Full Text of HB5674 98th General Assembly
HB5674 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB5674 Introduced , by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED: |
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Amends the Clinical Psychologist Licensing Act, the Clinical Social Work and Social Work Practice Act, the Marriage and Family Therapy Licensing Act, and the Professional Counselor and Clinical Professional Counselor
Licensing and Practice Act. Adds limited liability companies to the types of entities that may be granted licenses to provide services under the Acts. Adds provisions to the Acts regarding confidentiality of information collected by the Department of Financial and Professional Regulation in the course of examinations and investigations under the Acts. Amends the Professional Service Corporation Act. Makes changes in definitions of "ancillary personnel", "regulating authority", and "related professional services". Provides that a separate application shall be submitted for each business location in Illinois, and if the corporation is using more than one fictitious or assumed name and has an address different from that of the parent company, a separate application shall be submitted for each fictitious or assumed name. Makes changes concerning disciplinary grounds under the Act. Adds provisions concerning notices of violation and confidentiality of certain information collected under the Act. Amends the Medical Corporation Act. Provides that a separate application shall be submitted for each business location in Illinois, and if the corporation is using more than one fictitious or assumed name and has an address different from that of the parent company, a separate application shall be submitted for each fictitious or assumed name. Makes changes concerning disciplinary grounds under the Act, notice of hearing, proceedings for judicial review, and shareholders of a medical corporation. Adds provisions concerning notices of violation and confidentiality of certain information collected under the Act. Makes other changes.
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Clinical Psychologist Licensing Act is | 5 | | amended by changing Section 3 and by adding Section 24.2 as | 6 | | follows:
| 7 | | (225 ILCS 15/3) (from Ch. 111, par. 5353)
| 8 | | (Section scheduled to be repealed on January 1, 2017)
| 9 | | Sec. 3. Necessity of license; corporations, limited | 10 | | liability companies, partnerships, and
associations; display | 11 | | of license.
| 12 | | (a) No individual, partnership, association or corporation
| 13 | | shall, without a valid license as a clinical psychologist | 14 | | issued by the
Department, in any manner hold himself or herself | 15 | | out to the public as a
psychologist or clinical psychologist | 16 | | under the provisions of this Act or
render or offer to render | 17 | | clinical psychological services as defined in
paragraph 7 of | 18 | | Section 2 of this Act; or attach the title "clinical
| 19 | | psychologist",
"psychologist"
or any other name or
designation | 20 | | which would in any way imply that he or she is able to practice
| 21 | | as a
clinical
psychologist; or offer to render or render, to | 22 | | individuals, corporations
or the public, clinical | 23 | | psychological services as defined in paragraph 7 of
Section 2 |
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| 1 | | of this Act.
| 2 | | No person may engage in the practice of clinical | 3 | | psychology, as defined in
paragraph (5) of Section 2 of this | 4 | | Act, without a license granted under this
Act, except as
| 5 | | otherwise provided in this Act.
| 6 | | (b) No association or partnership shall be granted a | 7 | | license and no limited liability company shall provide, attempt | 8 | | to provide, or offer to provide clinical psychological services | 9 | | unless every
member, partner, and employee of the association , | 10 | | or partnership , or limited liability company who
renders | 11 | | clinical psychological services holds
a currently valid | 12 | | license issued under this Act.
No license shall be issued by | 13 | | the Department to a corporation that (i)
has a stated purpose | 14 | | that includes clinical psychology, or (ii) practices or holds
| 15 | | itself out as available
to practice clinical psychology, unless | 16 | | it is organized under the
Professional Service Corporation Act.
| 17 | | (c) Individuals, corporations, limited liability | 18 | | companies, partnerships , and associations may employ
practicum
| 19 | | students, interns or postdoctoral candidates seeking to | 20 | | fulfill
educational requirements or the professional | 21 | | experience
requirements needed to qualify for a license as a
| 22 | | clinical psychologist
to assist in the rendering of services, | 23 | | provided that such employees
function under the direct | 24 | | supervision, order, control and full professional
| 25 | | responsibility of a licensed clinical psychologist in the | 26 | | corporation, limited liability company,
partnership , or |
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| 1 | | association. Nothing in this paragraph shall prohibit a
| 2 | | corporation, limited liability company, partnership , or | 3 | | association from contracting with a licensed
health care | 4 | | professional to provide services.
| 5 | | (d) Nothing in this Act shall prevent the employment, by a | 6 | | clinical
psychologist, individual,
association, partnership , | 7 | | limited liability company, or a corporation furnishing | 8 | | clinical psychological services
for remuneration, of persons | 9 | | not licensed as clinical psychologists under
the provisions of | 10 | | this Act to perform services in various capacities as
needed, | 11 | | provided that such persons are not in any manner held out to | 12 | | the
public as rendering clinical psychological services as | 13 | | defined in paragraph
7 of Section 2 of this Act. Nothing | 14 | | contained in this Act shall require any
hospital, clinic, home
| 15 | | health agency, hospice, or other entity that provides health | 16 | | care services to
employ or to contract with a clinical | 17 | | psychologist licensed under this Act to
perform any of the | 18 | | activities under paragraph (5) of Section 2 of this Act.
| 19 | | (e) Nothing in this Act shall
be construed to limit the | 20 | | services and use of official title on the part
of a person, not | 21 | | licensed under the
provisions of this Act, in the employ of a | 22 | | State, county or municipal
agency or other political | 23 | | subdivision insofar that such services are a part of
the
duties | 24 | | in his or her salaried position, and insofar that such services | 25 | | are
performed solely on behalf of his or her employer.
| 26 | | Nothing contained in this Section shall be construed as |
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| 1 | | permitting such
person to offer their services as psychologists | 2 | | to any other persons and to
accept remuneration for such | 3 | | psychological services other than as
specifically excepted | 4 | | herein, unless they have been licensed under the
provisions of | 5 | | this Act.
