4 years or until a
14successor is appointed and expire upon completion of the term.
15No member shall be reappointed to the Board for a term that
16would cause the member's his or her cumulative service to the
17Board to exceed 10 years. Appointments to fill vacancies shall
18be for the unexpired portion of the term.
19    (c) The Governor may terminate the appointment of a member
20for cause that, in the opinion of the Governor, reasonably
21justifies the termination. Cause for termination may include,
22without limitation, misconduct, incapacity, neglect of duty,
23or missing 4 Board meetings during any one fiscal calendar
24year.
25    (d) A majority of the Board members shall constitute a
26quorum. A vacancy in the membership of the Board shall not

 

 

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1impair the right of a quorum to exercise all of the rights and
2perform all of the duties of the Board.
3    (e) The Board shall meet at least monthly quarterly and
4may be convened by the Chairperson, Vice-Chairperson, or 3
5members of the Board upon 10 days written notice.
6    (f) The Board shall, annually at the first meeting of the
7fiscal year, elect a Chairperson and Vice-Chairperson from its
8members. The Chairperson shall preside over the meetings and
9shall coordinate with the Coordinator in developing and
10distributing an agenda for each meeting. In the absence of the
11Chairperson, the Vice-Chairperson shall preside over the
12meeting.
13    (g) The Coordinator of the Real Estate Appraisal Division
14shall serve as a member of the Board without vote.
15    (h) The Board shall advise and make recommendations to the
16Department on the education and experience qualifications of
17any applicant for initial licensure as a State certified
18general real estate appraiser or a State certified residential
19real estate appraiser. The Department shall not make any
20decisions concerning education or experience qualifications of
21an applicant for initial licensure as a State certified
22general real estate appraiser or a State certified residential
23real estate appraiser without having first received the advice
24and recommendation of the Board and shall give due
25consideration to all such advice and recommendations; however,
26if the Board does not render advice or make a recommendation

 

 

10200HB0806sam001- 375 -LRB102 02614 SPS 26970 a

1within a reasonable amount of time, then the Department may
2render a decision.
3    (i) Except as provided in Section 15-17 of this Act, the
4Board shall hear and make recommendations to the Secretary on
5disciplinary matters that require a formal evidentiary
6hearing. The Secretary shall give due consideration to the
7recommendations of the Board involving discipline and
8questions involving standards of professional conduct of
9licensees.
10    (j) The Department shall seek and the Board shall provide
11recommendations to the Department consistent with the
12provisions of this Act and for the administration and
13enforcement of all rules adopted pursuant to this Act. The
14Department shall give due consideration to such
15recommendations prior to adopting rules.
16    (k) The Department shall seek and the Board shall provide
17recommendations to the Department on the approval of all
18courses submitted to the Department pursuant to this Act and
19the rules adopted pursuant to this Act. The Department shall
20not approve any courses without having first received the
21recommendation of the Board and shall give due consideration
22to such recommendations prior to approving and licensing
23courses; however, if the Board does not make a recommendation
24within a reasonable amount of time, then the Department may
25approve courses.
26    (l) Each voting member of the Board shall receive a per

 

 

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1diem stipend in an amount to be determined by the Secretary.
2While engaged in the performance of duties, each Each member
3shall be paid the his or her necessary expenses while engaged
4in the performance of his or her duties.
5    (m) Members of the Board shall be immune from suit in an
6action based upon any disciplinary proceedings or other acts
7performed in good faith as members of the Board.
8    (n) If the Department disagrees with any advice or
9recommendation provided by the Board under this Section to the
10Secretary or the Department, then notice of such disagreement
11must be provided to the Board by the Department.
12    (o) (Blank). Upon resolution adopted at any Board meeting,
13the exercise of any Board function, power, or duty enumerated
14in this Section or in subsection (d) of Section 15-10 of this
15Act may be suspended. The exercise of any suspended function,
16power, or duty of the Board may be reinstated by a resolution
17adopted at a subsequent Board meeting. Any resolution adopted
18pursuant to this Section shall take effect immediately.
19(Source: P.A. 100-886, eff. 8-14-18.)
 
