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Public Act 099-0876 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Funeral Directors and Embalmers Licensing | ||||
Code is amended by changing Section 15-75 and by adding Section | ||||
15-72 as follows: | ||||
(225 ILCS 41/15-72 new) | ||||
Sec. 15-72. Applicant convictions. | ||||
(a) When reviewing a conviction by plea of guilty or nolo | ||||
contendere, finding of guilt, jury verdict, or entry of | ||||
judgment or by sentencing of an initial applicant, the | ||||
Department may only deny a license based upon consideration of | ||||
mitigating factors provided in subsection (c) of this Section | ||||
for a felony directly related to the practice of funeral | ||||
directing and embalming. | ||||
(b) The following crimes or similar offenses in any other | ||||
jurisdiction are hereby deemed directly related to the practice | ||||
of funeral directing and embalming: | ||||
(1) first degree murder; | ||||
(2) second degree murder; | ||||
(3) drug induced homicide; | ||||
(4) unlawful restraint; | ||||
(5) aggravated unlawful restraint; |
(6) forcible detention; | ||
(7) involuntary servitude; | ||
(8) involuntary sexual servitude of a minor; | ||
(9) predatory criminal sexual assault of a child; | ||
(10) aggravated criminal sexual assault; | ||
(11) criminal sexual assault; | ||
(12) criminal sexual abuse; | ||
(13) aggravated kidnaping; | ||
(14) aggravated robbery; | ||
(15) armed robbery; | ||
(16) kidnapping; | ||
(17) aggravated battery; | ||
(18) aggravated vehicular hijacking; | ||
(19) terrorism; | ||
(20) causing a catastrophe; | ||
(21) possession of a deadly substance; | ||
(22) making a terrorist threat; | ||
(23) material support for terrorism; | ||
(24) hindering prosecution of terrorism; | ||
(25) armed violence; | ||
(26) any felony based on consumer fraud or deceptive | ||
business practices under the Consumer Fraud and Deceptive | ||
Business Practices Act; | ||
(27) any felony requiring registration as a sex | ||
offender under the Sex Offender Registration Act; | ||
(28) attempt of any the offenses set forth in |
paragraphs (1) through (27) of this subsection (b); and | ||
(29) convictions set forth in Section 15-75 of this | ||
Code. | ||
(c) The Department shall consider any mitigating factors | ||
contained in the record, when determining the appropriate | ||
disciplinary sanction, if any, to be imposed. In addition to | ||
those set forth in Section 2105-130 of the Department of | ||
Professional Regulation Law of the Civil Administrative Code of | ||
Illinois, mitigating factors shall include the following: | ||
(1) the bearing, if any, the criminal offense or | ||
offenses for which the person was previously convicted will | ||
have on his or her fitness or ability to perform one or | ||
more such duties and responsibilities; | ||
(2) the time that has elapsed since the criminal | ||
conviction; and | ||
(3) the age of the person at the time of the criminal | ||
conviction. | ||
(d) The Department shall issue an annual report by January | ||
31, 2018 and by January 31 each year thereafter, indicating the | ||
following: | ||
(1) the number of initial applicants for a license | ||
under this Code within the preceding calendar year; | ||
(2) the number of initial applicants for a license | ||
under this Code within the previous calendar year who had a | ||
conviction; | ||
(3) the number of applicants with a conviction who were |
granted a license under this Code within the previous year; | ||
(4) the number of applicants denied a license under | ||
this Code within the preceding calendar year; and | ||
(5) the number of applicants denied a license under | ||
this Code solely on the basis of a conviction within the | ||
preceding calendar year. | ||
(e) Nothing in this Section shall prevent the Department | ||
taking disciplinary or non-disciplinary action against a | ||
license as set forth in paragraph (2) of subsection (b) of | ||
Section 15-175 of this Code. | ||
(225 ILCS 41/15-75) | ||
(Section scheduled to be repealed on January 1, 2023) | ||
Sec. 15-75. Violations; grounds for discipline; penalties. | ||
(a) Each of the following acts is a Class A misdemeanor
for | ||
the first offense, and a Class 4 felony for each subsequent | ||
offense.
These penalties shall also apply to unlicensed owners | ||
of funeral homes. | ||
(1) Practicing the profession of funeral directing and | ||
embalming or
funeral directing, or attempting to practice | ||
the profession of funeral
directing and embalming or | ||
funeral directing without a license as a
funeral director | ||
and embalmer or funeral director. | ||
(2) Serving or attempting to serve as an intern under a | ||
licensed funeral
director
and embalmer
without a license as | ||
a licensed funeral director and embalmer intern. |
(3) Obtaining or attempting to obtain a license, | ||
practice or business,
or any other thing of value, by fraud | ||
or misrepresentation. | ||
(4) Permitting any person in one's employ, under one's | ||
control or in or
under one's service to serve as a funeral | ||
director and embalmer, funeral
director, or funeral | ||
director and embalmer intern when the
person does not have | ||
the appropriate license. | ||
(5) Failing to display a license as required by this | ||
Code. | ||
(6) Giving false information or making a false oath or | ||
affidavit
required by this Code. | ||
(b) The Department may refuse to issue or renew, revoke, | ||
suspend, place on probation or administrative supervision, | ||
reprimand, or take other disciplinary or non-disciplinary | ||
action as the Department may deem appropriate, including | ||
imposing fines not to exceed $10,000 for each violation, with | ||
regard to any license under the Code for any one or combination | ||
of the following: | ||
(1) Fraud or any misrepresentation in applying for or | ||
procuring a license under this Code or in connection with | ||
applying for renewal of a license under this Code. | ||
(2) For licenses, conviction Conviction by plea of | ||
guilty or nolo contendere, finding of guilt, jury verdict, | ||
or entry of judgment or by sentencing of any crime, | ||
including, but not limited to, convictions, preceding |
sentences of supervision, conditional discharge, or first | ||
offender probation, under the laws of any jurisdiction of | ||
the United States: (i) that is a felony or (ii) that is a | ||
misdemeanor, an essential element of which is dishonesty, | ||
or that is directly related to the practice of the | ||
profession and, for initial applicants, convictions set | ||
forth in Section 15-72 of this Act . | ||
(3) Violation of the laws of this State relating to the | ||
funeral, burial
or disposition of deceased human bodies or | ||
of the rules and regulations of the
Department, or the | ||
Department of Public Health. | ||
(4) Directly or indirectly paying or causing to be paid | ||
any sum of money
or other valuable consideration for the | ||
securing of business or for
obtaining authority to dispose | ||
