Sen. Kwame Raoul

Filed: 5/6/2016

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 5973

2    AMENDMENT NO. ______. Amend House Bill 5973 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Funeral Directors and Embalmers Licensing
5Code is amended by changing Section 15-75 and by adding Section
615-72 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
10contendere, finding of guilt, jury verdict, or entry of
11judgment or by sentencing of an initial applicant, the
12Department may only deny a license based upon consideration of
13mitigating factors provided in subsection (c) of this Section
14for a felony directly related to the practice of funeral
15directing and embalming.
16    (b) The following crimes or similar offenses in any other

 

 

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1jurisdiction are hereby deemed directly related to the practice
2of funeral directing and embalming:
3        (1) first degree murder;
4        (2) second degree murder;
5        (3) drug induced homicide;
6        (4) unlawful restraint;
7        (5) aggravated unlawful restraint;
8        (6) forcible detention;
9        (7) involuntary servitude;
10        (8) involuntary sexual servitude of a minor;
11        (9) predatory criminal sexual assault of a child;
12        (10) aggravated criminal sexual assault;
13        (11) criminal sexual assault;
14        (12) criminal sexual abuse;
15        (13) aggravated kidnaping;
16        (14) aggravated robbery;
17        (15) armed robbery;
18        (16) kidnapping;
19        (17) aggravated battery;
20        (18) aggravated vehicular hijacking;
21        (19) terrorism;
22        (20) causing a catastrophe;
23        (21) possession of a deadly substance;
24        (22) making a terrorist threat;
25        (23) material support for terrorism;
26        (24) hindering prosecution of terrorism;

 

 

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1        (25) armed violence;
2        (26) any felony based on consumer fraud or deceptive
3    business practices under the Consumer Fraud and Deceptive
4    Business Practices Act;
5        (27) any felony requiring registration as a sex
6    offender under the Sex Offender Registration Act;
7        (28) attempt of any the offenses set forth in
8    paragraphs (1) through (27) of this subsection (b); and
9        (29) convictions set forth in Section 15-75 of this
10    Code.
11    (c) The Department shall consider any mitigating factors
12contained in the record, when determining the appropriate
13disciplinary sanction, if any, to be imposed. In addition to
14those set forth in Section 2105-130 of the Department of
15Professional Regulation Law of the Civil Administrative Code of
16Illinois, mitigating factors shall include the following:
17        (1) the bearing, if any, the criminal offense or
18    offenses for which the person was previously convicted will
19    have on his or her fitness or ability to perform one or
20    more such duties and responsibilities;
21        (2) the time that has elapsed since the criminal
22    conviction; and
23        (3) the age of the person at the time of the criminal
24    conviction.
25    (d) The Department shall issue an annual report by January
2631, 2018 and by January 31 each year thereafter, indicating the

 

 

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1following:
2        (1) the number of initial applicants for a license
3    under this Code within the preceding calendar year;
4        (2) the number of initial applicants for a license
5    under this Code within the previous calendar year who had a
6    conviction;
7        (3) the number of applicants with a conviction who were
8    granted a license under this Code within the previous year;
9        (4) the number of applicants denied a license under
10    this Code within the preceding calendar year; and
11        (5) the number of applicants denied a license under
12    this Code solely on the basis of a conviction within the
13    preceding calendar year.
14    (e) Nothing in this Section shall prevent the Department
15taking disciplinary or non-disciplinary action against a
16license as set forth in paragraph (2) of subsection (b) of
17Section 15-175 of this Code.
 
18    (225 ILCS 41/15-75)
19    (Section scheduled to be repealed on January 1, 2023)
20    Sec. 15-75. Violations; grounds for discipline; penalties.
21    (a) Each of the following acts is a Class A misdemeanor for
22the first offense, and a Class 4 felony for each subsequent
23offense. These penalties shall also apply to unlicensed owners
24of funeral homes.
25        (1) Practicing the profession of funeral directing and

 

 

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1    embalming or funeral directing, or attempting to practice
2    the profession of funeral directing and embalming or
3    funeral directing without a license as a funeral director
4    and embalmer or funeral director.
5        (2) Serving or attempting to serve as an intern under a
6    licensed funeral director and embalmer without a license as
7    a licensed funeral director and embalmer intern.
8        (3) Obtaining or attempting to obtain a license,
9    practice or business, or any other thing of value, by fraud
10    or misrepresentation.
11        (4) Permitting any person in one's employ, under one's
12    control or in or under one's service to serve as a funeral
13    director and embalmer, funeral director, or funeral
14    director and embalmer intern when the person does not have
15    the appropriate license.
16        (5) Failing to display a license as required by this
17    Code.
18        (6) Giving false information or making a false oath or
19    affidavit required by this Code.
20    (b) The Department may refuse to issue or renew, revoke,
21suspend, place on probation or administrative supervision,
22reprimand, or take other disciplinary or non-disciplinary
23action as the Department may deem appropriate, including
24imposing fines not to exceed $10,000 for each violation, with
25regard to any license under the Code for any one or combination
26of the following:

 

 