20    (225 ILCS 458/25-15)
21    (Section scheduled to be repealed on January 1, 2022)
22    Sec. 25-15. Coordinator of Real Estate Appraisal
23Coordinator; appointment; duties. The Secretary shall appoint,
24subject to the Personnel Code, a Coordinator of Real Estate
25Appraisal. In appointing the Coordinator, the Secretary shall

 

 

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1give due consideration to recommendations made by members,
2organizations, and associations of the real estate appraisal
3industry. The On or after January 1, 2010, the Coordinator
4must hold a current, valid State certified general real estate
5appraiser license for a period of at least 5 years prior to
6appointment. The Coordinator shall not practice during the
7term of the his or her appointment. The Coordinator must take
8the 30-hour National Instructors Course on Uniform Standards
9of Professional Appraisal Practice. The Coordinator shall be
10credited with all fees that came due during the Coordinator's
11his or her employment. The Coordinator shall:
12        (1) serve as a member of the Real Estate Appraisal
13    Administration and Disciplinary Board without vote;
14        (2) be the direct liaison between the Department, the
15    profession, and the real estate appraisal industry
16    organizations and associations;
17        (3) prepare and circulate to licensees such
18    educational and informational material as the Department
19    deems necessary for providing guidance or assistance to
20    licensees;
21        (4) appoint necessary committees to assist in the
22    performance of the functions and duties of the Department
23    under this Act;
24        (5) (blank); and
25        (6) be authorized to investigate and determine the
26    facts of a complaint; the coordinator may interview

 

 

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1    witnesses, the complainant, and any licensees involved in
2    the alleged matter and make a recommendation as to the
3    findings of fact.
4(Source: P.A. 97-602, eff. 8-26-11; 98-1109, eff. 1-1-15.)
 
5    (225 ILCS 458/25-16)
6    (Section scheduled to be repealed on January 1, 2022)
7    Sec. 25-16. Staff. The Department shall employ a minimum
8of one investigator with an active certified appraiser license
9per 2,000 licensees in order to have sufficient staff to
10perform the Department's obligations under this Act.
11(Source: P.A. 100-832, eff. 1-1-19.)
 
12    (225 ILCS 458/25-20)
13    (Section scheduled to be repealed on January 1, 2022)
14    Sec. 25-20. Department; powers and duties. The Department
15of Financial and Professional Regulation shall exercise the
16powers and duties prescribed by the Civil Administrative Code
17of Illinois for the administration of licensing Acts and shall
18exercise such other powers and duties as are prescribed by
19this Act for the administration of this Act. The Department
20may contract with third parties for services necessary for the
21proper administration of this Act, including without
22limitation, investigators with the proper knowledge, training,
23and skills to properly investigate complaints against real
24estate appraisers.

 

 

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1    The Department shall maintain and update a registry of the
2names and addresses of all licensees and a listing of
3disciplinary orders issued pursuant to this Act and shall
4transmit the registry, along with any national registry fees
5that may be required, to the entity specified by, and in a
6manner consistent with, Title XI of the federal Financial
7Institutions Reform, Recovery and Enforcement Act of 1989.
8(Source: P.A. 96-844, eff. 12-23-09.)
 
9    (225 ILCS 458/25-25)
10    (Section scheduled to be repealed on January 1, 2022)
11    Sec. 25-25. Rules. The Department, after notifying and
12considering any recommendations of the Board, if any, shall
13adopt rules that may be necessary for administration,
14implementation, and enforcement of the Act.
15(Source: P.A. 96-844, eff. 12-23-09.)
 
16    (225 ILCS 458/25-35 new)
17    Sec. 25-35. No private right of action. Except as
18otherwise expressly provided for in this Act, nothing in this
19Act shall be construed to grant to any person a private right
20of action to enforce the provisions of this Act or the rules
21adopted under this Act.
 