| 6 | | (f) Duly recognized members of any bonafide religious | 7 | | denomination shall
not be restricted from functioning in their | 8 | | ministerial capacity provided
they do not represent themselves | 9 | | as being clinical psychologists or
providing clinical | 10 | | psychological services.
| 11 | | (g) Nothing in this Act shall prohibit individuals not | 12 | | licensed under
the provisions of this Act who work in self-help | 13 | | groups or programs or
not-for-profit organizations from | 14 | | providing services
in those groups, programs, or | 15 | | organizations, provided that such persons
are not in any manner | 16 | | held out to the public as rendering clinical
psychological | 17 | | services as defined in paragraph 7 of Section 2 of this Act.
| 18 | | (h) Nothing in this Act shall be construed to prevent a | 19 | | person from
practicing hypnosis without a license issued under | 20 | | this Act provided that
the person (1) does not otherwise engage | 21 | | in the practice of clinical
psychology
including, but not | 22 | | limited to, the independent evaluation, classification, and
| 23 | | treatment of mental, emotional, behavioral, or nervous | 24 | | disorders or conditions,
developmental disabilities, | 25 | | alcoholism and substance abuse, disorders of habit
or conduct, | 26 | | the psychological aspects of physical illness, (2) does not
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| 1 | | otherwise engage in the practice of medicine including, but not | 2 | | limited to, the
diagnosis or treatment of physical or mental | 3 | | ailments or conditions, and (3)
does not
hold himself or | 4 | | herself out to the public by a title or description stating or
| 5 | | implying
that the individual is a clinical psychologist or is | 6 | | licensed to practice
clinical psychology.
| 7 | | (i) Every licensee under this Act shall prominently display | 8 | | the license at the licensee's principal office, place of | 9 | | business, or place of employment and, whenever requested by any | 10 | | representative of the Department, must exhibit the license.
| 11 | | (Source: P.A. 94-870, eff. 6-16-06.)
| 12 | | (225 ILCS 15/24.2 new) | 13 | | Sec. 24.2. Confidentiality. All information collected by | 14 | | the Department in the course of an examination or investigation | 15 | | of a licensee or applicant, including, but not limited to, any | 16 | | complaint against a licensee filed with the Department and | 17 | | information collected to investigate any such complaint, shall | 18 | | be maintained for the confidential use of the Department and | 19 | | shall not be disclosed. The Department may not disclose the | 20 | | information to anyone other than law enforcement officials, | 21 | | other regulatory agencies that have an appropriate regulatory | 22 | | interest as determined by the Secretary, or a party presenting | 23 | | a lawful subpoena to the Department. Information and documents | 24 | | disclosed to a federal, State, county, or local law enforcement | 25 | | agency shall not be disclosed by the agency for any purpose to |
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| 1 | | any other agency or person. A formal complaint filed against a | 2 | | licensee by the Department or any order issued by the | 3 | | Department against a licensee or applicant shall be a public | 4 | | record, except as otherwise prohibited by law. | 5 | | Section 10. The Clinical Social Work and Social Work | 6 | | Practice Act is amended by changing Section 10 and by adding | 7 | | Section 34.1 as follows:
| 8 | | (225 ILCS 20/10) (from Ch. 111, par. 6360)
| 9 | | (Section scheduled to be repealed on January 1, 2018)
| 10 | | Sec. 10. License restrictions and limitations.
| 11 | | (a) No person shall, without a license as a social worker
| 12 | | issued by the Department: (i) in any manner hold himself or | 13 | | herself out to the
public as a social worker under this Act; | 14 | | (ii) use the title "social worker" or
"licensed social worker"; | 15 | | or (iii) offer to render to individuals,
corporations, or the | 16 | | public social work services if the words "social work" or
| 17 | | "licensed social worker" are used to describe the person | 18 | | offering to render or
rendering the services or to describe the | 19 | | services rendered or offered to be
rendered.
| 20 | | (b) No person shall, without a license as a clinical social | 21 | | worker
issued by the Department: (i) in any manner hold himself | 22 | | or herself out to the
public as a clinical social worker or | 23 | | licensed clinical social worker under
this Act; (ii) use the | 24 | | title "clinical social worker" or "licensed clinical
social |
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| 1 | | worker"; or (iii) offer to render to individuals, corporations, | 2 | | or the
public clinical social work services if the words | 3 | | "licensed clinical social
worker" or "clinical social work" are | 4 | | used to describe the person to render or
rendering the services | 5 | | or to describe the
services rendered or offered to be rendered.
| 6 | | (c) Licensed social workers may not engage in independent | 7 | | practice of
clinical social work without a clinical social | 8 | | worker license. In independent
practice, a licensed social | 9 | | worker shall practice at all times under the order,
control, | 10 | | and full professional responsibility of a licensed clinical | 11 | | social
worker, a licensed clinical psychologist, or a | 12 | | psychiatrist, as defined in
Section 1-121 of the Mental Health | 13 | | and Developmental Disabilities Code.
| 14 | | (d) No association , or partnership , or limited liability | 15 | | company shall provide, attempt to provide, or offer to provide | 16 | | social work or clinical social work services be granted a | 17 | | license unless every
member, partner, and employee of the | 18 | | association , or partnership, or limited liability company who | 19 | | practices
social work or clinical social work , or who renders | 20 | | social work or clinical
social work services, holds a current | 21 | | license issued under this Act.