of any deceased human body. | ||
(5) Professional incompetence, gross negligence, | ||
malpractice, or untrustworthiness in the practice of | ||
funeral
directing and embalming or funeral directing. | ||
(6) (Blank). | ||
(7) Engaging in, promoting, selling, or issuing burial | ||
contracts, burial
certificates, or burial insurance | ||
policies in connection with the
profession as a funeral | ||
director and embalmer, funeral director, or funeral
| ||
director and embalmer intern in violation of any laws of | ||
the
State
of Illinois. | ||
(8) Refusing, without cause, to surrender the custody |
of a deceased
human body upon the proper request of the | ||
person or persons lawfully
entitled to the custody of the | ||
body. | ||
(9) Taking undue advantage of a client or clients as to | ||
amount to the
perpetration of fraud. | ||
(10) Engaging in funeral directing and embalming or | ||
funeral
directing without a license. | ||
(11) Encouraging, requesting, or suggesting by a | ||
licensee or some person
working on his behalf and with his | ||
consent for compensation that a person
utilize the services | ||
of a certain funeral director and embalmer, funeral
| ||
director, or funeral establishment unless that information | ||
has
been expressly requested by the person. This does not | ||
prohibit general
advertising or pre-need solicitation. | ||
(12) Making or causing to be made any false or | ||
misleading statements
about the laws concerning the | ||
disposition of human remains, including, but not
limited | ||
to, the need to embalm, the need for a casket for cremation | ||
or the
need for an outer burial container. | ||
(13) (Blank). | ||
(14) Embalming or attempting to embalm a deceased human | ||
body without
express prior authorization of the person | ||
responsible for making the
funeral arrangements for the | ||
body. This does not apply to cases where
embalming is | ||
directed by local authorities who have jurisdiction or when
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embalming is required by State or local law. A licensee may |
embalm without express prior authorization if a good faith | ||
effort has been made to contact family members and has been | ||
unsuccessful and the licensee has no reason to believe the | ||
family opposes embalming. | ||
(15) Making a false statement on a Certificate of Death | ||
where the
person making the statement knew or should have | ||
known that the statement
was false. | ||
(16) Soliciting human bodies after death or while death | ||
is imminent. | ||
(17) Performing any act or practice that is a violation
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of this Code, the rules for the administration of this | ||
Code, or any
federal,
State or local laws, rules, or | ||
regulations
governing the practice of funeral directing or | ||
embalming. | ||
(18) Performing any act or practice that is a violation | ||
of Section 2 of
the Consumer Fraud and Deceptive Business | ||
Practices Act. | ||
(19) Engaging in dishonorable, unethical, or | ||
unprofessional conduct of a character
likely to deceive, | ||
defraud or harm the public. | ||
(20) Taking possession of a dead human body without | ||
having first
obtained express permission from the person | ||
holding the right to control the disposition in accordance | ||
with Section 5 of the Disposition of Remains Act or a | ||
public agency legally
authorized to direct, control or | ||
permit the removal of deceased human bodies. |
(21) Advertising in a false or misleading manner or | ||
advertising using
the name of an unlicensed person in | ||
connection with any service being
rendered in the practice | ||
of funeral directing or funeral directing and
embalming. | ||
The use of any name of an unlicensed or unregistered person | ||
in
an advertisement so as to imply that the person will | ||
perform services is
considered misleading advertising. | ||
Nothing in this paragraph shall prevent
including the name | ||
of any owner, officer or corporate director of a funeral
| ||
home, who is not a licensee, in any advertisement used by a | ||
funeral home
with which the individual is affiliated, if | ||
the advertisement specifies
the individual's affiliation | ||
with the funeral home. | ||
(22) Charging for professional services not rendered, | ||
including filing false statements for the collection of | ||
fees for which services are not rendered. | ||
(23) Failing to account for or remit any monies, | ||
documents, or personal
property that belongs to others that | ||
comes into a licensee's possession. | ||
(24) Treating any person differently to his detriment | ||
because of
race, color, creed, gender, religion, or | ||
national origin. | ||
(25) Knowingly making any false statements, oral or | ||
otherwise, of a
character likely to influence, persuade or | ||
induce others in the course of
performing professional | ||
services or activities. |
(26) Willfully making or filing false records or | ||
reports in the practice
of funeral directing and embalming, | ||
including, but not limited to, false records filed with | ||
State agencies or departments. | ||
(27) Failing to acquire continuing education required | ||
under this Code. | ||
(28) (Blank). | ||
(29) Aiding or assisting another person in violating | ||
any provision of this Code or rules adopted pursuant to | ||
this Code. | ||
(30) Failing within 10 days, to provide information in | ||
response to a written request made by the Department. | ||
(31) Discipline by another state, District of | ||
Columbia, territory, foreign nation, or governmental | ||
agency, if at least one of the grounds for the discipline | ||
is the same or substantially equivalent to those set forth | ||
in this Section. | ||
(32) (Blank). | ||
(33) Mental illness or disability which results in the | ||
inability to practice the profession with reasonable | ||
judgment, skill, or safety. | ||
(34) Gross, willful, or continued overcharging for | ||
professional services, including filing false statements | ||
for collection of fees for which services are not rendered. | ||
(35) Physical illness, including, but not limited to, | ||
deterioration through the aging process or loss of motor |
skill which results in a licensee's inability to practice | ||
under this Code with reasonable judgment, skill, or safety. | ||
(36) Failing to comply with any of the following | ||
required activities: | ||
(A) When reasonably possible, a funeral director | ||
licensee or funeral director and embalmer licensee or | ||
anyone acting on his or
her behalf shall obtain the | ||
express authorization of the person or persons
| ||
responsible for making the funeral arrangements for a | ||
deceased human body
prior to removing a body from the | ||
place of death or any place it may be or
embalming or | ||
attempting to embalm a deceased human body, unless | ||
required by
State or local law. This requirement is | ||
waived whenever removal or
embalming is directed by | ||
local authorities who have jurisdiction.