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1        (1) Fraud or any misrepresentation in applying for or
2    procuring a license under this Code or in connection with
3    applying for renewal of a license under this Code.
4        (2) For licenses, conviction Conviction by plea of
5    guilty or nolo contendere, finding of guilt, jury verdict,
6    or entry of judgment or by sentencing of any crime,
7    including, but not limited to, convictions, preceding
8    sentences of supervision, conditional discharge, or first
9    offender probation, under the laws of any jurisdiction of
10    the United States: (i) that is a felony or (ii) that is a
11    misdemeanor, an essential element of which is dishonesty,
12    or that is directly related to the practice of the
13    profession and, for initial applicants, convictions set
14    forth in Section 15-72 of this Act.
15        (3) Violation of the laws of this State relating to the
16    funeral, burial or disposition of deceased human bodies or
17    of the rules and regulations of the Department, or the
18    Department of Public Health.
19        (4) Directly or indirectly paying or causing to be paid
20    any sum of money or other valuable consideration for the
21    securing of business or for obtaining authority to dispose
22    of any deceased human body.
23        (5) Professional incompetence, gross negligence,
24    malpractice, or untrustworthiness in the practice of
25    funeral directing and embalming or funeral directing.
26        (6) (Blank).

 

 

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1        (7) Engaging in, promoting, selling, or issuing burial
2    contracts, burial certificates, or burial insurance
3    policies in connection with the profession as a funeral
4    director and embalmer, funeral director, or funeral
5    director and embalmer intern in violation of any laws of
6    the State of Illinois.
7        (8) Refusing, without cause, to surrender the custody
8    of a deceased human body upon the proper request of the
9    person or persons lawfully entitled to the custody of the
10    body.
11        (9) Taking undue advantage of a client or clients as to
12    amount to the perpetration of fraud.
13        (10) Engaging in funeral directing and embalming or
14    funeral directing without a license.
15        (11) Encouraging, requesting, or suggesting by a
16    licensee or some person working on his behalf and with his
17    consent for compensation that a person utilize the services
18    of a certain funeral director and embalmer, funeral
19    director, or funeral establishment unless that information
20    has been expressly requested by the person. This does not
21    prohibit general advertising or pre-need solicitation.
22        (12) Making or causing to be made any false or
23    misleading statements about the laws concerning the
24    disposition of human remains, including, but not limited
25    to, the need to embalm, the need for a casket for cremation
26    or the need for an outer burial container.

 

 

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1        (13) (Blank).
2        (14) Embalming or attempting to embalm a deceased human
3    body without express prior authorization of the person
4    responsible for making the funeral arrangements for the
5    body. This does not apply to cases where embalming is
6    directed by local authorities who have jurisdiction or when
7    embalming is required by State or local law. A licensee may
8    embalm without express prior authorization if a good faith
9    effort has been made to contact family members and has been
10    unsuccessful and the licensee has no reason to believe the
11    family opposes embalming.
12        (15) Making a false statement on a Certificate of Death
13    where the person making the statement knew or should have
14    known that the statement was false.
15        (16) Soliciting human bodies after death or while death
16    is imminent.
17        (17) Performing any act or practice that is a violation
18    of this Code, the rules for the administration of this
19    Code, or any federal, State or local laws, rules, or
20    regulations governing the practice of funeral directing or
21    embalming.
22        (18) Performing any act or practice that is a violation
23    of Section 2 of the Consumer Fraud and Deceptive Business
24    Practices Act.
25        (19) Engaging in dishonorable, unethical, or
26    unprofessional conduct of a character likely to deceive,

 

 

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1    defraud or harm the public.
2        (20) Taking possession of a dead human body without
3    having first obtained express permission from the person
4    holding the right to control the disposition in accordance
5    with Section 5 of the Disposition of Remains Act or a
6    public agency legally authorized to direct, control or
7    permit the removal of deceased human bodies.
8        (21) Advertising in a false or misleading manner or
9    advertising using the name of an unlicensed person in
10    connection with any service being rendered in the practice
11    of funeral directing or funeral directing and embalming.
12    The use of any name of an unlicensed or unregistered person
13    in an advertisement so as to imply that the person will
14    perform services is considered misleading advertising.
15    Nothing in this paragraph shall prevent including the name
16    of any owner, officer or corporate director of a funeral
17    home, who is not a licensee, in any advertisement used by a
18    funeral home with which the individual is affiliated, if
19    the advertisement specifies the individual's affiliation
20    with the funeral home.
21        (22) Charging for professional services not rendered,
22    including filing false statements for the collection of
23    fees for which services are not rendered.
24        (23) Failing to account for or remit any monies,
25    documents, or personal property that belongs to others that
26    comes into a licensee's possession.

 

 

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1        (24) Treating any person differently to his detriment
2    because of race, color, creed, gender, religion, or
3    national origin.
4        (25) Knowingly making any false statements, oral or
5    otherwise, of a character likely to influence, persuade or
6    induce others in the course of performing professional
7    services or activities.
8        (26) Willfully making or filing false records or
9    reports in the practice of funeral directing and embalming,
10    including, but not limited to, false records filed with
11    State agencies or departments.
12        (27) Failing to acquire continuing education required
13    under this Code.
14        (28) (Blank).
15        (29) Aiding or assisting another person in violating
16    any provision of this Code or rules adopted pursuant to
17    this Code.
18        (30) Failing within 10 days, to provide information in
19    response to a written request made by the Department.
20        (31) Discipline by another state, District of
21    Columbia, territory, foreign nation, or governmental
22    agency, if at least one of the grounds for the discipline
23    is the same or substantially equivalent to those set forth
24    in this Section.
25        (32) (Blank).
26        (33) Mental illness or disability which results in the

 

 