22    (225 ILCS 458/30-5)
23    (Section scheduled to be repealed on January 1, 2022)

 

 

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1    Sec. 30-5. Savings provisions.
2    (a) This Act is intended to replace the Real Estate
3Appraiser Licensing Act in all respects.
4    (b) Beginning July 1, 2002, the rights, powers, and duties
5exercised by the Office of Banks and Real Estate under the Real
6Estate Appraiser Licensing Act shall continue to be vested in,
7to be the obligation of, and to be exercised by the Division of
8Real Estate of the Department of Financial and Professional
9Regulation Office of Banks and Real Estate under the
10provisions of this Act.
11    (c) This Act does not affect any act done, ratified, or
12cancelled, any right occurring or established, or any action
13or proceeding commenced in an administrative, civil, or
14criminal cause before July 1, 2002 by the Office of Banks and
15Real Estate under the Real Estate Appraiser Licensing Act.
16Those actions or proceedings may be prosecuted and continued
17by the Division of Real Estate of the Department of Financial
18and Professional Regulation Office of Banks and Real Estate
19under this Act.
20    (d) This Act does not affect any license, certificate,
21permit, or other form of licensure issued by the Office of
22Banks and Real Estate under the Real Estate Appraiser
23Licensing Act, except as provided is subsection (c) of Section
245-25. All such licenses, certificates, permits, or other form
25of licensure shall continue to be valid under the terms and
26conditions of this Act.

 

 

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1    (e) The rules adopted by the Office of Banks and Real
2Estate relating to the Real Estate Appraiser Licensing Act,
3unless inconsistent with the provisions of this Act, are not
4affected by this Act, and on July 1, 2002, those rules become
5rules under this Act. The Office of Banks and Real Estate
6shall, as soon as practicable, adopt new or amended rules
7consistent with the provisions of this Act.
8    (f) This Act does not affect any discipline, suspension,
9or termination that has occurred under the Real Estate
10Appraiser Licensing Act or other predecessor Act. Any action
11for discipline, suspension, or termination instituted under
12the Real Estate Appraiser Licensing Act shall be continued
13under this Act.
14(Source: P.A. 92-180, eff. 7-1-02.)
 
15    (225 ILCS 458/10-17 rep.)
16    (225 ILCS 458/30-10 rep.)
17    Section 85. The Real Estate Appraiser Licensing Act of
182002 is amended by repealing Sections 10-17 and 30-10.
 
19    Section 90. The Appraisal Management Company Registration
20Act is amended by changing Sections 10 and 15 as follows:
 
21    (225 ILCS 459/10)
22    Sec. 10. Definitions. In this Act:
23    "Address of record" means the principal address recorded

 

 

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1by the Department in the applicant's or registrant's
2application file or registration file maintained by the
3Department's registration maintenance unit.
4    "Applicant" means a person or entity who applies to the
5Department for a registration under this Act.
6    "Appraisal" means (noun) the act or process of developing
7an opinion of value; an opinion of value (adjective) of or
8pertaining to appraising and related functions.
9    "Appraisal firm" means an appraisal entity that is 100%
10owned and controlled by a person or persons licensed in
11Illinois as a certified general real estate appraiser or a
12certified residential real estate appraiser. An appraisal firm
13does not include an appraisal management company.
14    "Appraisal management company" means any corporation,
15limited liability company, partnership, sole proprietorship,
16subsidiary, unit, or other business entity that directly or
17indirectly: (1) provides appraisal management services to
18creditors or secondary mortgage market participants, including
19affiliates; (2) provides appraisal management services in
20connection with valuing the consumer's principal dwelling as
21security for a consumer credit transaction (including consumer
22credit transactions incorporated into securitizations); and
23(3) within a given year, oversees an appraiser panel of any
24size of State-certified appraisers in Illinois; and (4) any
25appraisal management company that, within a given 12-month
26period year, oversees an appraiser panel of 16 or more

 

 

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1State-certified appraisers in Illinois or 25 or more
2State-certified or State-licensed appraisers in 2 or more
3jurisdictions shall be subject to the appraisal management
4company national registry fee in addition to the appraiser
5panel fee. "Appraisal management company" includes a hybrid
6entity.
7    "Appraisal management company national registry fee" means
8the fee implemented pursuant to Title XI of the federal
9Financial Institutions Reform, Recovery and Enforcement Act of
101989 for an appraiser management company's national registry.
11    "Appraisal management services" means one or more of the
12following:
13        (1) recruiting, selecting, and retaining appraisers;
14        (2) contracting with State-certified or State-licensed
15    appraisers to perform appraisal assignments;
16        (3) managing the process of having an appraisal
17    performed, including providing administrative services
18    such as receiving appraisal orders and appraisal reports;
19    submitting completed appraisal reports to creditors and
20    secondary market participants; collecting compensation
21    from creditors, underwriters, or secondary market
22    participants for services provided; or paying appraisers
23    for services performed; or
24        (4) reviewing and verifying the work of appraisers.
25    "Appraiser panel" means a network, list, or roster of
26licensed or certified appraisers approved by the appraisal