If the | ||
responsibility for the handling of the remains | ||
lawfully falls under
the jurisdiction of a public | ||
agency, then the regulations of the public
agency shall | ||
prevail. | ||
(B) A licensee shall clearly mark the price of any | ||
casket offered for
sale or the price of any service | ||
using the casket on or in the casket if
the casket is | ||
displayed at the funeral establishment. If the casket | ||
is
displayed at any other location, regardless of | ||
whether the licensee is in
control of that location, | ||
the casket shall be clearly marked and the
registrant |
shall use books, catalogues, brochures, or other | ||
printed display
aids to show the price of each casket | ||
or service. | ||
(C) At the time funeral arrangements are made and | ||
prior to rendering the
funeral services, a licensee | ||
shall furnish a written statement of services to be
| ||
retained by the person or persons making the funeral | ||
arrangements, signed
by both parties, that shall | ||
contain: (i) the name, address and telephone number
of | ||
the funeral establishment and the date on which the | ||
arrangements were made;
(ii) the price of the service | ||
selected and the services and merchandise
included for | ||
that price; (iii) a clear disclosure that the person or | ||
persons
making the arrangement may decline and receive | ||
credit for any service or
merchandise not desired and | ||
not required by law or the funeral director or the
| ||
funeral director and embalmer; (iv) the supplemental | ||
items of service and
merchandise requested and the | ||
price of each item; (v) the terms or method of
payment | ||
agreed upon; and (vi) a statement as to any monetary | ||
advances made by
the registrant on behalf of the | ||
family. The licensee shall maintain a copy of the | ||
written statement of services in its permanent | ||
records. All written statements of services are | ||
subject to inspection by the Department. | ||
(D) In all instances where the place of final |
disposition of a deceased human body or the cremated | ||
remains of a deceased human body is a cemetery, the | ||
licensed funeral director and embalmer, or licensed | ||
funeral director, who has been engaged to provide | ||
funeral or embalming services shall remain at the | ||
cemetery and personally witness the placement of the | ||
human remains in their designated grave or the sealing | ||
of the above ground depository, crypt, or urn. The | ||
licensed funeral director or licensed funeral director | ||
and embalmer may designate a licensed funeral director | ||
and embalmer intern or representative of the funeral | ||
home to be his or her witness to the placement of the | ||
remains. If the cemetery authority, cemetery manager, | ||
or any other agent of the cemetery takes any action | ||
that prevents compliance with this paragraph (D), then | ||
the funeral director and embalmer or funeral director | ||
shall provide written notice to the Department within 5 | ||
business days after failing to comply. If the | ||
Department receives this notice, then the Department | ||
shall not take any disciplinary action against the | ||
funeral director and embalmer or funeral director for a | ||
violation of this paragraph (D) unless the Department | ||
finds that the cemetery authority, manager, or any | ||
other agent of the cemetery did not prevent the funeral | ||
director and embalmer or funeral director from | ||
complying with this paragraph (D) as claimed in the |
written notice. | ||
(E) A funeral director or funeral director and | ||
embalmer shall fully complete the portion of the | ||
Certificate of Death under the responsibility of the | ||
funeral director or funeral director and embalmer and | ||
provide all required information. In the event that any | ||
reported information subsequently changes or proves | ||
incorrect, a funeral director or funeral director and | ||
embalmer shall immediately upon learning the correct | ||
information correct the Certificate of Death. | ||
(37) A finding by the Department that the license, | ||
after having his or
her license placed on probationary | ||
status or subjected to conditions or
restrictions, | ||
violated the terms of the probation or failed to comply | ||
with such
terms or conditions. | ||
(38) (Blank). | ||
(39) Being named as a perpetrator in an indicated | ||
report by the Department
of Children and Family Services | ||
pursuant to the Abused and Neglected Child
Reporting Act | ||
and, upon proof by clear and convincing evidence,
being | ||
found to have caused a child to be an abused child or | ||
neglected child as
defined
in the Abused and Neglected | ||
Child Reporting Act. | ||
(40) Habitual or excessive use or abuse of drugs | ||
defined in law as controlled substances, alcohol, or any | ||
other substance which results in the inability to practice |
with reasonable judgment, skill, or safety. | ||
(41) Practicing under a false or, except as provided by | ||
law, an assumed name. | ||
(42) Cheating on or attempting to subvert the licensing | ||
examination administered under this Code. | ||
(c) The Department may refuse to issue or renew or may | ||
suspend without a hearing, as provided for in the Department of | ||
Professional Regulation Law of the Civil Administrative Code of | ||
Illinois, the license
of any person who fails to file a return, | ||
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 the time as the requirements of the tax Act | ||
are satisfied in accordance with subsection (g) of Section | ||
2105-15 of the Department of Professional Regulation Law of the | ||
Civil Administrative Code of Illinois. | ||
(d) No action may be taken under this Code against a person | ||
licensed under this Code unless the action is commenced within | ||
5 years after the occurrence of the alleged violations. A | ||
continuing violation shall be deemed to have occurred on the | ||
date when the circumstances last existed that give rise to the | ||
alleged violation. | ||
(e) Nothing in this Section shall be construed or enforced | ||
to give a funeral director and embalmer, or his or her | ||
designees, authority over the operation of a cemetery or over | ||
cemetery employees. Nothing in this Section shall be construed |
or enforced to impose duties or penalties on cemeteries with | ||
respect to the timing of the placement of human remains in | ||
their designated grave or the sealing of the above ground | ||
depository, crypt, or urn due to patron safety, the allocation | ||
of cemetery staffing, liability insurance, a collective | ||