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1    inability to practice the profession with reasonable
2    judgment, skill, or safety.
3        (34) Gross, willful, or continued overcharging for
4    professional services, including filing false statements
5    for collection of fees for which services are not rendered.
6        (35) Physical illness, including, but not limited to,
7    deterioration through the aging process or loss of motor
8    skill which results in a licensee's inability to practice
9    under this Code with reasonable judgment, skill, or safety.
10        (36) Failing to comply with any of the following
11    required activities:
12            (A) When reasonably possible, a funeral director
13        licensee or funeral director and embalmer licensee or
14        anyone acting on his or her behalf shall obtain the
15        express authorization of the person or persons
16        responsible for making the funeral arrangements for a
17        deceased human body prior to removing a body from the
18        place of death or any place it may be or embalming or
19        attempting to embalm a deceased human body, unless
20        required by State or local law. This requirement is
21        waived whenever removal or embalming is directed by
22        local authorities who have jurisdiction. If the
23        responsibility for the handling of the remains
24        lawfully falls under the jurisdiction of a public
25        agency, then the regulations of the public agency shall
26        prevail.

 

 

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1            (B) A licensee shall clearly mark the price of any
2        casket offered for sale or the price of any service
3        using the casket on or in the casket if the casket is
4        displayed at the funeral establishment. If the casket
5        is displayed at any other location, regardless of
6        whether the licensee is in control of that location,
7        the casket shall be clearly marked and the registrant
8        shall use books, catalogues, brochures, or other
9        printed display aids to show the price of each casket
10        or service.
11            (C) At the time funeral arrangements are made and
12        prior to rendering the funeral services, a licensee
13        shall furnish a written statement of services to be
14        retained by the person or persons making the funeral
15        arrangements, signed by both parties, that shall
16        contain: (i) the name, address and telephone number of
17        the funeral establishment and the date on which the
18        arrangements were made; (ii) the price of the service
19        selected and the services and merchandise included for
20        that price; (iii) a clear disclosure that the person or
21        persons making the arrangement may decline and receive
22        credit for any service or merchandise not desired and
23        not required by law or the funeral director or the
24        funeral director and embalmer; (iv) the supplemental
25        items of service and merchandise requested and the
26        price of each item; (v) the terms or method of payment

 

 

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1        agreed upon; and (vi) a statement as to any monetary
2        advances made by the registrant on behalf of the
3        family. The licensee shall maintain a copy of the
4        written statement of services in its permanent
5        records. All written statements of services are
6        subject to inspection by the Department.
7            (D) In all instances where the place of final
8        disposition of a deceased human body or the cremated
9        remains of a deceased human body is a cemetery, the
10        licensed funeral director and embalmer, or licensed
11        funeral director, who has been engaged to provide
12        funeral or embalming services shall remain at the
13        cemetery and personally witness the placement of the
14        human remains in their designated grave or the sealing
15        of the above ground depository, crypt, or urn. The
16        licensed funeral director or licensed funeral director
17        and embalmer may designate a licensed funeral director
18        and embalmer intern or representative of the funeral
19        home to be his or her witness to the placement of the
20        remains. If the cemetery authority, cemetery manager,
21        or any other agent of the cemetery takes any action
22        that prevents compliance with this paragraph (D), then
23        the funeral director and embalmer or funeral director
24        shall provide written notice to the Department within 5
25        business days after failing to comply. If the
26        Department receives this notice, then the Department

 

 

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1        shall not take any disciplinary action against the
2        funeral director and embalmer or funeral director for a
3        violation of this paragraph (D) unless the Department
4        finds that the cemetery authority, manager, or any
5        other agent of the cemetery did not prevent the funeral
6        director and embalmer or funeral director from
7        complying with this paragraph (D) as claimed in the
8        written notice.
9            (E) A funeral director or funeral director and
10        embalmer shall fully complete the portion of the
11        Certificate of Death under the responsibility of the
12        funeral director or funeral director and embalmer and
13        provide all required information. In the event that any
14        reported information subsequently changes or proves
15        incorrect, a funeral director or funeral director and
16        embalmer shall immediately upon learning the correct
17        information correct the Certificate of Death.
18        (37) A finding by the Department that the license,
19    after having his or her license placed on probationary
20    status or subjected to conditions or restrictions,
21    violated the terms of the probation or failed to comply
22    with such terms or conditions.
23        (38) (Blank).
24        (39) Being named as a perpetrator in an indicated
25    report by the Department of Children and Family Services
26    pursuant to the Abused and Neglected Child Reporting Act

 

 

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1    and, upon proof by clear and convincing evidence, being
2    found to have caused a child to be an abused child or
3    neglected child as defined in the Abused and Neglected
4    Child Reporting Act.
5        (40) Habitual or excessive use or abuse of drugs
6    defined in law as controlled substances, alcohol, or any
7    other substance which results in the inability to practice
8    with reasonable judgment, skill, or safety.
9        (41) Practicing under a false or, except as provided by
10    law, an assumed name.
11        (42) Cheating on or attempting to subvert the licensing
12    examination administered under this Code.
13    (c) The Department may refuse to issue or renew or may
14suspend without a hearing, as provided for in the Department of
15Professional Regulation Law of the Civil Administrative Code of
16Illinois, the license of any person who fails to file a return,
17to pay the tax, penalty or interest shown in a filed return, or
18to pay any final assessment of tax, penalty or interest as
19required by any tax Act administered by the Illinois Department
20of Revenue, until the time as the requirements of the tax Act
21are satisfied in accordance with subsection (g) of Section
222105-15 of the Department of Professional Regulation Law of the
23Civil Administrative Code of Illinois.
24    (d) No action may be taken under this Code against a person
25licensed under this Code unless the action is commenced within
265 years after the occurrence of the alleged violations. A

