(20 ILCS 2105/2105-15) Sec. 2105-15. General powers and duties. (a) The Department has, subject to the provisions of the Civil Administrative Code of Illinois, the following powers and duties: (1) To authorize examinations in English to ascertain |
| the qualifications and fitness of applicants to exercise the profession, trade, or occupation for which the examination is held.
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(2) To prescribe rules and regulations for a fair and
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| wholly impartial method of examination of candidates to exercise the respective professions, trades, or occupations.
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(3) To pass upon the qualifications of applicants for
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| licenses, certificates, and authorities, whether by examination, by reciprocity, or by endorsement.
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(4) To prescribe rules and regulations defining, for
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| the respective professions, trades, and occupations, what shall constitute a school, college, or university, or department of a university, or other institution, reputable and in good standing, and to determine the reputability and good standing of a school, college, or university, or department of a university, or other institution, reputable and in good standing, by reference to a compliance with those rules and regulations; provided, that no school, college, or university, or department of a university, or other institution that refuses admittance to applicants solely on account of race, color, creed, sex, sexual orientation, or national origin shall be considered reputable and in good standing.
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(5) To conduct hearings on proceedings to revoke,
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| suspend, refuse to renew, place on probationary status, or take other disciplinary action as authorized in any licensing Act administered by the Department with regard to licenses, certificates, or authorities of persons exercising the respective professions, trades, or occupations and to revoke, suspend, refuse to renew, place on probationary status, or take other disciplinary action as authorized in any licensing Act administered by the Department with regard to those licenses, certificates, or authorities.
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The Department shall issue a monthly disciplinary
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The Department shall refuse to issue or renew a
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| license to, or shall suspend or revoke a license of, any person who, after receiving notice, fails to comply with a subpoena or warrant relating to a paternity or child support proceeding. However, the Department may issue a license or renewal upon compliance with the subpoena or warrant.
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The Department, without further process or hearings,
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| shall revoke, suspend, or deny any license or renewal authorized by the Civil Administrative Code of Illinois to a person who is certified by the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) as being more than 30 days delinquent in complying with a child support order or who is certified by a court as being in violation of the Non-Support Punishment Act for more than 60 days. The Department may, however, issue a license or renewal if the person has established a satisfactory repayment record as determined by the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) or if the person is determined by the court to be in compliance with the Non-Support Punishment Act. The Department may implement this paragraph as added by Public Act 89-6 through the use of emergency rules in accordance with Section 5-45 of the Illinois Administrative Procedure Act. For purposes of the Illinois Administrative Procedure Act, the adoption of rules to implement this paragraph shall be considered an emergency and necessary for the public interest, safety, and welfare.
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(6) To transfer jurisdiction of any realty under the
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| control of the Department to any other department of the State Government or to acquire or accept federal lands when the transfer, acquisition, or acceptance is advantageous to the State and is approved in writing by the Governor.
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(7) To formulate rules and regulations necessary for
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| the enforcement of any Act administered by the Department.
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(8) To exchange with the Department of Healthcare and
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| Family Services information that may be necessary for the enforcement of child support orders entered pursuant to the Illinois Public Aid Code, the Illinois Marriage and Dissolution of Marriage Act, the Non-Support of Spouse and Children Act, the Non-Support Punishment Act, the Revised Uniform Reciprocal Enforcement of Support Act, the Uniform Interstate Family Support Act, the Illinois Parentage Act of 1984, or the Illinois Parentage Act of 2015. Notwithstanding any provisions in this Code to the contrary, the Department of Financial and Professional Regulation shall not be liable under any federal or State law to any person for any disclosure of information to the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) under this paragraph (8) or for any other action taken in good faith to comply with the requirements of this paragraph (8).
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(8.3) To exchange information with the Department of
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| Human Rights regarding recommendations received under paragraph (B) of Section 8-109 of the Illinois Human Rights Act regarding a licensee or candidate for licensure who has committed a civil rights violation that may lead to the refusal, suspension, or revocation of a license from the Department.
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(8.5) To accept continuing education credit for
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| mandated reporter training on how to recognize and report child abuse offered by the Department of Children and Family Services and completed by any person who holds a professional license issued by the Department and who is a mandated reporter under the Abused and Neglected Child Reporting Act. The Department shall adopt any rules necessary to implement this paragraph.
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(9) To perform other duties prescribed by law.
(a-5) Except in cases involving delinquency in complying with a child support order or violation of the Non-Support Punishment Act and notwithstanding anything that may appear in any individual licensing Act or administrative rule, no person or entity whose license, certificate, or authority has been revoked as authorized in any licensing Act administered by the Department may apply for restoration of that license, certification, or authority until 3 years after the effective date of the revocation.
(b) (Blank).