bargaining agreement, or other such reasons. | ||
(f) All fines imposed under this Section shall be paid 60 | ||
days after the effective date of the order imposing the fine. | ||
(g) The Department shall deny a license or renewal | ||
authorized by this Code to a person who has defaulted on an | ||
educational loan or scholarship provided or guaranteed by the | ||
Illinois Student Assistance Commission or any governmental | ||
agency of this State in accordance with item (5) of subsection | ||
(a) of Section 2105-15 of the Department of Professional | ||
Regulation Law of the Civil Administrative Code of Illinois. | ||
(h) In cases where the Department of Healthcare and Family | ||
Services has previously determined a licensee or a potential | ||
licensee is more than 30 days delinquent in the payment of | ||
child support and has subsequently certified the delinquency to | ||
the Department, the Department may refuse to issue or renew or | ||
may revoke or suspend that person's license or may take other | ||
disciplinary action against that person based solely upon the | ||
certification of delinquency made by the Department of | ||
Healthcare and Family Services in accordance with item (5) of | ||
subsection (a) of Section 2105-15 of the Department of | ||
Professional Regulation Law of the Civil Administrative Code of |
Illinois. | ||
(i) A person not licensed under this Code who is an owner | ||
of a funeral establishment or funeral business shall not aid, | ||
abet, assist, procure, advise, employ, or contract with any | ||
unlicensed person to offer funeral services or aid, abet, | ||
assist, or direct any licensed person contrary to or in | ||
violation of any rules or provisions of this Code. A person | ||
violating this subsection shall be treated as a licensee for | ||
the purposes of disciplinary action under this Section and | ||
shall be subject to cease and desist orders as provided in this | ||
Code, the imposition of a fine up to $10,000 for each violation | ||
and any other penalty provided by law. | ||
(j) The determination by a circuit court that a licensee is | ||
subject to involuntary admission or judicial admission as | ||
provided in the Mental Health and Developmental Disabilities | ||
Code, as amended, operates as an automatic suspension. The | ||
suspension may end only upon a finding by a court that the | ||
licensee is no longer subject to the involuntary admission or | ||
judicial admission and issues an order so finding and | ||
discharging the licensee, and upon the recommendation of the | ||
Board to the Secretary that the licensee be allowed to resume | ||
his or her practice. | ||
(k) In enforcing this Code, the Department, upon a showing | ||
of a possible violation, may compel an individual licensed to | ||
practice under this Code, or who has applied for licensure | ||
under this Code, to submit to a mental or physical examination, |
or both, as required by and at the expense of the Department. | ||
The Department may order the examining physician to present | ||
testimony concerning the mental or physical examination of the | ||
licensee or applicant. No information shall be excluded by | ||
reason of any common law or statutory privilege relating to | ||
communications between the licensee or applicant and the | ||
examining physician. The examining physician shall be | ||
specifically designated by the Department. The individual to be | ||
examined may have, at his or her own expense, another physician | ||
of his or her choice present during all aspects of this | ||
examination. The examination shall be performed by a physician | ||
licensed to practice medicine in all its branches. Failure of | ||
an individual to submit to a mental or physical examination, | ||
when directed, shall result in an automatic suspension without | ||
hearing. | ||
A person holding a license under this Code or who has | ||
applied for a license under this Code who, because of a | ||
physical or mental illness or disability, including, but not | ||
limited to, deterioration through the aging process or loss of | ||
motor skill, is unable to practice the profession with | ||
reasonable judgment, skill, or safety, may be required by the | ||
Department to submit to care, counseling, or treatment by | ||
physicians approved or designated by the Department as a | ||
condition, term, or restriction for continued, reinstated, or | ||
renewed licensure to practice. Submission to care, counseling, | ||
or treatment as required by the Department shall not be |
considered discipline of a license. If the licensee refuses to | ||
enter into a care, counseling, or treatment agreement or fails | ||
to abide by the terms of the agreement, the Department may file | ||
a complaint to revoke, suspend, or otherwise discipline the | ||
license of the individual. The Secretary may order the license | ||
suspended immediately, pending a hearing by the Department. | ||
Fines shall not be assessed in disciplinary actions involving | ||
physical or mental illness or impairment. | ||
In instances in which the Secretary immediately suspends a | ||
person's license under this Section, a hearing on that person's | ||
license must be convened by the Department within 15 days after | ||
the suspension and completed without appreciable delay. The | ||
Department shall have the authority to review the subject | ||
individual's record of treatment and counseling regarding the | ||
impairment to the extent permitted by applicable federal | ||
statutes and regulations safeguarding the confidentiality of | ||
medical records. | ||
An individual licensed under this Code and affected under | ||
this Section shall be afforded an opportunity to demonstrate to | ||
the Department that he or she can resume practice in compliance | ||
with acceptable and prevailing standards under the provisions | ||
of his or her license. | ||
(Source: P.A. 97-1130, eff. 8-28-12; 98-756, eff. 7-16-14.) | ||
Section 10. The Illinois Roofing Industry Licensing Act is | ||
amended by changing Section 9.1 and by adding Section 7.1 as |
follows: | ||
(225 ILCS 335/7.1 new) | ||
Sec. 7.1. Applicant convictions. | ||
(a) When reviewing a conviction by plea of guilty or nolo | ||
contendere, finding of guilt, jury verdict, or entry of | ||
judgment or by sentencing of an initial applicant, the | ||
Department may only deny a license based upon consideration of | ||
mitigating factors provided in subsection (c) of this Section | ||
for a felony directly related to the practice of roofing | ||
