HB5973enr 99TH GENERAL ASSEMBLY

  
  
  

 


 
HB5973 EnrolledLRB099 19442 SMS 43834 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Funeral Directors and Embalmers Licensing
5Code is amended by changing Section 15-75 and by adding Section
615-72 as follows:
 
7    (225 ILCS 41/15-72 new)
8    Sec. 15-72. Applicant convictions.
9    (a) When reviewing a conviction by plea of guilty or nolo
10contendere, finding of guilt, jury verdict, or entry of
11judgment or by sentencing of an initial applicant, the
12Department may only deny a license based upon consideration of
13mitigating factors provided in subsection (c) of this Section
14for a felony directly related to the practice of funeral
15directing and embalming.
16    (b) The following crimes or similar offenses in any other
17jurisdiction are hereby deemed directly related to the practice
18of funeral directing and embalming:
19        (1) first degree murder;
20        (2) second degree murder;
21        (3) drug induced homicide;
22        (4) unlawful restraint;
23        (5) aggravated unlawful restraint;

 

 

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1        (6) forcible detention;
2        (7) involuntary servitude;
3        (8) involuntary sexual servitude of a minor;
4        (9) predatory criminal sexual assault of a child;
5        (10) aggravated criminal sexual assault;
6        (11) criminal sexual assault;
7        (12) criminal sexual abuse;
8        (13) aggravated kidnaping;
9        (14) aggravated robbery;
10        (15) armed robbery;
11        (16) kidnapping;
12        (17) aggravated battery;
13        (18) aggravated vehicular hijacking;
14        (19) terrorism;
15        (20) causing a catastrophe;
16        (21) possession of a deadly substance;
17        (22) making a terrorist threat;
18        (23) material support for terrorism;
19        (24) hindering prosecution of terrorism;
20        (25) armed violence;
21        (26) any felony based on consumer fraud or deceptive
22    business practices under the Consumer Fraud and Deceptive
23    Business Practices Act;
24        (27) any felony requiring registration as a sex
25    offender under the Sex Offender Registration Act;
26        (28) attempt of any the offenses set forth in

 

 

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1    paragraphs (1) through (27) of this subsection (b); and
2        (29) convictions set forth in Section 15-75 of this
3    Code.
4    (c) The Department shall consider any mitigating factors
5contained in the record, when determining the appropriate
6disciplinary sanction, if any, to be imposed. In addition to
7those set forth in Section 2105-130 of the Department of
8Professional Regulation Law of the Civil Administrative Code of
9Illinois, mitigating factors shall include the following:
10        (1) the bearing, if any, the criminal offense or
11    offenses for which the person was previously convicted will
12    have on his or her fitness or ability to perform one or
13    more such duties and responsibilities;
14        (2) the time that has elapsed since the criminal
15    conviction; and
16        (3) the age of the person at the time of the criminal
17    conviction.
18    (d) The Department shall issue an annual report by January
1931, 2018 and by January 31 each year thereafter, indicating the
20following:
21        (1) the number of initial applicants for a license
22    under this Code within the preceding calendar year;
23        (2) the number of initial applicants for a license
24    under this Code within the previous calendar year who had a
25    conviction;
26        (3) the number of applicants with a conviction who were

 

 

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1    granted a license under this Code within the previous year;
2        (4) the number of applicants denied a license under
3    this Code within the preceding calendar year; and
4        (5) the number of applicants denied a license under
5    this Code solely on the basis of a conviction within the
6    preceding calendar year.
7    (e) Nothing in this Section shall prevent the Department
8taking disciplinary or non-disciplinary action against a
9license as set forth in paragraph (2) of subsection (b) of
10Section 15-175 of this Code.
 
11    (225 ILCS 41/15-75)
12    (Section scheduled to be repealed on January 1, 2023)
13    Sec. 15-75. Violations; grounds for discipline; penalties.
14    (a) Each of the following acts is a Class A misdemeanor for
15the first offense, and a Class 4 felony for each subsequent
16offense. These penalties shall also apply to unlicensed owners
17of funeral homes.
18        (1) Practicing the profession of funeral directing and
19    embalming or funeral directing, or attempting to practice
20    the profession of funeral directing and embalming or
21    funeral directing without a license as a funeral director
22    and embalmer or funeral director.
23        (2) Serving or attempting to serve as an intern under a
24    licensed funeral director and embalmer without a license as
25    a licensed funeral director and embalmer intern.

 

 

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1        (3) Obtaining or attempting to obtain a license,
2    practice or business, or any other thing of value, by fraud
3    or misrepresentation.
4        (4) Permitting any person in one's employ, under one's
5    control or in or under one's service to serve as a funeral
6    director and embalmer, funeral director, or funeral
7    director and embalmer intern when the person does not have
8    the appropriate license.
9        (5) Failing to display a license as required by this
10    Code.
11        (6) Giving false information or making a false oath or
12    affidavit required by this Code.
13    (b) The Department may refuse to issue or renew, revoke,
14suspend, place on probation or administrative supervision,
15reprimand, or take other disciplinary or non-disciplinary
16action as the Department may deem appropriate, including
17imposing fines not to exceed $10,000 for each violation, with
18regard to any license under the Code for any one or combination
19of the following:
20        (1) Fraud or any misrepresentation in applying for or
21    procuring a license under this Code or in connection with
22    applying for renewal of a license under this Code.
23        (2) For licenses, conviction Conviction by plea of
24    guilty or nolo contendere, finding of guilt, jury verdict,
25    or entry of judgment or by sentencing of any crime,
26    including, but not limited to, convictions, preceding

 

 

