Full Text of HB5674 98th General Assembly
HB5674eng 98TH GENERAL ASSEMBLY |
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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| 8 | | (Section scheduled to be repealed on January 1, 2017)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.
| 13 | | Section 40. The Limited Liability Company Act is amended by | 14 | | changing Sections 1-10, 1-25, 1-28, 5-5, and 5-55 and by adding | 15 | | Section 1-29 as follows:
| 16 | | (805 ILCS 180/1-10)
| 17 | | Sec. 1-10. Limited liability company name.
| 18 | | (a) The name of each limited liability company as set
forth | 19 | | in its articles of organization:
| 20 | | (1) shall contain the terms "limited liability
| 21 | | company", "L.L.C.", or "LLC", or, if organized as a | 22 | | low-profit limited liability company under Section 1-26 of | 23 | | this Act, shall contain the term "L3C";
| 24 | | (2) may not contain a word or phrase, or an
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| 1 | | abbreviation or derivation thereof, the use of which is
| 2 | | prohibited or restricted by any other statute of this
State | 3 | | unless the restriction has been complied with;
| 4 | | (3) shall consist of letters of the English
alphabet, | 5 | | Arabic or Roman numerals, or symbols capable
of being | 6 | | readily reproduced by the Office of the
Secretary of State;
| 7 | | (4) shall not contain any of the following terms:
| 8 | | "Corporation," "Corp.," "Incorporated," "Inc.," "Ltd.,"
| 9 | | "Co.," "Limited Partnership" or "L.P.";
| 10 | | (5) shall be the name under which the limited
liability | 11 | | company transacts business in this State
unless the limited | 12 | | liability company also elects to
adopt an assumed name or | 13 | | names as provided in this Act;
provided, however, that the | 14 | | limited liability company
may use any divisional | 15 | | designation or trade name without
complying with the | 16 | | requirements of this Act, provided
the limited liability | 17 | | company also clearly discloses its
name;
| 18 | | (6) shall not contain any word or phrase that indicates | 19 | | or implies that
the limited liability company is authorized | 20 | | or empowered to be in the business
of a corporate fiduciary | 21 | | unless otherwise permitted by the Secretary of Financial | 22 | | and Professional Regulation Commissioner of the
Office of | 23 | | Banks and Real Estate under Section 1-9 of the Corporate | 24 | | Fiduciary
Act. The word "trust", "trustee", or "fiduciary" | 25 | | may be used by a limited
liability company only if it has | 26 | | first complied with Section 1-9 of the
Corporate Fiduciary |
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| 1 | | Act; and
| 2 | | (7) shall contain the word "trust", if it is a limited | 3 | | liability company
organized for the purpose of accepting | 4 | | and executing trusts ; and
| 5 | | (8) shall not, as to any limited liability company | 6 | | organized or amending its company name on or after April 3, | 7 | | 2009 (the effective date of Public Act 96-7), without the | 8 | | express written consent of the United States Olympic | 9 | | Committee, contain the words: (i) "Olympic"; (ii) | 10 | | "Olympiad"; (iii) "Paralympic"; (iv) "Paralympiad"; (v) | 11 | | "Citius Altius Fortius"; (vi) "CHICOG"; or (vii) "Chicago | 12 | | 2016" . | 13 | | (b) Nothing in this Section or Section 1-20 shall
abrogate | 14 | | or limit the common law or statutory law of unfair
competition | 15 | | or unfair trade practices, nor derogate from the
common law or | 16 | | principles of equity or the statutes of this
State or of the | 17 | | United States of America with respect to the
right to acquire | 18 | | and protect copyrights, trade names,
trademarks, service | 19 | | marks, service names, or any other right
to the exclusive use | 20 | | of names or symbols.
| 21 | | (c) (Blank).
| 22 | | (d) The name shall be distinguishable upon the records
in | 23 | | the Office of the Secretary of State from all of the following:
| 24 | | (1) Any limited liability company that has
articles of | 25 | | organization filed with the Secretary of
State under | 26 | | Section 5-5.
