Full Text of SB0232 98th General Assembly
SB0232sam001 98TH GENERAL ASSEMBLY | Sen. William R. Haine Filed: 4/23/2014
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| 1 | | AMENDMENT TO SENATE BILL 232
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 232 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Department of Professional Regulation Law | 5 | | of the
Civil Administrative Code of Illinois is amended by | 6 | | adding Sections 2105-130 and 2105-135 as follows: | 7 | | (20 ILCS 2105/2105-130 new) | 8 | | Sec. 2105-130. Determination of disciplinary sanctions. | 9 | | (a) Upon a finding by the Department that a person has | 10 | | committed a violation of any licensing Act administered by the | 11 | | Department with regard to licenses, certificates, or | 12 | | authorities of persons exercising the respective professions, | 13 | | trades, or occupations, the Department may revoke, suspend, | 14 | | refuse to renew, place on probationary status, fine, or take | 15 | | any other disciplinary action as authorized in any licensing | 16 | | Act administered by the Department with regard to those |
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| 1 | | licenses, certificates, or authorities. When making a | 2 | | determination of the appropriate disciplinary sanction to be | 3 | | imposed, the Department shall consider only evidence contained | 4 | | in the record. The Department shall consider any aggravating or | 5 | | mitigating factors contained in the record when determining the | 6 | | appropriate disciplinary sanction to be imposed. | 7 | | (b) When making a determination of the appropriate | 8 | | disciplinary sanction to be imposed, the Department shall | 9 | | consider, but is not limited to, the following aggravating | 10 | | factors contained in the record: | 11 | | (1) the seriousness of the offenses; | 12 | | (2) the presence of multiple offenses; | 13 | | (3) prior disciplinary history, including actions | 14 | | taken by other agencies in this State or by other states or | 15 | | jurisdictions, hospitals, health care facilities, | 16 | | residency programs, employers, insurance providers, or any | 17 | | of the armed forces of the United States or any state; | 18 | | (4) the impact of the offenses on any injured party; | 19 | | (5) the vulnerability of any injured party, including, | 20 | | but not limited to, consideration of the injured party's | 21 | | age, disability, or mental illness; | 22 | | (6) the motive for the offenses; | 23 | | (7) the lack of contrition for the offenses; | 24 | | (8) financial gain as a result of committing the | 25 | | offenses; and | 26 | | (9) the lack of cooperation with the Department or |
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| 1 | | other investigative authorities. | 2 | | (c) When making a determination of the appropriate | 3 | | disciplinary sanction to be imposed, the Department shall | 4 | | consider, but is not limited to, the following mitigating | 5 | | factors contained in the record: | 6 | | (1) the lack of prior disciplinary action by the | 7 | | Department or by other agencies in this State or by other | 8 | | states or jurisdictions, hospitals, health care | 9 | | facilities, residency programs, employers, insurance | 10 | | providers, or any of the armed forces of the United States | 11 | | or any state; | 12 | | (2) contrition for the offenses; | 13 | | (3) cooperation with the Department or other | 14 | | investigative authorities; | 15 | | (4) restitution to injured parties; | 16 | | (5) whether the misconduct was self-reported; and | 17 | | (6) any voluntary remedial actions taken. | 18 | | (20 ILCS 2105/2105-135 new) | 19 | | Sec. 2105-135. Qualification for licensure or | 20 | | registration; good moral character. Good moral character shall | 21 | | be a qualification for licensure or registration under every | 22 | | licensing Act administered by the Department. Good moral | 23 | | character shall be a continuing requirement of licensure or | 24 | | registration. The practice of professions licensed or | 25 | | registered by the Department is hereby declared to affect the |
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| 1 | | public health, safety, and welfare and to be subject to | 2 | | regulation and control in the public interest. It is further | 3 | | declared to be a matter of public interest and concern that | 4 | | persons who are licensed or registered to engage in any of the | 5 | | professions licensed or registered by the Department merit and | 6 | | receive the confidence and trust of the public. The Department | 7 | | is authorized to revoke, suspend, refuse to renew, place on | 8 | | probationary status, fine, or take any other disciplinary | 9 | | action it deems warranted against any licensee or registrant | 10 | | whose conduct violates the continuing requirement of good moral | 11 | | character or significantly undermines the public's trust in a | 12 | | licensed or regulated profession. This Section shall be | 13 | | liberally construed to best carry out this purpose. ".
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