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1    sentences of supervision, conditional discharge, or first
2    offender probation, under the laws of any jurisdiction of
3    the United States: (i) that is a felony or (ii) that is a
4    misdemeanor, an essential element of which is dishonesty,
5    or that is directly related to the practice of the
6    profession and, for initial applicants, convictions set
7    forth in Section 15-72 of this Act.
8        (3) Violation of the laws of this State relating to the
9    funeral, burial or disposition of deceased human bodies or
10    of the rules and regulations of the Department, or the
11    Department of Public Health.
12        (4) Directly or indirectly paying or causing to be paid
13    any sum of money or other valuable consideration for the
14    securing of business or for obtaining authority to dispose
15    of any deceased human body.
16        (5) Professional incompetence, gross negligence,
17    malpractice, or untrustworthiness in the practice of
18    funeral directing and embalming or funeral directing.
19        (6) (Blank).
20        (7) Engaging in, promoting, selling, or issuing burial
21    contracts, burial certificates, or burial insurance
22    policies in connection with the profession as a funeral
23    director and embalmer, funeral director, or funeral
24    director and embalmer intern in violation of any laws of
25    the State of Illinois.
26        (8) Refusing, without cause, to surrender the custody

 

 

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1    of a deceased human body upon the proper request of the
2    person or persons lawfully entitled to the custody of the
3    body.
4        (9) Taking undue advantage of a client or clients as to
5    amount to the perpetration of fraud.
6        (10) Engaging in funeral directing and embalming or
7    funeral directing without a license.
8        (11) Encouraging, requesting, or suggesting by a
9    licensee or some person working on his behalf and with his
10    consent for compensation that a person utilize the services
11    of a certain funeral director and embalmer, funeral
12    director, or funeral establishment unless that information
13    has been expressly requested by the person. This does not
14    prohibit general advertising or pre-need solicitation.
15        (12) Making or causing to be made any false or
16    misleading statements about the laws concerning the
17    disposition of human remains, including, but not limited
18    to, the need to embalm, the need for a casket for cremation
19    or the need for an outer burial container.
20        (13) (Blank).
21        (14) Embalming or attempting to embalm a deceased human
22    body without express prior authorization of the person
23    responsible for making the funeral arrangements for the
24    body. This does not apply to cases where embalming is
25    directed by local authorities who have jurisdiction or when
26    embalming is required by State or local law. A licensee may

 

 

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1    embalm without express prior authorization if a good faith
2    effort has been made to contact family members and has been
3    unsuccessful and the licensee has no reason to believe the
4    family opposes embalming.
5        (15) Making a false statement on a Certificate of Death
6    where the person making the statement knew or should have
7    known that the statement was false.
8        (16) Soliciting human bodies after death or while death
9    is imminent.
10        (17) Performing any act or practice that is a violation
11    of this Code, the rules for the administration of this
12    Code, or any federal, State or local laws, rules, or
13    regulations governing the practice of funeral directing or
14    embalming.
15        (18) Performing any act or practice that is a violation
16    of Section 2 of the Consumer Fraud and Deceptive Business
17    Practices Act.
18        (19) Engaging in dishonorable, unethical, or
19    unprofessional conduct of a character likely to deceive,
20    defraud or harm the public.
21        (20) Taking possession of a dead human body without
22    having first obtained express permission from the person
23    holding the right to control the disposition in accordance
24    with Section 5 of the Disposition of Remains Act or a
25    public agency legally authorized to direct, control or
26    permit the removal of deceased human bodies.

 

 

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1        (21) Advertising in a false or misleading manner or
2    advertising using the name of an unlicensed person in
3    connection with any service being rendered in the practice
4    of funeral directing or funeral directing and embalming.
5    The use of any name of an unlicensed or unregistered person
6    in an advertisement so as to imply that the person will
7    perform services is considered misleading advertising.
8    Nothing in this paragraph shall prevent including the name
9    of any owner, officer or corporate director of a funeral
10    home, who is not a licensee, in any advertisement used by a
11    funeral home with which the individual is affiliated, if
12    the advertisement specifies the individual's affiliation
13    with the funeral home.
14        (22) Charging for professional services not rendered,
15    including filing false statements for the collection of
16    fees for which services are not rendered.
17        (23) Failing to account for or remit any monies,
18    documents, or personal property that belongs to others that
19    comes into a licensee's possession.
20        (24) Treating any person differently to his detriment
21    because of race, color, creed, gender, religion, or
22    national origin.
23        (25) Knowingly making any false statements, oral or
24    otherwise, of a character likely to influence, persuade or
25    induce others in the course of performing professional
26    services or activities.

 

 

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1        (26) Willfully making or filing false records or
2    reports in the practice of funeral directing and embalming,
3    including, but not limited to, false records filed with
4    State agencies or departments.
5        (27) Failing to acquire continuing education required
6    under this Code.
7        (28) (Blank).
8        (29) Aiding or assisting another person in violating
9    any provision of this Code or rules adopted pursuant to
10    this Code.
11        (30) Failing within 10 days, to provide information in
12    response to a written request made by the Department.
13        (31) Discipline by another state, District of
14    Columbia, territory, foreign nation, or governmental
15    agency, if at least one of the grounds for the discipline
16    is the same or substantially equivalent to those set forth
17    in this Section.
18        (32) (Blank).
19        (33) Mental illness or disability which results in the
20    inability to practice the profession with reasonable
21    judgment, skill, or safety.
22        (34) Gross, willful, or continued overcharging for
23    professional services, including filing false statements
24    for collection of fees for which services are not rendered.
25        (35) Physical illness, including, but not limited to,
26    deterioration through the aging process or loss of motor

 

 