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| 1 | | (2) Any foreign limited liability company admitted
to | 2 | | transact business in this State.
| 3 | | (3) Any name for which an exclusive right has been
| 4 | | reserved in the Office of the Secretary of State
under | 5 | | Section 1-15.
| 6 | | (4) Any assumed name that is registered with the
| 7 | | Secretary of State under Section 1-20.
| 8 | | (5) Any corporate name or assumed corporate name of a | 9 | | domestic or
foreign corporation subject to the provisions | 10 | | of Section 4.05 of the
Business Corporation Act of 1983
or | 11 | | Section 104.05 of the General Not For Profit Corporation | 12 | | Act of 1986.
| 13 | | (e) The provisions of subsection (d) of this Section
shall | 14 | | not apply if the organizer files with the Secretary of
State a | 15 | | certified copy of a final decree of a court of
competent | 16 | | jurisdiction establishing the prior right of the
applicant to | 17 | | the use of that name in this State.
| 18 | | (f) The Secretary of State shall determine whether a
name | 19 | | is "distinguishable" from another name for the purposes
of this | 20 | | Act. Without excluding other names that may not
constitute | 21 | | distinguishable names in this State, a name is not
considered | 22 | | distinguishable, for purposes of this Act, solely
because it | 23 | | contains one or more of the following:
| 24 | | (1) The word "limited", "liability" or "company"
or an | 25 | | abbreviation of one of those words.
| 26 | | (2) Articles, conjunctions, contractions,
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| 1 | | abbreviations, or different tenses or number of the same
| 2 | | word.
| 3 | | (Source: P.A. 96-7, eff. 4-3-09; 96-126, eff. 1-1-10; 96-1000, | 4 | | eff. 7-2-10.)
| 5 | | (805 ILCS 180/1-25)
| 6 | | Sec. 1-25. Nature of business. A limited liability company | 7 | | may be formed
for any lawful purpose or business except:
| 8 | | (1) (blank);
| 9 | | (2) insurance unless, for the purpose of carrying on | 10 | | business as a member
of a group including incorporated and | 11 | | individual unincorporated underwriters,
the Director of | 12 | | Insurance finds that the group meets the requirements of
| 13 | | subsection (3) of Section 86 of the Illinois Insurance Code | 14 | | and the limited
liability company, if insolvent, is subject | 15 | | to liquidation by the Director of
Insurance under Article | 16 | | XIII of the Illinois Insurance Code;
| 17 | | (3) the practice of dentistry unless all the members | 18 | | and managers are
licensed as dentists under the Illinois | 19 | | Dental Practice Act; or
| 20 | | (4) the practice of medicine unless all the managers, | 21 | | if any, are
licensed to practice medicine under the Medical | 22 | | Practice Act of 1987 and each
member is either:
| 23 | | (A) licensed to practice medicine under the | 24 | | Medical Practice Act of
1987; or
| 25 | | (B) a registered medical corporation or |
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| 1 | | corporations organized pursuant
to the Medical | 2 | | Corporation Act; or
| 3 | | (C) a professional corporation organized pursuant | 4 | | to the Professional
Service Corporation Act of | 5 | | physicians licensed to practice under the Medical | 6 | | Practice Act of 1987; or
| 7 | | (D) a limited liability company that satisfies the | 8 | | requirements of
subparagraph (A), (B), or (C) ; or .
| 9 | | (5) the practice of real estate unless all the | 10 | | managers, if any, or every member in a member-managed | 11 | | company are licensed to practice as a managing broker or | 12 | | broker pursuant to the Real Estate License Act of 2000. | 13 | | (Source: P.A. 95-331, eff. 8-21-07; 95-738, eff. 1-1-09.)
