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| | HB5973 Enrolled | | LRB099 19442 SMS 43834 b |
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1 | | AN ACT concerning regulation.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Funeral Directors and Embalmers Licensing |
5 | | Code is amended by changing Section 15-75 and by adding Section |
6 | | 15-72 as follows: |
7 | | (225 ILCS 41/15-72 new) |
8 | | Sec. 15-72. Applicant convictions. |
9 | | (a) When reviewing a conviction by plea of guilty or nolo |
10 | | contendere, finding of guilt, jury verdict, or entry of |
11 | | judgment or by sentencing of an initial applicant, the |
12 | | Department may only deny a license based upon consideration of |
13 | | mitigating factors provided in subsection (c) of this Section |
14 | | for a felony directly related to the practice of funeral |
15 | | directing and embalming. |
16 | | (b) The following crimes or similar offenses in any other |
17 | | jurisdiction are hereby deemed directly related to the practice |
18 | | of funeral directing and embalming: |
19 | | (1) first degree murder; |
20 | | (2) second degree murder; |
21 | | (3) drug induced homicide; |
22 | | (4) unlawful restraint; |
23 | | (5) aggravated unlawful restraint; |
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1 | | (6) forcible detention; |
2 | | (7) involuntary servitude; |
3 | | (8) involuntary sexual servitude of a minor; |
4 | | (9) predatory criminal sexual assault of a child; |
5 | | (10) aggravated criminal sexual assault; |
6 | | (11) criminal sexual assault; |
7 | | (12) criminal sexual abuse; |
8 | | (13) aggravated kidnaping; |
9 | | (14) aggravated robbery; |
10 | | (15) armed robbery; |
11 | | (16) kidnapping; |
12 | | (17) aggravated battery; |
13 | | (18) aggravated vehicular hijacking; |
14 | | (19) terrorism; |
15 | | (20) causing a catastrophe; |
16 | | (21) possession of a deadly substance; |
17 | | (22) making a terrorist threat; |
18 | | (23) material support for terrorism; |
19 | | (24) hindering prosecution of terrorism; |
20 | | (25) armed violence; |
21 | | (26) any felony based on consumer fraud or deceptive |
22 | | business practices under the Consumer Fraud and Deceptive |
23 | | Business Practices Act; |
24 | | (27) any felony requiring registration as a sex |
25 | | offender under the Sex Offender Registration Act; |
26 | | (28) attempt of any the offenses set forth in |
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1 | | paragraphs (1) through (27) of this subsection (b); and |
2 | | (29) convictions set forth in Section 15-75 of this |
3 | | Code. |
4 | | (c) The Department shall consider any mitigating factors |
5 | | contained in the record, when determining the appropriate |
6 | | disciplinary sanction, if any, to be imposed. In addition to |
7 | | those set forth in Section 2105-130 of the Department of |
8 | | Professional Regulation Law of the Civil Administrative Code of |
9 | | Illinois, mitigating factors shall include the following: |
10 | | (1) the bearing, if any, the criminal offense or |
11 | | offenses for which the person was previously convicted will |
12 | | have on his or her fitness or ability to perform one or |
13 | | more such duties and responsibilities; |
14 | | (2) the time that has elapsed since the criminal |
15 | | conviction; and |
16 | | (3) the age of the person at the time of the criminal |
17 | | conviction. |
18 | | (d) The Department shall issue an annual report by January |
19 | | 31, 2018 and by January 31 each year thereafter, indicating the |
20 | | following: |
21 | | (1) the number of initial applicants for a license |
22 | | under this Code within the preceding calendar year; |
23 | | (2) the number of initial applicants for a license |
24 | | under this Code within the previous calendar year who had a |
25 | | conviction; |
26 | | (3) the number of applicants with a conviction who were |
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1 | | granted a license under this Code within the previous year; |
2 | | (4) the number of applicants denied a license under |
3 | | this Code within the preceding calendar year; and |
4 | | (5) the number of applicants denied a license under |
5 | | this Code solely on the basis of a conviction within the |
6 | | preceding calendar year. |
7 | | (e) Nothing in this Section shall prevent the Department |
8 | | taking disciplinary or non-disciplinary action against a |
9 | | license as set forth in paragraph (2) of subsection (b) of |
10 | | Section 15-175 of this Code. |
11 | | (225 ILCS 41/15-75) |
12 | | (Section scheduled to be repealed on January 1, 2023) |
13 | | Sec. 15-75. Violations; grounds for discipline; penalties. |
14 | | (a) Each of the following acts is a Class A misdemeanor
for |
15 | | the first offense, and a Class 4 felony for each subsequent |
16 | | offense.
These penalties shall also apply to unlicensed owners |
17 | | of funeral homes. |
18 | | (1) Practicing the profession of funeral directing and |
19 | | embalming or
funeral directing, or attempting to practice |
20 | | the profession of funeral
directing and embalming or |
21 | | funeral directing without a license as a
funeral director |
22 | | and embalmer or funeral director. |
23 | | (2) Serving or attempting to serve as an intern under a |
24 | | licensed funeral
director
and embalmer
without a license as |
25 | | a licensed funeral director and embalmer intern. |
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1 | | (3) Obtaining or attempting to obtain a license, |
2 | | practice or business,
or any other thing of value, by fraud |
3 | | or misrepresentation. |
4 | | (4) Permitting any person in one's employ, under one's |
5 | | control or in or
under one's service to serve as a funeral |
6 | | director and embalmer, funeral
director, or funeral |
7 | | director and embalmer intern when the
person does not have |
8 | | the appropriate license. |
9 | | (5) Failing to display a license as required by this |
10 | | Code. |
11 | | (6) Giving false information or making a false oath or |
12 | | affidavit
required by this Code. |
13 | | (b) The Department may refuse to issue or renew, revoke, |
14 | | suspend, place on probation or administrative supervision, |
15 | | reprimand, or take other disciplinary or non-disciplinary |
16 | | action as the Department may deem appropriate, including |
17 | | imposing fines not to exceed $10,000 for each violation, with |
18 | | regard to any license under the Code for any one or combination |
19 | | of the following: |
20 | | (1) Fraud or any misrepresentation in applying for or |
21 | | procuring a license under this Code or in connection with |
22 | | applying for renewal of a license under this Code. |
23 | | (2) For licenses, conviction Conviction by plea of |
24 | | guilty or nolo contendere, finding of guilt, jury verdict, |
25 | | or entry of judgment or by sentencing of any crime, |
26 | | including, but not limited to, convictions, preceding |
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1 | | sentences of supervision, conditional discharge, or first |
2 | | offender probation, under the laws of any jurisdiction of |
3 | | the United States: (i) that is a felony or (ii) that is a |
4 | | misdemeanor, an essential element of which is dishonesty, |
5 | | or that is directly related to the practice of the |
6 | | profession and, for initial applicants, convictions set |
7 | | forth in Section 15-72 of this Act . |
8 | | (3) Violation of the laws of this State relating to the |
9 | | funeral, burial
or disposition of deceased human bodies or |
10 | | of the rules and regulations of the
Department, or the |
11 | | Department of Public Health. |
12 | | (4) Directly or indirectly paying or causing to be paid |
13 | | any sum of money
or other valuable consideration for the |
14 | | securing of business or for
obtaining authority to dispose |
15 | | of any deceased human body. |