No license shall be issued to a | 22 | | corporation shall provide, attempt to provide, or offer to | 23 | | provide social work or clinical social work services , the | 24 | | stated purpose of which
includes or that practices or holds | 25 | | itself out as available to practice
social work or clinical | 26 | | social work unless it is organized under the
Professional |
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| 1 | | Service Corporation Act.
| 2 | | (Source: P.A. 90-150, eff. 12-30-97 .)
| 3 | | (225 ILCS 20/34.1 new) | 4 | | Sec. 34.1. Confidentiality. All information collected by | 5 | | the Department in the course of an examination or investigation | 6 | | of a licensee or applicant, including, but not limited to, any | 7 | | complaint against a licensee filed with the Department and | 8 | | information collected to investigate any such complaint, shall | 9 | | be maintained for the confidential use of the Department and | 10 | | shall not be disclosed. The Department may not disclose the | 11 | | information to anyone other than law enforcement officials, | 12 | | other regulatory agencies that have an appropriate regulatory | 13 | | interest as determined by the Secretary, or a party presenting | 14 | | a lawful subpoena to the Department. Information and documents | 15 | | disclosed to a federal, State, county, or local law enforcement | 16 | | agency shall not be disclosed by the agency for any purpose to | 17 | | any other agency or person. A formal complaint filed against a | 18 | | licensee by the Department or any order issued by the | 19 | | Department against a licensee or applicant shall be a public | 20 | | record, except as otherwise prohibited by law.
| 21 | | (225 ILCS 20/18 rep.)
| 22 | | Section 15. The Clinical Social Work and Social Work | 23 | | Practice Act is amended by repealing Section 18. |
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| 1 | | Section 20. The Marriage and Family Therapy Licensing Act | 2 | | is amended by changing Section 75 and by adding Section 156 as | 3 | | follows:
| 4 | | (225 ILCS 55/75) (from Ch. 111, par. 8351-75)
| 5 | | (Section scheduled to be repealed on January 1, 2018)
| 6 | | Sec. 75. License restrictions and limitations. Practice by | 7 | | corporations. No association, partnership, or limited | 8 | | liability company shall provide, attempt to provide, or offer | 9 | | to provide marriage and family therapy services unless every | 10 | | member, partner, and employee of the association, partnership, | 11 | | or limited liability company, who practices marriage and family | 12 | | therapy or who renders marriage and family therapy services | 13 | | holds a current license issued under this Act. No license shall | 14 | | be issued by the
Department to any corporation shall provide, | 15 | | attempt to provide, or offer to provide (i) that has a stated | 16 | | purpose that includes,
or (ii) that practices or holds itself | 17 | | out as available to practice,
marriage and family therapy | 18 | | services , unless it is organized under the Professional
Service | 19 | | Corporation Act.
| 20 | | (Source: P.A. 87-783 .)
| 21 | | (225 ILCS 55/156 new) | 22 | | Sec. 156. Confidentiality. All information collected by | 23 | | the Department in the course of an examination or investigation | 24 | | of a licensee or applicant, including, but not limited to, any |
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| 1 | | complaint against a licensee filed with the Department and | 2 | | information collected to investigate any such complaint, shall | 3 | | be maintained for the confidential use of the Department and | 4 | | shall not be disclosed. The Department may not disclose the | 5 | | information to anyone other than law enforcement officials, | 6 | | other regulatory agencies that have an appropriate regulatory | 7 | | interest as determined by the Secretary, or a party presenting | 8 | | a lawful subpoena to the Department. Information and documents | 9 | | disclosed to a federal, State, county, or local law enforcement | 10 | | agency shall not be disclosed by the agency for any purpose to | 11 | | any other agency or person. A formal complaint filed against a | 12 | | licensee by the Department or any order issued by the | 13 | | Department against a licensee or applicant shall be a public | 14 | | record, except as otherwise prohibited by law. | 15 | | Section 25. The Professional Counselor and Clinical | 16 | | Professional Counselor
Licensing and Practice Act is amended by | 17 | | changing Section 20 as follows:
| 18 | | (225 ILCS 107/20)
| 19 | | (Section scheduled to be repealed on January 1, 2023)
| 20 | | Sec. 20. Restrictions and limitations.
| 21 | | (a) No person shall, without a valid license as a | 22 | | professional
counselor issued by the Department: (i) in any | 23 | | manner hold himself or
herself out to the public as a | 24 | | professional counselor
under this Act; (ii) attach the title |
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| 1 | | "professional counselor" or "licensed
professional
counselor"; | 2 | | or (iii) offer to render or render to individuals,
| 3 | | corporations, or the public professional counseling services.
| 4 | | (b) No person shall, without a valid license as a clinical | 5 | | professional
counselor issued by the Department: (i) in any | 6 | | manner hold himself or
herself out to the public as a clinical | 7 | | professional counselor or licensed
clinical professional | 8 | | counselor
under this Act; (ii) attach the title "clinical | 9 | | professional counselor" or
"licensed clinical professional
| 10 | | counselor"; or (iii) offer to render to individuals, | 11 | | corporations, or the
public clinical professional counseling | 12 | | services.
| 13 | | (c) (Blank).
| 14 | | (d) No association, limited liability company, or | 15 | | partnership shall provide, attempt to provide, or offer to | 16 | | provide
practice clinical professional counseling or | 17 | | professional counseling services unless
every member, partner, | 18 | | and employee of the association , limited liability company, or | 19 | | partnership who
practices professional counseling or clinical | 20 | | professional counseling ,
or who renders professional | 21 | | counseling or clinical
professional counseling services, holds | 22 | | a currently
valid license issued under this Act. No license | 23 | | shall be issued to a
corporation shall provide, attempt to | 24 | | provide, or offer to provide , the stated purpose of which | 25 | | includes or which practices or
which holds itself out as | 26 | | available to practice professional counseling or
clinical |
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| 1 | | professional counseling services unless it is organized under | 2 | | the
Professional Service Corporation Act.
| 3 | | (e) Nothing in this Act shall be construed as permitting | 4 | | persons
licensed as professional counselors or clinical | 5 | | professional counselors to
engage in any manner in the practice | 6 | | of medicine in all its branches as defined
by law in this | 7 | | State.
| 8 | | (f) When, in the course of providing professional | 9 | | counseling or clinical
professional counseling services to any | 10 | | person, a professional counselor or
clinical professional | 11 | | counselor licensed under this Act finds indication of
a disease | 12 | | or condition that in his or her professional judgment requires
| 13 | | professional service outside the scope of practice as defined | 14 | | in this Act,
he or she shall refer that person to a physician | 15 | | licensed to practice
medicine in all of its branches or another | 16 | | appropriate health care
practitioner.
| 17 | | (Source: P.A. 97-706, eff. 6-25-12.)
| 18 | | Section 30. The Professional Service Corporation Act is | 19 | | amended by changing Sections 2, 3.1, 3.2, 3.6, 12, 12.1, and 13 | 20 | | and by adding Sections 13.5 and 15.5 as follows:
| 21 | | (805 ILCS 10/2) (from Ch. 32, par. 415-2)
| 22 | | Sec. 2.