(c) For the purpose of securing and preparing evidence, and for the purchase of controlled substances, professional services, and equipment necessary for enforcement activities, recoupment of investigative costs, and other activities directed at suppressing the misuse and abuse of controlled substances, including those activities set forth in Sections 504 and 508 of the Illinois Controlled Substances Act, the Director and agents appointed and authorized by the Director may expend sums from the Professional Regulation Evidence Fund that the Director deems necessary from the amounts appropriated for that purpose. Those sums may be advanced to the agent when the Director deems that procedure to be in the public interest. Sums for the purchase of controlled substances, professional services, and equipment necessary for enforcement activities and other activities as set forth in this Section shall be advanced to the agent who is to make the purchase from the Professional Regulation Evidence Fund on vouchers signed by the Director. The Director and those agents are authorized to maintain one or more commercial checking accounts with any State banking corporation or corporations organized under or subject to the Illinois Banking Act for the deposit and withdrawal of moneys to be used for the purposes set forth in this Section; provided, that no check may be written nor any withdrawal made from any such account except upon the written signatures of 2 persons designated by the Director to write those checks and make those withdrawals. Vouchers for those expenditures must be signed by the Director. All such expenditures shall be audited by the Director, and the audit shall be submitted to the Department of Central Management Services for approval.
(d) Whenever the Department is authorized or required by law to consider some aspect of criminal history record information for the purpose of carrying out its statutory powers and responsibilities, then, upon request and payment of fees in conformance with the requirements of Section 2605-400 of the Illinois State Police Law, the Illinois State Police is authorized to furnish, pursuant to positive identification, the information contained in State files that is necessary to fulfill the request.
(e) The provisions of this Section do not apply to private business and vocational schools as defined by Section 15 of the Private Business and Vocational Schools Act of 2012.
(f) (Blank).
(f-5) Notwithstanding anything that may appear in any individual licensing statute or administrative rule, the Department shall allow an applicant to provide his or her individual taxpayer identification number as an alternative to providing a social security number when applying for a license.
(g) Notwithstanding anything that may appear in any individual licensing statute or administrative rule, the Department shall deny any license application or renewal authorized under any licensing Act administered by the Department to any person who has failed to file a return, or to pay the tax, penalty, or interest shown in a filed return, or to pay any final assessment of tax, penalty, or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirement of any such tax Act are satisfied; however, the Department may issue a license or renewal if the person has established a satisfactory repayment record as determined by the Illinois Department of Revenue. For the purpose of this Section, "satisfactory repayment record" shall be defined by rule.
In addition, a complaint filed with the Department by the Illinois Department of Revenue that includes a certification, signed by its Director or designee, attesting to the amount of the unpaid tax liability or the years for which a return was not filed, or both, is prima facie evidence of the licensee's failure to comply with the tax laws administered by the Illinois Department of Revenue. Upon receipt of that certification, the Department shall, without a hearing, immediately suspend all licenses held by the licensee. Enforcement of the Department's order shall be stayed for 60 days. The Department shall provide notice of the suspension to the licensee by mailing a copy of the Department's order to the licensee's address of record or emailing a copy of the order to the licensee's email address of record. The notice shall advise the licensee that the suspension shall be effective 60 days after the issuance of the Department's order unless the Department receives, from the licensee, a request for a hearing before the Department to dispute the matters contained in the order.
Any suspension imposed under this subsection (g) shall be terminated by the Department upon notification from the Illinois Department of Revenue that the licensee is in compliance with all tax laws administered by the Illinois Department of Revenue.
The Department may promulgate rules for the administration of this subsection (g).
(g-5) Notwithstanding anything that may appear in any individual licensing statute or administrative rule, the Department shall refuse the issuance or renewal of a license to, or suspend or revoke the license of, any individual, corporation, partnership, or other business entity that has been found by the Illinois Workers' Compensation Commission or the Department of Insurance to have failed to (i) secure workers' compensation obligations in the manner required by subsections (a) and (b) of Section 4 of the Workers' Compensation Act, (ii) pay in full a fine or penalty imposed due to a failure to secure workers' compensation obligations in the manner required by subsections (a) and (b) of Section 4 of the Workers' Compensation Act, or (iii) fulfill all obligations assumed pursuant to a settlement reached with the Illinois Workers' Compensation Commission or the Department of Insurance relating to a failure to secure workers' compensation obligations in the manner required by subsections (a) and (b) of Section 4 of the Workers' Compensation Act. No initial or renewal license shall be issued, and no suspended license shall be reinstated, until such time that the Department is notified by the Illinois Workers' Compensation Commission or the Department of Insurance that the licensee's or applicant's failure to comply with subsections (a) and (b) of Section 4 of the Workers' Compensation Act has been corrected or otherwise resolved to satisfaction of the Illinois Workers' Compensation Commission or the Department of Insurance.