16 | | (5) Professional incompetence, gross negligence, |
17 | | malpractice, or untrustworthiness in the practice of |
18 | | funeral
directing and embalming or funeral directing. |
19 | | (6) (Blank). |
20 | | (7) Engaging in, promoting, selling, or issuing burial |
21 | | contracts, burial
certificates, or burial insurance |
22 | | policies in connection with the
profession as a funeral |
23 | | director and embalmer, funeral director, or funeral
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24 | | director and embalmer intern in violation of any laws of |
25 | | the
State
of Illinois. |
26 | | (8) Refusing, without cause, to surrender the custody |
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1 | | of a deceased
human body upon the proper request of the |
2 | | person or persons lawfully
entitled to the custody of the |
3 | | body. |
4 | | (9) Taking undue advantage of a client or clients as to |
5 | | amount to the
perpetration of fraud. |
6 | | (10) Engaging in funeral directing and embalming or |
7 | | funeral
directing without a license. |
8 | | (11) Encouraging, requesting, or suggesting by a |
9 | | licensee or some person
working on his behalf and with his |
10 | | consent for compensation that a person
utilize the services |
11 | | of a certain funeral director and embalmer, funeral
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12 | | director, or funeral establishment unless that information |
13 | | has
been expressly requested by the person. This does not |
14 | | prohibit general
advertising or pre-need solicitation. |
15 | | (12) Making or causing to be made any false or |
16 | | misleading statements
about the laws concerning the |
17 | | disposition of human remains, including, but not
limited |
18 | | to, the need to embalm, the need for a casket for cremation |
19 | | or the
need for an outer burial container. |
20 | | (13) (Blank). |
21 | | (14) Embalming or attempting to embalm a deceased human |
22 | | body without
express prior authorization of the person |
23 | | responsible for making the
funeral arrangements for the |
24 | | body. This does not apply to cases where
embalming is |
25 | | directed by local authorities who have jurisdiction or when
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26 | | embalming is required by State or local law. A licensee may |
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1 | | embalm without express prior authorization if a good faith |
2 | | effort has been made to contact family members and has been |
3 | | unsuccessful and the licensee has no reason to believe the |
4 | | family opposes embalming. |
5 | | (15) Making a false statement on a Certificate of Death |
6 | | where the
person making the statement knew or should have |
7 | | known that the statement
was false. |
8 | | (16) Soliciting human bodies after death or while death |
9 | | is imminent. |
10 | | (17) Performing any act or practice that is a violation
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11 | | of this Code, the rules for the administration of this |
12 | | Code, or any
federal,
State or local laws, rules, or |
13 | | regulations
governing the practice of funeral directing or |
14 | | embalming. |
15 | | (18) Performing any act or practice that is a violation |
16 | | of Section 2 of
the Consumer Fraud and Deceptive Business |
17 | | Practices Act. |
18 | | (19) Engaging in dishonorable, unethical, or |
19 | | unprofessional conduct of a character
likely to deceive, |
20 | | defraud or harm the public. |
21 | | (20) Taking possession of a dead human body without |
22 | | having first
obtained express permission from the person |
23 | | holding the right to control the disposition in accordance |
24 | | with Section 5 of the Disposition of Remains Act or a |
25 | | public agency legally
authorized to direct, control or |
26 | | permit the removal of deceased human bodies. |
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1 | | (21) Advertising in a false or misleading manner or |
2 | | advertising using
the name of an unlicensed person in |
3 | | connection with any service being
rendered in the practice |
4 | | of funeral directing or funeral directing and
embalming. |
5 | | The use of any name of an unlicensed or unregistered person |
6 | | in
an advertisement so as to imply that the person will |
7 | | perform services is
considered misleading advertising. |
8 | | Nothing in this paragraph shall prevent
including the name |
9 | | of any owner, officer or corporate director of a funeral
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10 | | home, who is not a licensee, in any advertisement used by a |
11 | | funeral home
with which the individual is affiliated, if |
12 | | the advertisement specifies
the individual's affiliation |
13 | | with the funeral home. |
14 | | (22) Charging for professional services not rendered, |
15 | | including filing false statements for the collection of |
16 | | fees for which services are not rendered. |
17 | | (23) Failing to account for or remit any monies, |
18 | | documents, or personal
property that belongs to others that |
19 | | comes into a licensee's possession. |
20 | | (24) Treating any person differently to his detriment |
21 | | because of
race, color, creed, gender, religion, or |
22 | | national origin. |
23 | | (25) Knowingly making any false statements, oral or |
24 | | otherwise, of a
character likely to influence, persuade or |
25 | | induce others in the course of
performing professional |
26 | | services or activities. |
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1 | | (26) Willfully making or filing false records or |
2 | | reports in the practice
of funeral directing and embalming, |
3 | | including, but not limited to, false records filed with |
4 | | State agencies or departments. |
5 | | (27) Failing to acquire continuing education required |
6 | | under this Code. |
7 | | (28) (Blank). |
8 | | (29) Aiding or assisting another person in violating |
9 | | any provision of this Code or rules adopted pursuant to |
10 | | this Code. |
11 | | (30) Failing within 10 days, to provide information in |
12 | | response to a written request made by the Department. |
13 | | (31) Discipline by another state, District of |
14 | | Columbia, territory, foreign nation, or governmental |
15 | | agency, if at least one of the grounds for the discipline |
16 | | is the same or substantially equivalent to those set forth |
17 | | in this Section. |
18 | | (32) (Blank). |
19 | | (33) Mental illness or disability which results in the |
20 | | inability to practice the profession with reasonable |
21 | | judgment, skill, or safety. |
22 | | (34) Gross, willful, or continued overcharging for |
23 | | professional services, including filing false statements |
24 | | for collection of fees for which services are not rendered. |
25 | | (35) Physical illness, including, but not limited to, |
26 | | deterioration through the aging process or loss of motor |
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1 | | skill which results in a licensee's inability to practice |
2 | | under this Code with reasonable judgment, skill, or safety. |
3 | | (36) Failing to comply with any of the following |
4 | | required activities: |
5 | | (A) When reasonably possible, a funeral director |
6 | | licensee or funeral director and embalmer licensee or |
7 | | anyone acting on his or
her behalf shall obtain the |
8 | | express authorization of the person or persons
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9 | | responsible for making the funeral arrangements for a |
10 | | deceased human body
prior to removing a body from the |
11 | | place of death or any place it may be or
embalming or |
12 | | attempting to embalm a deceased human body, unless |
13 | | required by
State or local law. This requirement is |
14 | | waived whenever removal or
embalming is directed by |
15 | | local authorities who have jurisdiction.