 

 

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1continuing violation shall be deemed to have occurred on the
2date when the circumstances last existed that give rise to the
3alleged violation.
4    (e) Nothing in this Section shall be construed or enforced
5to give a funeral director and embalmer, or his or her
6designees, authority over the operation of a cemetery or over
7cemetery employees. Nothing in this Section shall be construed
8or enforced to impose duties or penalties on cemeteries with
9respect to the timing of the placement of human remains in
10their designated grave or the sealing of the above ground
11depository, crypt, or urn due to patron safety, the allocation
12of cemetery staffing, liability insurance, a collective
13bargaining agreement, or other such reasons.
14    (f) All fines imposed under this Section shall be paid 60
15days after the effective date of the order imposing the fine.
16    (g) The Department shall deny a license or renewal
17authorized by this Code to a person who has defaulted on an
18educational loan or scholarship provided or guaranteed by the
19Illinois Student Assistance Commission or any governmental
20agency of this State in accordance with item (5) of subsection
21(a) of Section 2105-15 of the Department of Professional
22Regulation Law of the Civil Administrative Code of Illinois.
23    (h) In cases where the Department of Healthcare and Family
24Services has previously determined a licensee or a potential
25licensee is more than 30 days delinquent in the payment of
26child support and has subsequently certified the delinquency to

 

 

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1the Department, the Department may refuse to issue or renew or
2may revoke or suspend that person's license or may take other
3disciplinary action against that person based solely upon the
4certification of delinquency made by the Department of
5Healthcare and Family Services in accordance with item (5) of
6subsection (a) of Section 2105-15 of the Department of
7Professional Regulation Law of the Civil Administrative Code of
8Illinois.
9    (i) A person not licensed under this Code who is an owner
10of a funeral establishment or funeral business shall not aid,
11abet, assist, procure, advise, employ, or contract with any
12unlicensed person to offer funeral services or aid, abet,
13assist, or direct any licensed person contrary to or in
14violation of any rules or provisions of this Code. A person
15violating this subsection shall be treated as a licensee for
16the purposes of disciplinary action under this Section and
17shall be subject to cease and desist orders as provided in this
18Code, the imposition of a fine up to $10,000 for each violation
19and any other penalty provided by law.
20    (j) The determination by a circuit court that a licensee is
21subject to involuntary admission or judicial admission as
22provided in the Mental Health and Developmental Disabilities
23Code, as amended, operates as an automatic suspension. The
24suspension may end only upon a finding by a court that the
25licensee is no longer subject to the involuntary admission or
26judicial admission and issues an order so finding and

 

 

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1discharging the licensee, and upon the recommendation of the
2Board to the Secretary that the licensee be allowed to resume
3his or her practice.
4    (k) In enforcing this Code, the Department, upon a showing
5of a possible violation, may compel an individual licensed to
6practice under this Code, or who has applied for licensure
7under this Code, to submit to a mental or physical examination,
8or both, as required by and at the expense of the Department.
9The Department may order the examining physician to present
10testimony concerning the mental or physical examination of the
11licensee or applicant. No information shall be excluded by
12reason of any common law or statutory privilege relating to
13communications between the licensee or applicant and the
14examining physician. The examining physician shall be
15specifically designated by the Department. The individual to be
16examined may have, at his or her own expense, another physician
17of his or her choice present during all aspects of this
18examination. The examination shall be performed by a physician
19licensed to practice medicine in all its branches. Failure of
20an individual to submit to a mental or physical examination,
21when directed, shall result in an automatic suspension without
22hearing.
23    A person holding a license under this Code or who has
24applied for a license under this Code who, because of a
25physical or mental illness or disability, including, but not
26limited to, deterioration through the aging process or loss of

 

 

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

 

 

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1the Department that he or she can resume practice in compliance
2with acceptable and prevailing standards under the provisions
3of his or her license.
4(Source: P.A. 97-1130, eff. 8-28-12; 98-756, eff. 7-16-14.)
 
5    Section 10. The Illinois Roofing Industry Licensing Act is
6amended by changing Section 9.1 and by adding Section 7.1 as
7follows:
 
8    (225 ILCS 335/7.1 new)
9    Sec. 7.1. Applicant convictions.
10    (a) When reviewing a conviction by plea of guilty or nolo
11contendere, finding of guilt, jury verdict, or entry of
12judgment or by sentencing of an initial applicant, the
13Department may only deny a license based upon consideration of
14mitigating factors provided in subsection (c) of this Section
15for a felony directly related to the practice of roofing
16contracting.
17    (b) The following crimes or similar offenses in any other
18jurisdiction are hereby deemed directly related to the practice
19of roofing contracting:
20        (1) first degree murder;
21        (2) second degree murder;
22        (3) drug induced homicide;
23        (4) unlawful restraint;
24        (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) home invasion;
15        (20) terrorism;
16        (21) causing a catastrophe;
17        (22) possession of a deadly substance;
18        (23) making a terrorist threat;
19        (24) material support for terrorism;
20        (25) hindering prosecution of terrorism;
21        (26) armed violence;
22        (27) any felony based on consumer fraud or deceptive
23    business practices under the Consumer Fraud and Deceptive
24    Business Practices Act;
25        (28) any felony requiring registration as a sex
26    offender under the Sex Offender Registration Act;

