| |
Public Act 095-0593
Public Act 0593 95TH GENERAL ASSEMBLY
|
Public Act 095-0593 |
HB1947 Enrolled |
LRB095 11354 RAS 32103 b |
|
| AN ACT concerning regulation.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Professional Boxing Act is amended by | changing Sections 0.05, 1, 6, 7, 8, 10, 10.5, 11, 12, 13, 15, | 16, 17.9, 25.1, and 26 and by adding Sections 0.10 and 1.5 as | follows:
| (225 ILCS 105/0.05)
| (Section scheduled to be repealed on January 1, 2012)
| Sec. 0.05. Declaration of public policy. Professional | boxing
and other contests in the State of Illinois are
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 boxing and other contests , as | defined in this Act, merit and receive the
confidence of the | public and that only qualified persons be authorized to
| participate in boxing and other contests in the State of
| Illinois. This Act shall be liberally construed to best carry | out these objects
and purposes.
| (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
| (225 ILCS 105/0.10 new)
|
| (Section scheduled to be repealed on January 1, 2012) | Sec. 0.10. References to Department or Director of | Professional Regulation. References in this Act (i) to the | Department of Professional Regulation are
deemed, in | appropriate contexts, to be references to the Department of | Financial and Professional Regulation
and (ii) to the Director | of Professional Regulation are
deemed, in appropriate | contexts, to be references to the Secretary of Financial and | Professional Regulation. | (225 ILCS 105/1.5 new) | Sec. 1.5. Exemption. This Act does not apply to any | organized sanctioning body or accredited school competing in | amateur kick-boxing, mixed martial arts, or boxing that is | approved by the Department.
| (225 ILCS 105/1) (from Ch. 111, par. 5001)
| (Section scheduled to be repealed on January 1, 2012)
| Sec. 1. Short title and definitions.
| (a) This Act may be cited as the Professional Boxing Act.
| (b) As used in this Act:
| 1. "Department" means the Department of Financial and
| Professional Regulation.
| 2. "Secretary"
"Director" means the Secretary
Director
| of Financial and Professional Regulation.
| 3. "Board" means the State Professional Boxing Board
|
| appointed by the
Secretary
Director .
| 4. "License" means the license issued for boxing
| promoters,
contestants, or officials
in accordance with | this Act.
| 5. (Blank).
| 6. "Contest" means a
"Boxing Contests" include
| professional boxing , martial art, or mixed martial art | match or exhibition
matches
and exhibitions .
| 7. (Blank).
| 8. (Blank).
| 9. "Permit" means the authorization from the | Department to a
promoter
to conduct professional boxing
| contests.
| 10. "Promoter" means a person who is licensed and
who
| holds a permit to conduct professional boxing contests.
| 11. Unless the context indicates otherwise, "person" | includes
an
association, partnership, corporation, | gymnasium, or club.
| 12. (Blank).
| 13. (Blank).
"Ultimate fighting exhibition" has the | meaning given by
rule adopted
by the Department in | accordance with Section 7.5.
| 14. (Blank).
"Professional boxer" means a person | licensed by the
Department who
competes for a
money prize, | purse, or other type of compensation in a boxing contest,
| exhibition, or match held in
Illinois.
|
| 15. "Judge" means a person licensed by the Department | who is
at ringside
during a boxing
match and who has the | responsibility of scoring the performance of the
| participants in the contest.
| 16. "Referee" means a person licensed by the Department | who
has the
general
supervision of
a boxing contest and is | present inside of the ring during the contest.
| 17. "Amateur" means a person who has never received or
| competed for any
purse or other
article of value, either | for participating in any boxing contest or for the
expenses | of training therefor,
other than a prize that does not | exceed $50 in value.
| 18. "Contestant" means a person licensed by the
| Department who
competes for a
money prize, purse, or other | type of compensation in a contest,
exhibition, or match | held in
Illinois
an individual who participates in a
boxing | contest .