If the |
16 | | responsibility for the handling of the remains |
17 | | lawfully falls under
the jurisdiction of a public |
18 | | agency, then the regulations of the public
agency shall |
19 | | prevail. |
20 | | (B) A licensee shall clearly mark the price of any |
21 | | casket offered for
sale or the price of any service |
22 | | using the casket on or in the casket if
the casket is |
23 | | displayed at the funeral establishment. If the casket |
24 | | is
displayed at any other location, regardless of |
25 | | whether the licensee is in
control of that location, |
26 | | the casket shall be clearly marked and the
registrant |
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1 | | shall use books, catalogues, brochures, or other |
2 | | printed display
aids to show the price of each casket |
3 | | or service. |
4 | | (C) At the time funeral arrangements are made and |
5 | | prior to rendering the
funeral services, a licensee |
6 | | shall furnish a written statement of services to be
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7 | | retained by the person or persons making the funeral |
8 | | arrangements, signed
by both parties, that shall |
9 | | contain: (i) the name, address and telephone number
of |
10 | | the funeral establishment and the date on which the |
11 | | arrangements were made;
(ii) the price of the service |
12 | | selected and the services and merchandise
included for |
13 | | that price; (iii) a clear disclosure that the person or |
14 | | persons
making the arrangement may decline and receive |
15 | | credit for any service or
merchandise not desired and |
16 | | not required by law or the funeral director or the
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17 | | funeral director and embalmer; (iv) the supplemental |
18 | | items of service and
merchandise requested and the |
19 | | price of each item; (v) the terms or method of
payment |
20 | | agreed upon; and (vi) a statement as to any monetary |
21 | | advances made by
the registrant on behalf of the |
22 | | family. The licensee shall maintain a copy of the |
23 | | written statement of services in its permanent |
24 | | records. All written statements of services are |
25 | | subject to inspection by the Department. |
26 | | (D) In all instances where the place of final |
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1 | | disposition of a deceased human body or the cremated |
2 | | remains of a deceased human body is a cemetery, the |
3 | | licensed funeral director and embalmer, or licensed |
4 | | funeral director, who has been engaged to provide |
5 | | funeral or embalming services shall remain at the |
6 | | cemetery and personally witness the placement of the |
7 | | human remains in their designated grave or the sealing |
8 | | of the above ground depository, crypt, or urn. The |
9 | | licensed funeral director or licensed funeral director |
10 | | and embalmer may designate a licensed funeral director |
11 | | and embalmer intern or representative of the funeral |
12 | | home to be his or her witness to the placement of the |
13 | | remains. If the cemetery authority, cemetery manager, |
14 | | or any other agent of the cemetery takes any action |
15 | | that prevents compliance with this paragraph (D), then |
16 | | the funeral director and embalmer or funeral director |
17 | | shall provide written notice to the Department within 5 |
18 | | business days after failing to comply. If the |
19 | | Department receives this notice, then the Department |
20 | | shall not take any disciplinary action against the |
21 | | funeral director and embalmer or funeral director for a |
22 | | violation of this paragraph (D) unless the Department |
23 | | finds that the cemetery authority, manager, or any |
24 | | other agent of the cemetery did not prevent the funeral |
25 | | director and embalmer or funeral director from |
26 | | complying with this paragraph (D) as claimed in the |
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1 | | written notice. |
2 | | (E) A funeral director or funeral director and |
3 | | embalmer shall fully complete the portion of the |
4 | | Certificate of Death under the responsibility of the |
5 | | funeral director or funeral director and embalmer and |
6 | | provide all required information. In the event that any |
7 | | reported information subsequently changes or proves |
8 | | incorrect, a funeral director or funeral director and |
9 | | embalmer shall immediately upon learning the correct |
10 | | information correct the Certificate of Death. |
11 | | (37) A finding by the Department that the license, |
12 | | after having his or
her license placed on probationary |
13 | | status or subjected to conditions or
restrictions, |
14 | | violated the terms of the probation or failed to comply |
15 | | with such
terms or conditions. |
16 | | (38) (Blank). |
17 | | (39) Being named as a perpetrator in an indicated |
18 | | report by the Department
of Children and Family Services |
19 | | pursuant to the Abused and Neglected Child
Reporting Act |
20 | | and, upon proof by clear and convincing evidence,
being |
21 | | found to have caused a child to be an abused child or |
22 | | neglected child as
defined
in the Abused and Neglected |
23 | | Child Reporting Act. |
24 | | (40) Habitual or excessive use or abuse of drugs |
25 | | defined in law as controlled substances, alcohol, or any |
26 | | other substance which results in the inability to practice |
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1 | | with reasonable judgment, skill, or safety. |
2 | | (41) Practicing under a false or, except as provided by |
3 | | law, an assumed name. |
4 | | (42) Cheating on or attempting to subvert the licensing |
5 | | examination administered under this Code. |
6 | | (c) The Department may refuse to issue or renew or may |
7 | | suspend without a hearing, as provided for in the Department of |
8 | | Professional Regulation Law of the Civil Administrative Code of |
9 | | Illinois, the license
of any person who fails to file a return, |
10 | | to pay the tax, penalty or interest
shown in a filed return, or |
11 | | to pay any final assessment of tax, penalty or
interest as |
12 | | required by any tax Act administered by the Illinois Department |
13 | | of
Revenue, until the time as the requirements of the tax Act |
14 | | are satisfied in accordance with subsection (g) of Section |
15 | | 2105-15 of the Department of Professional Regulation Law of the |
16 | | Civil Administrative Code of Illinois. |
17 | | (d) No action may be taken under this Code against a person |
18 | | licensed under this Code unless the action is commenced within |
19 | | 5 years after the occurrence of the alleged violations. A |
20 | | continuing violation shall be deemed to have occurred on the |
21 | | date when the circumstances last existed that give rise to the |
22 | | alleged violation. |
23 | | (e) Nothing in this Section shall be construed or enforced |
24 | | to give a funeral director and embalmer, or his or her |
25 | | designees, authority over the operation of a cemetery or over |
26 | | cemetery employees. Nothing in this Section shall be construed |
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1 | | or enforced to impose duties or penalties on cemeteries with |
