Full Text of HB2968 100th General Assembly
HB2968ham001 100TH GENERAL ASSEMBLY | Rep. Michael J. Zalewski Filed: 3/22/2017
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| 1 | | AMENDMENT TO HOUSE BILL 2968
| 2 | | AMENDMENT NO. ______. Amend House Bill 2968 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Clinical Social Work and Social Work | 5 | | Practice Act is amended by changing Section 19 and by adding | 6 | | Section 9B as follows: | 7 | | (225 ILCS 20/9B new) | 8 | | Sec. 9B. Applicant convictions. | 9 | | (a) The Department and the Board shall not require | 10 | | applicants to report information about the following and shall | 11 | | not consider the following criminal history records in | 12 | | connection with an application for licensure: | 13 | | (1) Juvenile adjudications of delinquent minors as | 14 | | defined in Section 5-105 of the Juvenile Court Act of 1987, | 15 | | subject to the restrictions set forth in Section 5-130 of | 16 | | the Juvenile Court Act of 1987. |
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| 1 | | (2) Law enforcement records, court records, and | 2 | | conviction records of an individual who was 17 years old at | 3 | | the time of the offense and before January 1, 2014, unless | 4 | | the nature of the offense required the individual to be | 5 | | tried as an adult. | 6 | | (3) Records of arrest not followed by a charge or | 7 | | conviction. | 8 | | (4) Records of arrest where charges were dismissed | 9 | | unless related to the practice of the profession. However, | 10 | | applicants shall not be asked to report any arrests, and an | 11 | | arrest not followed by a conviction shall not be the basis | 12 | | of a denial and may be used only to assess an applicant's | 13 | | rehabilitation. | 14 | | (5) Convictions overturned by a higher court. | 15 | | (6) Convictions or arrests that have been sealed or | 16 | | expunged. | 17 | | (b) Except as provided in Section 2105-165 of the | 18 | | Department of Professional Regulation Law, the Department, | 19 | | upon a finding that an applicant for a license was previously | 20 | | convicted of any felony or misdemeanor directly related to the | 21 | | practice of the profession, shall consider any mitigating | 22 | | factors and evidence of rehabilitation contained in such | 23 | | applicant's record, including any of the following factors and | 24 | | evidence, to determine whether a prior conviction will impair | 25 | | the ability of the applicant to engage in the position for | 26 | | which a license is sought: |
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| 1 | | (1) the lack of direct relation of the offense for | 2 | | which the applicant was previously convicted to the duties, | 3 | | functions, and responsibilities of the position for which a | 4 | | license is sought; | 5 | | (2) whether 5 years since a felony conviction or 3 | 6 | | years since release from confinement for the conviction, | 7 | | whichever is later, have passed without a subsequent | 8 | | conviction; | 9 | | (3) if the applicant was previously licensed or | 10 | | employed in this State or other state or jurisdictions, | 11 | | then the lack of prior misconduct arising from or related | 12 | | to the licensed position or position of employment; | 13 | | (4) the age of the person at the time of the criminal | 14 | | offense; | 15 | | (5) successful completion of sentence and, for | 16 | | applicants serving a term of parole or probation, a | 17 | | progress report provided by the applicant's probation or | 18 | | parole officer that documents the applicant's compliance | 19 | | with conditions of supervision; | 20 | | (6) evidence of the applicant's present fitness and | 21 | | professional character; | 22 | | (7) evidence of rehabilitation or rehabilitative | 23 | | effort during or after incarceration, or during or after a | 24 | | term of supervision, including, but not limited to, a | 25 | | certificate of good conduct under Section 5-5.5-25 of the | 26 | | Unified Code of Corrections or a certificate of relief from |
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| 1 | | disabilities under Section 5-5.5-10 of the Unified Code of | 2 | | Corrections; and | 3 | | (8) any other mitigating factors that contribute to the | 4 | | person's potential and current ability to perform the | 5 | | duties and responsibilities of the position for which a | 6 | | license or employment is sought. | 7 | | (c) If the Department refuses to grant a license to an | 8 | | applicant based, in whole or in part, upon a conviction or | 9 | | convictions, then the Department shall notify the applicant of | 10 | | the denial in writing with the following included in the notice | 11 | | of denial: | 12 | | (1) a statement about the decision to refuse to issue a | 13 | | license; | 14 | | (2) a list of the convictions that the Department | 15 | | determined will impair the applicant's ability to engage in | 16 | | the position for which a license is sought; | 17 | | (3) a list of the convictions that form the sole or | 18 | | partial basis for the refusal to issue a license; and | 19 | | (4) a summary of the appeal process or the earliest the | 20 | | applicant may reapply for a license, whichever is | 21 | | applicable. | 22 | | (d) No later than May 1 of each year, the Department must | 23 | | prepare, publicly announce, and publish a report of summary | 24 | | statistical information relating to new license applications | 25 | | during the preceding calendar year. Each report shall show, at | 26 | | a minimum: |
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| 1 | | (1) the number of applicants for a new license under | 2 | | this Act within the previous calendar year; | 3 | | (2) the number of applicants for a new license under | 4 | | this Act within the previous calendar year who had any | 5 | | criminal conviction; | 6 | | (3) the number of applicants for a new license under | 7 | | this Act in the previous calendar year who were granted a | 8 | | license; | 9 | | (4) the number of applicants for a new license with a | 10 | | criminal conviction who were granted a license under this | 11 | | Act within the previous calendar year; | 12 | | (5) the number of applicants for a new license under | 13 | | this Act within the previous calendar year who were denied | 14 | | a license; | 15 | | (6) the number of applicants for a new license with a | 16 | | criminal conviction who were denied a license under this | 17 | | Act in the previous calendar year in part or in whole | 18 | | because of a prior conviction; and | 19 | | (7) the number of licenses issued on probation under | 20 | | this Act in the previous calendar year to applicants with a | 21 | | criminal conviction.