contracting. | ||
(b) The following crimes or similar offenses in any other | ||
jurisdiction are hereby deemed directly related to the practice | ||
of roofing contracting: | ||
(1) first degree murder; | ||
(2) second degree murder; | ||
(3) drug induced homicide; | ||
(4) unlawful restraint; | ||
(5) aggravated unlawful restraint; | ||
(6) forcible detention; | ||
(7) involuntary servitude; | ||
(8) involuntary sexual servitude of a minor; | ||
(9) predatory criminal sexual assault of a child; | ||
(10) aggravated criminal sexual assault; | ||
(11) criminal sexual assault; | ||
(12) criminal sexual abuse; |
(13) aggravated kidnaping; | ||
(14) aggravated robbery; | ||
(15) armed robbery; | ||
(16) kidnapping; | ||
(17) aggravated battery; | ||
(18) aggravated vehicular hijacking; | ||
(19) home invasion; | ||
(20) terrorism; | ||
(21) causing a catastrophe; | ||
(22) possession of a deadly substance; | ||
(23) making a terrorist threat; | ||
(24) material support for terrorism; | ||
(25) hindering prosecution of terrorism; | ||
(26) armed violence; | ||
(27) any felony based on consumer fraud or deceptive | ||
business practices under the Consumer Fraud and Deceptive | ||
Business Practices Act; | ||
(28) any felony requiring registration as a sex | ||
offender under the Sex Offender Registration Act; | ||
(29) attempt of any the offenses set forth in | ||
paragraphs (1) through (28) of this subsection (b); and | ||
(30) convictions set forth in subsection (e) of Section | ||
5 or Section 9.8 of this Act. | ||
(c) The Department shall consider any mitigating factors | ||
contained in the record, when determining the appropriate | ||
disciplinary sanction, if any, to be imposed. In addition to |
those set forth in Section 2105-130 of the Department of | ||
Professional Regulation Law of the Civil Administrative Code of | ||
Illinois, mitigating factors shall include the following: | ||
(1) the bearing, if any, the criminal offense or | ||
offenses for which the person was previously convicted will | ||
have on his or her fitness or ability to perform one or | ||
more such duties and responsibilities; | ||
(2) the time that has elapsed since the criminal | ||
conviction; and | ||
(3) the age of the person at the time of the criminal | ||
conviction. | ||
(d) The Department shall issue an annual report by January | ||
31, 2018 and by January 31 each year thereafter, indicating the | ||
following: | ||
(1) the number of initial applicants for a license | ||
under this Act within the preceding calendar year; | ||
(2) the number of initial applicants for a license | ||
under this Act within the previous calendar year who had a | ||
conviction; | ||
(3) the number of applicants with a conviction who were | ||
granted a license under this Act within the previous year; | ||
(4) the number of applicants denied a license under | ||
this Act within the preceding calendar year; and | ||
(5) the number of applicants denied a license under | ||
this Act solely on the basis of a conviction within the | ||
preceding calendar year. |
(e) Nothing in this Section shall prevent the Department | ||
taking disciplinary or non-disciplinary action against a | ||
license as set forth in Section 9.1 of this Act. | ||
(225 ILCS 335/9.1) (from Ch. 111, par. 7509.1) | ||
(Section scheduled to be repealed on January 1, 2026) | ||
Sec. 9.1. Grounds for disciplinary action. | ||
(1) The Department may refuse
to issue or to renew, or may | ||
revoke, suspend, place on probation, reprimand
or take other | ||
disciplinary or non-disciplinary action as the Department may | ||
deem proper,
including fines not to exceed $10,000 for each | ||
violation, with regard to any
license for any one or | ||
combination of the following: | ||
(a) violation of this Act or its rules; | ||
(b) for licensees, conviction or plea of guilty or nolo | ||
contendere, finding of guilt, jury verdict, or entry of | ||
judgment or sentencing of any crime, including, but not | ||
limited to, convictions, preceding sentences of | ||
supervision, conditional discharge, or first offender | ||
probation, under the laws of any jurisdiction of the United | ||
States that is (i) a felony or (ii) a misdemeanor, an | ||
essential element
of which is dishonesty or that is
| ||
directly related to the
practice of the profession and, for | ||
initial applicants, convictions set forth in Section 7.1 of | ||
this Act ; | ||
(c) fraud or any misrepresentation in applying for or |
procuring a license under this Act, or in connection with | ||
applying for renewal of a license under this Act; | ||
(d) professional incompetence or gross negligence in | ||
the practice of
roofing contracting, prima facie evidence | ||
of which may be a conviction or judgment in any court of | ||
competent jurisdiction against an applicant or licensee | ||
relating to the practice of roofing contracting or the | ||
construction of a roof or repair thereof that results in | ||
leakage within 90 days after the completion of such work; | ||
(e) (blank); | ||
(f) aiding or assisting another person in violating any | ||
provision of
this Act or rules; | ||
(g) failing, within 60 days, to provide information in | ||
response to a
written request made by the Department; | ||
(h) engaging in dishonorable, unethical, or | ||
unprofessional conduct of a
character likely to deceive, | ||
defraud, or harm the public; | ||
(i) habitual or excessive use or abuse of controlled | ||
substances, as defined by the Illinois Controlled | ||
Substances Act, alcohol, or any other substance that | ||
results in the
inability to practice with reasonable | ||
judgment, skill, or safety; | ||
(j) discipline by another state, unit of government, or | ||
government agency, the District of Columbia, a territory, | ||
or a foreign nation, if at
least one of the grounds for the | ||
discipline is the same or substantially
equivalent to those |
set forth in this Section; | ||
(k) directly or indirectly giving to or receiving from | ||
any person, firm,
corporation, partnership, or association | ||
any fee, commission, rebate, or
other form of compensation | ||
for any professional services not actually or
personally | ||
rendered; | ||
(l) a finding by the Department that the licensee, | ||
after having his
or her license disciplined, has violated | ||
the terms of the discipline; | ||
(m) a finding by any court of competent jurisdiction, | ||
either within or
without this State, of any violation of | ||
any law governing the practice of
roofing contracting, if | ||