In addition, a complaint filed with the Department by the Illinois Workers' Compensation Commission or the Department of Insurance that includes a certification, signed by its Director or Chairman, or the Director or Chairman's designee, attesting to a finding of the failure to secure workers' compensation obligations in the manner required by subsections (a) and (b) of Section 4 of the Workers' Compensation Act or the failure to pay any fines or penalties or to discharge any obligation under a settlement relating to the failure to secure workers' compensation obligations in the manner required by subsections (a) and (b) of Section 4 of the Workers' Compensation Act is prima facie evidence of the licensee's or applicant's failure to comply with subsections (a) and (b) of Section 4 of the Workers' Compensation Act. Upon receipt of that certification, the Department shall, without a hearing, immediately suspend all licenses held by the licensee or the processing of any application from the applicant. Enforcement of the Department's order shall be stayed for 60 days. The Department shall provide notice of the suspension to the licensee by mailing a copy of the Department's order to the licensee's address of record or emailing a copy of the order to the licensee's email address of record. The notice shall advise the licensee that the suspension shall be effective 60 days after the issuance of the Department's order unless the Department receives from the licensee or applicant a request for a hearing before the Department to dispute the matters contained in the order.
Any suspension imposed under this subsection shall be terminated by the Department upon notification from the Illinois Workers' Compensation Commission or the Department of Insurance that the licensee's or applicant's failure to comply with subsections (a) and (b) of Section 4 of the Workers' Compensation Act has been corrected or otherwise resolved to the satisfaction of the Illinois Workers' Compensation Commission or the Department of Insurance.
No license shall be suspended or revoked until after the licensee is afforded any due process protection guaranteed by statute or rule adopted by the Illinois Workers' Compensation Commission or the Department of Insurance.
The Department may adopt rules for the administration of this subsection.
(h) The Department may grant the title "Retired", to be used immediately adjacent to the title of a profession regulated by the Department, to eligible retirees. For individuals licensed under the Medical Practice Act of 1987, the title "Retired" may be used in the profile required by the Patients' Right to Know Act. The use of the title "Retired" shall not constitute representation of current licensure, registration, or certification. Any person without an active license, registration, or certificate in a profession that requires licensure, registration, or certification shall not be permitted to practice that profession.
(i) The Department shall make available on its website general information explaining how the Department utilizes criminal history information in making licensure application decisions, including a list of enumerated offenses that serve as a statutory bar to licensure.
(Source: P.A. 102-538, eff. 8-20-21; 103-26, eff. 1-1-24; 103-605, eff. 7-1-24.)
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(20 ILCS 2105/2105-130) Sec. 2105-130. Determination of disciplinary sanctions. (a) Following disciplinary proceedings as authorized in any licensing Act administered by the Department, upon a finding by the Department that a person has committed a violation of the licensing Act with regard to licenses, certificates, or authorities of persons exercising the respective professions, trades, or occupations, the Department may revoke, suspend, refuse to renew, place on probationary status, fine, or take any other disciplinary action as authorized in the licensing Act with regard to those licenses, certificates, or authorities. When making a determination of the appropriate disciplinary sanction to be imposed, the Department shall consider only evidence contained in the record. The Department shall consider any aggravating or mitigating factors contained in the record when determining the appropriate disciplinary sanction to be imposed. (b) When making a determination of the appropriate disciplinary sanction to be imposed on a licensee, the Department shall consider, but is not limited to, the following aggravating factors contained in the record: (1) the seriousness of the offenses; (2) the presence of multiple offenses; (3) prior disciplinary history, including actions |
| taken by other agencies in this State, by other states or jurisdictions, hospitals, health care facilities, residency programs, employers, or professional liability insurance companies or by any of the armed forces of the United States or any state;
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(4) the impact of the offenses on any injured party;
(5) the vulnerability of any injured party,
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| including, but not limited to, consideration of the injured party's age, disability, or mental illness;
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(6) the motive for the offenses;
(7) the lack of contrition for the offenses;
(8) financial gain as a result of committing the
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(9) the lack of cooperation with the Department or
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| other investigative authorities.
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(c) When making a determination of the appropriate disciplinary sanction to be imposed on a licensee, the Department shall consider, but is not limited to, the following mitigating factors contained in the record:
(1) the lack of prior disciplinary action by the
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| Department or by other agencies in this State, by other states or jurisdictions, hospitals, health care facilities, residency programs, employers, insurance providers, or by any of the armed forces of the United States or any state;
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(2) contrition for the offenses;
(3) cooperation with the Department or other
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(4) restitution to injured parties;
(5) whether the misconduct was self-reported; and
(6) any voluntary remedial actions taken.
(Source: P.A. 100-286, eff. 1-1-18 .)