2 | | respect to the timing of the placement of human remains in |
3 | | their designated grave or the sealing of the above ground |
4 | | depository, crypt, or urn due to patron safety, the allocation |
5 | | of cemetery staffing, liability insurance, a collective |
6 | | bargaining agreement, or other such reasons. |
7 | | (f) All fines imposed under this Section shall be paid 60 |
8 | | days after the effective date of the order imposing the fine. |
9 | | (g) The Department shall deny a license or renewal |
10 | | authorized by this Code to a person who has defaulted on an |
11 | | educational loan or scholarship provided or guaranteed by the |
12 | | Illinois Student Assistance Commission or any governmental |
13 | | agency of this State in accordance with item (5) of subsection |
14 | | (a) of Section 2105-15 of the Department of Professional |
15 | | Regulation Law of the Civil Administrative Code of Illinois. |
16 | | (h) In cases where the Department of Healthcare and Family |
17 | | Services has previously determined a licensee or a potential |
18 | | licensee is more than 30 days delinquent in the payment of |
19 | | child support and has subsequently certified the delinquency to |
20 | | the Department, the Department may refuse to issue or renew or |
21 | | may revoke or suspend that person's license or may take other |
22 | | disciplinary action against that person based solely upon the |
23 | | certification of delinquency made by the Department of |
24 | | Healthcare and Family Services in accordance with item (5) of |
25 | | subsection (a) of Section 2105-15 of the Department of |
26 | | Professional Regulation Law of the Civil Administrative Code of |
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1 | | Illinois. |
2 | | (i) A person not licensed under this Code who is an owner |
3 | | of a funeral establishment or funeral business shall not aid, |
4 | | abet, assist, procure, advise, employ, or contract with any |
5 | | unlicensed person to offer funeral services or aid, abet, |
6 | | assist, or direct any licensed person contrary to or in |
7 | | violation of any rules or provisions of this Code. A person |
8 | | violating this subsection shall be treated as a licensee for |
9 | | the purposes of disciplinary action under this Section and |
10 | | shall be subject to cease and desist orders as provided in this |
11 | | Code, the imposition of a fine up to $10,000 for each violation |
12 | | and any other penalty provided by law. |
13 | | (j) The determination by a circuit court that a licensee is |
14 | | subject to involuntary admission or judicial admission as |
15 | | provided in the Mental Health and Developmental Disabilities |
16 | | Code, as amended, operates as an automatic suspension. The |
17 | | suspension may end only upon a finding by a court that the |
18 | | licensee is no longer subject to the involuntary admission or |
19 | | judicial admission and issues an order so finding and |
20 | | discharging the licensee, and upon the recommendation of the |
21 | | Board to the Secretary that the licensee be allowed to resume |
22 | | his or her practice. |
23 | | (k) In enforcing this Code, the Department, upon a showing |
24 | | of a possible violation, may compel an individual licensed to |
25 | | practice under this Code, or who has applied for licensure |
26 | | under this Code, to submit to a mental or physical examination, |
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1 | | or both, as required by and at the expense of the Department. |
2 | | The Department may order the examining physician to present |
3 | | testimony concerning the mental or physical examination of the |
4 | | licensee or applicant. No information shall be excluded by |
5 | | reason of any common law or statutory privilege relating to |
6 | | communications between the licensee or applicant and the |
7 | | examining physician. The examining physician shall be |
8 | | specifically designated by the Department. The individual to be |
9 | | examined may have, at his or her own expense, another physician |
10 | | of his or her choice present during all aspects of this |
11 | | examination. The examination shall be performed by a physician |
12 | | licensed to practice medicine in all its branches. Failure of |
13 | | an individual to submit to a mental or physical examination, |
14 | | when directed, shall result in an automatic suspension without |
15 | | hearing. |
16 | | A person holding a license under this Code or who has |
17 | | applied for a license under this Code who, because of a |
18 | | physical or mental illness or disability, including, but not |
19 | | limited to, deterioration through the aging process or loss of |
20 | | motor skill, is unable to practice the profession with |
21 | | reasonable judgment, skill, or safety, may be required by the |
22 | | Department to submit to care, counseling, or treatment by |
23 | | physicians approved or designated by the Department as a |
24 | | condition, term, or restriction for continued, reinstated, or |
25 | | renewed licensure to practice. Submission to care, counseling, |
26 | | or treatment as required by the Department shall not be |
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1 | | considered discipline of a license. If the licensee refuses to |
2 | | enter into a care, counseling, or treatment agreement or fails |
3 | | to abide by the terms of the agreement, the Department may file |
4 | | a complaint to revoke, suspend, or otherwise discipline the |
5 | | license of the individual. The Secretary may order the license |
6 | | suspended immediately, pending a hearing by the Department. |
7 | | Fines shall not be assessed in disciplinary actions involving |
8 | | physical or mental illness or impairment. |
9 | | In instances in which the Secretary immediately suspends a |
10 | | person's license under this Section, a hearing on that person's |
11 | | license must be convened by the Department within 15 days after |
12 | | the suspension and completed without appreciable delay. The |
13 | | Department shall have the authority to review the subject |
14 | | individual's record of treatment and counseling regarding the |
15 | | impairment to the extent permitted by applicable federal |
16 | | statutes and regulations safeguarding the confidentiality of |
17 | | medical records. |
18 | | An individual licensed under this Code and affected under |
19 | | this Section shall be afforded an opportunity to demonstrate to |
20 | | the Department that he or she can resume practice in compliance |
21 | | with acceptable and prevailing standards under the provisions |
22 | | of his or her license. |
23 | | (Source: P.A. 97-1130, eff. 8-28-12; 98-756, eff. 7-16-14.) |
24 | | Section 10. The Illinois Roofing Industry Licensing Act is |
25 | | amended by changing Section 9.1 and by adding Section 7.1 as |
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1 | | follows: |
2 | | (225 ILCS 335/7.1 new) |
3 | | Sec. 7.1. Applicant convictions. |
4 | | (a) When reviewing a conviction by plea of guilty or nolo |
5 | | contendere, finding of guilt, jury verdict, or entry of |
6 | | judgment or by sentencing of an initial applicant, the |
7 | | Department may only deny a license based upon consideration of |
8 | | mitigating factors provided in subsection (c) of this Section |