the Department determines, after investigation,
that such | ||
person has not been sufficiently rehabilitated to warrant | ||
the
public trust; | ||
(n) willfully making or filing false records or reports | ||
in the practice of roofing contracting, including, but not | ||
limited to, false records filed with the State agencies or | ||
departments; | ||
(o) practicing, attempting to practice, or advertising | ||
under
a name
other than the
full name as shown on the | ||
license or any other legally authorized name; | ||
(p) gross and willful overcharging for professional | ||
services including
filing false statements for collection | ||
of fees or monies for which services
are not rendered; | ||
(q) (blank); |
(r) (blank); | ||
(s) failure to continue to meet the requirements of | ||
this Act shall be
deemed a violation; | ||
(t) physical or mental disability, including | ||
deterioration through the
aging process or loss of | ||
abilities and skills that result in an inability to
| ||
practice the profession with reasonable judgment, skill, | ||
or safety; | ||
(u) material misstatement in furnishing information to | ||
the Department or
to
any other State agency; | ||
(v) (blank); | ||
(w) advertising in any manner that is false, | ||
misleading, or deceptive; | ||
(x) taking undue advantage of a customer, which results | ||
in the perpetration of a fraud; | ||
(y) performing any act or practice that is a violation | ||
of the Consumer Fraud and Deceptive Business Practices Act; | ||
(z) engaging in the practice of roofing contracting, as | ||
defined in this Act, with a suspended, revoked, or | ||
cancelled license; | ||
(aa) treating any person differently to the person's | ||
detriment because of race, color, creed, gender, age, | ||
religion, or national origin; | ||
(bb) knowingly making any false statement, oral, | ||
written, or otherwise, of a character likely to influence, | ||
persuade, or induce others in the course of obtaining or |
performing roofing contracting services; | ||
(cc) violation of any final administrative action of | ||
the Secretary;
| ||
(dd) allowing the use of his or her roofing license by | ||
an unlicensed roofing contractor for the purposes of | ||
providing roofing or waterproofing services; or | ||
(ee) (blank); | ||
(ff) cheating or attempting to subvert a licensing | ||
examination administered under this Act; or | ||
(gg) use of a license to permit or enable an unlicensed | ||
person to provide roofing contractor services. | ||
(2) The determination by a circuit court that a license | ||
holder is subject to involuntary admission or judicial | ||
admission, as provided in the Mental Health and Developmental | ||
Disabilities Code, operates as an automatic suspension. Such | ||
suspension will end only upon a finding by a court that the | ||
patient is no longer subject to involuntary admission or | ||
judicial admission, an order by the court so finding and | ||
discharging the patient, and the recommendation of the Board to | ||
the Director that the license holder be allowed to resume his | ||
or her practice. | ||
(3) The Department may refuse to issue or take disciplinary | ||
action concerning the license of any person who fails to file a | ||
return, 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 |
Department of Revenue, until such time as the requirements of | ||
any such tax Act are satisfied as determined by the Department | ||
of Revenue. | ||
(4) In enforcing this Section, the Department, upon a | ||
showing of a possible violation, may compel any individual who | ||
is licensed under this Act or any individual who has applied | ||
for licensure to submit to a mental or physical examination or | ||
evaluation, or both, which may include a substance abuse or | ||
sexual offender evaluation, at the expense of the Department. | ||
The Department shall specifically designate the examining | ||
physician licensed to practice medicine in all of its branches | ||
or, if applicable, the multidisciplinary team involved in | ||
providing the mental or physical examination and evaluation. | ||
The multidisciplinary team shall be led by a physician licensed | ||
to practice medicine in all of its branches and may consist of | ||
one or more or a combination of physicians licensed to practice | ||
medicine in all of its branches, licensed chiropractic | ||
physicians, licensed clinical psychologists, licensed clinical | ||
social workers, licensed clinical professional counselors, and | ||
other professional and administrative staff. Any examining | ||
physician or member of the multidisciplinary team may require | ||
any person ordered to submit to an examination and evaluation | ||
pursuant to this Section to submit to any additional | ||
supplemental testing deemed necessary to complete any | ||
examination or evaluation process, including, but not limited | ||
to, blood testing, urinalysis, psychological testing, or |
neuropsychological testing. | ||
(5) The Department may order the examining physician or any | ||
member of the multidisciplinary team to provide to the | ||
Department any and all records, including business records, | ||
that relate to the examination and evaluation, including any | ||
supplemental testing performed. The Department may order the | ||
examining physician or any member of the multidisciplinary team | ||
to present testimony concerning this examination and | ||
evaluation of the licensee or applicant, including testimony | ||
concerning any supplemental testing or documents relating to | ||
the examination and evaluation. No information, report, | ||
record, or other documents in any way related to the | ||
examination and evaluation shall be excluded by reason of any | ||
common law or statutory privilege relating to communication | ||
between the licensee or applicant and the examining physician | ||
or any member of the multidisciplinary team. No authorization | ||
is necessary from the licensee or applicant ordered to undergo | ||
an evaluation and examination for the examining physician or | ||
any member of the multidisciplinary team to provide | ||
information, reports, records, or other documents or to provide | ||
any testimony regarding the examination and evaluation. The | ||
individual to be examined may have, at his or her own expense, | ||
another physician of his or her choice present during all | ||
aspects of the examination. | ||
(6) Failure of any individual to submit to mental or | ||
physical examination or evaluation, or both, when directed, |
shall result in an automatic suspension without hearing until | ||
