Full Text of HB2394 103rd General Assembly
HB2394eng 103RD 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 Regulatory Sunset Act is amended by | 5 | | changing Sections 4.34 and 4.39 as follows: | 6 | | (5 ILCS 80/4.34) | 7 | | Sec. 4.34. Acts and Section repealed on January 1, 2024. | 8 | | The following Acts and
Section of an Act are repealed
on | 9 | | January 1, 2024: | 10 | | The Crematory Regulation Act. | 11 | | The Electrologist Licensing Act. | 12 | | The Illinois Certified Shorthand Reporters Act of | 13 | | 1984. | 14 | | The Illinois Occupational Therapy Practice Act. | 15 | | The Illinois Public Accounting Act. | 16 | | The Private Detective, Private Alarm, Private | 17 | | Security, Fingerprint Vendor, and Locksmith Act of 2004. | 18 | | The Registered Surgical Assistant and Registered | 19 | | Surgical Technologist
Title Protection Act. | 20 | | Section 2.5 of the Illinois Plumbing License Law.
| 21 | | The Veterinary Medicine and Surgery Practice Act of | 22 | | 2004. | 23 | | (Source: P.A. 102-291, eff. 8-6-21.) |
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| 1 | | (5 ILCS 80/4.39) | 2 | | Sec. 4.39. Acts repealed on January 1, 2029 and December | 3 | | 31, 2029. | 4 | | (a) The following Act is repealed on January 1, 2029: | 5 | | The Environmental Health Practitioner Licensing Act. | 6 | | The Illinois Certified Shorthand Reporters Act of | 7 | | 1984. | 8 | | (b) The following Act is repealed on December 31, 2029: | 9 | | The Structural Pest Control Act.
| 10 | | (Source: P.A. 100-716, eff. 8-3-18; 100-796, eff. 8-10-18; | 11 | | 101-81, eff. 7-12-19.) | 12 | | Section 10. The Illinois Certified Shorthand Reporters Act | 13 | | of 1984 is amended by changing Sections 4, 5, 6, 8, 10, 12.1, | 14 | | 14, 15, 16, 17, 19, 23, 23.1, 23.2, 23.4, 23.6, 23.7, 23.9, | 15 | | 23.15, 24, 26, and 26.1 and by adding Section 4.1 as follows:
| 16 | | (225 ILCS 415/4) (from Ch. 111, par. 6204)
| 17 | | (Section scheduled to be repealed on January 1, 2024)
| 18 | | Sec. 4. In this Act:
| 19 | | (1) "Department" means the Department of Financial and | 20 | | Professional Regulation.
| 21 | | (2) "Secretary" means the Secretary of Financial and | 22 | | Professional Regulation.
| 23 | | (3) "Board" means the Certified Shorthand Reporters Board |
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| 1 | | appointed by the
Secretary.
| 2 | | (4) "The practice of shorthand reporting" means reporting, | 3 | | by the use
of any system of manual or mechanical shorthand | 4 | | writing, of Grand Jury
proceedings, court proceedings, court | 5 | | related proceedings, pretrial
examinations, depositions, | 6 | | motions and related proceedings of like
character, or | 7 | | proceedings of an administrative agency when the final
| 8 | | decision of the agency with reference thereto is likely to be | 9 | | subject
to judicial review under the provisions of the | 10 | | Administrative Review Law.
| 11 | | (5) "Shorthand reporter" means a person who is technically | 12 | | qualified and
certified under this Act to practice shorthand | 13 | | reporting.
| 14 | | (6) "Stenographic notes" means the original notes by | 15 | | manual or mechanical
shorthand or shorthand writing taken by a | 16 | | shorthand reporter of a proceeding
while in attendance at such | 17 | | proceeding for the purpose of reporting the same.
| 18 | | (7) "Address of record" means the designated address | 19 | | recorded by the Department in the applicant's or licensee's | 20 | | application file or license file as maintained by the | 21 | | Department's licensure maintenance unit. It is the duty of the | 22 | | applicant or licensee to inform the Department of any change | 23 | | of address and those changes must be made either through the | 24 | | Department's Internet website or by contacting the Department. | 25 | | (8) "Email address of record" means the designated email | 26 | | address recorded by the Department in the applicant's |
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| 1 | | application file or the licensee's license file, as maintained | 2 | | by the Department's licensure maintenance unit. | 3 | | (Source: P.A. 98-445, eff. 12-31-13.)
| 4 | | (225 ILCS 415/4.1 new) | 5 | | Sec. 4.1. Address of record; email address of record. | 6 | | All applicants and registrants shall: | 7 | | (1) provide a valid address and email address to the | 8 | | Department, which shall serve as the address of record and | 9 | | email address of record, respectively, at the time of | 10 | | application for licensure or renewal of a license; and | 11 | | (2) inform the Department of any change of address
of | 12 | | record or email address of record within 14 days after | 13 | | such change either through the Department's website or by | 14 | | contacting the Department's licensure maintenance unit.
| 15 | | (225 ILCS 415/5) (from Ch. 111, par. 6205)
| 16 | | (Section scheduled to be repealed on January 1, 2024)
| 17 | | Sec. 5. Title. Every person to whom a valid existing | 18 | | certificate as a
certified shorthand reporter has been issued | 19 | | under this Act shall
be designated as a Certified Shorthand | 20 | | Reporter and not otherwise,
and any such certified shorthand | 21 | | reporter may, in connection with
the reporter's his or her | 22 | | practice of shorthand reporting, use the abbreviation "C.S.R."
| 23 | | or the title "Court Reporter".