| 14 | | (805 ILCS 180/1-28) | 15 | | Sec. 1-28. Certificate of Registration; Department of | 16 | | Financial and Professional Regulation. This Section applies | 17 | | only to a limited liability company that intends to provide, or | 18 | | does provide, professional services that require the | 19 | | individuals engaged in the profession to be licensed by the | 20 | | Department of Financial and Professional Regulation. A limited | 21 | | liability company covered by this Section shall not open, | 22 | | operate, or maintain an establishment for any of the purposes | 23 | | for which a limited liability company may be organized under | 24 | | this Act without obtaining a certificate of registration from | 25 | | the Department. |
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| 1 | | Application for such registration shall be made in writing | 2 | | and shall contain the name and address of the limited liability | 3 | | company and such other information as may be required by the | 4 | | Department. Upon receipt of such application, the Department | 5 | | shall make an investigation of the limited liability company. | 6 | | If the Department finds that the organizers, managers, and | 7 | | members are each licensed pursuant to the laws of Illinois to | 8 | | engage in the particular profession or related professions | 9 | | involved (except that an initial organizer may be a licensed | 10 | | attorney) and if no disciplinary action is pending before the | 11 | | Department against any of them and if it appears that the | 12 | | limited liability company will be conducted in compliance with | 13 | | the law and the rules and regulations of the Department, the | 14 | | Department shall issue, upon payment of a registration fee of | 15 | | $50, a certificate of registration. | 16 | | A separate application shall be submitted for each business | 17 | | location in Illinois. If the limited liability company is using | 18 | | more than one fictitious or assumed name and has an address | 19 | | different from that of the parent company, a separate | 20 | | application shall be submitted for each fictitious or assumed | 21 | | name. | 22 | | Upon written application of the holder, the Department | 23 | | shall renew the certificate if it finds that the limited | 24 | | liability company has complied with its regulations and the | 25 | | provisions of this Act and the applicable licensing Act. This | 26 | | fee for the renewal of a certificate of registration shall be |
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| 1 | | calculated at the rate of $40 per year.
The certificate of | 2 | | registration shall be conspicuously posted upon the premises to | 3 | | which it is applicable , and the limited liability company shall | 4 | | have only those offices which are designated by street address | 5 | | in the articles of organization, or as changed by amendment of | 6 | | such articles . A certificate of registration shall not be | 7 | | assignable. | 8 | | A limited liability company registered under this Section | 9 | | may, for the purposes of dissolution, have as its managers and | 10 | | members individuals who are not licensed by the Department to | 11 | | provide professional services, provided that the limited | 12 | | liability company does not render any professional services or | 13 | | hold itself out as capable or available to render any | 14 | | professional services during the period of dissolution. The | 15 | | Department shall not issue or renew any certificate of | 16 | | registration to a limited liability company during the period | 17 | | of dissolution. A copy of the certificate of dissolution, as | 18 | | issued by the Secretary of State, shall be delivered to the | 19 | | Department within 30 days after its receipt by the managers or | 20 | | members. | 21 | | All fees , civil penalties, and fines collected under this | 22 | | Section and Section 1-29 shall be deposited into the General | 23 | | Professions Dedicated Fund.