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1    skill which results in a licensee's inability to practice
2    under this Code with reasonable judgment, skill, or safety.
3        (36) Failing to comply with any of the following
4    required activities:
5            (A) When reasonably possible, a funeral director
6        licensee or funeral director and embalmer licensee or
7        anyone acting on his or her behalf shall obtain the
8        express authorization of the person or persons
9        responsible for making the funeral arrangements for a
10        deceased human body prior to removing a body from the
11        place of death or any place it may be or embalming or
12        attempting to embalm a deceased human body, unless
13        required by State or local law. This requirement is
14        waived whenever removal or embalming is directed by
15        local authorities who have jurisdiction. If the
16        responsibility for the handling of the remains
17        lawfully falls under the jurisdiction of a public
18        agency, then the regulations of the public agency shall
19        prevail.
20            (B) A licensee shall clearly mark the price of any
21        casket offered for sale or the price of any service
22        using the casket on or in the casket if the casket is
23        displayed at the funeral establishment. If the casket
24        is displayed at any other location, regardless of
25        whether the licensee is in control of that location,
26        the casket shall be clearly marked and the registrant

 

 

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1        shall use books, catalogues, brochures, or other
2        printed display aids to show the price of each casket
3        or service.
4            (C) At the time funeral arrangements are made and
5        prior to rendering the funeral services, a licensee
6        shall furnish a written statement of services to be
7        retained by the person or persons making the funeral
8        arrangements, signed by both parties, that shall
9        contain: (i) the name, address and telephone number of
10        the funeral establishment and the date on which the
11        arrangements were made; (ii) the price of the service
12        selected and the services and merchandise included for
13        that price; (iii) a clear disclosure that the person or
14        persons making the arrangement may decline and receive
15        credit for any service or merchandise not desired and
16        not required by law or the funeral director or the
17        funeral director and embalmer; (iv) the supplemental
18        items of service and merchandise requested and the
19        price of each item; (v) the terms or method of payment
20        agreed upon; and (vi) a statement as to any monetary
21        advances made by the registrant on behalf of the
22        family. The licensee shall maintain a copy of the
23        written statement of services in its permanent
24        records. All written statements of services are
25        subject to inspection by the Department.
26            (D) In all instances where the place of final

 

 

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1        disposition of a deceased human body or the cremated
2        remains of a deceased human body is a cemetery, the
3        licensed funeral director and embalmer, or licensed
4        funeral director, who has been engaged to provide
5        funeral or embalming services shall remain at the
6        cemetery and personally witness the placement of the
7        human remains in their designated grave or the sealing
8        of the above ground depository, crypt, or urn. The
9        licensed funeral director or licensed funeral director
10        and embalmer may designate a licensed funeral director
11        and embalmer intern or representative of the funeral
12        home to be his or her witness to the placement of the
13        remains. If the cemetery authority, cemetery manager,
14        or any other agent of the cemetery takes any action
15        that prevents compliance with this paragraph (D), then
16        the funeral director and embalmer or funeral director
17        shall provide written notice to the Department within 5
18        business days after failing to comply. If the
19        Department receives this notice, then the Department
20        shall not take any disciplinary action against the
21        funeral director and embalmer or funeral director for a
22        violation of this paragraph (D) unless the Department
23        finds that the cemetery authority, manager, or any
24        other agent of the cemetery did not prevent the funeral
25        director and embalmer or funeral director from
26        complying with this paragraph (D) as claimed in the

 

 

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1        written notice.
2            (E) A funeral director or funeral director and
3        embalmer shall fully complete the portion of the
4        Certificate of Death under the responsibility of the
5        funeral director or funeral director and embalmer and
6        provide all required information. In the event that any
7        reported information subsequently changes or proves
8        incorrect, a funeral director or funeral director and
9        embalmer shall immediately upon learning the correct
10        information correct the Certificate of Death.
11        (37) A finding by the Department that the license,
12    after having his or her license placed on probationary
13    status or subjected to conditions or restrictions,
14    violated the terms of the probation or failed to comply
15    with such terms or conditions.
16        (38) (Blank).
17        (39) Being named as a perpetrator in an indicated
18    report by the Department of Children and Family Services
19    pursuant to the Abused and Neglected Child Reporting Act
20    and, upon proof by clear and convincing evidence, being
21    found to have caused a child to be an abused child or
22    neglected child as defined in the Abused and Neglected
23    Child Reporting Act.
24        (40) Habitual or excessive use or abuse of drugs
25    defined in law as controlled substances, alcohol, or any
26    other substance which results in the inability to practice

 

 

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1    with reasonable judgment, skill, or safety.
2        (41) Practicing under a false or, except as provided by
3    law, an assumed name.
4        (42) Cheating on or attempting to subvert the licensing
5    examination administered under this Code.
6    (c) The Department may refuse to issue or renew or may
7suspend without a hearing, as provided for in the Department of
8Professional Regulation Law of the Civil Administrative Code of
9Illinois, the license of any person who fails to file a return,
10to pay the tax, penalty or interest shown in a filed return, or
11to pay any final assessment of tax, penalty or interest as
12required by any tax Act administered by the Illinois Department
13of Revenue, until the time as the requirements of the tax Act
14are satisfied in accordance with subsection (g) of Section
152105-15 of the Department of Professional Regulation Law of the
16Civil Administrative Code of Illinois.
17    (d) No action may be taken under this Code against a person
18licensed under this Code unless the action is commenced within
195 years after the occurrence of the alleged violations. A
20continuing violation shall be deemed to have occurred on the
21date when the circumstances last existed that give rise to the
22alleged violation.
23    (e) Nothing in this Section shall be construed or enforced
24to give a funeral director and embalmer, or his or her
25designees, authority over the operation of a cemetery or over
26cemetery employees. Nothing in this Section shall be construed

 

 