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(20 ILCS 2105/2105-131) Sec. 2105-131. Applicants with criminal convictions; notice of denial. (a) For the purposes of this Section, "mitigating factors" means any information, evidence, conduct, or circumstances before, during, or after the offense or offenses reviewed by the Department that may reflect on an applicant's request for licensure, registration, or certification through the Department, such as 3 years having passed since release from confinement. Mitigating factors are not a bar to licensure, instead they provide guidance for the Department when considering licensure, registration, or certification for an applicant with criminal history. Except as provided in Section 2105-165 of this Act regarding licensing restrictions based on enumerated offenses for health care workers as defined in the Health Care Worker Self-Referral Act and except as provided in any licensing Act administered by the Department in which convictions of certain enumerated offenses are a bar to licensure, the Department, upon a finding that an applicant for a license, certificate, or registration was previously convicted of a felony or misdemeanor that may be grounds for refusing to issue a license or certificate or to grant a registration, shall consider any mitigating factors and evidence of rehabilitation contained in the applicant's record, including the circumstances surrounding the offense or offenses and any of the following, to determine whether a prior conviction will impair the ability of the applicant to engage in the practice for which a license, certificate, or registration is sought: (1) the lack of direct relation of the offense for |
| which the applicant was previously convicted to the duties, functions, and responsibilities of the position for which a license is sought;
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(2) any mitigating factors from the point of arrest
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| or indictment when determined to be appropriate, unless otherwise specified and including, but not limited to, whether 5 years since a felony conviction or 3 years since release from confinement for the conviction, whichever is later, have passed without a subsequent conviction;
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(3) if the applicant was previously licensed or
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| employed in this State or other states or jurisdictions, the lack of prior misconduct arising from or related to the licensed position or position of employment;
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(4) the age of the person at the time of the criminal
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(4.5) if, due to the applicant's criminal conviction
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| history, the applicant would be explicitly prohibited by federal rules or regulations from working in the position for which a license is sought;
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(5) successful completion of sentence and, for
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| applicants serving a term of parole or probation, a progress report provided by the applicant's probation or parole officer that documents the applicant's compliance with conditions of supervision;
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(6) evidence of the applicant's present fitness and
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(7) evidence of rehabilitation or rehabilitative
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| effort during or after incarceration, or during or after a term of supervision, including, but not limited to, a certificate of good conduct under Section 5-5.5-25 of the Unified Code of Corrections or certificate of relief from disabilities under Section 5-5.5-10 of the Unified Code of Corrections; and
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(8) any other mitigating factors that contribute to
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| the person's potential and current ability to perform the job duties.
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(b) If the Department refuses to issue a license or certificate or grant registration to an applicant based upon a conviction or convictions, in whole or in part, the Department shall notify the applicant of the denial in writing with the following included in the notice of denial:
(1) a statement about the decision to refuse to grant
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| a license, certificate, or registration, including an explanation of how the conviction directly relates to and would prevent the person from effectively engaging in the position for which a license, registration, or certificate is sought;
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(2) a list of convictions that the Department
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| determined will impair the applicant's ability to engage in the position for which a license, registration, or certificate is sought;
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(3) a list of convictions that formed the sole or
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| partial basis for the refusal to issue a license or certificate or grant registration; and
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(4) a summary of the appeal process or the earliest
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| the applicant may reapply for a license, certificate, or registration, whichever is applicable.
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(c) The Department shall post on its website a list of all State licensing restrictions that would prohibit an applicant from working in a position for which a license is sought.
(Source: P.A. 101-388, eff. 1-1-20; 102-105, eff. 1-1-22 .)
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(20 ILCS 2105/2105-135) Sec. 2105-135. Qualification for licensure or registration; good moral character; applicant conviction records. (a) The practice of professions licensed or registered by the Department is hereby declared to affect the public health, safety, and welfare and to be subject to regulation and control in the public interest. It is further declared to be a matter of public interest and concern that persons who are licensed or registered to engage in any of the professions licensed or registered by the Department are of good moral character, which shall be a continuing requirement of licensure or registration so as to merit and receive the confidence and trust of the public. Upon a finding by the Department that a person has committed a violation of the disciplinary grounds of any licensing Act administered by the Department with regard to licenses, certificates, or authorities of persons exercising the respective professions, trades, or occupations, the Department is authorized to revoke, suspend, refuse to renew, place on probationary status, fine, or take any other disciplinary action it deems warranted against any licensee or registrant whose conduct violates the continuing requirement of good moral character. (b) No application for licensure or registration shall be denied by reason of a finding of lack of good moral character when the finding is based solely upon the fact that the applicant has previously been convicted of one or more criminal offenses. When reviewing a prior conviction of an initial applicant for the purpose of determining good moral character, the Department shall consider evidence of rehabilitation and mitigating factors in the applicant's record, including those set forth in subsection (a) of Section 2105-131 of this Act. (c) The Department shall not require applicants to report the following information and shall not consider the following criminal history records in connection with an application for licensure or registration:
(1) juvenile adjudications of delinquent minors as |
| defined in Section 5-105 of the Juvenile Court Act of 1987 subject to the restrictions set forth in Section 5-130 of that Act;
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(2) law enforcement records, court records, and
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| conviction records of an individual who was 17 years old at the time of the offense and before January 1, 2014, unless the nature of the offense required the individual to be tried as an adult;
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(3) records of arrest not followed by a charge or
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(4) records of arrest where the charges were
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| dismissed unless related to the practice of the profession; however, applicants shall not be asked to report any arrests, and an arrest not followed by a conviction shall not be the basis of a denial and may be used only to assess an applicant's rehabilitation;
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(5) convictions overturned by a higher court; or
(6) convictions or arrests that have been sealed or
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(Source: P.A. 100-286, eff. 1-1-18 .)