No person other than the holder | 24 | | of a valid existing certificate
under this Act shall use the |
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| 1 | | title or designation of "Certified
Shorthand Reporter", "Court | 2 | | Reporter", or "C.S.R.", either directly or
indirectly
in | 3 | | connection with that person's his or her profession or | 4 | | business.
| 5 | | (Source: P.A. 90-49, eff. 7-3-97 .)
| 6 | | (225 ILCS 415/6) (from Ch. 111, par. 6206)
| 7 | | (Section scheduled to be repealed on January 1, 2024)
| 8 | | Sec. 6. Restricted certificate. Upon receipt of a written | 9 | | request from the Chief Judge of the reporter's circuit,
the | 10 | | Department shall, upon payment of the required fee, issue to | 11 | | any
reporter who has been appointed in counties of less than | 12 | | 1,000,000 in
population, has been examined under the Court | 13 | | Reporters Act, and has achieved an "A" proficiency rating, a | 14 | | restricted certificate by which
such official court reporter | 15 | | may then lawfully engage in reporting only court
proceedings | 16 | | to which he may be assigned by the Chief Judge of the | 17 | | reporter's his circuit may assign .
| 18 | | (Source: P.A. 98-445, eff. 12-31-13.)
| 19 | | (225 ILCS 415/8) (from Ch. 111, par. 6208)
| 20 | | (Section scheduled to be repealed on January 1, 2024)
| 21 | | Sec. 8. Certified Shorthand Reporters Board. The Secretary | 22 | | shall appoint a Certified Shorthand Reporters Board
as | 23 | | follows: 7 persons who shall be appointed by and shall serve in
| 24 | | an advisory capacity to the Secretary. Six members must be |
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| 1 | | certified shorthand
reporters, in good standing, and actively | 2 | | engaged in the practice of shorthand
reporting in this State | 3 | | for ten years, and one member must be a member of
the public | 4 | | who is not certified under this Act, or a similar Act of | 5 | | another
jurisdiction.
| 6 | | Members shall serve 4 year terms and until the member's | 7 | | their successors are appointed
and qualified. No member shall | 8 | | be
reappointed to the Board for a term that would cause the | 9 | | member's his continuous
service on the Board to be longer than | 10 | | 2 full consecutive terms.
Appointments to fill vacancies
shall | 11 | | be made in the same manner as original appointments, for the | 12 | | unexpired
portion of the vacated term.
| 13 | | In making appointments to the Board,
the Secretary shall | 14 | | give consideration to recommendations by national and
State | 15 | | organizations of the shorthand reporter profession.
| 16 | | Four members of the Board shall constitute a quorum. A | 17 | | quorum is required for all Board decisions. | 18 | | The Secretary may remove or suspend any member of the | 19 | | Board for cause at any time before the expiration of the | 20 | | member's his or her term. The Secretary shall be the sole | 21 | | arbiter of cause.
| 22 | | The Secretary shall consider the recommendations of the | 23 | | Board on questions
involving standards of professional | 24 | | conduct, discipline and qualifications
of candidates and | 25 | | certificate holders under this Act. | 26 | | Members of the Board shall be reimbursed for all |
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| 1 | | legitimate, necessary, and authorized expenses incurred in | 2 | | attending the meetings of the Board.
| 3 | | Members of the Board have no liability in any action based | 4 | | upon any disciplinary proceedings or other activity performed | 5 | | in good faith as members of the Board.
| 6 | | (Source: P.A. 98-445, eff. 12-31-13.)
| 7 | | (225 ILCS 415/10) (from Ch. 111, par. 6210)
| 8 | | (Section scheduled to be repealed on January 1, 2024)
| 9 | | Sec. 10.
The Department shall authorize examinations at | 10 | | such time and place as it may designate. The examination shall | 11 | | be
of a character to give a fair test of the qualifications of | 12 | | the applicant
to practice shorthand reporting.
| 13 | | Applicants for examination as certified shorthand | 14 | | reporters shall be required
to pay, either to the Department | 15 | | or the designated testing service, a fee
covering the cost of | 16 | | providing the examination. Failure to appear for the
| 17 | | examination on the scheduled date, at the time and place | 18 | | specified, after
the applicant's application for examination | 19 | | has been received and acknowledged
by the Department or the | 20 | | designated testing service, shall result in the
forfeiture of | 21 | | the examination fee.
| 22 | | If an applicant neglects, fails or refuses to take the | 23 | | next available
examination offered or fails to pass an | 24 | | examination for certification
under this Act, the application | 25 | | shall be denied. If an applicant for
examination for |
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| 1 | | certification under this Act fails to pass the examination
| 2 | | within 3 years after filing an his application, the | 3 | | application shall be
denied. However, such applicant may | 4 | | thereafter make a new application
accompanied by the required | 5 | | fee.
| 6 | | The Department may employ consultants for the purpose of | 7 | | preparing and
conducting examinations.
| 8 | | An applicant has one year from the date of notification of
| 9 | | successful completion of the examination to apply to the | 10 | | Department for a
license. If an applicant fails to apply | 11 | | within one year, the applicant shall
be required to take and | 12 | | pass the examination again unless licensed in
another | 13 | | jurisdiction of the United States within one year of passing | 14 | | the
examination.
| 15 | | (Source: P.A. 98-445, eff. 12-31-13.)
| 16 | | (225 ILCS 415/12.1) | 17 | | (Section scheduled to be repealed on January 1, 2024) | 18 | | Sec. 12.1. Social Security Number or individual taxpayer | 19 | | identification number on license application. In addition to | 20 | | any other information required to be contained in the | 21 | | application, every application for an original license under | 22 | | this Act shall include the applicant's Social Security Number | 23 | | or individual taxpayer identification number , which shall be | 24 | | retained in the Department's records pertaining to the | 25 | | license. As soon as practicable, the Department shall assign a |
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| 1 | | customer's identification number to each applicant for a | 2 | | license. Every application for a renewal or restored license | 3 | | shall require the applicant's customer identification number.