It is the legislative intent to provide for the | 23 | | incorporation of an
individual or group of individuals to | 24 | | render the same professional service
or related professional |
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| 1 | | services to the public for which such individuals
are required | 2 | | by law to be licensed or to obtain other legal authorization,
| 3 | | while preserving the established professional aspects of the | 4 | | personal
relationship between the professional person and | 5 | | those he or she serves
professionally.
| 6 | | (Source: P.A. 78-783.)
| 7 | | (805 ILCS 10/3.1) (from Ch. 32, par. 415-3.1)
| 8 | | Sec. 3.1.
"Ancillary personnel" means such person acting in | 9 | | their customary
capacities, employed by those rendering a | 10 | | professional service who:
| 11 | | (1) Are not licensed to engage in the category of | 12 | | professional service
for which a professional corporation was | 13 | | formed; and
| 14 | | (2) Work at the direction or under the supervision of those | 15 | | who are so
licensed; and
| 16 | | (3) Do not hold themselves out to the public generally as | 17 | | being
authorized to engage in the practice of the profession | 18 | | for which the
corporation is licensed; and
| 19 | | (4) Are not prohibited by the regulating licensing | 20 | | authority, regulating the
category of professional service | 21 | | rendered by the corporation from being so
employed and includes | 22 | | clerks, secretaries, technicians and other assistants
who are | 23 | | not usually and ordinarily considered by custom and practice to | 24 | | be
rendering the professional services for which the | 25 | | corporation was formed.
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| 1 | | (Source: P.A. 77-565.)
| 2 | | (805 ILCS 10/3.2) (from Ch. 32, par. 415-3.2)
| 3 | | Sec. 3.2.
"Regulating authority" means the State board, | 4 | | department, agency or the
Supreme Court of Illinois (in the | 5 | | case of attorneys at law) , the Department of Financial and | 6 | | Professional Regulation, or other State board, department, or | 7 | | agency having
jurisdiction to grant a license to render the | 8 | | category of professional
service for which a professional | 9 | | corporation has been organized , or the
United States Patent | 10 | | Office , or the Internal Revenue Service of the United
States | 11 | | Treasury Department.
| 12 | | (Source: P.A. 78-561.)
| 13 | | (805 ILCS 10/3.6) (from Ch. 32, par. 415-3.6)
| 14 | | Sec. 3.6. "Related professions" and "related professional | 15 | | services" mean
more than one personal service which requires as | 16 | | a condition precedent to the
rendering thereof the obtaining of | 17 | | a license and which prior to October 1,
1973 could not be | 18 | | performed by a
corporation by reason of law; provided, however, | 19 | | that these terms shall
be restricted to:
| 20 | | (1) a combination of 2 two or more of the following | 21 | | personal services: (a)
"architecture" as defined in | 22 | | Section 5 of the Illinois Architecture Practice
Act of | 23 | | 1989, (b) "professional engineering" as defined in Section | 24 | | 4 of the
Professional Engineering Practice Act of 1989, (c) |
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| 1 | | "structural engineering" as
defined in Section 5 of the | 2 | | Structural Engineering
Practice Act of 1989, (d)
"land | 3 | | surveying" as defined in Section 2 of the Illinois | 4 | | Professional Land
Surveyor Act of 1989; or
| 5 | | (2) a combination of the following personal services: | 6 | | (a) the practice of
medicine by persons licensed under the | 7 | | Medical Practice Act of 1987, (b) the practice of podiatry | 8 | | as defined in
Section 5 of the Podiatric Medical Practice | 9 | | Act of 1987, (c) the practice of
dentistry as defined in | 10 | | the Illinois Dental Practice Act, (d) the practice of
| 11 | | optometry as defined in the Illinois Optometric Practice | 12 | | Act of 1987.
| 13 | | (3) a combination of 2 or more of the following | 14 | | personal services:
(a) the practice of clinical psychology | 15 | | by persons licensed under the Clinical Psychologist | 16 | | Licensing Act, (b) the practice of social work or clinical | 17 | | social work by persons licensed under the Clinical Social | 18 | | Work and Social Work Practice Act, (c) the practice of | 19 | | marriage and family therapy by persons licensed under the | 20 | | Marriage and Family Therapy Licensing Act, (d) the practice | 21 | | of professional counseling or clinical professional | 22 | | counseling by persons licensed under the Professional | 23 | | Counselor and Clinical Professional Counselor Licensing | 24 | | and Practice Act, and (e) the practice of sex offender | 25 | | evaluations by persons licensed under the Sex Offender | 26 | | Evaluation and Treatment Provider Act. |
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| 1 | | (4) a combination of 2 or more of the following | 2 | | personal services:
(a) the practice of acupuncture by | 3 | | persons licensed under the Acupuncture Practice Act, (b) | 4 | | the practice of massage by persons licensed under the | 5 | | Massage Licensing Act, (c) the practice of naprapathy by | 6 | | persons licensed under the Naprapathic Practice Act, (d) | 7 | | the practice of occupational therapy by persons licensed | 8 | | under the Illinois Occupational Therapy Practice Act, and | 9 | | (e) the practice of physical therapy by persons licensed | 10 | | under the Illinois Physical Therapy Act. | 11 | | (Source: P.A. 95-738, eff. 1-1-09.)
| 12 | | (805 ILCS 10/12) (from Ch. 32, par. 415-12)
| 13 | | Sec. 12.