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1or enforced to impose duties or penalties on cemeteries with
2respect to the timing of the placement of human remains in
3their designated grave or the sealing of the above ground
4depository, crypt, or urn due to patron safety, the allocation
5of cemetery staffing, liability insurance, a collective
6bargaining agreement, or other such reasons.
7    (f) All fines imposed under this Section shall be paid 60
8days after the effective date of the order imposing the fine.
9    (g) The Department shall deny a license or renewal
10authorized by this Code to a person who has defaulted on an
11educational loan or scholarship provided or guaranteed by the
12Illinois Student Assistance Commission or any governmental
13agency of this State in accordance with item (5) of subsection
14(a) of Section 2105-15 of the Department of Professional
15Regulation Law of the Civil Administrative Code of Illinois.
16    (h) In cases where the Department of Healthcare and Family
17Services has previously determined a licensee or a potential
18licensee is more than 30 days delinquent in the payment of
19child support and has subsequently certified the delinquency to
20the Department, the Department may refuse to issue or renew or
21may revoke or suspend that person's license or may take other
22disciplinary action against that person based solely upon the
23certification of delinquency made by the Department of
24Healthcare and Family Services in accordance with item (5) of
25subsection (a) of Section 2105-15 of the Department of
26Professional Regulation Law of the Civil Administrative Code of

 

 

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1Illinois.
2    (i) A person not licensed under this Code who is an owner
3of a funeral establishment or funeral business shall not aid,
4abet, assist, procure, advise, employ, or contract with any
5unlicensed person to offer funeral services or aid, abet,
6assist, or direct any licensed person contrary to or in
7violation of any rules or provisions of this Code. A person
8violating this subsection shall be treated as a licensee for
9the purposes of disciplinary action under this Section and
10shall be subject to cease and desist orders as provided in this
11Code, the imposition of a fine up to $10,000 for each violation
12and any other penalty provided by law.
13    (j) The determination by a circuit court that a licensee is
14subject to involuntary admission or judicial admission as
15provided in the Mental Health and Developmental Disabilities
16Code, as amended, operates as an automatic suspension. The
17suspension may end only upon a finding by a court that the
18licensee is no longer subject to the involuntary admission or
19judicial admission and issues an order so finding and
20discharging the licensee, and upon the recommendation of the
21Board to the Secretary that the licensee be allowed to resume
22his or her practice.
23    (k) In enforcing this Code, the Department, upon a showing
24of a possible violation, may compel an individual licensed to
25practice under this Code, or who has applied for licensure
26under this Code, to submit to a mental or physical examination,

 

 

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1or both, as required by and at the expense of the Department.
2The Department may order the examining physician to present
3testimony concerning the mental or physical examination of the
4licensee or applicant. No information shall be excluded by
5reason of any common law or statutory privilege relating to
6communications between the licensee or applicant and the
7examining physician. The examining physician shall be
8specifically designated by the Department. The individual to be
9examined may have, at his or her own expense, another physician
10of his or her choice present during all aspects of this
11examination. The examination shall be performed by a physician
12licensed to practice medicine in all its branches. Failure of
13an individual to submit to a mental or physical examination,
14when directed, shall result in an automatic suspension without
15hearing.
16    A person holding a license under this Code or who has
17applied for a license under this Code who, because of a
18physical or mental illness or disability, including, but not
19limited to, deterioration through the aging process or loss of
20motor skill, is unable to practice the profession with
21reasonable judgment, skill, or safety, may be required by the
22Department to submit to care, counseling, or treatment by
23physicians approved or designated by the Department as a
24condition, term, or restriction for continued, reinstated, or
25renewed licensure to practice. Submission to care, counseling,
26or treatment as required by the Department shall not be

 

 

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1considered discipline of a license. If the licensee refuses to
2enter into a care, counseling, or treatment agreement or fails
3to abide by the terms of the agreement, the Department may file
4a complaint to revoke, suspend, or otherwise discipline the
5license of the individual. The Secretary may order the license
6suspended immediately, pending a hearing by the Department.
7Fines shall not be assessed in disciplinary actions involving
8physical or mental illness or impairment.
9    In instances in which the Secretary immediately suspends a
10person's license under this Section, a hearing on that person's
11license must be convened by the Department within 15 days after
12the suspension and completed without appreciable delay. The
13Department shall have the authority to review the subject
14individual's record of treatment and counseling regarding the
15impairment to the extent permitted by applicable federal
16statutes and regulations safeguarding the confidentiality of
17medical records.
18    An individual licensed under this Code and affected under
19this Section shall be afforded an opportunity to demonstrate to
20the Department that he or she can resume practice in compliance
21with acceptable and prevailing standards under the provisions
22of his or her license.
23(Source: P.A. 97-1130, eff. 8-28-12; 98-756, eff. 7-16-14.)
 
24    Section 10. The Illinois Roofing Industry Licensing Act is
25amended by changing Section 9.1 and by adding Section 7.1 as

 

 

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1follows:
 
2    (225 ILCS 335/7.1 new)
3    Sec. 7.1. Applicant convictions.
4    (a) When reviewing a conviction by plea of guilty or nolo
5contendere, finding of guilt, jury verdict, or entry of
6judgment or by sentencing of an initial applicant, the
7Department may only deny a license based upon consideration of
8mitigating factors provided in subsection (c) of this Section
9for a felony directly related to the practice of roofing
10contracting.
11    (b) The following crimes or similar offenses in any other
12jurisdiction are hereby deemed directly related to the practice
13of roofing contracting:
14        (1) first degree murder;
15        (2) second degree murder;
16        (3) drug induced homicide;
17        (4) unlawful restraint;
18        (5) aggravated unlawful restraint;
19        (6) forcible detention;
20        (7) involuntary servitude;
21        (8) involuntary sexual servitude of a minor;
22        (9) predatory criminal sexual assault of a child;
23        (10) aggravated criminal sexual assault;
24        (11) criminal sexual assault;
25        (12) criminal sexual abuse;