| 4 | | (Source: P.A. 98-445, eff. 12-31-13.)
| 5 | | (225 ILCS 415/14) (from Ch. 111, par. 6214)
| 6 | | (Section scheduled to be repealed on January 1, 2024)
| 7 | | Sec. 14. Expiration, renewal, and military service. The | 8 | | expiration date and renewal period for each certificate issued
| 9 | | under this Act shall be set by rule.
| 10 | | Any certified shorthand reporter who has permitted the | 11 | | reporter's his certificate to expire
or who has had the | 12 | | reporter's his certificate on inactive status may have the his | 13 | | certificate
restored by making application to the Department, | 14 | | filing proof acceptable
to the Department of the reporter's | 15 | | his fitness to have the his certificate restored and
paying | 16 | | the required restoration fee. The Department may consider a
| 17 | | certificate expired less than 5 years as prima facie evidence | 18 | | that the
applicant is fit. If a certificate has expired or has | 19 | | been placed on
inactive status and the applicant has practiced | 20 | | in another jurisdiction
during such period, satisfactory proof | 21 | | of fitness may include
sworn evidence certifying to active | 22 | | practice in another jurisdiction.
| 23 | | If the certified shorthand reporter has not maintained an | 24 | | active practice
in another jurisdiction satisfactory to the | 25 | | Department, the Department shall
determine, by an evaluation |
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| 1 | | program established by rule, the reporter's his fitness to
| 2 | | resume active status and shall, by rule, establish procedures | 3 | | and requirements for restoration.
| 4 | | However, any certified shorthand reporter whose | 5 | | certificate expired while he was (1) in Federal Service on | 6 | | active duty with the Armed Forces of the
United States, while | 7 | | or the State Militia called into service or training in the | 8 | | State Militia , or while
(2) in training or education under the | 9 | | supervision of the United States
preliminary to induction into | 10 | | the military service , may have the his certificate
renewed or | 11 | | restored without paying any lapsed renewal fees if , within 2 | 12 | | years
after termination of such service, training or education | 13 | | except under
conditions other than honorable, the Department | 14 | | is furnished with satisfactory evidence to the effect that the | 15 | | certificate holder has been so engaged and that the service, | 16 | | training, or education has been terminated he furnished the | 17 | | Department with
satisfactory evidence to the effect that he | 18 | | has been so engaged and that
his service, training or | 19 | | education has been so terminated .
| 20 | | (Source: P.A. 98-445, eff. 12-31-13.)
| 21 | | (225 ILCS 415/15) (from Ch. 111, par. 6215)
| 22 | | (Section scheduled to be repealed on January 1, 2024)
| 23 | | Sec. 15. Inactive status. Any certified shorthand reporter | 24 | | who notifies the Department
in writing on forms prescribed by | 25 | | the Department, may elect to place the reporter's his
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| 1 | | certificate on an inactive status and shall, subject to rules | 2 | | of the
Department,
be excused from payment of renewal fees | 3 | | until he notifies the Department
has been notified in writing | 4 | | of the certificate holder's his desire to resume active | 5 | | status.
| 6 | | Any certified shorthand reporter requesting restoration | 7 | | from inactive status
shall be required to pay the current | 8 | | renewal fee and shall be required to
restore the reporter's | 9 | | his certificate, as provided in Section 14.
| 10 | | Any certified shorthand reporter whose certificate is in | 11 | | an inactive status
shall not practice shorthand reporting in | 12 | | the State of Illinois.
| 13 | | (Source: P.A. 98-445, eff. 12-31-13.)
| 14 | | (225 ILCS 415/16) (from Ch. 111, par. 6216)
| 15 | | (Section scheduled to be repealed on January 1, 2024)
| 16 | | Sec. 16. Endorsement; licensure without examination. The | 17 | | Department may certify as a certified
shorthand reporter, | 18 | | without examination, on payment of the required fee,
an | 19 | | applicant who is a certified shorthand reporter registered | 20 | | under the
laws of another jurisdiction, if the requirements | 21 | | for certification of
certified shorthand reporters in that | 22 | | jurisdiction were, at the date of his
certification, | 23 | | substantially equivalent to the requirements in force in
this | 24 | | State on that date.
| 25 | | Applicants have 3 years from the date of application to |
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| 1 | | complete the
application process. If the process has not been | 2 | | completed in 3
years, the application shall be denied, the fee | 3 | | forfeited and the
applicant must reapply and meet the | 4 | | requirements in effect at the time
of reapplication.
| 5 | | (Source: P.A. 98-445, eff. 12-31-13.)
| 6 | | (225 ILCS 415/17) (from Ch. 111, par. 6217)
| 7 | | (Section scheduled to be repealed on January 1, 2024)
| 8 | | Sec. 17. Fees; returned checks.
| 9 | | (a) The
fees for the administration and enforcement of | 10 | | this Act,
including but not limited to, original | 11 | | certification, renewal and
restoration of a license issued | 12 | | under this Act, shall be set by rule. The fees shall be | 13 | | nonrefundable.
| 14 | | (b) All fees, fines, and penalties collected under this
| 15 | | Act shall be deposited into the General Professions Dedicated | 16 | | Fund and shall be appropriated to the Department for the | 17 | | ordinary and contingent expenses of the Department in the | 18 | | administration of this Act.