 

 

09900HB5973sam001- 22 -LRB099 19442 SMS 48414 a

1        (29) attempt of any the offenses set forth in
2    paragraphs (1) through (28) of this subsection (b); and
3        (30) convictions set forth in subsection (e) of Section
4    5 or Section 9.8 of this Act.
5    (c) The Department shall consider any mitigating factors
6contained in the record, when determining the appropriate
7disciplinary sanction, if any, to be imposed. In addition to
8those set forth in Section 2105-130 of the Department of
9Professional Regulation Law of the Civil Administrative Code of
10Illinois, mitigating factors shall include the following:
11        (1) the bearing, if any, the criminal offense or
12    offenses for which the person was previously convicted will
13    have on his or her fitness or ability to perform one or
14    more such duties and responsibilities;
15        (2) the time that has elapsed since the criminal
16    conviction; and
17        (3) the age of the person at the time of the criminal
18    conviction.
19    (d) The Department shall issue an annual report by January
2031, 2018 and by January 31 each year thereafter, indicating the
21following:
22        (1) the number of initial applicants for a license
23    under this Act within the preceding calendar year;
24        (2) the number of initial applicants for a license
25    under this Act within the previous calendar year who had a
26    conviction;

 

 

09900HB5973sam001- 23 -LRB099 19442 SMS 48414 a

1        (3) the number of applicants with a conviction who were
2    granted a license under this Act within the previous year;
3        (4) the number of applicants denied a license under
4    this Act within the preceding calendar year; and
5        (5) the number of applicants denied a license under
6    this Act solely on the basis of a conviction within the
7    preceding calendar year.
8    (e) Nothing in this Section shall prevent the Department
9taking disciplinary or non-disciplinary action against a
10license as set forth in Section 9.1 of this Act.
 
11    (225 ILCS 335/9.1)  (from Ch. 111, par. 7509.1)
12    (Section scheduled to be repealed on January 1, 2026)
13    Sec. 9.1. Grounds for disciplinary action.
14    (1) The Department may refuse to issue or to renew, or may
15revoke, suspend, place on probation, reprimand or take other
16disciplinary or non-disciplinary action as the Department may
17deem proper, including fines not to exceed $10,000 for each
18violation, with regard to any license for any one or
19combination of the following:
20        (a) violation of this Act or its rules;
21        (b) for licensees, conviction or plea of guilty or nolo
22    contendere, finding of guilt, jury verdict, or entry of
23    judgment or sentencing of any crime, including, but not
24    limited to, convictions, preceding sentences of
25    supervision, conditional discharge, or first offender

 

 

09900HB5973sam001- 24 -LRB099 19442 SMS 48414 a

1    probation, under the laws of any jurisdiction of the United
2    States that is (i) a felony or (ii) a misdemeanor, an
3    essential element of which is dishonesty or that is
4    directly related to the practice of the profession and, for
5    initial applicants, convictions set forth in Section 15-72
6    of this Act;
7        (c) fraud or any misrepresentation in applying for or
8    procuring a license under this Act, or in connection with
9    applying for renewal of a license under this Act;
10        (d) professional incompetence or gross negligence in
11    the practice of roofing contracting, prima facie evidence
12    of which may be a conviction or judgment in any court of
13    competent jurisdiction against an applicant or licensee
14    relating to the practice of roofing contracting or the
15    construction of a roof or repair thereof that results in
16    leakage within 90 days after the completion of such work;
17        (e) (blank);
18        (f) aiding or assisting another person in violating any
19    provision of this Act or rules;
20        (g) failing, within 60 days, to provide information in
21    response to a written request made by the Department;
22        (h) engaging in dishonorable, unethical, or
23    unprofessional conduct of a character likely to deceive,
24    defraud, or harm the public;
25        (i) habitual or excessive use or abuse of controlled
26    substances, as defined by the Illinois Controlled

 

 

09900HB5973sam001- 25 -LRB099 19442 SMS 48414 a

1    Substances Act, alcohol, or any other substance that
2    results in the inability to practice with reasonable
3    judgment, skill, or safety;
4        (j) discipline by another state, unit of government, or
5    government agency, the District of Columbia, a territory,
6    or a foreign nation, if at least one of the grounds for the
7    discipline is the same or substantially equivalent to those
8    set forth in this Section;
9        (k) directly or indirectly giving to or receiving from
10    any person, firm, corporation, partnership, or association
11    any fee, commission, rebate, or other form of compensation
12    for any professional services not actually or personally
13    rendered;
14        (l) a finding by the Department that the licensee,
15    after having his or her license disciplined, has violated
16    the terms of the discipline;
17        (m) a finding by any court of competent jurisdiction,
18    either within or without this State, of any violation of
19    any law governing the practice of roofing contracting, if
20    the Department determines, after investigation, that such
21    person has not been sufficiently rehabilitated to warrant
22    the public trust;
23        (n) willfully making or filing false records or reports
24    in the practice of roofing contracting, including, but not
25    limited to, false records filed with the State agencies or
26    departments;

 

 