 

 

10200HB0806sam001- 384 -LRB102 02614 SPS 26970 a

1management company or by the end-user client to perform
2appraisals as independent contractors for the appraisal
3management company. "Appraiser panel" includes both appraisers
4accepted by an appraisal management company for consideration
5for future appraisal assignments and appraisers engaged by an
6appraisal management company to perform one or more
7appraisals. For the purposes of determining the size of an
8appraiser panel, only independent contractors of hybrid
9entities shall be counted towards the appraiser panel.
10    "Appraiser panel fee" means the amount collected from a
11registrant that, where applicable, includes an appraisal
12management company's national registry fee.
13    "Appraisal report" means a written appraisal by an
14appraiser to a client.
15    "Appraisal practice service" means valuation services
16performed by an individual acting as an appraiser, including,
17but not limited to, appraisal or appraisal review.
18    "Appraisal subcommittee" means the appraisal subcommittee
19of the Federal Financial Institutions Examination Council as
20established by Title XI.
21    "Appraiser" means a person who performs real estate or
22real property appraisals.
23    "Assignment result" means an appraiser's opinions and
24conclusions developed specific to an assignment.
25    "Audit" includes, but is not limited to, an annual or
26special audit, visit, or review necessary under this Act or

 

 

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1required by the Secretary or the Secretary's authorized
2representative in carrying out the duties and responsibilities
3under this Act.
4    "Client" means the party or parties who engage an
5appraiser by employment or contract in a specific appraisal
6assignment.
7    "Controlling Person" means:
8        (1) an owner, officer, or director of an entity
9    seeking to offer appraisal management services;
10        (2) an individual employed, appointed, or authorized
11    by an appraisal management company who has the authority
12    to:
13            (A) enter into a contractual relationship with a
14        client for the performance of an appraisal management
15        service or appraisal practice service; and
16            (B) enter into an agreement with an appraiser for
17        the performance of a real estate appraisal activity;
18        (3) an individual who possesses, directly or
19    indirectly, the power to direct or cause the direction of
20    the management or policies of an appraisal management
21    company; or
22        (4) an individual who will act as the sole compliance
23    officer with regard to this Act and any rules adopted
24    under this Act.
25    "Coordinator" means the Coordinator of the Appraisal
26Management Company Registration Unit of the Department or his

 

 

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1or her designee.
2    "Covered transaction" means a consumer credit transaction
3secured by a consumer's principal dwelling.
4    "Department" means the Department of Financial and
5Professional Regulation.
6    "Email address of record" means the designated email
7address recorded by the Department in the applicant's
8application file or the registrant's registration file
9maintained by the Department's registration maintenance unit.
10    "Entity" means a corporation, a limited liability company,
11partnership, a sole proprietorship, or other entity providing
12services or holding itself out to provide services as an
13appraisal management company or an appraisal management
14service.
15    "End-user client" means any person who utilizes or engages
16the services of an appraiser through an appraisal management
17company.
18    "Federally regulated appraisal management company" means
19an appraisal management company that is owned and controlled
20by an insured depository institution, as defined in 12 U.S.C.
211813, or an insured credit union, as defined in 12 U.S.C. 1752,
22and regulated by the Office of the Comptroller of the
23Currency, the Federal Reserve Board, the National Credit Union
24Association, or the Federal Deposit Insurance Corporation.
25    "Financial institution" means any bank, savings bank,
26savings and loan association, credit union, mortgage broker,

 

 