| 19 | | (c) Any person who delivers a check or other payment to the | 20 | | Department
that is returned to the Department unpaid by the | 21 | | financial institution upon
which it is drawn shall pay to the | 22 | | Department, in addition to the amount
already owed to the | 23 | | Department, a fine of $50. The fines imposed by this
Section | 24 | | are in addition
to any other discipline provided under this | 25 | | Act prohibiting unlicensed
practice or practice on a |
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| 1 | | nonrenewed license. The Department shall notify
the person | 2 | | that payment of fees and fines shall be paid to the Department
| 3 | | by certified check or money order within 30 calendar days of | 4 | | the
notification. If, after the expiration of 30 days from the | 5 | | date of the
notification, the person has failed to submit the | 6 | | necessary remittance, the
Department shall automatically | 7 | | terminate the license or certificate or deny
the application, | 8 | | without hearing. If, after termination or denial, the
person | 9 | | seeks a license or certificate, the person he or she shall | 10 | | apply to the
Department for restoration or issuance of the | 11 | | license or certificate and
pay all fees and fines due to the | 12 | | Department. The Department may establish
a fee for the | 13 | | processing of an application for restoration of a license or
| 14 | | certificate to pay all expenses of processing this | 15 | | application. The Secretary
may waive the fines due under this | 16 | | Section in individual cases where the
Secretary finds that the | 17 | | fines would be unreasonable or unnecessarily
burdensome.
| 18 | | (Source: P.A. 98-445, eff. 12-31-13.)
| 19 | | (225 ILCS 415/19) (from Ch. 111, par. 6219)
| 20 | | (Section scheduled to be repealed on January 1, 2024)
| 21 | | Sec. 19. Advertising. Any person certified under this Act | 22 | | may advertise the availability
of professional services in the | 23 | | public media or on the premises where such
professional | 24 | | services are rendered as permitted by law, on the condition
| 25 | | that such advertising is truthful and not misleading and is in |
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| 1 | | conformity
with rules promulgated by the Department. | 2 | | Advertisements shall not include false, fraudulent, deceptive, | 3 | | or misleading material or guarantees of success. | 4 | | Advertisements shall also not include any offers of any gift | 5 | | or item of value to attorneys or the attorneys' their staff or | 6 | | any other persons or entities associated with any litigation.
| 7 | | (Source: P.A. 98-445, eff. 12-31-13.)
| 8 | | (225 ILCS 415/23) (from Ch. 111, par. 6223)
| 9 | | (Section scheduled to be repealed on January 1, 2024)
| 10 | | Sec. 23. Grounds for disciplinary action.
| 11 | | (a) The Department may refuse to issue or renew, or may | 12 | | revoke,
suspend, place on probation, reprimand or take other | 13 | | disciplinary
or non-disciplinary action as the Department may | 14 | | deem appropriate, including imposing fines not to
exceed | 15 | | $10,000 for each violation and the assessment of costs as | 16 | | provided for in Section 23.3 of this Act, with regard to any | 17 | | license for any one
or combination of the following:
| 18 | | (1) Material misstatement in furnishing information to | 19 | | the Department;
| 20 | | (2) Violations of this Act, or of the rules | 21 | | promulgated thereunder;
| 22 | | (3) Conviction by plea of guilty or nolo contendere, | 23 | | finding of guilt, jury verdict, or entry of judgment or by | 24 | | sentencing of any crime, including, but not limited to, | 25 | | convictions, preceding sentences of supervision, |
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| 1 | | conditional discharge, or first offender probation under | 2 | | the laws of any jurisdiction of the United States: (i) | 3 | | that is a felony or (ii) that is a misdemeanor, an | 4 | | essential element of which is dishonesty, or that is | 5 | | directly related to the practice of the profession;
| 6 | | (4) Fraud or any misrepresentation in applying for or | 7 | | procuring a license under this Act or in connection with | 8 | | applying for renewal of a license under this Act;
| 9 | | (5) Professional incompetence;
| 10 | | (6) Aiding or assisting another person, firm, | 11 | | partnership or corporation
in violating any provision of | 12 | | this Act or rules;
| 13 | | (7) Failing, within 60 days, to provide information in | 14 | | response to a
written request made by the Department;
| 15 | | (8) Engaging in dishonorable, unethical or | 16 | | unprofessional conduct of a
character likely to deceive, | 17 | | defraud or harm the public;
| 18 | | (9) Habitual or excessive use or abuse of drugs | 19 | | defined in law as controlled substances, alcohol, or any | 20 | | other substances that results in the inability to practice | 21 | | with reasonable judgment, skill, or safety;
| 22 | | (10) Discipline by another state, unit of government, | 23 | | government agency, the District of Columbia, a territory,
| 24 | | or foreign nation, if at least one of the grounds for the | 25 | | discipline is
the same or substantially equivalent to | 26 | | those set forth herein;
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| 1 | | (11) Charging for professional services not rendered, | 2 | | including filing false statements for the collection of | 3 | | fees for which services were not rendered, or giving, | 4 | | directly or indirectly, any gift or anything of value to | 5 | | attorneys or the attorneys' their staff or any other | 6 | | persons or entities associated with any litigation, that | 7 | | exceeds $100 total per year; for the purposes of this | 8 | | Section, pro bono services, as defined by State law, are | 9 | | permissible in any amount;
| 10 | | (12) A finding by the Board that the certificate | 11 | | holder, after having
the his certificate placed on | 12 | | probationary status, has violated the terms of
probation;
| 13 | | (13) Willfully making or filing false records or | 14 | | reports in the practice
of shorthand reporting, including | 15 | | but not limited to false records filed
with State agencies | 16 | | or departments;
| 17 | | (14) Physical illness, including but not limited to, | 18 | | deterioration through
the aging process, or loss of motor | 19 | | skill which results in the inability
to practice under | 20 | | this Act with reasonable judgment, skill or safety;
| 21 | | (15) Solicitation of professional services other than | 22 | | by permitted
advertising;
| 23 | | (16) Willful failure to take full and accurate | 24 | | stenographic notes of
any proceeding;