09900HB5973sam001- 26 -LRB099 19442 SMS 48414 a

1        (o) practicing, attempting to practice, or advertising
2    under a name other than the full name as shown on the
3    license or any other legally authorized name;
4        (p) gross and willful overcharging for professional
5    services including filing false statements for collection
6    of fees or monies for which services are not rendered;
7        (q) (blank);
8        (r) (blank);
9        (s) failure to continue to meet the requirements of
10    this Act shall be deemed a violation;
11        (t) physical or mental disability, including
12    deterioration through the aging process or loss of
13    abilities and skills that result in an inability to
14    practice the profession with reasonable judgment, skill,
15    or safety;
16        (u) material misstatement in furnishing information to
17    the Department or to any other State agency;
18        (v) (blank);
19        (w) advertising in any manner that is false,
20    misleading, or deceptive;
21        (x) taking undue advantage of a customer, which results
22    in the perpetration of a fraud;
23        (y) performing any act or practice that is a violation
24    of the Consumer Fraud and Deceptive Business Practices Act;
25        (z) engaging in the practice of roofing contracting, as
26    defined in this Act, with a suspended, revoked, or

 

 

09900HB5973sam001- 27 -LRB099 19442 SMS 48414 a

1    cancelled license;
2        (aa) treating any person differently to the person's
3    detriment because of race, color, creed, gender, age,
4    religion, or national origin;
5        (bb) knowingly making any false statement, oral,
6    written, or otherwise, of a character likely to influence,
7    persuade, or induce others in the course of obtaining or
8    performing roofing contracting services;
9        (cc) violation of any final administrative action of
10    the Secretary;
11        (dd) allowing the use of his or her roofing license by
12    an unlicensed roofing contractor for the purposes of
13    providing roofing or waterproofing services; or
14        (ee) (blank);
15        (ff) cheating or attempting to subvert a licensing
16    examination administered under this Act; or
17        (gg) use of a license to permit or enable an unlicensed
18    person to provide roofing contractor services.
19    (2) The determination by a circuit court that a license
20holder is subject to involuntary admission or judicial
21admission, as provided in the Mental Health and Developmental
22Disabilities Code, operates as an automatic suspension. Such
23suspension will end only upon a finding by a court that the
24patient is no longer subject to involuntary admission or
25judicial admission, an order by the court so finding and
26discharging the patient, and the recommendation of the Board to

 

 

09900HB5973sam001- 28 -LRB099 19442 SMS 48414 a

1the Director that the license holder be allowed to resume his
2or her practice.
3    (3) The Department may refuse to issue or take disciplinary
4action concerning the license of any person who fails to file a
5return, to pay the tax, penalty, or interest shown in a filed
6return, or to pay any final assessment of tax, penalty, or
7interest as required by any tax Act administered by the
8Department of Revenue, until such time as the requirements of
9any such tax Act are satisfied as determined by the Department
10of Revenue.
11    (4) In enforcing this Section, the Department, upon a
12showing of a possible violation, may compel any individual who
13is licensed under this Act or any individual who has applied
14for licensure to submit to a mental or physical examination or
15evaluation, or both, which may include a substance abuse or
16sexual offender evaluation, at the expense of the Department.
17The Department shall specifically designate the examining
18physician licensed to practice medicine in all of its branches
19or, if applicable, the multidisciplinary team involved in
20providing the mental or physical examination and evaluation.
21The multidisciplinary team shall be led by a physician licensed
22to practice medicine in all of its branches and may consist of
23one or more or a combination of physicians licensed to practice
24medicine in all of its branches, licensed chiropractic
25physicians, licensed clinical psychologists, licensed clinical
26social workers, licensed clinical professional counselors, and

 

 

09900HB5973sam001- 29 -LRB099 19442 SMS 48414 a

1other professional and administrative staff. Any examining
2physician or member of the multidisciplinary team may require
3any person ordered to submit to an examination and evaluation
4pursuant to this Section to submit to any additional
5supplemental testing deemed necessary to complete any
6examination or evaluation process, including, but not limited
7to, blood testing, urinalysis, psychological testing, or
8neuropsychological testing.
9    (5) The Department may order the examining physician or any
10member of the multidisciplinary team to provide to the
11Department any and all records, including business records,
12that relate to the examination and evaluation, including any
13supplemental testing performed. The Department may order the
14examining physician or any member of the multidisciplinary team
15to present testimony concerning this examination and
16evaluation of the licensee or applicant, including testimony
17concerning any supplemental testing or documents relating to
18the examination and evaluation. No information, report,
19record, or other documents in any way related to the
20examination and evaluation shall be excluded by reason of any
21common law or statutory privilege relating to communication
22between the licensee or applicant and the examining physician
23or any member of the multidisciplinary team. No authorization
24is necessary from the licensee or applicant ordered to undergo
25an evaluation and examination for the examining physician or
26any member of the multidisciplinary team to provide

 

 

09900HB5973sam001- 30 -LRB099 19442 SMS 48414 a

1information, reports, records, or other documents or to provide
2any testimony regarding the examination and evaluation. The
3individual to be examined may have, at his or her own expense,
4another physician of his or her choice present during all
5aspects of the examination.
6    (6) Failure of any individual to submit to mental or
7physical examination or evaluation, or both, when directed,
8shall result in an automatic suspension without hearing until
9such time as the individual submits to the examination. If the
10Department finds a licensee unable to practice because of the
11reasons set forth in this Section, the Department shall require
12the licensee to submit to care, counseling, or treatment by
13physicians approved or designated by the Department as a
14condition for continued, reinstated, or renewed licensure.
15    (7) When the Secretary immediately suspends a license under
16this Section, a hearing upon such person's license must be
17convened by the Department within 15 days after the suspension
18and completed without appreciable delay. The Department shall
19have the authority to review the licensee's record of treatment
20and counseling regarding the impairment to the extent permitted
21by applicable federal statutes and regulations safeguarding
22the confidentiality of medical records.
23    (8) Licensees affected under this Section shall be afforded
24an opportunity to demonstrate to the Department that they can
25resume practice in compliance with acceptable and prevailing
26standards under the provisions of their license.