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1mortgage banker, registrant under the Consumer Installment
2Loan Act or the Sales Finance Agency Act, or a corporate
3fiduciary, subsidiary, affiliate, parent company, or holding
4company of any registrant, or any institution involved in real
5estate financing that is regulated by State or federal law.
6    "Foreign appraisal management company" means any appraisal
7management company organized under the laws of any other state
8of the United States, the District of Columbia, or any other
9jurisdiction of the United States.
10    "Hybrid entity" means an appraisal management company that
11hires an appraiser as an employee to perform an appraisal and
12engages an independent contractor to perform an appraisal.
13    "Multi-state licensing system" means a web-based platform
14that allows an applicant to submit the his or her application
15or registration renewal to the Department online.
16    "Person" means individuals, entities, sole
17proprietorships, corporations, limited liability companies,
18and alien, foreign, or domestic partnerships, except that when
19the context otherwise requires, the term may refer to a single
20individual or other described entity.
21    "Principal dwelling" means a residential structure that
22contains one to 4 units, whether or not that structure is
23attached to real property. "Principal dwelling" includes an
24individual condominium unit, cooperative unit, manufactured
25home, mobile home, and trailer, if it is used as a residence.
26    "Principal office" means the actual, physical business

 

 

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1address, which shall not be a post office box or a virtual
2business address, of a registrant, at which (i) the Department
3may contact the registrant and (ii) records required under
4this Act are maintained.
5    "Qualified to transact business in this State" means being
6in compliance with the requirements of the Business
7Corporation Act of 1983.
8    "Quality control review" means a review of an appraisal
9report for compliance and completeness, including grammatical,
10typographical, or other similar errors, unrelated to
11developing an opinion of value.
12    "Real estate" means an identified parcel or tract of land,
13including any improvements.
14    "Real estate related financial transaction" means any
15transaction involving:
16        (1) the sale, lease, purchase, investment in, or
17    exchange of real property, including interests in property
18    or the financing thereof;
19        (2) the refinancing of real property or interests in
20    real property; and
21        (3) the use of real property or interest in property
22    as security for a loan or investment, including mortgage
23    backed securities.
24    "Real property" means the interests, benefits, and rights
25inherent in the ownership of real estate.
26    "Secretary" means the Secretary of Financial and

 

 

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1Professional Regulation.
2    "USPAP" means the Uniform Standards of Professional
3Appraisal Practice as adopted by the Appraisal Standards Board
4under Title XI.
5    "Valuation" means any estimate of the value of real
6property in connection with a creditor's decision to provide
7credit, including those values developed under a policy of a
8government sponsored enterprise or by an automated valuation
9model or other methodology or mechanism.
10    "Written notice" means a communication transmitted by mail
11or by electronic means that can be verified between an
12appraisal management company and a licensed or certified real
13estate appraiser.
14(Source: P.A. 100-604, eff. 7-13-18.)
 
15    (225 ILCS 459/15)
16    Sec. 15. Exemptions.
17    (a) Nothing in this Act shall apply to any of the
18following:
19        (1) an agency of the federal, State, county, or
20    municipal government or an officer or employee of a
21    government agency, or person, described in this Section
22    when acting within the scope of employment of the officer
23    or employee;
24        (2) a corporate relocation company when the appraisal
25    is not used for mortgage purposes and the end user client

 

 

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1    is an employer company;
2        (3) any person licensed in this State under any other
3    Act while engaged in the activities or practice for which
4    he or she is licensed;
5        (4) any person licensed to practice law in this State
6    who is working with or on behalf of a client of that person
7    in connection with one or more appraisals for that client;
8        (5) an appraiser that enters into an agreement,
9    whether written or otherwise, with another appraiser for
10    the performance of an appraisal, and upon the completion
11    of the appraisal, the report of the appraiser performing
12    the appraisal is signed by both the appraiser who
13    completed the appraisal and the appraiser who requested
14    the completion of the appraisal, except that an appraisal
15    management company may not avoid the requirement of
16    registration under this Act by requiring an employee of
17    the appraisal management company who is an appraiser to
18    sign an appraisal that was completed by another appraiser
19    who is part of the appraisal panel of the appraisal
20    management company;
21        (6) any person acting as an agent of the Illinois
22    Department of Transportation in the acquisition or
23    relinquishment of land for transportation issues to the
24    extent of their contract scope;
25        (7) a design professional entity when the appraisal is
26    not used for mortgage purposes and the end user client is