| 24 | | (Source: P.A. 96-679, eff. 8-25-09; 96-984, eff. 1-1-11; | 25 | | 96-1000, eff. 7-2-10.) |
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| 1 | | (805 ILCS 180/1-29 new) | 2 | | Sec. 1-29. Certificate of registration; administration and | 3 | | enforcement. | 4 | | This Section applies to a limited liability company subject | 5 | | to Section 1-28 of this Act. | 6 | | No limited liability company organized under this Act may | 7 | | render professional services that require the issuance of a | 8 | | license by the Department, except through its managers, | 9 | | members, agents, or employees who are duly licensed or | 10 | | otherwise legally authorized to render such professional | 11 | | services within this State. | 12 | | Nothing contained in this Act shall be interpreted to | 13 | | abolish, repeal, modify, restrict, or limit the law in effect | 14 | | in this State on the effective date of this amendatory Act of | 15 | | the 98th General Assembly that is applicable to the | 16 | | professional relationship and liabilities between the person | 17 | | furnishing the professional services and the person receiving | 18 | | such professional services or the law that is applicable to the | 19 | | standards for professional conduct. Any manager, member, | 20 | | agent, or employee of a limited liability company shall remain | 21 | | personally and fully liable and accountable for any negligent | 22 | | or wrongful acts or misconduct committed by him or her or by | 23 | | any person under his or her direct supervision and control | 24 | | while rendering professional services on behalf of the limited | 25 | | liability company. However, a limited liability company | 26 | | subject to Section 1-28 shall have no greater liability for the |
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| 1 | | conduct of its agents than any other limited liability company | 2 | | organized under this Act. The limited liability company shall | 3 | | be liable up to the full value of its property for any | 4 | | negligence or wrongful acts or misconduct committed by any of | 5 | | its managers, members, agents, or employees while they are | 6 | | engaged in the rendering of professional services on behalf of | 7 | | the limited liability company. | 8 | | An individual's association with a limited liability | 9 | | company as a manager, member, agent, or employee, shall in no | 10 | | way modify or diminish the jurisdiction of the Department that | 11 | | licensed, certified, or registered the individual for a | 12 | | particular profession. | 13 | | All rights and obligations pertaining to communications | 14 | | made to or information received by any qualified person or the | 15 | | advice he or she gives on such communications or information, | 16 | | shall be extended to the limited liability company of which he | 17 | | or she is a manager, member, agent, or employee, and to the | 18 | | limited liability company's managers, members, agents, and | 19 | | employees. | 20 | | Any limited liability company that, on 2 occasions, issues | 21 | | or delivers a check or other order to the Department that is | 22 | | not honored by the financial institution upon which it is drawn | 23 | | because of insufficient funds on the account, shall pay to the | 24 | | Department, in addition to the amount owing upon such check or | 25 | | other order, a fee of $50. If such check or other order was | 26 | | issued or delivered in payment of a renewal fee and the limited |
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| 1 | | liability company whose certification of registration has | 2 | | lapsed continues to practice as a limited liability company | 3 | | without paying the renewal fee and the $50 fee required under | 4 | | this Section, an additional fee of $100 shall be imposed for | 5 | | practicing without a current license. The Department shall | 6 | | notify the limited liability company whose certificate of | 7 | | registration has lapsed within 30 days after the discovery by | 8 | | the Department that such limited liability company is operating | 9 | | without a current certificate of the fact that the limited | 10 | | liability company is operating without a certificate and of the | 11 | | amount due to the Department, which shall include the lapsed | 12 | | renewal fee and all other fees required by this Section. If the | 13 | | limited liability company whose certification has lapsed seeks | 14 | | a current certificate more than 30 days after the date it | 15 | | receives notification from the Department, it shall be required | 16 | | to apply to the Department for reinstatement of the certificate | 17 | | and to pay all fees due to the Department. The Department may | 18 | | establish a fee for the processing of an application for | 19 | | reinstatement of a certificate that allows the Department to | 20 | | pay all costs and expenses related to the processing of the | 21 | | application. The Director may waive the fees due under this | 22 | | Section in individual cases where he or she finds that in the | 23 | | particular case such fees would be unreasonable or | 24 | | unnecessarily burdensome. | 25 | | The Department may suspend, revoke, or otherwise | 26 | | discipline the certificate of registration for any of the |