9 | | for a felony directly related to the practice of roofing |
10 | | contracting. |
11 | | (b) The following crimes or similar offenses in any other |
12 | | jurisdiction are hereby deemed directly related to the practice |
13 | | of roofing contracting: |
14 | | (1) first degree murder; |
15 | | (2) second degree murder; |
16 | | (3) drug induced homicide; |
17 | | (4) unlawful restraint; |
18 | | (5) aggravated unlawful restraint; |
19 | | (6) forcible detention; |
20 | | (7) involuntary servitude; |
21 | | (8) involuntary sexual servitude of a minor; |
22 | | (9) predatory criminal sexual assault of a child; |
23 | | (10) aggravated criminal sexual assault; |
24 | | (11) criminal sexual assault; |
25 | | (12) criminal sexual abuse; |
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1 | | (13) aggravated kidnaping; |
2 | | (14) aggravated robbery; |
3 | | (15) armed robbery; |
4 | | (16) kidnapping; |
5 | | (17) aggravated battery; |
6 | | (18) aggravated vehicular hijacking; |
7 | | (19) home invasion; |
8 | | (20) terrorism; |
9 | | (21) causing a catastrophe; |
10 | | (22) possession of a deadly substance; |
11 | | (23) making a terrorist threat; |
12 | | (24) material support for terrorism; |
13 | | (25) hindering prosecution of terrorism; |
14 | | (26) armed violence; |
15 | | (27) any felony based on consumer fraud or deceptive |
16 | | business practices under the Consumer Fraud and Deceptive |
17 | | Business Practices Act; |
18 | | (28) any felony requiring registration as a sex |
19 | | offender under the Sex Offender Registration Act; |
20 | | (29) attempt of any the offenses set forth in |
21 | | paragraphs (1) through (28) of this subsection (b); and |
22 | | (30) convictions set forth in subsection (e) of Section |
23 | | 5 or Section 9.8 of this Act. |
24 | | (c) The Department shall consider any mitigating factors |
25 | | contained in the record, when determining the appropriate |
26 | | disciplinary sanction, if any, to be imposed. In addition to |
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1 | | those set forth in Section 2105-130 of the Department of |
2 | | Professional Regulation Law of the Civil Administrative Code of |
3 | | Illinois, mitigating factors shall include the following: |
4 | | (1) the bearing, if any, the criminal offense or |
5 | | offenses for which the person was previously convicted will |
6 | | have on his or her fitness or ability to perform one or |
7 | | more such duties and responsibilities; |
8 | | (2) the time that has elapsed since the criminal |
9 | | conviction; and |
10 | | (3) the age of the person at the time of the criminal |
11 | | conviction. |
12 | | (d) The Department shall issue an annual report by January |
13 | | 31, 2018 and by January 31 each year thereafter, indicating the |
14 | | following: |
15 | | (1) the number of initial applicants for a license |
16 | | under this Act within the preceding calendar year; |
17 | | (2) the number of initial applicants for a license |
18 | | under this Act within the previous calendar year who had a |
19 | | conviction; |
20 | | (3) the number of applicants with a conviction who were |
21 | | granted a license under this Act within the previous year; |
22 | | (4) the number of applicants denied a license under |
23 | | this Act within the preceding calendar year; and |
24 | | (5) the number of applicants denied a license under |
25 | | this Act solely on the basis of a conviction within the |
26 | | preceding calendar year. |
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1 | | (e) Nothing in this Section shall prevent the Department |
2 | | taking disciplinary or non-disciplinary action against a |
3 | | license as set forth in Section 9.1 of this Act. |
4 | | (225 ILCS 335/9.1) (from Ch. 111, par. 7509.1) |
5 | | (Section scheduled to be repealed on January 1, 2026) |
6 | | Sec. 9.1. Grounds for disciplinary action. |
7 | | (1) The Department may refuse
to issue or to renew, or may |
8 | | revoke, suspend, place on probation, reprimand
or take other |
9 | | disciplinary or non-disciplinary action as the Department may |
10 | | deem proper,
including fines not to exceed $10,000 for each |
11 | | violation, with regard to any
license for any one or |
12 | | combination of the following: |
13 | | (a) violation of this Act or its rules; |
14 | | (b) for licensees, conviction or plea of guilty or nolo |
15 | | contendere, finding of guilt, jury verdict, or entry of |
16 | | judgment or sentencing of any crime, including, but not |
17 | | limited to, convictions, preceding sentences of |
18 | | supervision, conditional discharge, or first offender |
19 | | probation, under the laws of any jurisdiction of the United |
20 | | States that is (i) a felony or (ii) a misdemeanor, an |
21 | | essential element
of which is dishonesty or that is
|
22 | | directly related to the
practice of the profession and, for |
23 | | initial applicants, convictions set forth in Section 7.1 of |
24 | | this Act ; |
25 | | (c) fraud or any misrepresentation in applying for or |
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1 | | procuring a license under this Act, or in connection with |
2 | | applying for renewal of a license under this Act; |
3 | | (d) professional incompetence or gross negligence in |
4 | | the practice of
roofing contracting, prima facie evidence |
5 | | of which may be a conviction or judgment in any court of |
6 | | competent jurisdiction against an applicant or licensee |
7 | | relating to the practice of roofing contracting or the |
8 | | construction of a roof or repair thereof that results in |
9 | | leakage within 90 days after the completion of such work; |
10 | | (e) (blank); |
11 | | (f) aiding or assisting another person in violating any |
12 | | provision of
this Act or rules; |
13 | | (g) failing, within 60 days, to provide information in |
14 | | response to a
written request made by the Department; |
15 | | (h) engaging in dishonorable, unethical, or |
16 | | unprofessional conduct of a
character likely to deceive, |
17 | | defraud, or harm the public; |
18 | | (i) habitual or excessive use or abuse of controlled |
19 | | substances, as defined by the Illinois Controlled |
20 | | Substances Act, alcohol, or any other substance that |
21 | | results in the
inability to practice with reasonable |
22 | | judgment, skill, or safety; |
23 | | (j) discipline by another state, unit of government, or |
24 | | government agency, the District of Columbia, a territory, |
25 | | or a foreign nation, if at
least one of the grounds for the |
26 | | discipline is the same or substantially
equivalent to those |
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1 | | set forth in this Section; |
2 | | (k) directly or indirectly giving to or receiving from |
3 | | any person, firm,
corporation, partnership, or association |
4 | | any fee, commission, rebate, or
other form of compensation |
5 | | for any professional services not actually or
personally |
6 | | rendered; |
7 | | (l) a finding by the Department that the licensee, |
8 | | after having his
or her license disciplined, has violated |
9 | | the terms of the discipline; |
10 | | (m) a finding by any court of competent jurisdiction, |
11 | | either within or
without this State, of any violation of |
12 | | any law governing the practice of
roofing contracting, if |