| 19. "Second" means a person licensed by the Department | who is
present at any boxing
contest to provide assistance | or advice to a contestant
boxer during the contest.
| 20. "Matchmaker" means a person licensed by the | Department who
brings
together
contestants
professional | boxers or procures matches or contests for contestants
| professional
boxers .
| 21. "Manager" means a person licensed by the Department | who is
not a
promoter and
who, under contract, agreement, |
| or other arrangement with any contestant
boxer , undertakes
| to, directly or
indirectly, control or administer the | boxing affairs of contestants
boxers .
| 22. "Timekeeper" means a person licensed by the | Department who
is the
official timer of
the length of | rounds and the intervals between the rounds.
| 23. "Purse" means the financial guarantee or any other
| remuneration for
which contestants
are participating in a | boxing contest.
| 24. "Physician" means a person licensed to practice | medicine
in all its
branches under the Medical Practice Act | of 1987.
| 25. "Martial arts" means a discipline such as, but not | limited to, Karate, Kung Fu, Jujitsu, Muay Thai, Tae Kwon | Do, and Kick-boxing. | 26. "Mixed martial arts" means the use of a combination | of techniques from different disciplines of the martial | arts, including without limitation grappling, kicking, and | striking.
| (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
| (225 ILCS 105/6) (from Ch. 111, par. 5006)
| (Section scheduled to be repealed on January 1, 2012)
| Sec. 6. Prohibitions. All boxing matches, contests , or | exhibits in which
physical contact is made including, but not | limited to, "ultimate fighting
exhibitions", are prohibited in |
| Illinois unless authorized by the Department.
This provision | does not apply to the following:
| (1) Boxing contests or wrestling exhibitions conducted | by accredited
secondary schools, colleges or universities, | although a fee may be charged.
Institutions organized to | furnish instruction in athletics are not included in
this | exemption.
| (2) Amateur boxing matches sanctioned by the United | States Amateur Boxing
Federation, Inc. ,
or Golden Gloves of | America , or other amateur sanctioning body, as determined | by rule, and , amateur wrestling exhibitions ,
and amateur or | professional martial arts or kick boxing .
| (3) Amateur martial art matches sanctioned by a | sanctioning body approved by the Department, as determined | by rule. | (4) Martial art instruction conducted by a martial art | school and contests occurring within or amongst martial art | schools, provided that (i) the contestants do not receive | anything of value for participating other than an award, | trophy, other item of recognition, or a prize that does not | exceed $50 in value and (ii) no entrance fee is charged to | participate or watch the school contests.
| The Department shall have the authority to determine | whether a contest or exhibition is an exempt martial arts or | kick boxing event for purposes of this Section. In determining | whether a contest or exhibition is an exempt martial arts or |
| kick boxing event the Department shall consider, but not be | limited to, the following factors: | (i) whether the event is sanctioned by a body | independent of the promoters of the contest or exhibition; | (ii) whether the sanctioning body is exclusively or | primarily dedicated to advancing the sport of kick boxing | or martial arts; | (iii) whether the sanctioning body limits | participation in its events to its registered members; | (iv) whether the sanctioning body has a record of | enforcing the rules governing a contest or exhibition; | (v) the record for safety of the sanctioning body; | (vi) the record for safety of the promoters of the | contest or exhibition; | (vii) whether the promoter of the contest or exhibition | has a record of enforcing and abiding by the rules | governing a contest or exhibition; and | (viii) whether the rules for the contest or exhibition | provide substantially similar protections for the health, | safety and welfare of the contestants and spectators as | this Act and its rules.
| (Source: P.A. 93-978, eff. 8-20-04.)
| (225 ILCS 105/7) (from Ch. 111, par. 5007)
| (Section scheduled to be repealed on January 1, 2012)
| Sec. 7. In order to conduct a boxing contest
in this State, |
| a promoter shall obtain a permit issued by the Department
in | accordance with this Act and the rules and regulations adopted | pursuant
thereto. This permit shall authorize one or more | contests or exhibitions.