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| 1 | | following reasons: | 2 | | (1) the revocation or suspension of the license to | 3 | | practice the profession of any officer, manager, member, | 4 | | agent, or employee not promptly removed or discharged by | 5 | | the limited liability company; | 6 | | (2) unethical professional conduct on the part of any | 7 | | officer, manager, member, agent, or employee not promptly | 8 | | removed or discharged by the limited liability company; | 9 | | (3) the death of the last remaining member; | 10 | | (4) upon finding that the holder of the certificate has | 11 | | failed to comply with the provisions of this Act or the | 12 | | regulations prescribed by the Department; or | 13 | | (5) the failure to file a return, to pay the tax, | 14 | | penalty, or interest shown in a filed return, or to pay any | 15 | | final assessment of tax, penalty, or interest, as required | 16 | | by a tax Act administered by the Illinois Department of | 17 | | Revenue, until such time as the requirements of any such | 18 | | tax Act are satisfied. | 19 | | Before any certificate of registration is suspended or | 20 | | revoked, the holder shall be given
written notice of the | 21 | | proposed action and the reasons for the proposed action and | 22 | | shall be provided a public
hearing by the Department with the | 23 | | right to produce testimony and other evidence
concerning the | 24 | | charges made. The notice shall also state the place and date of | 25 | | the hearing,
which shall be at least 10 days after service of | 26 | | the notice. |
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| 1 | | All orders of the Department denying an application for a | 2 | | certificate of registration or
suspending or revoking a | 3 | | certificate of registration or imposing a civil penalty shall | 4 | | be
subject to judicial review pursuant to the Administrative | 5 | | Review Law. | 6 | | The proceedings for judicial review shall be commenced in | 7 | | the circuit court of the county in which the party applying for | 8 | | review is located; but if the party is not currently located in | 9 | | Illinois, the venue shall be in Sangamon County. The Department | 10 | | shall not be required to certify any record to the court or | 11 | | file any answer in court or otherwise appear in any court in a | 12 | | judicial review proceeding, unless and until the Department has | 13 | | received from the plaintiff payment of the costs of furnishing | 14 | | and certifying the record, which costs shall be determined by | 15 | | the Department. Exhibits shall be certified without cost. | 16 | | Failure on the part of the plaintiff to file a receipt in court | 17 | | is grounds for dismissal of the action. | 18 | | Whenever the Department has reason to believe a limited | 19 | | liability company has opened, operated, or maintained an | 20 | | establishment for any of the purposes for which a limited | 21 | | liability company may be organized under this Act without a | 22 | | certificate of registration from the Department authorized by | 23 | | law to license individuals to engage in the profession or | 24 | | related professions, the Department may issue a notice of | 25 | | violation to the limited liability company. The notice of | 26 | | violation shall provide a period of 30 days after the date of |
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| 1 | | the notice to either file an answer to the satisfaction of the | 2 | | Department or submit an application for registration in | 3 | | compliance with this Act, including payment of the $50 | 4 | | application fee and a late fee of $100 for each year that the | 5 | | limited liability company opened, operated, or maintained an | 6 | | establishment for any of the purposes for which a limited | 7 | | liability company may be organized under this Act without | 8 | | having been issued a certificate of registration, with a | 9 | | maximum late fee of $500. If the limited liability company that | 10 | | is the subject of the notice of violation fails to respond, | 11 | | fails to respond to the satisfaction of the Department, or | 12 | | fails to submit an application for registration, the Department | 13 | | may institute disciplinary proceedings against the limited | 14 | | liability company and may impose a civil penalty up to $10,000 | 15 | | for violation of this Act after affording the limited liability | 16 | | company a hearing in conformance with the requirements of this | 17 | | Act.
| 18 | | (805 ILCS 180/5-5)
| 19 | | Sec. 5-5. Articles of organization.
| 20 | | (a) The articles of organization shall set forth all of
the | 21 | | following:
| 22 | | (1) The name of the limited liability company and
the | 23 | | address of its principal place of business which
may, but | 24 | | need not be a place of business in this State.
| 25 | | (2) The purposes for which the limited liability
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| 1 | | company is organized, which may be stated to be, or to
| 2 | | include, the transaction of any or all lawful businesses
| 3 | | for which limited liability companies may be organized
| 4 | | under this Act.
| 5 | | (3) The name of its registered agent and the
address of | 6 | | its registered office.
| 7 | | (4) If the limited liability company is to be
managed | 8 | | by a manager or managers, the names and
business
addresses | 9 | | of the initial manager or managers.
| 10 | | (5) If management of the limited liability company
is | 11 | | to be vested in the members
under Section 15-1, then the | 12 | | names and addresses of the
initial member or members.