such time as the individual submits to the examination. If the | ||
Department finds a licensee unable to practice because of the | ||
reasons set forth in this Section, the Department shall require | ||
the licensee to submit to care, counseling, or treatment by | ||
physicians approved or designated by the Department as a | ||
condition for continued, reinstated, or renewed licensure. | ||
(7) When the Secretary immediately suspends a license under | ||
this Section, a hearing upon such person's license must be | ||
convened by the Department within 15 days after the suspension | ||
and completed without appreciable delay. The Department shall | ||
have the authority to review the licensee's record of treatment | ||
and counseling regarding the impairment to the extent permitted | ||
by applicable federal statutes and regulations safeguarding | ||
the confidentiality of medical records. | ||
(8) Licensees affected under this Section shall be afforded | ||
an opportunity to demonstrate to the Department that they can | ||
resume practice in compliance with acceptable and prevailing | ||
standards under the provisions of their license. | ||
(9) The Department shall deny a license or renewal | ||
authorized by this Act to a person who has defaulted on an | ||
educational loan or scholarship provided or guaranteed by the | ||
Illinois Student Assistance Commission or any governmental | ||
agency of this State in accordance with paragraph (5) of | ||
subsection (a) of Section 2105-15 of the Department of | ||
Professional Regulation Law of the Civil Administrative Code of |
Illinois. | ||
(10) In cases where the Department of Healthcare and Family | ||
Services has previously determined a licensee or a potential | ||
licensee is more than 30 days delinquent in the payment of | ||
child support and has subsequently certified the delinquency to | ||
the Department, the Department may refuse to issue or renew or | ||
may revoke or suspend that person's license or may take other | ||
disciplinary action against that person based solely upon the | ||
certification of delinquency made by the Department of | ||
Healthcare and Family Services in accordance with paragraph (5) | ||
of subsection (a) of Section 2105-15 of the Department of | ||
Professional Regulation Law of the Civil Administrative Code of | ||
Illinois. | ||
The changes to this Act made by this amendatory Act of 1997 | ||
apply only
to disciplinary actions relating to events occurring | ||
after the effective date
of
this amendatory Act of 1997. | ||
(Source: P.A. 99-469, eff. 8-26-15.) | ||
Section 15. The Barber, Cosmetology, Esthetics, Hair | ||
Braiding, and Nail
Technology Act of 1985 is amended by | ||
changing Section 4-7 and by adding Section 4-6.1 as follows: | ||
(225 ILCS 410/4-6.1 new) | ||
Sec. 4-6.1. Applicant convictions. | ||
(a) When reviewing a conviction by plea of guilty or nolo | ||
contendere, finding of guilt, jury verdict, or entry of |
judgment or by sentencing of an initial applicant, the | ||
Department may only deny a license based upon consideration of | ||
mitigating factors provided in subsection (c) of this Section | ||
for a felony directly related to the practice of cosmetology, | ||
esthetics, hair braiding, nail technology, and barbering. | ||
(b) The following crimes or similar offenses in any other | ||
jurisdiction are hereby deemed directly related to the practice | ||
of cosmetology, esthetics, hair braiding, nail technology, and | ||
barbering: | ||
(1) first degree murder; | ||
(2) second degree murder; | ||
(3) drug induced homicide; | ||
(4) unlawful restraint; | ||
(5) aggravated unlawful restraint; | ||
(6) forcible detention; | ||
(7) involuntary servitude; | ||
(8) involuntary sexual servitude of a minor; | ||
(9) predatory criminal sexual assault of a child; | ||
(10) aggravated criminal sexual assault; | ||
(11) criminal sexual assault; | ||
(12) criminal sexual abuse; | ||
(13) aggravated kidnaping; | ||
(14) aggravated robbery; | ||
(15) armed robbery; | ||
(16) kidnapping; | ||
(17) aggravated battery; |
(18) aggravated vehicular hijacking; | ||
(19) terrorism; | ||
(20) causing a catastrophe; | ||
(21) possession of a deadly substance; | ||
(22) making a terrorist threat; | ||
(23) material support for terrorism; | ||
(24) hindering prosecution of terrorism; | ||
(25) armed violence; | ||
(26) any felony based on consumer fraud or deceptive | ||
business practices under the Consumer Fraud and Deceptive | ||
Business Practices Act; | ||
(27) any felony requiring registration as a sex | ||
offender under the Sex Offender Registration Act; | ||
(28) attempt of any the offenses set forth in | ||
paragraphs (1) through (27) of this subsection (b); and | ||
(29) convictions set forth in Section 4-20 of this Act. | ||
(c) The Department shall consider any mitigating factors | ||
contained in the record, when determining the appropriate | ||
disciplinary sanction, if any, to be imposed. In addition to | ||
those set forth in Section 2105-130 of the Department of | ||
Professional Regulation Law of the Civil Administrative Code of | ||
Illinois, mitigating factors shall include the following: | ||
(1) the bearing, if any, the criminal offense or | ||
offenses for which the person was previously convicted will | ||
have on his or her fitness or ability to perform one or | ||
more such duties and responsibilities; |
(2) the time that has elapsed since the criminal | ||
conviction; and | ||
(3) the age of the person at the time of the criminal | ||
conviction. | ||
(d) The Department shall issue an annual report by January | ||
31, 2018 and by January 31 each year thereafter, indicating the | ||
following: | ||
(1) the number of initial applicants for a license | ||
under this Act within the preceding calendar year; | ||
(2) the number of initial applicants for a license | ||
under this Act within the previous calendar year who had a | ||
conviction; | ||
(3) the number of applicants with a conviction who were | ||
granted a license under this Act within the previous year; | ||
(4) the number of applicants denied a license under | ||
this Act within the preceding calendar year; and | ||
(5) the number of applicants denied a license under | ||
this Act solely on the basis of a conviction within the | ||
preceding calendar year. | ||
(e) Nothing in this Section shall prevent the Department | ||
taking disciplinary or non-disciplinary action against a | ||
license as set forth in paragraph (2) of subsection (1) of | ||
Section 4-7 of this Act.