 

 

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1    an agency of State government or a unit of local
2    government;
3        (8) an appraiser firm whose ownership is appropriately
4    certified under the Real Estate Appraiser Licensing Act of
5    2002; or
6        (9) an appraisal management company solely engaged in
7    non-residential appraisal management services; or .
8        (10) a department or division of an entity that
9    provides appraisal management services only to that
10    entity.
11    (b) A federally regulated appraisal management company
12shall register with the Department for the sole purpose of
13collecting required information for, and to pay all fees
14associated with, the State of Illinois' obligation to register
15the federally regulated appraisal management company with the
16Appraisal Management Companies National Registry, but the
17federally regulated appraisal management company is otherwise
18exempt from all other provisions in this Act.
19    (c) In the event that the Final Interim Rule of the federal
20Dodd-Frank Wall Street Reform and Consumer Protection Act
21provides that an appraisal management company is a subsidiary
22owned and controlled by a financial institution regulated by a
23federal financial institution's regulatory agency and is
24exempt from State appraisal management company registration
25requirements, the Department, shall, by rule, provide for the
26implementation of such an exemption.

 

 

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1(Source: P.A. 100-604, eff. 7-13-18.)
 
2    Section 95. The Petroleum Equipment Contractors Licensing
3Act is amended by changing Sections 35, 45, 60, and 65 and by
4adding Section 73 as follows:
 
5    (225 ILCS 729/35)
6    (Section scheduled to be repealed on January 1, 2022)
7    Sec. 35. Licensure qualifications and fees.
8    (a) Applicants for a license must submit to the Office all
9of the following:
10        (1) fees as established by the Office;
11        (2) evidence of current registration as an Illinois
12    corporation or other business entity and, when applicable,
13    evidence of compliance with the Assumed Business Name Act;
14    if the corporation or business entity does not have
15    evidence of current registration, such as a Secretary of
16    State issued Certificate of Good Standing, the Office has
17    the authority to deny or revoke the license of such a
18    corporation or business entity;
19        (3) evidence of financial responsibility in a minimum
20    amount of $1,000,000 through liability insurance,
21    self-insurance, group insurance, group self-insurance, or
22    risk retention groups that must include completed
23    operations and environmental impairment; and
24        (4) evidence of compliance with the qualifications and

 

 

10200HB0806sam001- 393 -LRB102 02614 SPS 26970 a

1    standards established by the Office.
2    (b) The contractor must possess a license from the Office
3to perform the following types of activity:
4        (1) installation of underground storage tanks;
5        (2) repair of USTs, which shall include retrofitting
6    and installation of cathodic protection systems;
7        (3) decommissioning of USTs including abandonment in
8    place;
9        (4) relining of USTs;
10        (5) tank and piping tightness testing;
11        (6) testing of cathodic protection systems; and
12        (7) any other category established by the Office of
13    the State Fire Marshal.
14    (c) (Blank).
15(Source: P.A. 97-428, eff. 8-16-11.)
 
16    (225 ILCS 729/45)
17    (Section scheduled to be repealed on January 1, 2022)
18    Sec. 45. Issuance of license; renewal.
19    (a) The State Fire Marshal shall, upon the applicant's
20satisfactory completion of the requirements authorized under
21this Act, and upon receipt of the requisite fees, issue the
22appropriate license showing the name and business location of
23the licensee and the dates of issuance and expiration.
24    (b) Each licensee may apply for renewal of his or her
25license upon payment of the requisite fee. The expiration date

 

 

10200HB0806sam001- 394 -LRB102 02614 SPS 26970 a

1and renewal period for each license issued under this Act
2shall be set by rule. Failure to renew by the expiration date
3shall cause the license to lapse. A lapsed license may not be
4reinstated until an a written application is filed, the
5renewal fee is paid, and a $50 reinstatement fee is paid. The
6renewal and reinstatement fees shall be waived for persons who
7did not renew while on active duty in the military and who file
8for renewal or restoration within one year after discharge
9from the active duty service.
10    (c) All fees paid pursuant to this Act are non-refundable.
11This shall not preclude the State Fire Marshal from refunding
12accidental overpayment of fees.
13(Source: P.A. 97-428, eff. 8-16-11.)
 