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(20 ILCS 2105/2105-165) Sec. 2105-165. Health care worker licensure actions; sex crimes. (a) When a licensed health care worker, as defined in the Health Care Worker Self-Referral Act, (1) has been convicted of a criminal act that requires registration under the Sex Offender Registration Act; (1.5) has been convicted of involuntary sexual servitude of a minor under subsection (c) of Section 10-9 or subsection (b) of Section 10A-10 of the Criminal Code of 1961 or the Criminal Code of 2012; (2) has been convicted of a criminal battery against any patient in the course of patient care or treatment, including any offense based on sexual conduct or sexual penetration; (3) has been convicted of a forcible felony; or (4) is required as a part of a criminal sentence to register under the Sex Offender Registration Act, then, notwithstanding any other provision of law to the contrary, except as provided in this Section, the license of the health care worker shall by operation of law be permanently revoked without a hearing. (a-1) If a licensed health care worker has been convicted of a forcible felony, other than a forcible felony requiring registration under the Sex Offender Registration Act, involuntary sexual servitude of a minor that is a forcible felony, or a criminal battery against any patient in the course of patient care or treatment, is not required to register as a sex offender, and has had his or her license revoked pursuant to item (3) of subsection (a) of this Section, then the health care worker may petition the Department to restore his or her license if more than 5 years have passed since the conviction or more than 3 years have passed since the health care worker's release from confinement for that conviction, whichever is later. In determining whether a license shall be restored, the Department shall consider, but is not limited to, the following factors: (1) the seriousness of the offense; (2) the presence of multiple offenses; (3) prior disciplinary history, including, but not |
| limited to, actions taken by other agencies in this State or by other states or jurisdictions, hospitals, health care facilities, residency programs, employers, insurance providers, or any of the armed forces of the United States or any state;
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(4) the impact of the offense on any injured party;
(5) the vulnerability of any injured party,
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| including, but not limited to, consideration of the injured party's age, disability, or mental illness;
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(6) the motive for the offense;
(7) the lack of contrition for the offense;
(8) the lack of cooperation with the Department or
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| other investigative authorities;
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(9) the lack of prior disciplinary action, including,
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| but not limited to, action by the Department or by other agencies in this State or by other states or jurisdictions, hospitals, health care facilities, residency programs, employers, insurance providers, or any of the armed forces of the United States or any state;
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(10) contrition for the offense;
(11) cooperation with the Department or other
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| investigative authorities;
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(12) restitution to injured parties;
(13) whether the misconduct was self-reported;
(14) any voluntary remedial actions taken or other
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| evidence of rehabilitation; and
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(15) the date of conviction.
(b) No person who has been convicted of any offense listed in subsection (a) or required to register as a sex offender may receive a license as a health care worker in Illinois. The process for petition and review by the Department provided in subsection (a-1) shall also apply to a person whose application for licensure is denied pursuant to item (3) of subsection (a) of this Section for a conviction of a forcible felony, other than a forcible felony requiring registration under the Sex Offender Registration Act, involuntary sexual servitude of a minor that is a forcible felony, or a criminal battery against any patient in the course of patient care or treatment, who is not required to register as a sex offender.
(c) Immediately after a licensed health care worker, as defined in the Health Care Worker Self-Referral Act, has been charged with any offense for which the sentence includes registration as a sex offender; involuntary sexual servitude of a minor; a criminal battery against a patient, including any offense based on sexual conduct or sexual penetration, in the course of patient care or treatment; or a forcible felony; then the prosecuting attorney shall provide notice to the Department of the health care worker's name, address, practice address, and license number and the patient's name and a copy of the criminal charges filed. Within 5 business days after receiving notice from the prosecuting attorney of the filing of criminal charges against the health care worker, the Secretary shall issue an administrative order that the health care worker shall immediately practice only with a chaperone during all patient encounters pending the outcome of the criminal proceedings. The chaperone must be a licensed health care worker. The chaperone shall provide written notice to all of the health care worker's patients explaining the Department's order to use a chaperone. Each patient shall sign an acknowledgement that they received the notice. The notice to the patient of criminal charges shall include, in 14-point font, the following statement: "The health care worker is presumed innocent until proven guilty of the charges.". The licensed health care worker shall provide a written plan of compliance with the administrative order that is acceptable to the Department within 5 days after receipt of the administrative order. Failure to comply with the administrative order, failure to file a compliance plan, or failure to follow the compliance plan shall subject the health care worker to temporary suspension of his or her professional license until the completion of the criminal proceedings.