| 25 | | (17) Willful alteration of any stenographic notes | 26 | | taken at any proceeding;
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| 1 | | (18) Willful failure to accurately transcribe verbatim | 2 | | any stenographic
notes taken at any proceeding;
| 3 | | (19) Willful alteration of a transcript of | 4 | | stenographic notes taken at
any proceeding;
| 5 | | (20) Affixing one's signature to any transcript of his | 6 | | stenographic notes
or certifying to its correctness unless | 7 | | the transcript has been prepared
by the stenographer him | 8 | | or under the stenographer's his immediate supervision;
| 9 | | (21) Willful failure to systematically retain | 10 | | stenographic notes or transcripts on paper or any | 11 | | electronic media for 10 years
from the date that the notes | 12 | | or transcripts were taken;
| 13 | | (22) Failure to deliver transcripts in a timely manner | 14 | | or in accordance
with contractual agreements;
| 15 | | (23) Establishing contingent fees as a basis of | 16 | | compensation;
| 17 | | (24) Mental illness or disability that results in the | 18 | | inability to practice under this Act with reasonable | 19 | | judgment, skill, or safety; | 20 | | (25) Practicing under a false or assumed name, except | 21 | | as provided by law; | 22 | | (26) Cheating on or attempting to subvert the | 23 | | licensing examination administered under this Act; | 24 | | (27) Allowing one's license under this Act to be used | 25 | | by an unlicensed person in violation of this Act. | 26 | | All fines imposed under this Section shall be paid within |
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| 1 | | 60 days after the effective date of the order imposing the fine | 2 | | or in accordance with the terms set forth in the order imposing | 3 | | the fine. | 4 | | (b) The determination by a circuit court that a | 5 | | certificate holder is
subject to involuntary admission or | 6 | | judicial admission as provided in the
Mental Health and | 7 | | Developmental Disabilities Code, operates as an automatic
| 8 | | suspension. Such suspension will end only upon a
finding by a | 9 | | court that the patient is no longer subject to involuntary
| 10 | | admission or judicial admission, an order by the court so | 11 | | finding and
discharging the patient. In any case where a | 12 | | license is suspended under this Section, the licensee may file | 13 | | a petition for restoration and shall include evidence | 14 | | acceptable to the Department that the licensee can resume | 15 | | practice in compliance with acceptable and prevailing | 16 | | standards of the profession.
| 17 | | (c) In cases where the Department of Healthcare and Family | 18 | | Services has previously determined a licensee or a potential | 19 | | licensee is more than 30 days delinquent in the payment of | 20 | | child support and has subsequently certified the delinquency | 21 | | to the Department, the Department may refuse to issue or renew | 22 | | or may revoke or suspend that person's license or may take | 23 | | other disciplinary action against that person based solely | 24 | | upon the certification of delinquency made by the Department | 25 | | of Healthcare and Family Services in accordance with item (5) | 26 | | of subsection (a) of Section 2105-15 of the Civil |
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| 1 | | Administrative Code of Illinois. | 2 | | (d) In enforcing this Section, the Department, upon a | 3 | | showing of a possible violation, may compel any individual who | 4 | | is certified under this Act or any individual who has applied | 5 | | for certification under this Act to submit to a mental or | 6 | | physical examination and evaluation, or both, which may | 7 | | include a substance abuse or sexual offender evaluation, at | 8 | | the expense of the Department. The Department shall | 9 | | specifically designate the examining physician licensed to | 10 | | practice medicine in all of its branches or, if applicable, | 11 | | the multidisciplinary team involved in providing the mental or | 12 | | physical examination and evaluation, or both. The | 13 | | multidisciplinary team shall be led by a physician licensed to | 14 | | practice medicine in all of its branches and may consist of one | 15 | | or more or a combination of physicians licensed to practice | 16 | | medicine in all of its branches, licensed chiropractic | 17 | | physicians, licensed clinical psychologists, licensed clinical | 18 | | social workers, licensed clinical professional counselors, and | 19 | | other professional and administrative staff. Any examining | 20 | | physician or member of the multidisciplinary team may require | 21 | | any person ordered to submit to an examination and evaluation | 22 | | pursuant to this Section to submit to any additional | 23 | | supplemental testing deemed necessary to complete any | 24 | | examination or evaluation process, including, but not limited | 25 | | to, blood testing, urinalysis, psychological testing, or | 26 | | neuropsychological testing. |
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| 1 | | The Department may order the examining physician or any | 2 | | member of the multidisciplinary team to provide to the | 3 | | Department any and all records, including business records, | 4 | | that relate to the examination and evaluation, including any | 5 | | supplemental testing performed. The Department may order the | 6 | | examining physician or any member of the multidisciplinary | 7 | | team to present testimony concerning this examination and | 8 | | evaluation of the certified shorthand reporter or applicant, | 9 | | including testimony concerning any supplemental testing or | 10 | | documents relating to the examination and evaluation. No | 11 | | information, report, record, or other documents in any way | 12 | | related to the examination and evaluation shall be excluded by | 13 | | reason of any common law or statutory privilege relating to | 14 | | communication between the licensee or applicant and the | 15 | | examining physician or any member of the multidisciplinary | 16 | | team. No authorization is necessary from the certified | 17 | | shorthand reporter or applicant ordered to undergo an | 18 | | evaluation and examination for the examining physician or any | 19 | | member of the multidisciplinary team to provide information, | 20 | | reports, records, or other documents or to provide any | 21 | | testimony regarding the examination and evaluation. The | 22 | | individual to be examined may have, at that individual's his | 23 | | or her own expense, another physician of the individual's his | 24 | | or her choice present during all aspects of the examination. | 25 | | Failure of any individual to submit to mental or physical | 26 | | examination and evaluation, or both, when directed, shall |