14    (225 ILCS 729/60)
15    (Section scheduled to be repealed on January 1, 2022)
16    Sec. 60. License renewal; display of license; inspection.
17    (a) As a condition of renewal of a license, the State Fire
18Marshal may require the licensee to report information
19pertaining to his or her practice that the State Fire Marshal
20determines to be in the interest of public safety.
21    (b) A licensee shall report a change in home or office
22address within 10 days.
23    (c) Each licensee shall prominently display his or her
24license to practice at each place from which the practice is
25being performed. If more than one location is used, branch

 

 

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1office certificates shall be issued upon payment of the fees
2to be established by the State Fire Marshal.
3    (d) If a license or certificate is lost, a duplicate shall
4be issued upon payment of the required fee to be established by
5the State Fire Marshal. If a licensee wishes to change his or
6her name, the State Fire Marshal shall issue a license in the
7new name upon payment of the required fee and upon receipt of
8satisfactory proof that the change was done in accordance with
9law.
10    (e) Each licensee shall permit his or her facilities to be
11inspected by representatives of the Office of the State Fire
12Marshal.
13(Source: P.A. 97-428, eff. 8-16-11.)
 
14    (225 ILCS 729/65)
15    (Section scheduled to be repealed on January 1, 2022)
16    Sec. 65. Disciplinary actions. Licensees shall be subject
17to disciplinary action for any of the following:
18        (1) obtaining or renewing a license by the use of
19    fraud or material deception;
20        (2) being professionally incompetent as manifested by
21    poor standards of service;
22        (3) engaging in dishonorable, unethical, or
23    unprofessional conduct of a character likely to deceive,
24    defraud, or harm the public in the course of professional
25    services or activities;

 

 

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1        (4) being convicted of a crime that has a substantial
2    relationship to his or her practice or an essential
3    element of which is misstatement, fraud, or dishonesty,
4    being convicted in this or another state of any crime that
5    is a felony under the laws of Illinois or of that state, or
6    being convicted of a felony in a federal court, unless the
7    licensee demonstrates that he or she has been sufficiently
8    rehabilitated to warrant the public trust;
9        (5) performing any service in a grossly negligent
10    manner or permitting any licensed employee to perform
11    services in a grossly negligent manner, regardless of
12    whether actual damage or damage to the public is
13    established;
14        (6) (blank); being a habitual drunk or having a
15    habitual addiction to the use of morphine, cocaine,
16    controlled substances, or other habit-forming drugs;
17        (7) willfully receiving compensation, directly or
18    indirectly, for any professional service not actually
19    rendered;
20        (8) having disciplinary action taken against his or
21    her license in another State;
22        (9) contracting or assisting unlicensed persons to
23    perform services for which a license is required under
24    this Act;
25        (10) permitting the use of his or her license to
26    enable an unlicensed person or agency to operate as a

 

 

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1    licensee;
2        (11) performing and charging for services without
3    having authorization to do so from the member of the
4    public being served; or
5        (12) failing to comply with any provision of this Act
6    or the rules adopted under this Act.
7(Source: P.A. 92-618, eff. 7-11-02.)
 
8    (225 ILCS 729/73 new)
9    Sec. 73. Citations.
10    (a) The Office of the State Fire Marshal may adopt rules to
11permit the issuance of citations for certain violations of
12this Act or the rules adopted under this Act. The citation
13shall be issued to the licensee and shall contain the
14licensee's name and address, the licensee's license number, a
15brief factual statement, the Sections of the law or rules
16allegedly violated, and the penalty imposed. The citation must
17clearly state that the licensee may choose, in lieu of
18accepting the citation, to request a hearing to appeal the
19citation. If the licensee does not file a written appeal of the
20citation with the Office of the State Fire Marshal within 15
21days after the citation is served, then the citation shall
22become a final order imposing a monetary penalty. The penalty
23shall be a monetary civil fine. In the event of a timely
24written appeal, the Office of the State Fire Marshal shall
25conduct an administrative hearing governed by the Illinois