(d) Nothing contained in this Section shall act in any way to waive or modify the confidentiality of information provided by the prosecuting attorney to the extent provided by law. Any information reported or disclosed shall be kept for the confidential use of the Secretary, Department attorneys, the investigative staff, and authorized clerical staff and shall be afforded the same status as is provided information under Part 21 of Article VIII of the Code of Civil Procedure, except that the Department may disclose information and documents to (1) a federal, State, or local law enforcement agency pursuant to a subpoena in an ongoing criminal investigation or (2) an appropriate licensing authority of another state or jurisdiction pursuant to an official request made by that authority. Any information and documents disclosed to a federal, State, or local law enforcement agency may be used by that agency only for the investigation and prosecution of a criminal offense. Any information or documents disclosed by the Department to a professional licensing authority of another state or jurisdiction may only be used by that authority for investigations and disciplinary proceedings with regards to a professional license.
(e) Any licensee whose license was revoked or who received an administrative order under this Section shall have the revocation or administrative order vacated and completely removed from the licensee's records and public view and the revocation or administrative order shall be afforded the same status as is provided information under Part 21 of Article VIII of the Code of Civil Procedure if (1) the charges upon which the revocation or administrative order is based are dropped; (2) the licensee is not convicted of the charges upon which the revocation or administrative order is based; or (3) any conviction for charges upon which the revocation or administrative order was based have been vacated, overturned, or reversed.
(f) Nothing contained in this Section shall prohibit the Department from initiating or maintaining a disciplinary action against a licensee independent from any criminal charges, conviction, or sex offender registration.
(g) The Department may adopt rules necessary to implement this Section.
(Source: P.A. 99-886, eff. 1-1-17; 100-262, eff. 8-22-17.)
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(20 ILCS 2105/2105-205) (was 20 ILCS 2105/60.3)
Sec. 2105-205. Publication of disciplinary actions; annual report. (a) The
Department shall publish on its website, at least monthly, final disciplinary actions taken by
the Department against a licensee or applicant pursuant to any licensing Act administered by the Department. The specific disciplinary action and the name of the applicant or
licensee shall be listed.
(b) No later than May 1 of each year, the Department must prepare, publicly announce, and publish a report of summary statistical information relating to new license, certification, or registration applications during the preceding calendar year. Each report shall show at minimum: (1) the number of applicants for each new license, |
| certificate, or registration administered by the Department in the previous calendar year;
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(2) the number of applicants for a new license,
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| certificate, or registration within the previous calendar year who had any criminal conviction;
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(3) the number of applicants for a new license,
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| certificate, or registration in the previous calendar year who were granted a license, registration, or certificate;
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(4) the number of applicants for a new license,
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| certificate, or registration within the previous calendar year with a criminal conviction who were granted a license, certificate, or registration in the previous calendar year;
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(5) the number of applicants for a new license,
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| certificate, or registration in the previous calendar year who were denied a license, registration, or certificate;
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(6) the number of applicants for new license,
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| certificate, or registration in the previous calendar year with a criminal conviction who were denied a license, certificate, or registration in part or in whole because of such conviction, including the types of criminal convictions;
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(7) the number of licenses issued on probation within
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| the previous calendar year to applicants with a criminal conviction; and
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(8) the number of licensees or certificate holders
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| who were granted expungement for a record of discipline based on a conviction predating licensure, certification, or registration or a criminal charge, arrest, or conviction that was dismissed, sealed, or expunged or did not arise from the regulated activity, as a share of the total such expungement requests.
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(Source: P.A. 102-105, eff. 1-1-22 .)
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(20 ILCS 2105/2105-207) Sec. 2105-207. Records of Department actions. (a) Any licensee subject to a licensing Act administered by the Department and who has been subject to disciplinary action by the Department may file an application with the Department on forms provided by the Department, along with the required fee of $175, to have the records classified as confidential, not for public release, and considered expunged for reporting purposes if: (1) the application is submitted more than 3 years |
| after the disciplinary offense or offenses occurred or after restoration of the license, whichever is later;
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(2) the licensee has had no incidents of discipline
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| under the licensing Act since the disciplinary offense or offenses identified in the application occurred;
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(3) the Department has no pending investigations
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| against the licensee; and
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(4) the licensee is not currently in a disciplinary
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(b) An application to make disciplinary records confidential shall only be considered by the Department for an offense or action relating to:
(1) failure to pay taxes;
(2) continuing education;
(3) failure to renew a license on time;
(4) failure to obtain or renew a certificate of
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(5) advertising;
(5.1) discipline based on criminal charges or
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(A) that did not arise from the licensed activity
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(B) that were dismissed or for which records have
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(5.2) past probationary status of a license issued to
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(6) any grounds for discipline removed from the
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(7) failure to comply with workers' compensation
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(8) reprimand of a licensee.
(c) An application shall be submitted to and considered by the Director upon submission of an application and the required non-refundable fee. The Department may establish additional requirements by rule. The Department is not required to report the removal of any disciplinary record to any national database. Nothing in this Section shall prohibit the Department from using a previous discipline for any regulatory purpose or from releasing records of a previous discipline upon request from law enforcement, or other governmental body as permitted by law. Classification of records as confidential shall result in removal of records of discipline from records kept pursuant to Sections 2105-200 and 2105-205 of this Act.