| 13 | | (5.5) The duration of the limited liability company, | 14 | | which shall be perpetual unless otherwise stated.
| 15 | | (6) (Blank).
| 16 | | (7) The name and address of each organizer.
| 17 | | (8) Any other provision, not inconsistent with
law, | 18 | | that the members elect to set out in the articles
of | 19 | | organization for the regulation of the internal
affairs of | 20 | | the limited liability company, including any
provisions | 21 | | that, under this Act, are required or
permitted to be set | 22 | | out in the operating agreement of
the limited liability | 23 | | company.
| 24 | | (b) A limited liability company is organized at the
time | 25 | | articles of organization are filed by the Secretary of
State or | 26 | | at any later time, not more than 60 days after the
filing of |
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| 1 | | the articles of organization, specified in the
articles of | 2 | | organization.
| 3 | | (c) Articles of organization for the organization of a | 4 | | limited liability
company for the purpose of accepting and | 5 | | executing trusts shall not be filed by
the Secretary of State | 6 | | until there is delivered to him or her a statement
executed by | 7 | | the Secretary of Financial and Professional Regulation | 8 | | Commissioner of the Office of Banks and Real Estate that the
| 9 | | organizers of the limited liability company have made | 10 | | arrangements
with the Secretary of Financial and Professional | 11 | | Regulation
Commissioner of the Office of Banks and Real Estate | 12 | | to comply with the
Corporate Fiduciary Act.
| 13 | | (d) Articles of organization for the organization of a | 14 | | limited liability
company as a bank or a savings bank must be | 15 | | filed with the Department of Financial and Professional | 16 | | Regulation Commissioner of
Banks and Real Estate or,
if the | 17 | | bank or savings bank will be organized under federal law, with | 18 | | the
appropriate federal banking regulator.
| 19 | | (Source: P.A. 98-171, eff. 8-5-13.)
| 20 | | (805 ILCS 180/5-55)
| 21 | | Sec. 5-55. Filing in Office of Secretary of State.
| 22 | | (a) Whenever any provision of this Act requires a
limited | 23 | | liability company to file any document with the
Office of the | 24 | | Secretary of State, the requirement means that:
| 25 | | (1) the original document, executed as described
in |
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| 1 | | Section 5-45, and, if required by this Act to be filed in | 2 | | duplicate, one
copy (which may be a signed
carbon or | 3 | | photocopy) shall be delivered to the Office
of the | 4 | | Secretary of State;
| 5 | | (2) all fees and charges authorized by law to be
| 6 | | collected by the Secretary of State in connection with
the | 7 | | filing of the document shall be tendered to the
Secretary | 8 | | of State; and
| 9 | | (3) unless the Secretary of State finds that the
| 10 | | document does not conform to law, he or she shall,
when all | 11 | | fees have been paid:
| 12 | | (A) endorse on the original and on the copy
the | 13 | | word "Filed" and the month, day, and year of
the filing | 14 | | thereof;
| 15 | | (B) file in his or her office the original
of the | 16 | | document; and
| 17 | | (C) return the copy to the person who filed
it or | 18 | | to that person's representative.
| 19 | | (b) If another Section of this Act specifically
prescribes | 20 | | a manner of filing or signing a specified document
that differs | 21 | | from the corresponding provisions of this
Section, then the | 22 | | provisions of the other Section shall
govern.
| 23 | | (c) Whenever any provision of this Act requires a limited | 24 | | liability company
that is a bank or a savings bank to file any | 25 | | document, that requirement means
that the filing shall be made | 26 | | exclusively with the Department of Financial and Professional |
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| 1 | | Regulation Commissioner of Banks and
Real Estate or, if the | 2 | | bank or savings bank is organized under federal law,
with the | 3 | | appropriate federal banking regulator at such times and in such
| 4 | | manner as required by the Department Commissioner or federal | 5 | | regulator.
| 6 | | (Source: P.A. 92-33, eff. 7-1-01; 93-561, eff. 1-1-04.)
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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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