Full Text of SB2172 98th General Assembly
SB2172ham002 98TH GENERAL ASSEMBLY | Rep. Jack D. Franks Filed: 10/16/2013
| | 09800SB2172ham002 | | LRB098 10706 MGM 48882 a |
|
| 1 | | AMENDMENT TO SENATE BILL 2172
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2172 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 | | Upon a finding by the Department that a person has committed a | 10 | | violation of any licensing Act administered by the Department | 11 | | with regard to licenses, certificates, or authorities of | 12 | | persons exercising the respective professions, trades, or | 13 | | occupations, the Department may revoke, suspend, refuse to | 14 | | renew, place on probationary status, fine, or take any other | 15 | | disciplinary action as authorized in any licensing Act | 16 | | administered by the Department with regard to those licenses, |
| | | 09800SB2172ham002 | - 2 - | LRB098 10706 MGM 48882 a |
|
| 1 | | certificates, or authorities. When making a determination of | 2 | | the appropriate disciplinary sanction to be imposed, the | 3 | | Department shall consider only evidence contained in the | 4 | | record. For factors in aggravation, the Department shall | 5 | | consider, but is not limited to, the following: | 6 | | (1) the seriousness of the offenses; | 7 | | (2) the presence of multiple offenses; | 8 | | (3) prior disciplinary history, including actions | 9 | | taken by other agencies in this State or by other States or | 10 | | jurisdictions, hospitals, health care facilities, | 11 | | residency programs, employers, insurance providers, or any | 12 | | of the armed forces of the United States or any state; | 13 | | (4) the impact of the offenses on any injured party; | 14 | | (5) the vulnerability of any injured party, including, | 15 | | but not limited to, consideration of the injured party's | 16 | | age, disability, or mental illness; | 17 | | (6) the motive for the offenses; | 18 | | (7) the lack of contrition for the offenses; | 19 | | (8) financial gain as a result of committing the | 20 | | offenses; and | 21 | | (9) the lack of cooperation with the Department or | 22 | | other investigative authorities. | 23 | | When making a determination of the appropriate | 24 | | disciplinary sanction to be imposed, the Department shall | 25 | | consider only evidence contained in the record. For factors in | 26 | | mitigation, the Department shall consider, but is not limited |
| | | 09800SB2172ham002 | - 3 - | LRB098 10706 MGM 48882 a |
|
| 1 | | to, the following: | 2 | | (1) the lack of prior disciplinary action by the | 3 | | Department or by other agencies in this State or by other | 4 | | states or jurisdictions, hospitals, health care | 5 | | facilities, residency programs, employers, insurance | 6 | | providers, or any of the armed forces of the United States | 7 | | or any state; | 8 | | (2) contrition for the offenses; | 9 | | (3) cooperation with the Department or other | 10 | | investigative authorities; | 11 | | (4) restitution to injured parties; | 12 | | (5) whether the misconduct was self-reported; and | 13 | | (6) any voluntary remedial actions taken. | 14 | | (20 ILCS 2105/2105-135 new) | 15 | | Sec. 2105-135. Judicial review. | 16 | | (a) All final administrative decisions of the Department | 17 | | are subject to judicial review under the Administrative Review | 18 | | Law. The term "administrative decision" has the same meaning as | 19 | | in Section 3-101 of the Code of Civil Procedure. | 20 | | (b) Proceedings for judicial review shall be commenced in | 21 | | the circuit court of the county in which the party applying for | 22 | | review resides, but if the party is not a resident of Illinois, | 23 | | the venue shall be in Sangamon County. | 24 | | (c) In every action to review any final administrative | 25 | | decision, the factual findings and conclusions of the |
| | | 09800SB2172ham002 | - 4 - | LRB098 10706 MGM 48882 a |
|
| 1 | | Department are deemed prima facie true and correct. The court | 2 | | shall determine whether those findings are contrary to the | 3 | | manifest weight of the evidence. Notwithstanding any other | 4 | | provision in the Administrative Review Law or the Illinois | 5 | | Administrative Procedure Act to the contrary, judicial review | 6 | | of any sanction imposed in a final administrative decision by | 7 | | the Department for violation of any licensing Act administered | 8 | | by the Department may include consideration of sanctions | 9 | | imposed in previous disciplinary actions against other | 10 | | licensees. However, that consideration by a reviewing court may | 11 | | only be one factor in any review and shall not be dispositive | 12 | | of any appeal of the sanction imposed by the Department.
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.".
|
|