 

 

09900HB5973sam001- 31 -LRB099 19442 SMS 48414 a

1    (9) The Department shall deny a license or renewal
2authorized by this Act to a person who has defaulted on an
3educational loan or scholarship provided or guaranteed by the
4Illinois Student Assistance Commission or any governmental
5agency of this State in accordance with paragraph (5) of
6subsection (a) of Section 2105-15 of the Department of
7Professional Regulation Law of the Civil Administrative Code of
8Illinois.
9    (10) In cases where the Department of Healthcare and Family
10Services has previously determined a licensee or a potential
11licensee is more than 30 days delinquent in the payment of
12child support and has subsequently certified the delinquency to
13the Department, the Department may refuse to issue or renew or
14may revoke or suspend that person's license or may take other
15disciplinary action against that person based solely upon the
16certification of delinquency made by the Department of
17Healthcare and Family Services in accordance with paragraph (5)
18of subsection (a) of Section 2105-15 of the Department of
19Professional Regulation Law of the Civil Administrative Code of
20Illinois.
21    The changes to this Act made by this amendatory Act of 1997
22apply only to disciplinary actions relating to events occurring
23after the effective date of this amendatory Act of 1997.
24(Source: P.A. 99-469, eff. 8-26-15.)
 
25    Section 15. The Barber, Cosmetology, Esthetics, Hair

 

 

09900HB5973sam001- 32 -LRB099 19442 SMS 48414 a

1Braiding, and Nail Technology Act of 1985 is amended by
2changing Section 4-7 and by adding Section 4-6.1 as follows:
 
3    (225 ILCS 410/4-6.1 new)
4    Sec. 4-6.1. Applicant convictions.
5    (a) When reviewing a conviction by plea of guilty or nolo
6contendere, finding of guilt, jury verdict, or entry of
7judgment or by sentencing of an initial applicant, the
8Department may only deny a license based upon consideration of
9mitigating factors provided in subsection (c) of this Section
10for a felony directly related to the practice of cosmetology,
11esthetics, hair braiding, nail technology, and barbering.
12    (b) The following crimes or similar offenses in any other
13jurisdiction are hereby deemed directly related to the practice
14of cosmetology, esthetics, hair braiding, nail technology, and
15barbering:
16        (1) first degree murder;
17        (2) second degree murder;
18        (3) drug induced homicide;
19        (4) unlawful restraint;
20        (5) aggravated unlawful restraint;
21        (6) forcible detention;
22        (7) involuntary servitude;
23        (8) involuntary sexual servitude of a minor;
24        (9) predatory criminal sexual assault of a child;
25        (10) aggravated criminal sexual assault;

 

 

09900HB5973sam001- 33 -LRB099 19442 SMS 48414 a

1        (11) criminal sexual assault;
2        (12) criminal sexual abuse;
3        (13) aggravated kidnaping;
4        (14) aggravated robbery;
5        (15) armed robbery;
6        (16) kidnapping;
7        (17) aggravated battery;
8        (18) aggravated vehicular hijacking;
9        (19) terrorism;
10        (20) causing a catastrophe;
11        (21) possession of a deadly substance;
12        (22) making a terrorist threat;
13        (23) material support for terrorism;
14        (24) hindering prosecution of terrorism;
15        (25) armed violence;
16        (26) any felony based on consumer fraud or deceptive
17    business practices under the Consumer Fraud and Deceptive
18    Business Practices Act;
19        (27) any felony requiring registration as a sex
20    offender under the Sex Offender Registration Act;
21        (28) attempt of any the offenses set forth in
22    paragraphs (1) through (27) of this subsection (b); and
23        (29) convictions set forth in Section 4-20 of this Act.
24    (c) The Department shall consider any mitigating factors
25contained in the record, when determining the appropriate
26disciplinary sanction, if any, to be imposed. In addition to

 

 

09900HB5973sam001- 34 -LRB099 19442 SMS 48414 a

1those set forth in Section 2105-130 of the Department of
2Professional Regulation Law of the Civil Administrative Code of
3Illinois, 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
1331, 2018 and by January 31 each year thereafter, indicating the
14following:
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.

 

 

09900HB5973sam001- 35 -LRB099 19442 SMS 48414 a

1    (e) Nothing in this Section shall prevent the Department
2taking disciplinary or non-disciplinary action against a
3license as set forth in paragraph (2) of subsection (1) of
4Section 4-7 of this Act.
 