| 22 | | (225 ILCS 20/19) (from Ch. 111, par. 6369)
| 23 | | (Section scheduled to be repealed on January 1, 2018)
| 24 | | Sec. 19. Grounds for disciplinary action.
| 25 | | (1) The Department may refuse to issue, refuse to renew, |
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| 1 | | suspend, or
revoke any license, or may place on probation, | 2 | | censure, reprimand, or take
other disciplinary or | 3 | | non-disciplinary action deemed appropriate by the Department, | 4 | | including the
imposition of fines not to exceed $10,000
for | 5 | | each violation, with regard to any
license issued under the | 6 | | provisions of this Act for any one or a combination of
the | 7 | | following reasons:
| 8 | | (a) material misstatements of fact in furnishing | 9 | | information to the
Department or to any other State agency | 10 | | or in furnishing information to any
insurance company with | 11 | | respect to a claim on behalf of a licensee or a patient;
| 12 | | (b) violations or negligent or intentional disregard | 13 | | of this Act, or any
of the rules promulgated hereunder;
| 14 | | (c) for licensees, conviction of or entry of a plea of | 15 | | guilty or nolo contendere to any crime that is a felony | 16 | | under the laws of the United States or any
state or | 17 | | territory thereof or that is a misdemeanor, of
which an | 18 | | essential
element is dishonesty, or any crime that is | 19 | | directly related
to the practice of the clinical social | 20 | | work or social work professions; provisions set forth in | 21 | | Section 9B shall apply for applicants;
| 22 | | (d) making any misrepresentation for the purpose of | 23 | | obtaining licenses,
or violating any provision of this Act | 24 | | or any of the rules promulgated
hereunder;
| 25 | | (e) professional incompetence;
| 26 | | (f) malpractice;
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| 1 | | (g) aiding or assisting another person in violating any | 2 | | provision of this
Act or any rules;
| 3 | | (h) failing to provide information within 30 days in | 4 | | response to a
written request made by the Department;
| 5 | | (i) engaging in dishonorable, unethical or | 6 | | unprofessional conduct of a
character likely to deceive, | 7 | | defraud or harm the public as defined by the
rules of the | 8 | | Department, or violating the rules of professional conduct
| 9 | | adopted by the Board and published by the Department;
| 10 | | (j) habitual
or excessive use or addiction to alcohol, | 11 | | narcotics, stimulants, or any other
chemical agent or drug | 12 | | that results in a clinical social worker's or social
| 13 | | worker's inability to practice
with reasonable judgment, | 14 | | skill, or safety;
| 15 | | (k) discipline by another jurisdiction, if at least one | 16 | | of the grounds
for the discipline is the same or | 17 | | substantially equivalent to those set
forth in this | 18 | | Section;
| 19 | | (l) directly or indirectly giving to or receiving from | 20 | | any person, firm,
corporation, partnership, or association | 21 | | any fee, commission, rebate or
other form of compensation | 22 | | for any professional service not actually rendered. | 23 | | Nothing in this paragraph (l) affects any bona fide | 24 | | independent contractor or employment arrangements among | 25 | | health care professionals, health facilities, health care | 26 | | providers, or other entities, except as otherwise |
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| 1 | | prohibited by law. Any employment arrangements may include | 2 | | provisions for compensation, health insurance, pension, or | 3 | | other employment benefits for the provision of services | 4 | | within the scope of the licensee's practice under this Act. | 5 | | Nothing in this paragraph (l) shall be construed to require | 6 | | an employment arrangement to receive professional fees for | 7 | | services rendered;
| 8 | | (m) a finding by the Board that the licensee, after | 9 | | having the license
placed on probationary status, has | 10 | | violated the terms of probation;
| 11 | | (n) abandonment, without cause, of a client;
| 12 | | (o) wilfully filing false reports relating to a | 13 | | licensee's practice,
including but not limited to false | 14 | | records filed with Federal or State
agencies or | 15 | | departments;
| 16 | | (p) wilfully failing to report an instance of suspected | 17 | | child abuse or
neglect as required by the Abused and | 18 | | Neglected Child Reporting Act;
| 19 | | (q) being named as a perpetrator in an indicated report | 20 | | by the
Department of Children and Family Services under the | 21 | | Abused and
Neglected Child Reporting Act, and upon proof by | 22 | | clear and convincing evidence
that the licensee has caused | 23 | | a child to be or failed to take reasonable steps to prevent | 24 | | a child from being an abused child or neglected child
as | 25 | | defined in the Abused and Neglected Child Reporting Act;
| 26 | | (r) physical illness, mental illness, or any other |
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| 1 | | impairment or disability, including, but not limited to,
| 2 | | deterioration through the
aging process, or loss of motor | 3 | | skills that results in the inability
to practice the | 4 | | profession with reasonable judgment, skill or safety;
| 5 | | (s) solicitation of professional services by using | 6 | | false or
misleading advertising; or
| 7 | | (t) violation of the Health Care Worker Self-Referral | 8 | | Act.