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| 1 | | result in an automatic suspension, without hearing, until such | 2 | | time as the individual submits to the examination. If the | 3 | | Department finds a certified shorthand reporter unable to | 4 | | practice because of the reasons set forth in this Section, the | 5 | | Department shall require the certified shorthand reporter to | 6 | | submit to care, counseling, or treatment by physicians | 7 | | approved or designated by the Department, as a condition for | 8 | | continued, reinstated, or renewed certification. | 9 | | When the Secretary immediately suspends a certificate | 10 | | under this Section, a hearing upon the person's certificate | 11 | | must be convened by the Department within 15 days after the | 12 | | suspension and completed without appreciable delay. The | 13 | | Department shall have the authority to review the certified | 14 | | shorthand reporter's record of treatment and counseling | 15 | | regarding the impairment, to the extent permitted by | 16 | | applicable federal statutes and regulations safeguarding the | 17 | | confidentiality of medical records. | 18 | | Individuals certified under this Act, affected under this | 19 | | Section, shall be afforded an opportunity to demonstrate to | 20 | | the Department that they can resume practice in compliance | 21 | | with acceptable and prevailing standards under the provisions | 22 | | of the individual's their certification. | 23 | | (e) (Blank). | 24 | | (f) The Department may refuse to issue or may suspend | 25 | | without hearing, as provided for in the Code of Civil | 26 | | Procedure, the license of any person who fails to file a |
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| 1 | | return, to pay the tax, penalty, or interest shown in a filed | 2 | | return, or to pay any final assessment of tax, penalty, or | 3 | | interest as required by any tax Act administered by the | 4 | | Illinois Department of Revenue, until such time as the | 5 | | requirements of any such tax Act are satisfied in accordance | 6 | | with subsection (g) of Section 2105-15 of the Civil | 7 | | Administrative Code of Illinois. | 8 | | (Source: P.A. 100-872, eff. 8-14-18.)
| 9 | | (225 ILCS 415/23.1) (from Ch. 111, par. 6224)
| 10 | | (Section scheduled to be repealed on January 1, 2024)
| 11 | | Sec. 23.1. Injunctive actions; order to cease and desist. | 12 | | (a) If any person violates the provisions of this Act,
the | 13 | | Secretary may, in the name of the People of the State of | 14 | | Illinois, through
the Attorney General of the State of | 15 | | Illinois or the State's Attorney of the county in which the | 16 | | violation is alleged to have occurred, petition for an order | 17 | | enjoining
such violation or for an order enforcing compliance | 18 | | with this Act. Upon the
filing of a verified petition in such | 19 | | court, the court may issue a temporary
restraining order, | 20 | | without notice or bond, and may preliminarily and
permanently
| 21 | | enjoin such violation. If it is established that such person | 22 | | has violated
or is violating the injunction, the court may | 23 | | punish the offender for contempt
of court. Proceedings under | 24 | | this Section shall be in addition to, and not
in lieu of, all | 25 | | other remedies and penalties provided by this Act.
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| 1 | | (b) If any person practices as a certified shorthand | 2 | | reporter or holds
oneself himself or herself out as a | 3 | | certified shorthand reporter without being licensed
under the | 4 | | provisions of this Act then any certified shorthand reporter,
| 5 | | any interested party or any person injured thereby may, in | 6 | | addition to the
Secretary, petition for relief as provided in | 7 | | subsection (a).
| 8 | | (c) Whenever in the opinion of the Department any person | 9 | | violates any
provision of this Act, the Department may issue a | 10 | | rule to show cause why
an order to cease and desist should not | 11 | | be entered against that individual. The rule
shall clearly set | 12 | | forth the grounds relied upon by the Department and shall
| 13 | | provide a period of 7 days from the date of the rule to file an | 14 | | answer to
the satisfaction of the Department. Failure to | 15 | | answer to the satisfaction
of the Department shall cause an | 16 | | order to cease and desist to be issued
forthwith.
| 17 | | (Source: P.A. 98-445, eff. 12-31-13.)
| 18 | | (225 ILCS 415/23.2) (from Ch. 111, par. 6225)
| 19 | | (Section scheduled to be repealed on January 1, 2024)
| 20 | | Sec. 23.2. Investigations; notice and hearing. The | 21 | | Department may investigate
the actions of any applicant or of | 22 | | any person or persons holding or claiming to
hold a | 23 | | certificate. The Department shall, before refusing to issue or | 24 | | renew, or
taking disciplinary action against, a certificate, | 25 | | at least 30 days prior to
the date set for the hearing, notify |
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| 1 | | in writing the applicant for, or holder
of, a certificate of | 2 | | the nature of the charges and the time and place for a hearing
| 3 | | on the charges. The Department shall direct the applicant or | 4 | | licensee
to file a written answer to the charges with the Board | 5 | | under oath within 20 days after the
service of the notice and | 6 | | inform the applicant or licensee that failure to file
an | 7 | | answer will result in default being taken against the | 8 | | applicant or licensee. At the time and place fixed in the | 9 | | notice, the Department shall proceed to hear the charges and | 10 | | the parties or the parties' their counsel shall be accorded | 11 | | ample opportunity to present any pertinent statements, | 12 | | testimony, evidence, and arguments. The Department may | 13 | | continue the hearing from time to time. In case the person, | 14 | | after receiving the notice, fails to file an answer, the his or | 15 | | her license may, in the discretion of the Department, be | 16 | | revoked, suspended, or placed on probationary status or the | 17 | | Department may take whatever disciplinary action considered | 18 | | proper, including limiting the scope, nature, or extent of the | 19 | | person's practice or the imposition of a fine, without a | 20 | | hearing, if the act or acts charged constitute sufficient | 21 | | grounds for that action under this Act. The written notice and | 22 | | any notice in the subsequent proceeding may be served by | 23 | | regular registered or certified mail to the licensee's address | 24 | | of record or by electronic mail to the licensee's email | 25 | | address of record .