5    (225 ILCS 410/4-7)  (from Ch. 111, par. 1704-7)
6    (Section scheduled to be repealed on January 1, 2026)
7    Sec. 4-7. Refusal, suspension and revocation of licenses;
8causes; disciplinary action.
9    (1) The Department may refuse to issue or renew, and may
10suspend, revoke, place on probation, reprimand or take any
11other disciplinary or non-disciplinary action as the
12Department may deem proper, including civil penalties not to
13exceed $500 for each violation, with regard to any license for
14any one, or any combination, of the following causes:
15        a. For licensees, conviction Conviction of any crime
16    under the laws of the United States or any state or
17    territory thereof that is (i) a felony, (ii) a misdemeanor,
18    an essential element of which is dishonesty, or (iii) a
19    crime which is related to the practice of the profession
20    and, for initial applicants, convictions set forth in
21    Section 15-72 of this Act.
22        b. Conviction of any of the violations listed in
23    Section 4-20.
24        c. Material misstatement in furnishing information to
25    the Department.

 

 

09900HB5973sam001- 36 -LRB099 19442 SMS 48414 a

1        d. Making any misrepresentation for the purpose of
2    obtaining a license or violating any provision of this Act
3    or its rules.
4        e. Aiding or assisting another person in violating any
5    provision of this Act or its rules.
6        f. Failing, within 60 days, to provide information in
7    response to a written request made by the Department.
8        g. Discipline by another state, territory, or country
9    if at least one of the grounds for the discipline is the
10    same as or substantially equivalent to those set forth in
11    this Act.
12        h. Practice in the barber, nail technology, esthetics,
13    hair braiding, or cosmetology profession, or an attempt to
14    practice in those professions, by fraudulent
15    misrepresentation.
16        i. Gross malpractice or gross incompetency.
17        j. Continued practice by a person knowingly having an
18    infectious or contagious disease.
19        k. Solicitation of professional services by using
20    false or misleading advertising.
21        l. A finding by the Department that the licensee, after
22    having his or her license placed on probationary status,
23    has violated the terms of probation.
24        m. Directly or indirectly giving to or receiving from
25    any person, firm, corporation, partnership or association
26    any fee, commission, rebate, or other form of compensation

 

 

09900HB5973sam001- 37 -LRB099 19442 SMS 48414 a

1    for any professional services not actually or personally
2    rendered.
3        n. Violating any of the provisions of this Act or rules
4    adopted pursuant to this Act.
5        o. Willfully making or filing false records or reports
6    relating to a licensee's practice, including but not
7    limited to, false records filed with State agencies or
8    departments.
9        p. Habitual or excessive use or addiction to alcohol,
10    narcotics, stimulants, or any other chemical agent or drug
11    that results in the inability to practice with reasonable
12    judgment, skill or safety.
13        q. Engaging in dishonorable, unethical or
14    unprofessional conduct of a character likely to deceive,
15    defraud, or harm the public as may be defined by rules of
16    the Department, or violating the rules of professional
17    conduct which may be adopted by the Department.
18        r. Permitting any person to use for any unlawful or
19    fraudulent purpose one's diploma or license or certificate
20    of registration as a cosmetologist, nail technician,
21    esthetician, hair braider, or barber or cosmetology, nail
22    technology, esthetics, hair braiding, or barber teacher or
23    salon or shop or cosmetology clinic teacher.
24        s. Being named as a perpetrator in an indicated report
25    by the Department of Children and Family Services under the
26    Abused and Neglected Child Reporting Act and upon proof by

 

 

09900HB5973sam001- 38 -LRB099 19442 SMS 48414 a

1    clear and convincing evidence that the licensee has caused
2    a child to be an abused child or neglected child as defined
3    in the Abused and Neglected Child Reporting Act.
4        t. Operating a salon or shop without a valid
5    registration.
6        u. Failure to complete required continuing education
7    hours.
8    (2) In rendering an order, the Secretary shall take into
9consideration the facts and circumstances involving the type of
10acts or omissions in paragraph (1) of this Section including,
11but not limited to:
12        (a) the extent to which public confidence in the
13    cosmetology, nail technology, esthetics, hair braiding, or
14    barbering profession was, might have been, or may be,
15    injured;
16        (b) the degree of trust and dependence among the
17    involved parties;
18        (c) the character and degree of harm which did result
19    or might have resulted;
20        (d) the intent or mental state of the licensee at the
21    time of the acts or omissions.
22    (3) The Department may reissue the license or registration
23upon certification by the Board that the disciplined licensee
24or registrant has complied with all of the terms and conditions
25set forth in the final order or has been sufficiently
26rehabilitated to warrant the public trust.

 

 

09900HB5973sam001- 39 -LRB099 19442 SMS 48414 a

1    (4) The Department shall refuse to issue or renew or
2suspend without hearing the license or certificate of
3registration of any person who fails to file a return, or to
4pay the tax, penalty or interest shown in a filed return, or to
5pay any final assessment of tax, penalty or interest, as
6required by any tax Act administered by the Illinois Department
7of Revenue, until such time as the requirements of any such tax
8Act are satisfied as determined by the Department of Revenue.
9    (5) The Department shall deny without hearing any
10application for a license or renewal of a license under this
11Act by a person who has defaulted on an educational loan
12guaranteed by the Illinois Student Assistance Commission;
13however, the Department may issue or renew a license if the
14person in default has established a satisfactory repayment
15record as determined by the Illinois Student Assistance
16Commission.
17    (6) All fines imposed under this Section shall be paid
18within 60 days after the effective date of the order imposing
19the fine or in accordance with the terms set forth in the order
20imposing the fine.
21(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
 
22    Section 99. Effective date. This Act takes effect January
231, 2017.".