 

 

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1Administrative Procedure Act and enter an order to sustain,
2modify, or revoke such citation. Any appeal from such hearing
3order shall be to the circuit court of the county in which the
4violation took place and shall be governed by the
5Administrative Review Law.
6    (b) The Office of the State Fire Marshal shall adopt rules
7designating violations for which a citation may be issued,
8which may specify separate hearing procedures for appeals of
9such citations so long as the hearing procedures are not
10inconsistent with the Illinois Administrative Procedure Act.
11    (c) Service of a citation may be made by personal service
12or certified mail to the licensee at the licensee's last known
13address as listed with the Office of the State Fire Marshal.
 
14    Section 100. The Mercury Thermostat Collection Act is
15amended by changing Section 55 as follows:
 
16    (415 ILCS 98/55)
17    (Section scheduled to be repealed on January 1, 2022)
18    Sec. 55. Repealer. This Act is repealed on January 1, 2023
192022.
20(Source: P.A. 101-639, eff. 6-12-20.)
 
21    Section 105. The Professional Service Corporation Act is
22amended by changing Section 3.6 as follows:
 

 

 

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1    (805 ILCS 10/3.6)  (from Ch. 32, par. 415-3.6)
2    Sec. 3.6. "Related professions" and "related professional
3services" mean more than one personal service which requires
4as a condition precedent to the rendering thereof the
5obtaining of a license and which prior to October 1, 1973 could
6not be performed by a corporation by reason of law; provided,
7however, that these terms shall be restricted to:
8        (1) a combination of 2 or more of the following
9    personal services: (a) "architecture" as defined in
10    Section 5 of the Illinois Architecture Practice Act of
11    1989, (b) "professional engineering" as defined in Section
12    4 of the Professional Engineering Practice Act of 1989,
13    (c) "structural engineering" as defined in Section 5 of
14    the Structural Engineering Practice Act of 1989, (d) "land
15    surveying" as defined in Section 2 of the Illinois
16    Professional Land Surveyor Act of 1989;
17        (2) a combination of the following personal services:
18    (a) the practice of medicine by persons licensed under the
19    Medical Practice Act of 1987, (b) the practice of podiatry
20    as defined in the Podiatric Medical Practice Act of 1987,
21    (c) the practice of dentistry as defined in the Illinois
22    Dental Practice Act, (d) the practice of optometry as
23    defined in the Illinois Optometric Practice Act of 1987;
24        (3) a combination of 2 or more of the following
25    personal services: (a) the practice of clinical psychology
26    by persons licensed under the Clinical Psychologist

 

 

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1    Licensing Act, (b) the practice of social work or clinical
2    social work by persons licensed under the Clinical Social
3    Work and Social Work Practice Act, (c) the practice of
4    marriage and family therapy by persons licensed under the
5    Marriage and Family Therapy Licensing Act, (d) the
6    practice of professional counseling or clinical
7    professional counseling by persons licensed under the
8    Professional Counselor and Clinical Professional Counselor
9    Licensing and Practice Act, or (e) the practice of sex
10    offender evaluations by persons licensed under the Sex
11    Offender Evaluation and Treatment Provider Act; or
12        (4) a combination of 2 or more of the following
13    personal services: (a) the practice of acupuncture by
14    persons licensed under the Acupuncture Practice Act, (b)
15    the practice of massage by persons licensed under the
16    Massage Therapy Practice Licensing Act, (c) the practice
17    of naprapathy by persons licensed under the Naprapathic
18    Practice Act, (d) the practice of occupational therapy by
19    persons licensed under the Illinois Occupational Therapy
20    Practice Act, (e) the practice of physical therapy by
21    persons licensed under the Illinois Physical Therapy Act,
22    or (f) the practice of speech-language therapy by persons
23    licensed under the Illinois Speech-Language Pathology and
24    Audiology Practice Act.
25(Source: P.A. 101-95, eff. 7-19-19.)
 

 

 

10200HB0806sam001- 401 -LRB102 02614 SPS 26970 a

1    Section 999. Effective date. This Act takes effect January
21, 2022, except that this Section and Sections 5, 10, 40, and
345 take effect upon becoming law.".