A permit issued under this Act is not | transferable.
| (Source: P.A. 92-499, eff. 1-1-02.)
| (225 ILCS 105/8) (from Ch. 111, par. 5008)
| (Section scheduled to be repealed on January 1, 2012)
| Sec. 8. Permits.
| (a) A promoter who desires to obtain a permit to conduct a | boxing
contest shall apply to the Department at least 20 days | prior to the
event,
in writing, on forms furnished by the | Department. The application shall
be accompanied by the | required fee and shall
contain at least the following | information:
| (1) the names and addresses of the promoter;
| (2) the name of the matchmaker;
| (3) the time and exact location of the
boxing contest;
| (4) the seating
capacity of the building where the | event is to be held;
| (5) a copy of the
lease or proof of ownership of the | building where the event is to be held;
| (6) the admission
charge or charges to be made; and
| (7) proof of adequate security measures and adequate | medical
supervision, as determined by Department rule, to |
| ensure the protection of the
health and safety of the | general public while attending boxing contests and the
| contestants' safety while participating in the events and | any other information
that the Department may determine by | rule in order to issue a permit.
| (b) After the initial application and within 10 days of a | scheduled event,
a promoter shall submit to the Department all | of the following information:
| (1) The amount of compensation to be paid to each | participant.
| (2) The names of the contestants.
| (3) Proof of insurance for not less than $50,000
| $10,000 for each contestant
participating in a boxing
| contest or exhibition.
| Insurance required under this subsection shall cover (i)
| hospital, medication, physician, and other such expenses as | would
accrue in the treatment of an injury as a result of the | boxing contest or
exhibition and (ii) payment to the estate of | the contestant in the event of
his or her death as a result
of | his or her participation in the boxing contest or exhibition.
| (c) All boxing promoters shall provide to the Department, | at least 24 hours
prior
to commencement of the event, the | amount of the purse to be paid for the event.
The Department | shall promulgate rules for payment of the purse.
| (d) The boxing contest shall be held in an area where | adequate neurosurgical
facilities are immediately available |
| for skilled emergency treatment of an
injured contestant
boxer .
| It is the responsibility of the promoter to ensure that the | building to be used
for the event complies with all laws, | ordinances, and regulations in the city,
town, or village where | the boxing contest is to be held.
The Department may issue a | permit to any promoter who meets the requirements of
this Act
| and the rules. The permit shall only be issued for a specific | date and location
of a boxing contest and
shall not be | transferable.
In an emergency, the Department may allow a | promoter to amend a permit
application to hold a boxing contest | in a different
location than the
application specifies and may | allow the promoter to substitute contestants.
| (e) The Department shall be responsible for assigning the | judges
judge ,
timekeepers, referees, physicians
physician , and | medical personnel for a boxing contest.
It shall be the | responsibility of the promoter to cover the cost of the
| individuals utilized at a boxing contest.
| (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
| (225 ILCS 105/10) (from Ch. 111, par. 5010)
| (Section scheduled to be repealed on January 1, 2012)
| Sec. 10. Who must be licensed. In order to participate in | boxing
contests the following persons
must each be licensed and | in good standing with the Department: (a) promoters,
(b) | contestants, (c) seconds, (d) referees, (e) judges, (f) | managers, (g)
matchmakers, and (h) timekeepers.
|
| Announcers may participate in boxing contests
without | being licensed under this Act. It shall be the responsibility | of
the promoter to ensure that announcers comply
with the Act, | and all rules and regulations promulgated pursuant to this
Act.
| A licensed promoter may not act as, and cannot be licensed | as, a second,
contestant
boxer , referee, timekeeper, judge, or | manager. If he or she is so licensed, he
or she must relinquish | any of these licenses to the Department for
cancellation.