 

 

HB5973 Enrolled- 21 -LRB099 19442 SMS 43834 b

1        (13) aggravated kidnaping;
2        (14) aggravated robbery;
3        (15) armed robbery;
4        (16) kidnapping;
5        (17) aggravated battery;
6        (18) aggravated vehicular hijacking;
7        (19) home invasion;
8        (20) terrorism;
9        (21) causing a catastrophe;
10        (22) possession of a deadly substance;
11        (23) making a terrorist threat;
12        (24) material support for terrorism;
13        (25) hindering prosecution of terrorism;
14        (26) armed violence;
15        (27) any felony based on consumer fraud or deceptive
16    business practices under the Consumer Fraud and Deceptive
17    Business Practices Act;
18        (28) any felony requiring registration as a sex
19    offender under the Sex Offender Registration Act;
20        (29) attempt of any the offenses set forth in
21    paragraphs (1) through (28) of this subsection (b); and
22        (30) convictions set forth in subsection (e) of Section
23    5 or Section 9.8 of this Act.
24    (c) The Department shall consider any mitigating factors
25contained in the record, when determining the appropriate
26disciplinary sanction, if any, to be imposed. In addition to

 

 

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1those set forth in Section 2105-130 of the Department of
2Professional Regulation Law of the Civil Administrative Code of
3Illinois, mitigating factors shall include the following:
4        (1) the bearing, if any, the criminal offense or
5    offenses for which the person was previously convicted will
6    have on his or her fitness or ability to perform one or
7    more such duties and responsibilities;
8        (2) the time that has elapsed since the criminal
9    conviction; and
10        (3) the age of the person at the time of the criminal
11    conviction.
12    (d) The Department shall issue an annual report by January
1331, 2018 and by January 31 each year thereafter, indicating the
14following:
15        (1) the number of initial applicants for a license
16    under this Act within the preceding calendar year;
17        (2) the number of initial applicants for a license
18    under this Act within the previous calendar year who had a
19    conviction;
20        (3) the number of applicants with a conviction who were
21    granted a license under this Act within the previous year;
22        (4) the number of applicants denied a license under
23    this Act within the preceding calendar year; and
24        (5) the number of applicants denied a license under
25    this Act solely on the basis of a conviction within the
26    preceding calendar year.

 

 

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1    (e) Nothing in this Section shall prevent the Department
2taking disciplinary or non-disciplinary action against a
3license as set forth in Section 9.1 of this Act.
 
4    (225 ILCS 335/9.1)  (from Ch. 111, par. 7509.1)
5    (Section scheduled to be repealed on January 1, 2026)
6    Sec. 9.1. Grounds for disciplinary action.
7    (1) The Department may refuse to issue or to renew, or may
8revoke, suspend, place on probation, reprimand or take other
9disciplinary or non-disciplinary action as the Department may
10deem proper, including fines not to exceed $10,000 for each
11violation, with regard to any license for any one or
12combination of the following:
13        (a) violation of this Act or its rules;
14        (b) for licensees, conviction or plea of guilty or nolo
15    contendere, finding of guilt, jury verdict, or entry of
16    judgment or sentencing of any crime, including, but not
17    limited to, convictions, preceding sentences of
18    supervision, conditional discharge, or first offender
19    probation, under the laws of any jurisdiction of the United
20    States that is (i) a felony or (ii) a misdemeanor, an
21    essential element of which is dishonesty or that is
22    directly related to the practice of the profession and, for
23    initial applicants, convictions set forth in Section 7.1 of
24    this Act;
25        (c) fraud or any misrepresentation in applying for or

 

 

HB5973 Enrolled- 24 -LRB099 19442 SMS 43834 b

1    procuring a license under this Act, or in connection with
2    applying for renewal of a license under this Act;
3        (d) professional incompetence or gross negligence in
4    the practice of roofing contracting, prima facie evidence
5    of which may be a conviction or judgment in any court of
6    competent jurisdiction against an applicant or licensee
7    relating to the practice of roofing contracting or the
8    construction of a roof or repair thereof that results in
9    leakage within 90 days after the completion of such work;
10        (e) (blank);
11        (f) aiding or assisting another person in violating any
12    provision of this Act or rules;
13        (g) failing, within 60 days, to provide information in
14    response to a written request made by the Department;
15        (h) engaging in dishonorable, unethical, or
16    unprofessional conduct of a character likely to deceive,
17    defraud, or harm the public;
18        (i) habitual or excessive use or abuse of controlled
19    substances, as defined by the Illinois Controlled
20    Substances Act, alcohol, or any other substance that
21    results in the inability to practice with reasonable
22    judgment, skill, or safety;
23        (j) discipline by another state, unit of government, or
24    government agency, the District of Columbia, a territory,
25    or a foreign nation, if at least one of the grounds for the
26    discipline is the same or substantially equivalent to those

 

 

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1    set forth in this Section;
2        (k) directly or indirectly giving to or receiving from
3    any person, firm, corporation, partnership, or association
4    any fee, commission, rebate, or other form of compensation
5    for any professional services not actually or personally
6    rendered;
7        (l) a finding by the Department that the licensee,
8    after having his or her license disciplined, has violated
9    the terms of the discipline;
10        (m) a finding by any court of competent jurisdiction,
11    either within or without this State, of any violation of
12    any law governing the practice of roofing contracting, if
13    the Department determines, after investigation, that such
14    person has not been sufficiently rehabilitated to warrant
15    the public trust;
16        (n) willfully making or filing false records or reports
17    in the practice of roofing contracting, including, but not
18    limited to, false records filed with the State agencies or
19    departments;
20        (o) practicing, attempting to practice, or advertising
21    under a name other than the full name as shown on the
22    license or any other legally authorized name;
23        (p) gross and willful overcharging for professional
24    services including filing false statements for collection
25    of fees or monies for which services are not rendered;
26        (q) (blank);