(a) No corporation shall open, operate or maintain | 14 | | an establishment for any
of the purposes for which a | 15 | | corporation may be organized under this Act
without a | 16 | | certificate of registration from the regulating authority
| 17 | | authorized by law to license individuals to engage in the | 18 | | profession or
related professions concerned. Application for | 19 | | such registration shall be
made in writing, and shall contain | 20 | | the name and address of the corporation,
and such other | 21 | | information as may be required by the regulating authority.
| 22 | | Upon receipt of such application, the regulating authority, or | 23 | | some
administrative agency of government designated by it, | 24 | | shall make an
investigation of the corporation. If the | 25 | | regulating authority is the
Supreme Court it may designate the |
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| 1 | | bar or legal association which
investigates and prefers charges | 2 | | against lawyers to it for disciplining. If
such authority finds | 3 | | that the incorporators, officers, directors and
shareholders | 4 | | are each licensed pursuant to the laws of Illinois to engage
in | 5 | | the particular profession or related professions involved | 6 | | (except that
the secretary of the corporation need not be so | 7 | | licensed), and if no
disciplinary action is pending before it | 8 | | against any of them, and if it
appears that the corporation | 9 | | will be conducted in compliance with the law
and the | 10 | | regulations and rules of the regulating authority, such | 11 | | authority,
shall issue, upon payment of a registration fee of | 12 | | $50, a certificate of
registration.
| 13 | | A separate application shall be submitted for each business | 14 | | location in Illinois. If the corporation is using more than one | 15 | | fictitious or assumed name and has an address different from | 16 | | that of the parent company, a separate application shall be | 17 | | submitted for each fictitious or assumed name. | 18 | | Upon written application of the holder, the
regulating | 19 | | authority which originally issued the certificate of
| 20 | | registration shall renew the certificate if it finds that the | 21 | | corporation
has complied with its regulations and the | 22 | | provisions of this Act.
| 23 | | The fee for the renewal of a certificate of registration | 24 | | shall be calculated
at the rate of $40 per year.
| 25 | | The certificate of registration shall be conspicuously | 26 | | posted upon the
premises to which it is applicable , and the |
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| 1 | | professional corporation shall
have only those offices which | 2 | | are designated by street address in the
articles of | 3 | | incorporation, or as changed by amendment of such articles . No
| 4 | | certificate of registration shall be assignable.
| 5 | | (b) Moneys collected under this Section from a professional | 6 | | corporation organized to practice law shall be deposited into | 7 | | the Supreme Court Special Purposes Fund. | 8 | | (c) After the effective date of this amendatory Act of the | 9 | | 98th General Assembly, the amount of any fee collected under | 10 | | this Section from a professional corporation organized to | 11 | | practice law may be set by Supreme Court rule, except that the | 12 | | amount of the fees shall remain as set by statute until the | 13 | | Supreme Court adopts rules specifying a higher or lower fee | 14 | | amount. | 15 | | (Source: P.A. 98-324, eff. 10-1-13.)
| 16 | | (805 ILCS 10/12.1) (from Ch. 32, par. 415-12.1)
| 17 | | Sec. 12.1.
Any corporation which on 2 occasions issues or | 18 | | delivers a
check or other order to the Department of Financial | 19 | | and Professional Regulation
which is not honored by the | 20 | | financial institution upon which it is drawn
because of | 21 | | insufficient funds on account, shall pay to the
Department, in | 22 | | addition to the amount owing upon such check or other order,
a | 23 | | fee of $50. If such check or other order was issued or | 24 | | delivered in payment
of a renewal fee and the corporation whose | 25 | | certificate of registration has
lapsed continues to practice as |
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| 1 | | a corporation without paying the renewal
fee and the $50 fee | 2 | | required under this Section, an additional fee of $100
shall be | 3 | | imposed for practicing without a current license. The | 4 | | Department
shall notify the corporation whose certificate of | 5 | | registration has lapsed,
within 30 days after the discovery by | 6 | | the Department that such corporation
is operating without a | 7 | | current certificate, that the corporation is
operating without | 8 | | a certificate, and of the amount due to the Department,
which | 9 | | shall include the lapsed renewal fee and all other fees | 10 | | required by
this Section. If after the expiration of 30 days | 11 | | from the date of such
notification, the corporation whose | 12 | | certificate has lapsed seeks a current
certificate, it shall | 13 | | thereafter apply to the Department
for reinstatement of the | 14 | | certificate and pay all fees due to the Department.
The | 15 | | Department may establish a fee for the processing of an | 16 | | application
for reinstatement of a certificate which allows the | 17 | | Department to pay all costs
and expenses incident to the | 18 | | processing of this application. The Director
may waive the fees | 19 | | due under this Section in individual cases where he finds
that | 20 | | in the particular case such fees would be unreasonable or | 21 | | unnecessarily
burdensome.
| 22 | | (Source: P.A. 85-1209.)
| 23 | | (805 ILCS 10/13) (from Ch. 32, par. 415-13)
| 24 | | Sec. 13.
The regulating authority which issued the | 25 | | certificate of
registration may suspend or revoke the |
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| 1 | | certificate or may otherwise discipline the certificate holder | 2 | | it for any of the following reasons:
| 3 | | (a) The revocation or suspension of the license to practice | 4 | | the
profession of any officer, director, shareholder or | 5 | | employee not promptly
removed or discharged by the corporation; | 6 | | (b) unethical professional
conduct on the part of any officer, | 7 | | director, shareholder or employee not
promptly removed or | 8 | | discharged by the corporation; (c) the death of the
last | 9 | | remaining shareholder; (d) upon finding that
the holder of a | 10 | | certificate has failed to comply with the provisions of
this | 11 | | Act or the regulations prescribed by the regulating authority | 12 | | that
issued it; or (e) the failure to file a return, or to pay | 13 | | the tax,
penalty or interest shown in a filed return, or to pay | 14 | | any final assessment
of tax, penalty or interest, as required | 15 | | by any tax Act administered by the
Illinois Department of | 16 | | Revenue, until such time as the requirements of any
such tax | 17 | | Act are satisfied.