13 | | the Department determines, after investigation,
that such |
14 | | person has not been sufficiently rehabilitated to warrant |
15 | | the
public trust; |
16 | | (n) willfully making or filing false records or reports |
17 | | in the practice of roofing contracting, including, but not |
18 | | limited to, false records filed with the State agencies or |
19 | | departments; |
20 | | (o) practicing, attempting to practice, or advertising |
21 | | under
a name
other than the
full name as shown on the |
22 | | license or any other legally authorized name; |
23 | | (p) gross and willful overcharging for professional |
24 | | services including
filing false statements for collection |
25 | | of fees or monies for which services
are not rendered; |
26 | | (q) (blank); |
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1 | | (r) (blank); |
2 | | (s) failure to continue to meet the requirements of |
3 | | this Act shall be
deemed a violation; |
4 | | (t) physical or mental disability, including |
5 | | deterioration through the
aging process or loss of |
6 | | abilities and skills that result in an inability to
|
7 | | practice the profession with reasonable judgment, skill, |
8 | | or safety; |
9 | | (u) material misstatement in furnishing information to |
10 | | the Department or
to
any other State agency; |
11 | | (v) (blank); |
12 | | (w) advertising in any manner that is false, |
13 | | misleading, or deceptive; |
14 | | (x) taking undue advantage of a customer, which results |
15 | | in the perpetration of a fraud; |
16 | | (y) performing any act or practice that is a violation |
17 | | of the Consumer Fraud and Deceptive Business Practices Act; |
18 | | (z) engaging in the practice of roofing contracting, as |
19 | | defined in this Act, with a suspended, revoked, or |
20 | | cancelled license; |
21 | | (aa) treating any person differently to the person's |
22 | | detriment because of race, color, creed, gender, age, |
23 | | religion, or national origin; |
24 | | (bb) knowingly making any false statement, oral, |
25 | | written, or otherwise, of a character likely to influence, |
26 | | persuade, or induce others in the course of obtaining or |
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1 | | performing roofing contracting services; |
2 | | (cc) violation of any final administrative action of |
3 | | the Secretary;
|
4 | | (dd) allowing the use of his or her roofing license by |
5 | | an unlicensed roofing contractor for the purposes of |
6 | | providing roofing or waterproofing services; or |
7 | | (ee) (blank); |
8 | | (ff) cheating or attempting to subvert a licensing |
9 | | examination administered under this Act; or |
10 | | (gg) use of a license to permit or enable an unlicensed |
11 | | person to provide roofing contractor services. |
12 | | (2) The determination by a circuit court that a license |
13 | | holder is subject to involuntary admission or judicial |
14 | | admission, as provided in the Mental Health and Developmental |
15 | | Disabilities Code, operates as an automatic suspension. Such |
16 | | suspension will end only upon a finding by a court that the |
17 | | patient is no longer subject to involuntary admission or |
18 | | judicial admission, an order by the court so finding and |
19 | | discharging the patient, and the recommendation of the Board to |
20 | | the Director that the license holder be allowed to resume his |
21 | | or her practice. |
22 | | (3) The Department may refuse to issue or take disciplinary |
23 | | action concerning the license of any person who fails to file a |
24 | | return, to pay the tax, penalty, or interest shown in a filed |
25 | | return, or to pay any final assessment of tax, penalty, or |
26 | | interest as required by any tax Act administered by the |
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1 | | Department of Revenue, until such time as the requirements of |
2 | | any such tax Act are satisfied as determined by the Department |
3 | | of Revenue. |
4 | | (4) In enforcing this Section, the Department, upon a |
5 | | showing of a possible violation, may compel any individual who |
6 | | is licensed under this Act or any individual who has applied |
7 | | for licensure to submit to a mental or physical examination or |
8 | | evaluation, or both, which may include a substance abuse or |
9 | | sexual offender evaluation, at the expense of the Department. |
10 | | The Department shall specifically designate the examining |
11 | | physician licensed to practice medicine in all of its branches |
12 | | or, if applicable, the multidisciplinary team involved in |
13 | | providing the mental or physical examination and evaluation. |
14 | | The multidisciplinary team shall be led by a physician licensed |
15 | | to practice medicine in all of its branches and may consist of |
16 | | one or more or a combination of physicians licensed to practice |
17 | | medicine in all of its branches, licensed chiropractic |
18 | | physicians, licensed clinical psychologists, licensed clinical |
19 | | social workers, licensed clinical professional counselors, and |
20 | | other professional and administrative staff. Any examining |
21 | | physician or member of the multidisciplinary team may require |
22 | | any person ordered to submit to an examination and evaluation |
23 | | pursuant to this Section to submit to any additional |
24 | | supplemental testing deemed necessary to complete any |
25 | | examination or evaluation process, including, but not limited |
26 | | to, blood testing, urinalysis, psychological testing, or |
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1 | | neuropsychological testing. |
2 | | (5) The Department may order the examining physician or any |
3 | | member of the multidisciplinary team to provide to the |
4 | | Department any and all records, including business records, |
5 | | that relate to the examination and evaluation, including any |
6 | | supplemental testing performed. The Department may order the |
7 | | examining physician or any member of the multidisciplinary team |
8 | | to present testimony concerning this examination and |
9 | | evaluation of the licensee or applicant, including testimony |
10 | | concerning any supplemental testing or documents relating to |
11 | | the examination and evaluation. No information, report, |
12 | | record, or other documents in any way related to the |
13 | | examination and evaluation shall be excluded by reason of any |
14 | | common law or statutory privilege relating to communication |
15 | | between the licensee or applicant and the examining physician |
16 | | or any member of the multidisciplinary team. No authorization |
17 | | is necessary from the licensee or applicant ordered to undergo |
18 | | an evaluation and examination for the examining physician or |
19 | | any member of the multidisciplinary team to provide |
20 | | information, reports, records, or other documents or to provide |
21 | | any testimony regarding the examination and evaluation. The |
22 | | individual to be examined may have, at his or her own expense, |
23 | | another physician of his or her choice present during all |
24 | | aspects of the examination. |
25 | | (6) Failure of any individual to submit to mental or |
26 | | physical examination or evaluation, or both, when directed, |