 

 

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1        (r) (blank);
2        (s) failure to continue to meet the requirements of
3    this Act shall be deemed a violation;
4        (t) physical or mental disability, including
5    deterioration through the aging process or loss of
6    abilities and skills that result in an inability to
7    practice the profession with reasonable judgment, skill,
8    or safety;
9        (u) material misstatement in furnishing information to
10    the Department or to any other State agency;
11        (v) (blank);
12        (w) advertising in any manner that is false,
13    misleading, or deceptive;
14        (x) taking undue advantage of a customer, which results
15    in the perpetration of a fraud;
16        (y) performing any act or practice that is a violation
17    of the Consumer Fraud and Deceptive Business Practices Act;
18        (z) engaging in the practice of roofing contracting, as
19    defined in this Act, with a suspended, revoked, or
20    cancelled license;
21        (aa) treating any person differently to the person's
22    detriment because of race, color, creed, gender, age,
23    religion, or national origin;
24        (bb) knowingly making any false statement, oral,
25    written, or otherwise, of a character likely to influence,
26    persuade, or induce others in the course of obtaining or

 

 

HB5973 Enrolled- 27 -LRB099 19442 SMS 43834 b

1    performing roofing contracting services;
2        (cc) violation of any final administrative action of
3    the Secretary;
4        (dd) allowing the use of his or her roofing license by
5    an unlicensed roofing contractor for the purposes of
6    providing roofing or waterproofing services; or
7        (ee) (blank);
8        (ff) cheating or attempting to subvert a licensing
9    examination administered under this Act; or
10        (gg) use of a license to permit or enable an unlicensed
11    person to provide roofing contractor services.
12    (2) The determination by a circuit court that a license
13holder is subject to involuntary admission or judicial
14admission, as provided in the Mental Health and Developmental
15Disabilities Code, operates as an automatic suspension. Such
16suspension will end only upon a finding by a court that the
17patient is no longer subject to involuntary admission or
18judicial admission, an order by the court so finding and
19discharging the patient, and the recommendation of the Board to
20the Director that the license holder be allowed to resume his
21or her practice.
22    (3) The Department may refuse to issue or take disciplinary
23action concerning the license of any person who fails to file a
24return, to pay the tax, penalty, or interest shown in a filed
25return, or to pay any final assessment of tax, penalty, or
26interest as required by any tax Act administered by the

 

 

HB5973 Enrolled- 28 -LRB099 19442 SMS 43834 b

1Department of Revenue, until such time as the requirements of
2any such tax Act are satisfied as determined by the Department
3of Revenue.
4    (4) In enforcing this Section, the Department, upon a
5showing of a possible violation, may compel any individual who
6is licensed under this Act or any individual who has applied
7for licensure to submit to a mental or physical examination or
8evaluation, or both, which may include a substance abuse or
9sexual offender evaluation, at the expense of the Department.
10The Department shall specifically designate the examining
11physician licensed to practice medicine in all of its branches
12or, if applicable, the multidisciplinary team involved in
13providing the mental or physical examination and evaluation.
14The multidisciplinary team shall be led by a physician licensed
15to practice medicine in all of its branches and may consist of
16one or more or a combination of physicians licensed to practice
17medicine in all of its branches, licensed chiropractic
18physicians, licensed clinical psychologists, licensed clinical
19social workers, licensed clinical professional counselors, and
20other professional and administrative staff. Any examining
21physician or member of the multidisciplinary team may require
22any person ordered to submit to an examination and evaluation
23pursuant to this Section to submit to any additional
24supplemental testing deemed necessary to complete any
25examination or evaluation process, including, but not limited
26to, blood testing, urinalysis, psychological testing, or

 

 

HB5973 Enrolled- 29 -LRB099 19442 SMS 43834 b

1neuropsychological testing.
2    (5) The Department may order the examining physician or any
3member of the multidisciplinary team to provide to the
4Department any and all records, including business records,
5that relate to the examination and evaluation, including any
6supplemental testing performed. The Department may order the
7examining physician or any member of the multidisciplinary team
8to present testimony concerning this examination and
9evaluation of the licensee or applicant, including testimony
10concerning any supplemental testing or documents relating to
11the examination and evaluation. No information, report,
12record, or other documents in any way related to the
13examination and evaluation shall be excluded by reason of any
14common law or statutory privilege relating to communication
15between the licensee or applicant and the examining physician
16or any member of the multidisciplinary team. No authorization
17is necessary from the licensee or applicant ordered to undergo
18an evaluation and examination for the examining physician or
19any member of the multidisciplinary team to provide
20information, reports, records, or other documents or to provide
21any testimony regarding the examination and evaluation. The
22individual to be examined may have, at his or her own expense,
23another physician of his or her choice present during all
24aspects of the examination.
25    (6) Failure of any individual to submit to mental or
26physical examination or evaluation, or both, when directed,

 

 

