State of Illinois
90th General Assembly
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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.
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                                               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,
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 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
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 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  taken for time
14        periods 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.

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