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1 | | shall result in an automatic suspension without hearing until |
2 | | such time as the individual submits to the examination. If the |
3 | | Department finds a licensee unable to practice because of the |
4 | | reasons set forth in this Section, the Department shall require |
5 | | the licensee to submit to care, counseling, or treatment by |
6 | | physicians approved or designated by the Department as a |
7 | | condition for continued, reinstated, or renewed licensure. |
8 | | (7) When the Secretary immediately suspends a license under |
9 | | this Section, a hearing upon such person's license must be |
10 | | convened by the Department within 15 days after the suspension |
11 | | and completed without appreciable delay. The Department shall |
12 | | have the authority to review the licensee's record of treatment |
13 | | and counseling regarding the impairment to the extent permitted |
14 | | by applicable federal statutes and regulations safeguarding |
15 | | the confidentiality of medical records. |
16 | | (8) Licensees affected under this Section shall be afforded |
17 | | an opportunity to demonstrate to the Department that they can |
18 | | resume practice in compliance with acceptable and prevailing |
19 | | standards under the provisions of their license. |
20 | | (9) The Department shall deny a license or renewal |
21 | | authorized by this Act to a person who has defaulted on an |
22 | | educational loan or scholarship provided or guaranteed by the |
23 | | Illinois Student Assistance Commission or any governmental |
24 | | agency of this State in accordance with paragraph (5) of |
25 | | subsection (a) of Section 2105-15 of the Department of |
26 | | Professional Regulation Law of the Civil Administrative Code of |
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1 | | Illinois. |
2 | | (10) In cases where the Department of Healthcare and Family |
3 | | Services has previously determined a licensee or a potential |
4 | | licensee is more than 30 days delinquent in the payment of |
5 | | child support and has subsequently certified the delinquency to |
6 | | the Department, the Department may refuse to issue or renew or |
7 | | may revoke or suspend that person's license or may take other |
8 | | disciplinary action against that person based solely upon the |
9 | | certification of delinquency made by the Department of |
10 | | Healthcare and Family Services in accordance with paragraph (5) |
11 | | of subsection (a) of Section 2105-15 of the Department of |
12 | | Professional Regulation Law of the Civil Administrative Code of |
13 | | Illinois. |
14 | | The changes to this Act made by this amendatory Act of 1997 |
15 | | apply only
to disciplinary actions relating to events occurring |
16 | | after the effective date
of
this amendatory Act of 1997. |
17 | | (Source: P.A. 99-469, eff. 8-26-15.) |
18 | | Section 15. The Barber, Cosmetology, Esthetics, Hair |
19 | | Braiding, and Nail
Technology Act of 1985 is amended by |
20 | | changing Section 4-7 and by adding Section 4-6.1 as follows: |
21 | | (225 ILCS 410/4-6.1 new) |
22 | | Sec. 4-6.1. Applicant convictions. |
23 | | (a) When reviewing a conviction by plea of guilty or nolo |
24 | | contendere, finding of guilt, jury verdict, or entry of |
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1 | | judgment or by sentencing of an initial applicant, the |
2 | | Department may only deny a license based upon consideration of |
3 | | mitigating factors provided in subsection (c) of this Section |
4 | | for a felony directly related to the practice of cosmetology, |
5 | | esthetics, hair braiding, nail technology, and barbering. |
6 | | (b) The following crimes or similar offenses in any other |
7 | | jurisdiction are hereby deemed directly related to the practice |
8 | | of cosmetology, esthetics, hair braiding, nail technology, and |
9 | | barbering: |
10 | | (1) first degree murder; |
11 | | (2) second degree murder; |
12 | | (3) drug induced homicide; |
13 | | (4) unlawful restraint; |
14 | | (5) aggravated unlawful restraint; |
15 | | (6) forcible detention; |
16 | | (7) involuntary servitude; |
17 | | (8) involuntary sexual servitude of a minor; |
18 | | (9) predatory criminal sexual assault of a child; |
19 | | (10) aggravated criminal sexual assault; |
20 | | (11) criminal sexual assault; |
21 | | (12) criminal sexual abuse; |
22 | | (13) aggravated kidnaping; |
23 | | (14) aggravated robbery; |
24 | | (15) armed robbery; |
25 | | (16) kidnapping; |
26 | | (17) aggravated battery; |
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1 | | (18) aggravated vehicular hijacking; |
2 | | (19) terrorism; |
3 | | (20) causing a catastrophe; |
4 | | (21) possession of a deadly substance; |
5 | | (22) making a terrorist threat; |
6 | | (23) material support for terrorism; |
7 | | (24) hindering prosecution of terrorism; |
8 | | (25) armed violence; |
9 | | (26) any felony based on consumer fraud or deceptive |
10 | | business practices under the Consumer Fraud and Deceptive |
11 | | Business Practices Act; |
12 | | (27) any felony requiring registration as a sex |
13 | | offender under the Sex Offender Registration Act; |
14 | | (28) attempt of any the offenses set forth in |
15 | | paragraphs (1) through (27) of this subsection (b); and |
16 | | (29) convictions set forth in Section 4-20 of this Act. |
17 | | (c) The Department shall consider any mitigating factors |
18 | | contained in the record, when determining the appropriate |
19 | | disciplinary sanction, if any, to be imposed. In addition to |
20 | | those set forth in Section 2105-130 of the Department of |
21 | | Professional Regulation Law of the Civil Administrative Code of |
22 | | Illinois, mitigating factors shall include the following: |
23 | | (1) the bearing, if any, the criminal offense or |
24 | | offenses for which the person was previously convicted will |
25 | | have on his or her fitness or ability to perform one or |
26 | | more such duties and responsibilities; |
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1 | | (2) the time that has elapsed since the criminal |
2 | | conviction; and |
3 | | (3) the age of the person at the time of the criminal |
4 | | conviction. |
5 | | (d) The Department shall issue an annual report by January |
6 | | 31, 2018 and by January 31 each year thereafter, indicating the |
7 | | following: |
8 | | (1) the number of initial applicants for a license |
9 | | under this Act within the preceding calendar year; |
10 | | (2) the number of initial applicants for a license |
11 | | under this Act within the previous calendar year who had a |
12 | | conviction; |
13 | | (3) the number of applicants with a conviction who were |
14 | | granted a license under this Act within the previous year; |
15 | | (4) the number of applicants denied a license under |
16 | | this Act within the preceding calendar year; and |
17 | | (5) the number of applicants denied a license under |
18 | | this Act solely on the basis of a conviction within the |
19 | | preceding calendar year. |
20 | | (e) Nothing in this Section shall prevent the Department |
21 | | taking disciplinary or non-disciplinary action against a |
22 | | license as set forth in paragraph (2) of subsection (1) of |
23 | | Section 4-7 of this Act.