| ||
(225 ILCS 410/4-7) (from Ch. 111, par. 1704-7)
| ||
(Section scheduled to be repealed on January 1, 2026)
|
Sec. 4-7. Refusal, suspension and revocation of licenses; | ||
causes;
disciplinary action. | ||
(1) The Department may refuse to issue or renew, and
may | ||
suspend, revoke, place on probation, reprimand or take any | ||
other
disciplinary or non-disciplinary action as the | ||
Department may deem proper, including civil
penalties not to | ||
exceed $500 for each violation, with regard to any
license for | ||
any one, or any combination, of
the
following causes:
| ||
a. For licensees, conviction Conviction of any crime
| ||
under the laws of the United States or any state or | ||
territory thereof that
is (i) a felony, (ii) a misdemeanor, | ||
an essential element
of which is dishonesty, or (iii) a | ||
crime which is related to the practice of
the profession | ||
and, for initial applicants, convictions set forth in | ||
Section 4-6.1 of this Act .
| ||
b. Conviction of any of the violations listed in
| ||
Section 4-20.
| ||
c. Material misstatement in furnishing information to | ||
the Department.
| ||
d. Making any misrepresentation for the purpose of | ||
obtaining
a license or violating any provision of this Act | ||
or its rules.
| ||
e. Aiding or assisting another person in violating any | ||
provision of this
Act or its rules.
| ||
f. Failing, within 60 days, to provide information in | ||
response to a
written request made by the Department.
|
g. Discipline by another state, territory, or country | ||
if at least one of
the grounds for the discipline is the | ||
same as or substantially equivalent to
those set forth in | ||
this Act.
| ||
h. Practice in the barber, nail technology, esthetics, | ||
hair braiding, or
cosmetology profession, or an attempt to | ||
practice in those professions, by
fraudulent | ||
misrepresentation.
| ||
i. Gross malpractice or gross incompetency.
| ||
j. Continued practice by a person knowingly having an
| ||
infectious
or contagious disease.
| ||
k. Solicitation of professional services by using | ||
false or
misleading advertising.
| ||
l. A finding by the Department that the licensee, after | ||
having his or
her license placed on probationary status, | ||
has violated the terms of
probation.
| ||
m. Directly or indirectly giving to or receiving from | ||
any person, firm,
corporation, partnership or association | ||
any fee, commission, rebate, or other
form of compensation | ||
for any professional services not actually or personally
| ||
rendered.
| ||
n. Violating any of the provisions of this Act or rules | ||
adopted
pursuant to this Act.
| ||
o. Willfully making or filing false records or reports | ||
relating to a
licensee's practice, including but not | ||
limited to, false records filed with
State agencies or |
departments.
| ||
p. Habitual or excessive use
or addiction to alcohol, | ||
narcotics, stimulants, or any other chemical agent or
drug | ||
that results in the inability to practice with reasonable | ||
judgment, skill
or safety.
| ||
q. Engaging in dishonorable, unethical or | ||
unprofessional conduct of a character likely to deceive,
| ||
defraud, or harm the public as may be defined by rules of | ||
the Department, or
violating
the rules of professional | ||
conduct which may be adopted by the Department.
| ||
r. Permitting any person to use for any unlawful or | ||
fraudulent
purpose one's diploma or license or certificate | ||
of registration as a
cosmetologist, nail technician, | ||
esthetician, hair braider, or barber or cosmetology,
nail | ||
technology, esthetics, hair braiding, or barber teacher or | ||
salon or shop or
cosmetology clinic teacher.
| ||
s. Being named as a perpetrator in an indicated report | ||
by the Department
of Children and Family Services under the | ||
Abused and Neglected Child Reporting
Act and upon proof by | ||
clear and convincing evidence that the licensee has
caused | ||
a child to be an abused child or neglected child as defined | ||
in the
Abused and Neglected Child Reporting Act.
| ||
t. Operating a salon or shop without a valid | ||
registration. | ||
u. Failure to complete required continuing education | ||
hours. |
(2) In rendering an order, the Secretary shall take into
| ||
consideration the facts and circumstances involving the type of | ||
acts
or omissions in paragraph (1) of this Section including, | ||
but not limited to:
| ||
(a) the extent to which public confidence in the | ||
cosmetology, nail
technology, esthetics, hair braiding, or | ||
barbering profession was, might have been, or may be,
| ||
injured;
| ||
(b) the degree of trust and dependence among the | ||
involved parties;
| ||
(c) the character and degree of harm which did result | ||
or might
have resulted;
| ||
(d) the intent or mental state of the licensee at the
| ||
time of the acts or omissions.
| ||
(3) The Department may reissue the license or registration | ||
upon
certification by the Board that the disciplined licensee | ||
or registrant
has complied with all of the terms and conditions | ||
set forth in the final
order or has been sufficiently | ||
rehabilitated to warrant the public trust.
| ||
(4) The Department shall refuse to issue or renew or | ||
suspend without hearing the license or
certificate of | ||
registration
of any person who fails 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 requirements of any
such tax |
Act are satisfied as determined by the Department of Revenue.
| ||
(5) The Department shall deny without hearing any | ||
application for a
license or renewal of a license under this | ||
Act by a person who has defaulted on
an educational loan | ||
guaranteed by the Illinois Student Assistance Commission;
| ||
however, the Department may issue or renew a license if the | ||
person in default
has established a satisfactory repayment | ||
record as determined by the Illinois
Student Assistance | ||
Commission.
| ||
(6) All fines imposed under this Section shall be paid | ||
within 60 days after the effective date of the order imposing | ||
the fine or in accordance with the terms set forth in the order | ||
imposing the fine. | ||
(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
| ||
Section 99. Effective date. This Act takes effect January | ||
1, 2017.
|