| 9 | | (2) (Blank).
| 10 | | (3) The determination by a court that a licensee is subject | 11 | | to
involuntary
admission or judicial admission as provided in | 12 | | the Mental Health and
Developmental Disabilities Code, will | 13 | | result in an automatic suspension of his
license. Such | 14 | | suspension will end upon a finding by a court that the licensee
| 15 | | is no longer subject to involuntary admission or judicial | 16 | | admission and issues
an order so finding and discharging the | 17 | | patient, and upon the recommendation of
the Board to the | 18 | | Secretary that the licensee be allowed to resume professional
| 19 | | practice.
| 20 | | (4) The Department may refuse to issue or renew or may | 21 | | suspend the license of a
person who (i) fails to file a return, | 22 | | pay the tax, penalty, or interest shown in a
filed return, or | 23 | | pay any final assessment of tax, penalty, or interest, as
| 24 | | required by any tax Act administered by the Department of | 25 | | Revenue,
until the requirements of the tax Act are satisfied or | 26 | | (ii) has failed to pay any court-ordered child support as |
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| 1 | | determined by a court order or by
referral from the Department | 2 | | of Healthcare and Family Services.
| 3 | | (5) In enforcing this Section, the Board upon a showing of | 4 | | a possible
violation may compel a person licensed to practice | 5 | | under this Act, or
who has applied for licensure or | 6 | | certification pursuant to this Act, to submit
to a mental or | 7 | | physical examination, or both, as required by and at the | 8 | | expense
of the Department. The examining physicians
shall be | 9 | | those specifically designated by the Board.
The Board or the | 10 | | Department may order the examining physician
to present | 11 | | testimony concerning this mental or physical
examination
of the | 12 | | licensee or applicant. No information shall be excluded by | 13 | | reason of
any common law or statutory privilege relating to | 14 | | communications between the
licensee or applicant and the | 15 | | examining physician.
The person to be examined may have, at his | 16 | | or her own expense, another
physician of his or her choice | 17 | | present during all
aspects of the examination. Failure of any | 18 | | person to submit to a mental or
physical examination, when | 19 | | directed, shall be grounds for suspension of a
license until | 20 | | the person submits to the examination if the Board finds,
after | 21 | | notice and hearing, that the refusal to submit to the | 22 | | examination was
without reasonable cause.
| 23 | | If the Board finds a person unable to practice because of | 24 | | the reasons
set forth in this Section, the Board may require | 25 | | that person to submit to
care, counseling, or treatment by | 26 | | physicians
approved
or designated by the Board, as a condition, |
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| 1 | | term, or restriction for continued,
reinstated, or
renewed | 2 | | licensure to practice; or, in lieu of care, counseling or | 3 | | treatment,
the
Board may recommend to the Department to file a | 4 | | complaint to immediately
suspend, revoke or otherwise | 5 | | discipline the license of the person.
Any person whose
license | 6 | | was granted, continued, reinstated, renewed, disciplined or | 7 | | supervised
subject to such terms, conditions or restrictions, | 8 | | and who fails to comply with
such terms, conditions, or | 9 | | restrictions, shall be referred to the Secretary for
a
| 10 | | determination as to whether the person shall have his or her | 11 | | license
suspended immediately, pending a hearing by the Board.
| 12 | | In instances in which the Secretary immediately suspends a | 13 | | person's license
under this Section, a hearing on that person's | 14 | | license must be convened by
the Board within 30 days after the | 15 | | suspension and completed without appreciable
delay.
The Board | 16 | | shall have the authority to review the subject person's record | 17 | | of
treatment and counseling regarding the impairment, to the | 18 | | extent permitted by
applicable federal statutes and | 19 | | regulations safeguarding the confidentiality of
medical | 20 | | records.
| 21 | | A person licensed under this Act and affected under this | 22 | | Section shall
be
afforded an opportunity to demonstrate to the | 23 | | Board that he or she can resume
practice in compliance with | 24 | | acceptable and prevailing standards under the
provisions of his | 25 | | or her license.
| 26 | | (Source: P.A. 98-756, eff. 7-16-14.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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