(d) Any applicant for licensure or a licensee whose petition for review is granted by the Department pursuant to subsection (a-1) of Section 2105-165 of this Law may file an application with the Department on forms provided by the Department to have records relating to his or her permanent denial or permanent revocation classified as confidential and not for public release and considered expunged for reporting purposes in the same manner and under the same terms as is provided in this Section for the offenses listed in subsection (b) of this Section, except that the requirements of a 3-year waiting period and the $175 application fee do not apply.
(Source: P.A. 103-26, eff. 1-1-24 .)
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(20 ILCS 2105/2105-300) (was 20 ILCS 2105/61e)
Sec. 2105-300. Professions Indirect Cost Fund; allocations;
analyses. (a) Appropriations for the direct and allocable indirect costs of licensing
and regulating each regulated profession, trade, occupation, or industry are intended to
be payable from the fees and fines that are assessed and collected from that
profession, trade, occupation, or industry, to the extent that those fees and fines are
sufficient. In any fiscal year in which the fees and fines generated by a
specific profession, trade, occupation, or industry are insufficient to finance the
necessary direct and allocable indirect costs of licensing and regulating that
profession, trade,
occupation, or industry, the remainder of those costs shall be
financed from appropriations payable from revenue sources other than fees and
fines. The direct and allocable indirect costs of the Department identified in
its cost allocation plans that are not attributable to the licensing and
regulation of a specific profession, trade, or occupation, or industry or group of
professions, trades, occupations, or industries shall be financed from appropriations from
revenue sources other than fees and fines.
(b) The Professions Indirect Cost Fund is hereby created as a special fund
in the State Treasury. The Fund may receive transfers of moneys authorized by
the Department from the cash balances in special
funds that receive revenues from the fees and fines associated with the
licensing of regulated professions, trades, occupations, and industries by the Department.
Moneys in the Fund shall be invested and earnings on the investments shall
be retained in the Fund.
Subject to appropriation, the Department shall use moneys in the Fund to pay
the ordinary and necessary allocable indirect expenses associated with each of
the regulated professions, trades,
occupations, and industries.
(c) Before the beginning of each fiscal year, the Department shall prepare
a cost allocation analysis to be used in establishing the necessary
appropriation levels for each cost purpose and revenue source. At the
conclusion of each fiscal year, the Department shall prepare a cost allocation
analysis reflecting the extent of the variation between how the costs were
actually financed in that year and the planned cost allocation for that year.
Variations between the planned and actual cost allocations for the prior fiscal
year shall be adjusted into the Department's planned cost allocation for the
next fiscal year.
Each cost allocation analysis shall separately identify the direct and
allocable indirect costs of each regulated profession, trade, occupation, or industry and
the costs of the Department's general public health and safety purposes.
The analyses shall determine whether the direct and allocable indirect
costs of each regulated profession, trade,
occupation, or industry and the costs of the
Department's general public health and safety purposes are sufficiently
financed from their respective funding sources. The Department shall prepare
the cost allocation analyses in consultation with the respective regulated
professions, trades, occupations, and industries and shall make copies of the analyses
available to them in a timely fashion.
(d) The Department may direct the State Comptroller and Treasurer to
transfer moneys from the special funds that receive fees and fines associated
with regulated professions, trades, occupations, and industries into the Professions
Indirect Cost Fund in accordance with the Department's cost allocation analysis
plan for the applicable fiscal year. For a given fiscal year, the Department
shall not direct the transfer of moneys under this subsection from a special
fund associated with a specific regulated profession, trade, occupation, or industry (or
group of professions, trades, occupations, or industries) in an amount exceeding the
allocable indirect costs associated with that profession, trade, occupation, or industry
(or group of professions, trades, occupations, or industries) as provided in the cost
allocation analysis for that fiscal year and adjusted for allocation variations
from the prior fiscal year. No direct costs identified in the cost allocation
plan shall be used as a basis for transfers into the Professions Indirect Cost
Fund or for expenditures from the Fund.
(e) (Blank). (Source: P.A. 103-363, eff. 7-28-23.)
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(20 ILCS 2105/2105-380) (Section scheduled to be repealed on January 1, 2026) Sec. 2105-380. Extension of expiration dates or renewal periods for specified licenses, registrations, or certificates. (a) If the Secretary finds that there is a significant operational need to do so or that it is necessary to do so to avoid undue hardship on a class of individuals whose professional licenses, registrations, or certificates are issued by the Department, then the Secretary shall extend the expiration date or renewal period of the license, registration, or certificate of those individuals for a period not to exceed the standard renewal period for those licenses, registrations, or certificates. Factors that may be considered by the Secretary when determining whether to extend the expiration date or renewal period shall include, but are not limited to: (1) the number of applications pending; (2) the percentage of applicants or licensees, |
| registrants, or certificate holders waiting for Department action on their applications compared to the number of licensees, registrants, or certificate holders in the profession;
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(3) the number of licenses, registrations, or
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| certificates that have expired while pending Department action on renewal;
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(4) whether there is a shortage of licensees,
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(5) the potential impact on the Department's
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(6) any other licensing-related factors that are
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(b) The Secretary shall waive the payment of late fees for a licensee, registrant, or certificate holder in a profession whose expiration date or renewal period has been extended under this Section and in those cases where Department processing delays result in the expiration of a license, registration, or certificate.