HB5973 Enrolled- 30 -LRB099 19442 SMS 43834 b

1shall result in an automatic suspension without hearing until
2such time as the individual submits to the examination. If the
3Department finds a licensee unable to practice because of the
4reasons set forth in this Section, the Department shall require
5the licensee to submit to care, counseling, or treatment by
6physicians approved or designated by the Department as a
7condition for continued, reinstated, or renewed licensure.
8    (7) When the Secretary immediately suspends a license under
9this Section, a hearing upon such person's license must be
10convened by the Department within 15 days after the suspension
11and completed without appreciable delay. The Department shall
12have the authority to review the licensee's record of treatment
13and counseling regarding the impairment to the extent permitted
14by applicable federal statutes and regulations safeguarding
15the confidentiality of medical records.
16    (8) Licensees affected under this Section shall be afforded
17an opportunity to demonstrate to the Department that they can
18resume practice in compliance with acceptable and prevailing
19standards under the provisions of their license.
20    (9) The Department shall deny a license or renewal
21authorized by this Act to a person who has defaulted on an
22educational loan or scholarship provided or guaranteed by the
23Illinois Student Assistance Commission or any governmental
24agency of this State in accordance with paragraph (5) of
25subsection (a) of Section 2105-15 of the Department of
26Professional Regulation Law of the Civil Administrative Code of

 

 

HB5973 Enrolled- 31 -LRB099 19442 SMS 43834 b

1Illinois.
2    (10) In cases where the Department of Healthcare and Family
3Services has previously determined a licensee or a potential
4licensee is more than 30 days delinquent in the payment of
5child support and has subsequently certified the delinquency to
6the Department, the Department may refuse to issue or renew or
7may revoke or suspend that person's license or may take other
8disciplinary action against that person based solely upon the
9certification of delinquency made by the Department of
10Healthcare and Family Services in accordance with paragraph (5)
11of subsection (a) of Section 2105-15 of the Department of
12Professional Regulation Law of the Civil Administrative Code of
13Illinois.
14    The changes to this Act made by this amendatory Act of 1997
15apply only to disciplinary actions relating to events occurring
16after the effective date of this amendatory Act of 1997.
17(Source: P.A. 99-469, eff. 8-26-15.)
 
18    Section 15. The Barber, Cosmetology, Esthetics, Hair
19Braiding, and Nail Technology Act of 1985 is amended by
20changing Section 4-7 and by adding Section 4-6.1 as follows:
 
21    (225 ILCS 410/4-6.1 new)
22    Sec. 4-6.1. Applicant convictions.
23    (a) When reviewing a conviction by plea of guilty or nolo
24contendere, finding of guilt, jury verdict, or entry of

 

 

HB5973 Enrolled- 32 -LRB099 19442 SMS 43834 b

1judgment or by sentencing of an initial applicant, the
2Department may only deny a license based upon consideration of
3mitigating factors provided in subsection (c) of this Section
4for a felony directly related to the practice of cosmetology,
5esthetics, hair braiding, nail technology, and barbering.
6    (b) The following crimes or similar offenses in any other
7jurisdiction are hereby deemed directly related to the practice
8of cosmetology, esthetics, hair braiding, nail technology, and
9barbering:
10        (1) first degree murder;
11        (2) second degree murder;
12        (3) drug induced homicide;
13        (4) unlawful restraint;
14        (5) aggravated unlawful restraint;
15        (6) forcible detention;
16        (7) involuntary servitude;
17        (8) involuntary sexual servitude of a minor;
18        (9) predatory criminal sexual assault of a child;
19        (10) aggravated criminal sexual assault;
20        (11) criminal sexual assault;
21        (12) criminal sexual abuse;
22        (13) aggravated kidnaping;
23        (14) aggravated robbery;
24        (15) armed robbery;
25        (16) kidnapping;
26        (17) aggravated battery;

 

 

HB5973 Enrolled- 33 -LRB099 19442 SMS 43834 b

1        (18) aggravated vehicular hijacking;
2        (19) terrorism;
3        (20) causing a catastrophe;
4        (21) possession of a deadly substance;
5        (22) making a terrorist threat;
6        (23) material support for terrorism;
7        (24) hindering prosecution of terrorism;
8        (25) armed violence;
9        (26) any felony based on consumer fraud or deceptive
10    business practices under the Consumer Fraud and Deceptive
11    Business Practices Act;
12        (27) any felony requiring registration as a sex
13    offender under the Sex Offender Registration Act;
14        (28) attempt of any the offenses set forth in
15    paragraphs (1) through (27) of this subsection (b); and
16        (29) convictions set forth in Section 4-20 of this Act.
17    (c) The Department shall consider any mitigating factors
18contained in the record, when determining the appropriate
19disciplinary sanction, if any, to be imposed. In addition to
20those set forth in Section 2105-130 of the Department of
21Professional Regulation Law of the Civil Administrative Code of
22Illinois, mitigating factors shall include the following:
23        (1) the bearing, if any, the criminal offense or
24    offenses for which the person was previously convicted will
25    have on his or her fitness or ability to perform one or
26    more such duties and responsibilities;

 

 

HB5973 Enrolled- 34 -LRB099 19442 SMS 43834 b

1        (2) the time that has elapsed since the criminal
2    conviction; and
3        (3) the age of the person at the time of the criminal
4    conviction.
5    (d) The Department shall issue an annual report by January
631, 2018 and by January 31 each year thereafter, indicating the
7following:
8        (1) the number of initial applicants for a license
9    under this Act within the preceding calendar year;
10        (2) the number of initial applicants for a license
11    under this Act within the previous calendar year who had a
12    conviction;
13        (3) the number of applicants with a conviction who were
14    granted a license under this Act within the previous year;
15        (4) the number of applicants denied a license under
16    this Act within the preceding calendar year; and
17        (5) the number of applicants denied a license under
18    this Act solely on the basis of a conviction within the
19    preceding calendar year.
20    (e) Nothing in this Section shall prevent the Department
21taking disciplinary or non-disciplinary action against a
22license as set forth in paragraph (2) of subsection (1) of
23Section 4-7 of this Act.
 