| 18 | | Before any certificate of registration is suspended or | 19 | | revoked, the
holder shall be given written notice of the | 20 | | proposed action and the reasons
therefor, and shall provide a | 21 | | public hearing by the regulating authority,
with the right to | 22 | | produce testimony and other evidence concerning the
charges | 23 | | made. The notice shall also state the place and date of the | 24 | | hearing
which shall be at least 10 days after service of said | 25 | | notice.
| 26 | | All orders of regulating authorities denying an |
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| 1 | | application for a
certificate of registration , or suspending or | 2 | | revoking a certificate of
registration , or imposing a civil | 3 | | penalty shall be subject to judicial review pursuant to the | 4 | | provisions
of the Administrative Review Law, as now or | 5 | | hereafter amended, and the
rules adopted pursuant thereto then | 6 | | in force.
| 7 | | The proceedings for judicial review shall be commenced in | 8 | | the circuit court of the county in which the party applying for | 9 | | review is located. If the party is not currently located in | 10 | | Illinois, the venue shall be in Sangamon County. The regulating | 11 | | authority shall not be required to certify any record to the | 12 | | court or file any answer in court or otherwise appear in any | 13 | | court in a judicial review proceeding, unless and until the | 14 | | regulating authority has received from the plaintiff payment of | 15 | | the costs of furnishing and certifying the record, which costs | 16 | | shall be determined by the regulating authority. Exhibits shall | 17 | | be certified without cost. Failure on the part of the plaintiff | 18 | | to file a receipt in court is grounds for dismissal of the | 19 | | action. | 20 | | (Source: P.A. 85-1222.)
| 21 | | (805 ILCS 10/13.5 new) | 22 | | Sec. 13.5. Notice of violation. Whenever the regulating | 23 | | authority has reason to believe a corporation has opened, | 24 | | operated, or maintained an establishment for any of the | 25 | | purposes for which a corporation may be organized under this |
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| 1 | | Act without a certificate of registration from the regulating | 2 | | authority authorized by law to license individuals to engage in | 3 | | the profession or related professions, the regulating | 4 | | authority may issue a notice of violation to the corporation. | 5 | | The notice of violation shall provide a period of 30 days from | 6 | | the date of the notice to either file an answer to the | 7 | | satisfaction of the regulating authority or submit an | 8 | | application for registration in compliance with this Act, | 9 | | including payment of the $50 application fee and a late fee of | 10 | | $100 for each year that the corporation opened, operated, or | 11 | | maintained an establishment for any of the purposes for which a | 12 | | corporation may be organized under this Act without having been | 13 | | issued a certificate of registration, with a maximum late fee | 14 | | of $500. If the corporation that is the subject of the notice | 15 | | of violation fails to respond, fails to respond to the | 16 | | satisfaction of the regulating authority, or fails to submit an | 17 | | application for registration, the regulating authority may | 18 | | institute disciplinary proceedings against the corporation and | 19 | | may impose a civil penalty up to $10,000 for violation of this | 20 | | Act after affording the corporation a hearing in conformance | 21 | | with the requirements of this Act. | 22 | | (805 ILCS 10/15.5 new) | 23 | | Sec. 15.5. Confidentiality. All information collected by | 24 | | the regulating authority in the course of an examination or | 25 | | investigation of a holder of a certificate of registration or |
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| 1 | | an applicant, including, but not limited to, any complaint | 2 | | against a holder of a certificate of registration filed with | 3 | | the regulating authority and information collected to | 4 | | investigate any such complaint, shall be maintained for the | 5 | | confidential use of the regulating authority and shall not be | 6 | | disclosed. The regulating authority may not disclose the | 7 | | information to anyone other than law enforcement officials, | 8 | | other regulatory agencies that have an appropriate regulatory | 9 | | interest as determined by the regulating authority, or a party | 10 | | presenting a lawful subpoena to the regulating authority. | 11 | | Information and documents disclosed to a federal, State, | 12 | | county, or local law enforcement agency shall not be disclosed | 13 | | by the agency for any purpose to any other agency or person. A | 14 | | formal complaint filed against a holder of a certificate of | 15 | | registration by the regulating authority or any order issued by | 16 | | the regulating authority against a holder of a certificate of | 17 | | registration or an applicant shall be a public record, except | 18 | | as otherwise prohibited by law. | 19 | | Section 35. The Medical Corporation Act is amended by | 20 | | changing Sections 2, 5, 5.1, 8, 10, 11, 12, 13, and 15 and by | 21 | | adding Sections 13.5 and 16.5 as follows:
| 22 | | (805 ILCS 15/2) (from Ch. 32, par. 632)
| 23 | | Sec. 2.
One or more persons licensed pursuant to the | 24 | | Medical Practice Act
of 1987, as heretofore or hereafter |
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| 1 | | amended, may form a corporation
pursuant to the "Business | 2 | | Corporation Act of 1983", as amended, to own,
operate and | 3 | | maintain an establishment for the study, diagnosis and
| 4 | | treatment of human ailments and injuries, whether physical or | 5 | | mental, and
to promote medical, surgical and scientific | 6 | | research and knowledge;
provided that medical or surgical | 7 | | treatment, consultation or advice may be
given by shareholders, | 8 | | directors, officers, agents, and employees of the corporation | 9 | | only if they are licensed pursuant to
the Medical Practice Act | 10 | | of 1987; and provided further, however, that
nothing herein | 11 | | shall prohibit an attorney licensed to practice law in
Illinois | 12 | | from signing and acting as initial incorporator on behalf of
| 13 | | such corporation.
| 14 | | (Source: P.A. 85-1209.)
| 15 | | (805 ILCS 15/5) (from Ch. 32, par. 635)
| 16 | | Sec. 5.