| 26 | | (Source: P.A. 98-445, eff. 12-31-13.)
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| 1 | | (225 ILCS 415/23.4) (from Ch. 111, par. 6227)
| 2 | | (Section scheduled to be repealed on January 1, 2024)
| 3 | | Sec. 23.4. Subpoenas; oaths. The Department may subpoena | 4 | | and bring
before it any person and to take the oral or written | 5 | | testimony or compel the production of any books, papers, | 6 | | records, or any other documents that the Secretary or the | 7 | | Secretary's his or her designee deems relevant or material to | 8 | | an investigation or hearing conducted by the Department with | 9 | | the same fees and mileage and in the same manner
as prescribed | 10 | | by law in judicial procedure in civil cases in courts of this
| 11 | | State.
| 12 | | The Secretary, the designated hearing officer, any member | 13 | | of the Board, or a certified shorthand court reporter may have | 14 | | power to administer oaths at any hearing which the
Department | 15 | | conducts. Notwithstanding any other statute or Department rule | 16 | | to the contrary, all requests for testimony and production of | 17 | | documents or records shall be in accordance with this Act.
| 18 | | (Source: P.A. 98-445, eff. 12-31-13.)
| 19 | | (225 ILCS 415/23.6) (from Ch. 111, par. 6229)
| 20 | | (Section scheduled to be repealed on January 1, 2024)
| 21 | | Sec. 23.6. Board report. At the conclusion of the hearing | 22 | | the Board shall present
to the Secretary a written report of | 23 | | its findings of fact, conclusions of
law and recommendations. | 24 | | The report shall contain a finding whether or
not the accused |
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| 1 | | person violated this Act or failed to comply with the
| 2 | | conditions
required in this Act. The Board shall specify the | 3 | | nature of the violation
or failure to comply, and shall make | 4 | | its recommendations to the Secretary.
The report of findings | 5 | | of fact, conclusions of law , and recommendations of
the Board | 6 | | shall be the basis for the Secretary's Department's action | 7 | | regarding
a certificate. If the Secretary disagrees in any | 8 | | regard with the report
of the Board he may issue an order in | 9 | | contravention thereof. The finding is not admissible in | 10 | | evidence against the person
in a criminal prosecution brought | 11 | | for the violation of this Act, but the hearing and findings are | 12 | | not a bar to a criminal prosecution brought for the violation | 13 | | of this Act.
| 14 | | (Source: P.A. 98-445, eff. 12-31-13.)
| 15 | | (225 ILCS 415/23.7) (from Ch. 111, par. 6230)
| 16 | | (Section scheduled to be repealed on January 1, 2024)
| 17 | | Sec. 23.7. Motion for rehearing. In any hearing involving | 18 | | the refusal to issue or renew, or
the taking of disciplinary | 19 | | action against, a certificate, a copy of the
Board's report | 20 | | shall be served upon the respondent by the Department as
| 21 | | provided in this Act for the service of the notice of hearing. | 22 | | Within 20
days after such service, the respondent may present | 23 | | to the Secretary Department a
motion in writing for a | 24 | | rehearing, which motion shall specify the particular
grounds | 25 | | therefor. If no motion
for rehearing is filed, then upon the |
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| 1 | | expiration of the time specified for
filing such a motion, or | 2 | | if a motion for rehearing is denied, then upon
such denial the | 3 | | Secretary may enter an order in accordance with | 4 | | recommendations
of the Board except as provided in Section | 5 | | 23.6. If the respondent shall
order from the reporting | 6 | | service, and pay for a transcript of the record
within the time | 7 | | for filing a motion for rehearing, the 20 day period within
| 8 | | which such a motion may be filed shall commence upon the | 9 | | delivery of the
transcript to the respondent.
| 10 | | (Source: P.A. 98-445, eff. 12-31-13.)
| 11 | | (225 ILCS 415/23.9) (from Ch. 111, par. 6232)
| 12 | | (Section scheduled to be repealed on January 1, 2024)
| 13 | | Sec. 23.9. Hearing officers, reports, and review. The | 14 | | Secretary
shall have the authority to appoint any attorney | 15 | | duly licensed to practice
law in the State of Illinois to serve | 16 | | as the hearing officer in any action
involving a refusal to | 17 | | issue or renew, or the taking of disciplinary action
against a | 18 | | certificate.