24    (225 ILCS 410/4-7)  (from Ch. 111, par. 1704-7)
25    (Section scheduled to be repealed on January 1, 2026)

 

 

HB5973 Enrolled- 35 -LRB099 19442 SMS 43834 b

1    Sec. 4-7. Refusal, suspension and revocation of licenses;
2causes; disciplinary action.
3    (1) The Department may refuse to issue or renew, and may
4suspend, revoke, place on probation, reprimand or take any
5other disciplinary or non-disciplinary action as the
6Department may deem proper, including civil penalties not to
7exceed $500 for each violation, with regard to any license for
8any one, or any combination, of the following causes:
9        a. For licensees, conviction Conviction of any crime
10    under the laws of the United States or any state or
11    territory thereof that is (i) a felony, (ii) a misdemeanor,
12    an essential element of which is dishonesty, or (iii) a
13    crime which is related to the practice of the profession
14    and, for initial applicants, convictions set forth in
15    Section 4-6.1 of this Act.
16        b. Conviction of any of the violations listed in
17    Section 4-20.
18        c. Material misstatement in furnishing information to
19    the Department.
20        d. Making any misrepresentation for the purpose of
21    obtaining a license or violating any provision of this Act
22    or its rules.
23        e. Aiding or assisting another person in violating any
24    provision of this Act or its rules.
25        f. Failing, within 60 days, to provide information in
26    response to a written request made by the Department.

 

 

HB5973 Enrolled- 36 -LRB099 19442 SMS 43834 b

1        g. Discipline by another state, territory, or country
2    if at least one of the grounds for the discipline is the
3    same as or substantially equivalent to those set forth in
4    this Act.
5        h. Practice in the barber, nail technology, esthetics,
6    hair braiding, or cosmetology profession, or an attempt to
7    practice in those professions, by fraudulent
8    misrepresentation.
9        i. Gross malpractice or gross incompetency.
10        j. Continued practice by a person knowingly having an
11    infectious or contagious disease.
12        k. Solicitation of professional services by using
13    false or misleading advertising.
14        l. A finding by the Department that the licensee, after
15    having his or her license placed on probationary status,
16    has violated the terms of probation.
17        m. Directly or indirectly giving to or receiving from
18    any person, firm, corporation, partnership or association
19    any fee, commission, rebate, or other form of compensation
20    for any professional services not actually or personally
21    rendered.
22        n. Violating any of the provisions of this Act or rules
23    adopted pursuant to this Act.
24        o. Willfully making or filing false records or reports
25    relating to a licensee's practice, including but not
26    limited to, false records filed with State agencies or

 

 

HB5973 Enrolled- 37 -LRB099 19442 SMS 43834 b

1    departments.
2        p. Habitual or excessive use or addiction to alcohol,
3    narcotics, stimulants, or any other chemical agent or drug
4    that results in the inability to practice with reasonable
5    judgment, skill or safety.
6        q. Engaging in dishonorable, unethical or
7    unprofessional conduct of a character likely to deceive,
8    defraud, or harm the public as may be defined by rules of
9    the Department, or violating the rules of professional
10    conduct which may be adopted by the Department.
11        r. Permitting any person to use for any unlawful or
12    fraudulent purpose one's diploma or license or certificate
13    of registration as a cosmetologist, nail technician,
14    esthetician, hair braider, or barber or cosmetology, nail
15    technology, esthetics, hair braiding, or barber teacher or
16    salon or shop or cosmetology clinic teacher.
17        s. Being named as a perpetrator in an indicated report
18    by the Department of Children and Family Services under the
19    Abused and Neglected Child Reporting Act and upon proof by
20    clear and convincing evidence that the licensee has caused
21    a child to be an abused child or neglected child as defined
22    in the Abused and Neglected Child Reporting Act.
23        t. Operating a salon or shop without a valid
24    registration.
25        u. Failure to complete required continuing education
26    hours.

 

 

HB5973 Enrolled- 38 -LRB099 19442 SMS 43834 b

1    (2) In rendering an order, the Secretary shall take into
2consideration the facts and circumstances involving the type of
3acts or omissions in paragraph (1) of this Section including,
4but not limited to:
5        (a) the extent to which public confidence in the
6    cosmetology, nail technology, esthetics, hair braiding, or
7    barbering profession was, might have been, or may be,
8    injured;
9        (b) the degree of trust and dependence among the
10    involved parties;
11        (c) the character and degree of harm which did result
12    or might have resulted;
13        (d) the intent or mental state of the licensee at the
14    time of the acts or omissions.
15    (3) The Department may reissue the license or registration
16upon certification by the Board that the disciplined licensee
17or registrant has complied with all of the terms and conditions
18set forth in the final order or has been sufficiently
19rehabilitated to warrant the public trust.
20    (4) The Department shall refuse to issue or renew or
21suspend without hearing the license or certificate of
22registration of any person who fails to file a return, or to
23pay the tax, penalty or interest shown in a filed return, or to
24pay any final assessment of tax, penalty or interest, as
25required by any tax Act administered by the Illinois Department
26of Revenue, until such time as the requirements of any such tax

 

 

HB5973 Enrolled- 39 -LRB099 19442 SMS 43834 b

1Act are satisfied as determined by the Department of Revenue.
2    (5) The Department shall deny without hearing any
3application for a license or renewal of a license under this
4Act by a person who has defaulted on an educational loan
5guaranteed by the Illinois Student Assistance Commission;
6however, the Department may issue or renew a license if the
7person in default has established a satisfactory repayment
8record as determined by the Illinois Student Assistance
9Commission.
10    (6) All fines imposed under this Section shall be paid
11within 60 days after the effective date of the order imposing
12the fine or in accordance with the terms set forth in the order
13imposing the fine.
14(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
 
15    Section 99. Effective date. This Act takes effect January
161, 2017.