A | person possessing a valid
promoter's license may act as a | matchmaker.
| (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
| (225 ILCS 105/10.5)
| (Section scheduled to be repealed on January 1, 2012)
| Sec. 10.5. Unlicensed practice; violation; civil penalty.
| (a) Any person who practices, offers to practice, attempts | to practice, or
holds oneself out to practice as a promoter, | professional boxer,
contestant, second, referee,
judge, | manager, matchmaker, or timekeeper without being
licensed | under this Act
shall, in
addition to any other penalty provided | by law, pay a civil penalty to the
Department in an amount not | to exceed $5,000 for each offense as determined by
the | Department. The civil penalty shall be assessed by the | Department after a
hearing is held in accordance with the | provisions set forth in this Act
regarding the provision of a | hearing for the discipline of a licensee.
|
| (b) The Department has the authority and power to | investigate any and all
unlicensed activity.
| (c) The civil penalty shall be paid within 60 days after | the effective date
of the order imposing the civil penalty. The | order shall constitute a judgment
and may be filed and | execution had thereon in the same manner as any judgment
from | any court of record.
| (Source: P.A. 91-408, eff. 1-1-00.)
| (225 ILCS 105/11) (from Ch. 111, par. 5011)
| (Section scheduled to be repealed on January 1, 2012)
| Sec. 11. Qualifications for license. The Department shall | grant
licenses to the following persons
if the following | qualifications are met:
| (A) An applicant for licensure as a contestant in a boxing
| contest must:
(1) be 18 years old, (2) be of good moral | character, (3) file an application
stating
the applicant's | correct name (and no assumed or ring name may be used
unless | such name is registered with the Department along with the | applicant's
correct name), date and place of birth, place of | current residence, and a
sworn statement that he is not | currently in violation of any federal, State or
local laws or | rules governing
boxing , martial arts, or mixed martial arts , | (4) file a certificate of a physician licensed to practice | medicine
in all of its branches which attests that the | applicant is physically fit
and qualified to participate in |
| boxing contests, and (5) pay
the required fee
and meet any | other requirements.
Applicants over age 35 who have not | competed in a contest within the
last 36
months may be required | to appear before the Board to determine their fitness to
| participate in a contest. A picture identification card shall | be issued to
all
contestants
boxers
licensed by the Department
| who are residents of
Illinois or who are residents of any | jurisdiction, state, or country that does
not regulate | professional boxing , martial arts, or mixed martial arts . The | identification card shall be
presented to the
Department or its | representative upon request at weigh-ins.
| (B) An applicant for licensure as a boxing referee, judge,
| manager, second, matchmaker, or timekeeper must: (1) be of good
| moral character, (2) file
an application stating the | applicant's name, date and place of birth, and
place of current | residence along with a certifying statement that
he is not
| currently in violation of any federal, State, or local laws or | rules
governing
boxing , martial arts, or mixed martial arts , | (3) have had satisfactory experience in his field, (4) pay the
| required fee, and (5) meet any other requirements as determined | by rule.
| (C) An applicant for licensure as a boxing promoter must: | (1) be of good
moral character, (2) file an application with | the Department stating the
applicant's name, date and place of | birth, place of current residence along
with
a certifying | statement that he is not currently in violation of any federal,
|
| State, or local laws or rules governing boxing , martial arts, | or mixed martial arts , (3) provide proof of a surety
bond
of no | less than $5,000 to cover financial obligations pursuant to | this Act,
payable to the Department and conditioned for the | payment of the tax imposed by
this Act and compliance with this | Act and the rules promulgated pursuant to
this
Act,
(4) provide | a financial statement, prepared by a certified public | accountant,
showing
liquid working capital of $10,000 or more, | or a $10,000 performance bond
guaranteeing payment of all | obligations relating to the promotional activities,
and (5) pay | the required fee and meet any other requirements.