No corporation shall open, operate or maintain an | 17 | | establishment for
any of the purposes set forth in Section 2 of | 18 | | this Act without a
certificate of registration from the | 19 | | Department of Financial and Professional
Regulation, | 20 | | hereinafter called the Department. Application for such
| 21 | | registration shall be made to the Department in writing and | 22 | | shall contain
the name and address of the corporation and such | 23 | | other information as may
be required by the Department. A | 24 | | separate application shall be submitted for each business | 25 | | location in Illinois. If the corporation is using more than one |
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| 1 | | fictitious or assumed name and has an address different from | 2 | | that of the parent company, a separate application shall be | 3 | | submitted for each fictitious or assumed name. Upon receipt of | 4 | | such application, the
Department shall make an investigation of | 5 | | the corporation. If the
Department finds that the | 6 | | incorporators, officers, directors and
shareholders are all | 7 | | licensed pursuant to the Medical Practice Act of
1987 and if no | 8 | | disciplinary action is pending before the Department
against | 9 | | any of them, and if it appears that the corporation will be
| 10 | | conducted in compliance with law and the regulations of the | 11 | | Department, the
Department shall issue, upon payment of a | 12 | | registration fee of $50, a
certificate of registration.
| 13 | | (Source: P.A. 85-1209.)
| 14 | | (805 ILCS 15/5.1)
| 15 | | Sec. 5.1. Deposit of fees and fines. Beginning July 1, | 16 | | 2003,
all of the fees , civil penalties, and fines collected | 17 | | under this Act shall be deposited into the
General Professions | 18 | | Dedicated Fund.
| 19 | | (Source: P.A. 93-32, eff. 7-1-03.)
| 20 | | (805 ILCS 15/8) (from Ch. 32, par. 638)
| 21 | | Sec. 8.
In the event of a change of location of the | 22 | | registered
establishment, the corporation shall notify the | 23 | | Department, in accordance with its regulations, and the | 24 | | Department shall
amend the certificate of registration so that |
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| 1 | | it shall apply to the new
location.
| 2 | | (Source: Laws 1963, p. 3513.)
| 3 | | (805 ILCS 15/10) (from Ch. 32, par. 640)
| 4 | | Sec. 10.
The Department may suspend or revoke any | 5 | | certificate of
registration or may otherwise discipline the | 6 | | certificate holder for any of the following reasons: (a) the | 7 | | revocation or
suspension of the license to practice medicine of | 8 | | any officer, director,
shareholder or employee not promptly | 9 | | removed or discharged by the
corporation; (b) unethical | 10 | | professional conduct on the part of any officer,
director, | 11 | | shareholder or employee not promptly removed or discharged by | 12 | | the
corporation; (c) the death of the last remaining | 13 | | shareholder; or (d) upon
finding that the holder of a | 14 | | certificate has failed to comply with the
provisions of this | 15 | | Act or the regulations prescribed by the Department.
| 16 | | The Department may refuse to issue or renew or may suspend | 17 | | the certificate of
any corporation which fails to file a | 18 | | return, or to pay the tax, penalty or
interest shown in a filed | 19 | | return, or to pay any final assessment of tax,
penalty or | 20 | | interest, as required by any tax Act administered by the
| 21 | | Illinois Department of Revenue, until such time as the | 22 | | requirements of any
such tax Act are satisfied.
| 23 | | (Source: P.A. 85-1222.)
| 24 | | (805 ILCS 15/11) (from Ch. 32, par. 641)
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| 1 | | Sec. 11.
Before any certificate of registration is | 2 | | suspended or revoked,
the holder shall be given written notice | 3 | | of the proposed action and the
reasons therefor, and shall be | 4 | | given a public hearing by the Department
with the right to | 5 | | produce testimony concerning the charges made. The notice
shall | 6 | | also state the place and date of the hearing which shall be at | 7 | | least 10
5 days after service of said notice.
| 8 | | (Source: Laws 1963, p. 3513.)
| 9 | | (805 ILCS 15/12) (from Ch. 32, par. 642)
| 10 | | Sec. 12.
The provisions of the Administrative Review Law,
| 11 | | as heretofore
or hereafter amended, and all rules adopted | 12 | | pursuant thereto, shall apply
to and govern all proceedings for | 13 | | the judicial review of final
administrative decisions of the | 14 | | Department hereunder. The term
"administrative decision" is | 15 | | defined as in Section 3-101 of the Code of
Civil Procedure.
| 16 | | The proceedings for judicial review shall be commenced in | 17 | | the circuit court of the county in which the party applying for | 18 | | review is located. If the party is not currently located in | 19 | | Illinois, the venue shall be in Sangamon County. The Department | 20 | | shall not be required to certify any record to the court or | 21 | | file any answer in court or otherwise appear in any court in a | 22 | | judicial review proceeding, unless and until the Department has | 23 | | received from the plaintiff payment of the costs of furnishing | 24 | | and certifying the record, which costs shall be determined by | 25 | | the Department. Exhibits shall be certified without cost. |
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| 1 | | Failure on the part of the plaintiff to file a receipt in court | 2 | | is grounds for dismissal of the action. | 3 | | (Source: P.A. 82-783.)
| 4 | | (805 ILCS 15/13) (from Ch. 32, par. 643)
| 5 | | Sec. 13.