The hearing officer shall have full authority to | 19 | | conduct the hearing. The
hearing officer shall
report the | 20 | | hearing officer's his or her findings of fact, conclusions of | 21 | | law , and recommendations to the
Board and the Secretary . The | 22 | | Board shall have 60 days from receipt of the
report to review | 23 | | the report of the hearing officer and present the Board's | 24 | | their findings
of fact, conclusions of law , and | 25 | | recommendations to the Secretary. If the
Board fails to |
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| 1 | | present its report within the 60 day period, the Secretary may | 2 | | issue an order based on the report of the hearing officer. If | 3 | | the
Secretary disagrees with the report of the Board or | 4 | | hearing
officer, he may issue an order in contravention | 5 | | thereof.
| 6 | | (Source: P.A. 98-445, eff. 12-31-13.)
| 7 | | (225 ILCS 415/23.15) (from Ch. 111, par. 6238)
| 8 | | (Section scheduled to be repealed on January 1, 2024)
| 9 | | Sec. 23.15. Certification of record; receipt. The | 10 | | Department shall not be
required to certify any record
to the | 11 | | court or file any answer in court or otherwise appear in any | 12 | | court
in a judicial review proceeding, unless and until the | 13 | | Department has received from the plaintiff payment of the
| 14 | | costs of furnishing and certifying the record, which costs | 15 | | shall be determined by the Department. Exhibits shall be | 16 | | certified without cost. Failure on the part of
the plaintiff | 17 | | to file a receipt in court shall be grounds for
dismissal
of | 18 | | the action.
| 19 | | (Source: P.A. 98-445, eff. 12-31-13.)
| 20 | | (225 ILCS 415/24) (from Ch. 111, par. 6240)
| 21 | | (Section scheduled to be repealed on January 1, 2024)
| 22 | | Sec. 24. Administrative Procedure Act. The Illinois | 23 | | Administrative
Procedure Act is hereby expressly adopted and | 24 | | incorporated herein as if all of
the provisions of that Act |
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| 1 | | were included in this Act, except that the provision
of | 2 | | subsection (d) of Section 10-65 of the Illinois Administrative | 3 | | Procedure Act
that provides that at hearings the certificate | 4 | | holder has the right to show
compliance with all lawful | 5 | | requirements for retention, continuation or renewal
of | 6 | | certification is specifically excluded. For the purpose of | 7 | | this Act the
notice required under Section 10-25 of the | 8 | | Illinois Administrative Procedure
Act is deemed sufficient | 9 | | when mailed to the last known address of record or email | 10 | | address of record .
| 11 | | (Source: P.A. 98-445, eff. 12-31-13.)
| 12 | | (225 ILCS 415/26) (from Ch. 111, par. 6242)
| 13 | | (Section scheduled to be repealed on January 1, 2024)
| 14 | | Sec. 26.
Every shorthand reporter shall print the | 15 | | reporter's his or her name
and license or restricted license | 16 | | number on each transcript reported.
| 17 | | (Source: P.A. 87-481; 87-576 .)
| 18 | | (225 ILCS 415/26.1)
| 19 | | (Section scheduled to be repealed on January 1, 2024)
| 20 | | Sec. 26.1. Responsibility for notes. It is the licensee's | 21 | | responsibility to
preserve the licensee's his or her shorthand | 22 | | notes for a period of no less than 10 years from the date that | 23 | | the notes or transcripts were taken, except as otherwise | 24 | | prescribed by law, through storage
of the original paper
notes |
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| 1 | | or an electronic copy of either the shorthand notes or the | 2 | | English
transcript of the notes on computer disks, cassettes, | 3 | | backup tape systems,
optical or laser disk systems, or other | 4 | | retrieval systems available at the time that the notes or | 5 | | transcripts were taken.
| 6 | | (Source: P.A. 98-445, eff. 12-31-13.)
| 7 | | (225 ILCS 415/18 rep.)
| 8 | | Section 15. The Illinois Certified Shorthand Reporters Act | 9 | | of 1984 is amended by repealing Section 18.
| 10 | | Section 99. Effective date. This Section and Section 5 | 11 | | take effect upon becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 5 ILCS 80/4.34 | | | 4 | | 5 ILCS 80/4.39 | | | 5 | | 225 ILCS 415/4 | from Ch. 111, par. 6204 | | 6 | | 225 ILCS 415/4.1 new | | | 7 | | 225 ILCS 415/5 | from Ch. 111, par. 6205 | | 8 | | 225 ILCS 415/6 | from Ch. 111, par. 6206 | | 9 | | 225 ILCS 415/8 | from Ch. 111, par. 6208 | | 10 | | 225 ILCS 415/10 | from Ch. 111, par. 6210 | | 11 | | 225 ILCS 415/12.1 | | | 12 | | 225 ILCS 415/14 | from Ch. 111, par. 6214 | | 13 | | 225 ILCS 415/15 | from Ch. 111, par. 6215 | | 14 | | 225 ILCS 415/16 | from Ch. 111, par. 6216 | | 15 | | 225 ILCS 415/17 | from Ch. 111, par. 6217 | | 16 | | 225 ILCS 415/19 | from Ch. 111, par. 6219 | | 17 | | 225 ILCS 415/23 | from Ch. 111, par. 6223 | | 18 | | 225 ILCS 415/23.1 | from Ch. 111, par. 6224 | | 19 | | 225 ILCS 415/23.2 | from Ch. 111, par. 6225 | | 20 | | 225 ILCS 415/23.4 | from Ch. 111, par. 6227 | | 21 | | 225 ILCS 415/23.6 | from Ch. 111, par. 6229 | | 22 | | 225 ILCS 415/23.7 | from Ch. 111, par. 6230 | | 23 | | 225 ILCS 415/23.9 | from Ch. 111, par. 6232 | | 24 | | 225 ILCS 415/23.15 | from Ch. 111, par. 6238 | | 25 | | 225 ILCS 415/24 | from Ch. 111, par. 6240 | |
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| 1 | | 225 ILCS 415/26 | from Ch. 111, par. 6242 | | 2 | | 225 ILCS 415/26.1 | | | 3 | | 225 ILCS 415/18 rep. | |
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