(c) The Department may adopt rules or emergency rules to implement and administer this Section.
(d) This Section is repealed January 1, 2026.
(Source: P.A. 103-568, eff. 12-8-23; 103-601, eff. 7-1-24.)
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(20 ILCS 2105/2105-400)
Sec. 2105-400. Emergency powers. (a) Upon proclamation of a disaster by the Governor, as provided for in the Illinois Emergency Management Agency Act, the Secretary of Financial and Professional Regulation shall have the following powers, which shall be exercised only in coordination with the Illinois Emergency Management Agency and the Department of Public Health:
(1) The power to suspend the requirements for |
| permanent or temporary licensure of persons who are licensed in another state and are working pursuant to a declared disaster.
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(2) The power to modify the scope of practice
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| restrictions under any licensing act administered by the Department for any person working under the direction of the Illinois Emergency Management Agency and the Illinois Department of Public Health pursuant to the declared disaster.
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(3) The power to expand the exemption in Section 4(a)
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| of the Pharmacy Practice Act to those licensed professionals whose scope of practice has been modified, under paragraph (2) of subsection (a) of this Section, to include any element of the practice of pharmacy as defined in the Pharmacy Practice Act for any person working under the direction of the Illinois Emergency Management Agency and the Illinois Department of Public Health pursuant to the declared disaster.
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(b) Persons exempt from licensure under paragraph (1) of subsection (a) of this Section and persons operating under modified scope of practice provisions under paragraph (2) of subsection (a) of this Section shall be exempt from licensure or be subject to modified scope of practice only until the declared disaster has ended as provided by law. For purposes of this Section, persons working under the direction of an emergency services and disaster agency accredited by the Illinois Emergency Management Agency and a local public health department, pursuant to a declared disaster, shall be deemed to be working under the direction of the Illinois Emergency Management Agency and the Department of Public Health.
(c) The Secretary or the Director, as his or her designee, shall exercise these powers by way of proclamation.
(d) Any person who was issued a temporary out-of-state permit by the Department pursuant to a proclamation issued by the Secretary or related action by the Director in response to the COVID-19 pandemic may continue to practice under his or her temporary out-of-state permit if he or she submits an application for licensure by endorsement to the Department on or before May 11, 2023. Any such person may continue to practice under his or her temporary out-of-state permit until the Department issues the license or denies the application, at which time the temporary out-of-state permit shall expire. If the Department does not issue the license or does
not deny the application by May 11, 2024, the temporary out-of-state permit shall expire. If the person holding a temporary out-of-state permit does not submit an application for licensure by endorsement to the Department on or before May 11, 2023, the temporary out-of-state COVID permit shall expire on that date. The Secretary may extend the May 11, 2023 deadline under this subsection for an additional 60 days. This subsection applies to the following licensed professions: physician; registered nurse; practical nurse; advanced practice registered nurse; full practice advanced practice registered nurse; pharmacist; occupational therapist; occupational therapy assistant; physical therapist; physical therapist assistant; clinical psychologist; physician assistant; clinical social worker; social worker; dietitian nutritionist; professional counselor; clinical professional counselor; and respiratory care practitioner.
(e) Any person who was issued a temporary reinstatement permit by the Department pursuant to a proclamation issued by the Secretary or related action by the Director in response to the COVID-19 pandemic may continue to practice under his or her temporary reinstatement permit if he or she submits an application for restoration or reinstatement of his or her license to the Department on or before May 11, 2023. Any such person may continue to practice under his or her temporary reinstatement permit until the Department restores or reinstates the license or denies the application, at which time the temporary reinstatement permit shall expire. If the Department does not restore or reinstate the license or does not deny the application by May 11, 2024, the temporary reinstatement permit shall expire. If the person holding a temporary reinstatement permit does not submit an application for restoration or reinstatement to the Department on or before May 11, 2023, the temporary reinstatement permit shall expire on that date. The Secretary may extend the May 11, 2023 deadline under this subsection for an additional 60 days. This subsection applies to the following licensed professions: physician; registered nurse; practical nurse; advanced practice registered nurse; full practice advanced practice registered nurse; pharmacist; occupational therapist; occupational therapy assistant; physical therapist; physical therapist assistant; clinical psychologist; physician assistant; clinical social worker; social worker; dietitian nutritionist; professional counselor; clinical professional counselor; and respiratory care practitioner.
(Source: P.A. 103-1, eff. 4-27-23.)
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