(a) All of the officers, directors and | 6 | | shareholders of a corporation
subject to this Act shall at all | 7 | | times be persons licensed pursuant to the
Medical Practice Act | 8 | | of 1987. No person who is not so licensed shall
have any part | 9 | | in the ownership, management, or control of such corporation,
| 10 | | nor may any proxy to vote any shares of such corporation be | 11 | | given to a
person who is not so licensed. Notwithstanding any | 12 | | provisions to the
contrary in the "Business Corporation Act of | 13 | | 1983", as now or hereafter
amended, if all of the shares of a | 14 | | corporation subject to this Act are
owned by one shareholder, | 15 | | the office of president and secretary may be held
by the same | 16 | | person.
| 17 | | (b) No corporation may issue any of its capital stock to | 18 | | anyone other than an individual who is duly licensed under the | 19 | | Medical Practice Act of 1987. No shareholder shall enter into a | 20 | | voting trust agreement or any other type of agreement vesting | 21 | | another person with the authority to exercise the voting power | 22 | | of any of his or her stock. | 23 | | (c) A corporation may, for purposes of dissolution, have as | 24 | | its shareholders, directors, officers, agents, and employees | 25 | | individuals who are not licensed under the Medical Practice Act |
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| 1 | | of 1987, provided that the corporation does not render any | 2 | | medical services nor hold itself out as capable of or available | 3 | | to render medical services during the period of dissolution. | 4 | | The Department shall not issue or renew any certificate of | 5 | | authority to a corporation during the period of dissolution. A | 6 | | copy of the certificate of dissolution, as issued by the | 7 | | Secretary of State, shall be delivered to the Department within | 8 | | 30 days after its receipt by the incorporators. | 9 | | (Source: P.A. 85-1209.)
| 10 | | (805 ILCS 15/13.5 new) | 11 | | Sec. 13.5. Notice of violation. Whenever the Department has | 12 | | reason to believe a corporation has opened, operated, or | 13 | | maintained an establishment for any of the purposes for which a | 14 | | corporation may be organized under this Act without a | 15 | | certificate of registration from the Department, the | 16 | | Department may issue a notice of violation to the corporation. | 17 | | The notice of violation shall provide a period of 30 days from | 18 | | the date of the notice to either file an answer to the | 19 | | satisfaction of the Department or submit an application for | 20 | | registration in compliance with this Act, including payment of | 21 | | the $50 application fee and a late fee of $100 for each year | 22 | | that the corporation opened, operated, or maintained an | 23 | | establishment for any of the purposes for which a corporation | 24 | | may be organized under this Act without having been issued a | 25 | | certification of registration, with a maximum late fee of $500. |
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| 1 | | If the corporation that is the subject of the notice of | 2 | | violation fails to respond, fails to respond to the | 3 | | satisfaction of the Department, or fails to submit an | 4 | | application for registration, the Department may institute | 5 | | disciplinary proceedings against the corporation and may | 6 | | impose a civil penalty up to $10,000 for violation of this Act | 7 | | after affording the corporation a hearing in conformance with | 8 | | the requirements of this Act.
| 9 | | (805 ILCS 15/15) (from Ch. 32, par. 645)
| 10 | | Sec. 15.
Each individual shareholder, director, officer, | 11 | | agent, or employee licensed pursuant to the Medical
Practice | 12 | | Act of 1987 who is employed by a corporation subject to this
| 13 | | Act shall remain subject to reprimand or discipline for his | 14 | | conduct under
the provisions of the Medical Practice Act of | 15 | | 1987.
| 16 | | (Source: P.A. 85-1209.)
| 17 | | (805 ILCS 15/16.5 new) | 18 | | Sec. 16.5. Confidentiality. All information collected by | 19 | | the Department in the course of an examination or investigation | 20 | | of a holder of a certificate of registration or an applicant, | 21 | | including, but not limited to, any complaint against a holder | 22 | | of a certificate of registration filed with the Department and | 23 | | information collected to investigate any such complaint, shall | 24 | | be maintained for the confidential use of the Department and |
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| 1 | | shall not be disclosed. The Department may not disclose the | 2 | | information to anyone other than law enforcement officials, | 3 | | other regulatory agencies that have an appropriate regulatory | 4 | | interest as determined by the Secretary, or a party presenting | 5 | | a lawful subpoena to the Department. Information and documents | 6 | | disclosed to a federal, State, county, or local law enforcement | 7 | | agency shall not be disclosed by the agency for any purpose to | 8 | | any other agency or person. A formal complaint filed against a | 9 | | holder of a certificate of registration by the Department or | 10 | | any order issued by the Department against a holder of a | 11 | | certificate of registration or an applicant shall be a public | 12 | | record, except as otherwise prohibited by law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 225 ILCS 15/3 | from Ch. 111, par. 5353 | | 4 | | 225 ILCS 15/24.2 new | | | 5 | | 225 ILCS 20/10 | from Ch. 111, par. 6360 | | 6 | | 225 ILCS 20/34.1 new | | | 7 | | 225 ILCS 20/18 rep. | | | 8 | | 225 ILCS 55/75 | from Ch. 111, par. 8351-75 | | 9 | | 225 ILCS 55/156 new | | | 10 | | 225 ILCS 107/20 | | | 11 | | 805 ILCS 10/2 | from Ch. 32, par. 415-2 | | 12 | | 805 ILCS 10/3.1 | from Ch. 32, par. 415-3.1 | | 13 | | 805 ILCS 10/3.2 | from Ch. 32, par. 415-3.2 | | 14 | | 805 ILCS 10/3.6 | from Ch. 32, par. 415-3.6 | | 15 | | 805 ILCS 10/12 | from Ch. 32, par. 415-12 | | 16 | | 805 ILCS 10/12.1 | from Ch. 32, par. 415-12.1 | | 17 | | 805 ILCS 10/13 | from Ch. 32, par. 415-13 | | 18 | | 805 ILCS 10/13.5 new | | | 19 | | 805 ILCS 10/15.5 new | | | 20 | | 805 ILCS 15/2 | from Ch. 32, par. 632 | | 21 | | 805 ILCS 15/5 | from Ch. 32, par. 635 | | 22 | | 805 ILCS 15/5.1 | | | 23 | | 805 ILCS 15/8 | from Ch. 32, par. 638 | | 24 | | 805 ILCS 15/10 | from Ch. 32, par. 640 | | 25 | | 805 ILCS 15/11 | from Ch. 32, par. 641 | |
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| 1 | | 805 ILCS 15/12 | from Ch. 32, par. 642 | | 2 | | 805 ILCS 15/13 | from Ch. 32, par. 643 | | 3 | | 805 ILCS 15/13.5 new | | | 4 | | 805 ILCS 15/15 | from Ch. 32, par. 645 | | 5 | | 805 ILCS 15/16.5 new | |
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