|
24 | | (225 ILCS 410/4-7) (from Ch. 111, par. 1704-7)
|
25 | | (Section scheduled to be repealed on January 1, 2026)
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1 | | Sec. 4-7. Refusal, suspension and revocation of licenses; |
2 | | causes;
disciplinary action. |
3 | | (1) The Department may refuse to issue or renew, and
may |
4 | | suspend, revoke, place on probation, reprimand or take any |
5 | | other
disciplinary or non-disciplinary action as the |
6 | | Department may deem proper, including civil
penalties not to |
7 | | exceed $500 for each violation, with regard to any
license for |
8 | | any one, or any combination, of
the
following causes:
|
9 | | a. For licensees, conviction Conviction of any crime
|
10 | | under the laws of the United States or any state or |
11 | | territory thereof that
is (i) a felony, (ii) a misdemeanor, |
12 | | an essential element
of which is dishonesty, or (iii) a |
13 | | crime which is related to the practice of
the profession |
14 | | and, for initial applicants, convictions set forth in |
15 | | Section 4-6.1 of this Act .
|
16 | | b. Conviction of any of the violations listed in
|
17 | | Section 4-20.
|
18 | | c. Material misstatement in furnishing information to |
19 | | the Department.
|
20 | | d. Making any misrepresentation for the purpose of |
21 | | obtaining
a license or violating any provision of this Act |
22 | | or its rules.
|
23 | | e. Aiding or assisting another person in violating any |
24 | | provision of this
Act or its rules.
|
25 | | f. Failing, within 60 days, to provide information in |
26 | | response to a
written request made by the Department.
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1 | | g. Discipline by another state, territory, or country |
2 | | if at least one of
the grounds for the discipline is the |
3 | | same as or substantially equivalent to
those set forth in |
4 | | this Act.
|
5 | | h. Practice in the barber, nail technology, esthetics, |
6 | | hair braiding, or
cosmetology profession, or an attempt to |
7 | | practice in those professions, by
fraudulent |
8 | | misrepresentation.
|
9 | | i. Gross malpractice or gross incompetency.
|
10 | | j. Continued practice by a person knowingly having an
|
11 | | infectious
or contagious disease.
|
12 | | k. Solicitation of professional services by using |
13 | | false or
misleading advertising.
|
14 | | l. A finding by the Department that the licensee, after |
15 | | having his or
her license placed on probationary status, |
16 | | has violated the terms of
probation.
|
17 | | m. Directly or indirectly giving to or receiving from |
18 | | any person, firm,
corporation, partnership or association |
19 | | any fee, commission, rebate, or other
form of compensation |
20 | | for any professional services not actually or personally
|
21 | | rendered.
|
22 | | n. Violating any of the provisions of this Act or rules |
23 | | adopted
pursuant to this Act.
|
24 | | o. Willfully making or filing false records or reports |
25 | | relating to a
licensee's practice, including but not |
26 | | limited to, false records filed with
State agencies or |
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1 | | departments.
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2 | | p. Habitual or excessive use
or addiction to alcohol, |
3 | | narcotics, stimulants, or any other chemical agent or
drug |
4 | | that results in the inability to practice with reasonable |
5 | | judgment, skill
or safety.
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6 | | q. Engaging in dishonorable, unethical or |
7 | | unprofessional conduct of a character likely to deceive,
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8 | | defraud, or harm the public as may be defined by rules of |
9 | | the Department, or
violating
the rules of professional |
10 | | conduct which may be adopted by the Department.
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11 | | r. Permitting any person to use for any unlawful or |
12 | | fraudulent
purpose one's diploma or license or certificate |
13 | | of registration as a
cosmetologist, nail technician, |
14 | | esthetician, hair braider, or barber or cosmetology,
nail |
15 | | technology, esthetics, hair braiding, or barber teacher or |
16 | | salon or shop or
cosmetology clinic teacher.
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17 | | s. Being named as a perpetrator in an indicated report |
18 | | by the Department
of Children and Family Services under the |
19 | | Abused and Neglected Child Reporting
Act and upon proof by |
20 | | clear and convincing evidence that the licensee has
caused |
21 | | a child to be an abused child or neglected child as defined |
22 | | in the
Abused and Neglected Child Reporting Act.
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23 | | t. Operating a salon or shop without a valid |
24 | | registration. |
25 | | u. Failure to complete required continuing education |
26 | | hours. |
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| | HB5973 Enrolled | - 38 - | LRB099 19442 SMS 43834 b |
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1 | | (2) In rendering an order, the Secretary shall take into
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2 | | consideration the facts and circumstances involving the type of |
3 | | acts
or omissions in paragraph (1) of this Section including, |
4 | | but not limited to:
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5 | | (a) the extent to which public confidence in the |
6 | | cosmetology, nail
technology, esthetics, hair braiding, or |
7 | | barbering profession was, might have been, or may be,
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8 | | injured;
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9 | | (b) the degree of trust and dependence among the |
10 | | involved parties;
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11 | | (c) the character and degree of harm which did result |
12 | | or might
have resulted;
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13 | | (d) the intent or mental state of the licensee at the
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14 | | time of the acts or omissions.
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15 | | (3) The Department may reissue the license or registration |
16 | | upon
certification by the Board that the disciplined licensee |
17 | | or registrant
has complied with all of the terms and conditions |
18 | | set forth in the final
order or has been sufficiently |
19 | | rehabilitated to warrant the public trust.
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20 | | (4) The Department shall refuse to issue or renew or |
21 | | suspend without hearing the license or
certificate of |
22 | | registration
of any person who fails to file a return, or to |
23 | | pay the tax, penalty or
interest shown in a filed return, or to |
24 | | pay any final assessment of tax,
penalty or interest, as |
25 | | required by any tax Act administered by the
Illinois Department |
26 | | of Revenue, until such time as the requirements of any
such tax |
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1 | | Act are satisfied as determined by the Department of Revenue.
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2 | | (5) The Department shall deny without hearing any |
3 | | application for a
license or renewal of a license under this |
4 | | Act by a person who has defaulted on
an educational loan |
5 | | guaranteed by the Illinois Student Assistance Commission;
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6 | | however, the Department may issue or renew a license if the |
7 | | person in default
has established a satisfactory repayment |
8 | | record as determined by the Illinois
Student Assistance |
9 | | Commission.
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10 | | (6) All fines imposed under this Section shall be paid |
11 | | within 60 days after the effective date of the order imposing |
12 | | the fine or in accordance with the terms set forth in the order |
13 | | imposing the fine. |
14 | | (Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
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15 | | Section 99. Effective date. This Act takes effect January |
16 | | 1, 2017.
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