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90_HB0892 225 ILCS 415/23 from Ch. 111, par. 6223 Amends the Illinois Certified Shorthand Reporters Act to subject persons regulated under this Act to disciplinary action for willfully failing to systematically retain stenographic notes, recordings or transcripts, including paper or electronic media, for a 5-year period. Effective immediately. LRB9003316DPcc LRB9003316DPcc 1 AN ACT to amend the Illinois Certified Shorthand 2 Reporters Act of 1984 by changing Section 23. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Certified Shorthand Reporters 6 Act of 1984 is amended by changing Section 23 as follows: 7 (225 ILCS 415/23) (from Ch. 111, par. 6223) 8 Sec. 23. Grounds for disciplinary action. 9 (a) The Department may refuse to issue or renew, or may 10 revoke, suspend, place on probation, reprimand or take other 11 disciplinary action as the Department may deem appropriate, 12 including fines not to exceed $5,000 for each violation, with 13 regard to any license for any one or combination of the 14 following: 15 (1) Material misstatement in furnishing information 16 to the Department; 17 (2) Violations of this Act, or of the rules 18 promulgated thereunder; 19 (3) Conviction of any crime under the laws of the 20 United States or any state or territory thereof which is 21 a felony or which is a misdemeanor, an essential element 22 of which is dishonesty, or of any crime which is directly 23 related to the practice of shorthand reporting; 24 (4) Making any misrepresentation for the purpose of 25 obtaining certification, or violating any provision of 26 this Act or the rules promulgated thereunder pertaining 27 to advertising; 28 (5) Having demonstrated unworthiness, or 29 incompetency to act as a certified shorthand reporter in 30 such manner as to safeguard the interest of the public; 31 (6) Aiding or assisting another person, firm, -2- LRB9003316DPcc 1 partnership or corporation in violating any provision of 2 this Act or rules; 3 (7) Failing, within 60 days, to provide information 4 in response to a written request made by the Department; 5 (8) Engaging in dishonorable, unethical or 6 unprofessional conduct of a character likely to deceive, 7 defraud or harm the public; 8 (9) Habitual intoxication or addiction to the use 9 of drugs; 10 (10) Discipline by another state, the District of 11 Columbia, a territory, or foreign nation, if at least one 12 of the grounds for the discipline is the same or 13 substantially equivalent to those set forth herein; 14 (11) Directly or indirectly giving to or receiving 15 from any person, firm, corporation, partnership or 16 association any fee, commission, rebate or other form of 17 compensation for professional services not actually or 18 personally rendered; 19 (12) A finding by the Board that the certificate 20 holder, after having his certificate placed on 21 probationary status, has violated the terms of probation; 22 (13) Willfully making or filing false records or 23 reports in the practice of shorthand reporting, including 24 but not limited to false records filed with State 25 agencies or departments; 26 (14) Physical illness, including but not limited 27 to, deterioration through the aging process, or loss of 28 motor skill which results in the inability to practice 29 the profession with reasonable judgment, skill or safety; 30 (15) Solicitation of professional services other 31 than by permitted advertising; 32 (16) Willful failure to take full and accurate 33 stenographic notes of any proceeding; 34 (17) Willful alteration of any stenographic notes -3- LRB9003316DPcc 1 taken at any proceeding; 2 (18) Willful failure to accurately transcribe 3 verbatim any stenographic notes taken at any proceeding; 4 (19) Willful alteration of a transcript of 5 stenographic notes taken at any proceeding; 6 (20) Affixing one's signature to any transcript of 7 his stenographic notes or certifying to its correctness 8 unless the transcript has been prepared by him or under 9 his immediate supervision; 10 (21) Willful failure to systematically retain 11 stenographic notes, recordings or transcripts on paper or 12 any electronic media for 5 years from the date that the 13 notes, recordings or transcripts were takenfor time14periods required by law; 15 (22) Failure to deliver transcripts in a timely 16 manner or in accordance with contractual agreements; 17 (23) Establishing contingent fees as a basis of 18 compensation. 19 (b) The determination by a circuit court that a 20 certificate holder is subject to involuntary admission or 21 judicial admission as provided in the Mental Health and 22 Developmental Disabilities Code, operates as an automatic 23 suspension. Such suspension will end only upon a finding by 24 a court that the patient is no longer subject to involuntary 25 admission or judicial admission, an order by the court so 26 finding and discharging the patient, and the recommendation 27 of the Board to the Director that the certificate holder be 28 allowed to resume his practice. 29 (Source: P.A. 86-615; 87-481; 87-576.) 30 Section 99. Effective date. This Act takes effect upon 31 becoming law.