| In determining good moral character, the Department may | take into
consideration any violation of any of the provisions | of Section 16 of this
Act and any felony conviction of the | applicant, but such a conviction shall
not
operate as a bar to | licensure. No license issued under this Act is
transferable.
| The Department may issue temporary licenses as provided
by | rule.
| (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
| (225 ILCS 105/12) (from Ch. 111, par. 5012)
| (Section scheduled to be repealed on January 1, 2012)
| Sec. 12. Contests. Each boxing contestant shall be examined
| before entering the
ring and immediately after each contest by | a physician
licensed to practice
medicine in all of its | branches. The physician
shall determine, prior to
the contest, |
| if each contestant is physically fit to engage in the contest.
| After the contest the physician shall examine the contestant to
| determine
possible injury. If the contestant's physical | condition so indicates, the
physician shall recommend to the | Department immediate medical suspension.
The physician may, at | any time during the contest, stop the contest to
examine a | contestant
boxer , and terminate the contest when, in the | physician's opinion,
continuing the contest could result in | serious injury to the contestant
boxer . The
physician shall | certify to the condition of the contestant in writing, over
his | signature on blank forms provided by the Department. Such | reports shall
be submitted to the Department in a timely | manner. The physician shall be
paid by the promoter a fee fixed | by the Department. No boxing contest shall
be held unless a | physician licensed to practice medicine in all of its branches
| is in attendance.
| No contest shall be allowed to begin unless
at least one | physician and 2 trained paramedics or 2 nurses who are trained
| to administer emergency medical care and at least one ambulance | dedicated solely for the care of contestants are present.
| No boxing contest shall be more than 12 rounds in length. | The rounds
shall not
be more than 3 minutes each with a one | minute interval between them, and
no boxer shall be allowed to | participate in more than 12 rounds
within
72 consecutive hours. | The number and length for all other contests shall be | established by rule. At each boxing contest there shall be a |
| referee in
attendance who shall direct and control the contest. | The referee, before
each contest, shall learn the name of the | contestant's chief second and
shall hold the chief second | responsible for the conduct of his assistant
during the | progress of the contest.
| There shall be 2 judges in attendance at all boxing | contests who shall render a decision at the
end of each | contest. The decision of the judges, taken together with the | decision
of the referee, is final; or, 3 judges shall score the | contest with the
referee not scoring. The method of scoring | shall be set forth in rules. The number of judges required and | the manner of scoring for all other contests shall be set by | rule.
| Judges, referees, or timekeepers for contests shall be
| assigned by the Department. The Department or its | representative shall have
discretion to declare
a price, | remuneration,
or purse or any part of it belonging to the | contestant withheld if in the
judgment of the Department or its | representative the contestant
is not honestly competing.
The | Department shall have the authority to prevent a contest or | exhibition
from being held and shall have the authority to stop | a contest
fight for noncompliance
with any part of this Act or | rules or when, in the judgment of the Department,
or its | representative, continuation of the event would endanger the | health,
safety, and welfare of the contestants or spectators. | The Department's authority to stop a fight contest or |
| exhibition on the basis that the contest
fight would endanger | the health, safety, and welfare of the contestants or | spectators shall extend to any fight contest or exhibition , | regardless of whether that fight contest or exhibition is | exempted from the prohibition in Section 6 of this Act.
| (Source: P.A. 92-499, eff. 1-1-02; 93-978, eff. 8-20-04.)
| (225 ILCS 105/13) (from Ch. 111, par. 5013)
| (Section scheduled to be repealed on January 1, 2012)
| Sec. 13. Tickets; tax. Tickets to boxing contests ,
other | than a boxing contest conducted at premises
with an indoor | seating
capacity of more than 17,000, shall be printed in such | form as
the Department shall prescribe. A certified inventory | of all
tickets printed
for any boxing contest shall be mailed | to the Department by the
promoter
not less
than 7 days before | the boxing contest. The total number of
tickets
printed shall | not exceed the total seating capacity of the premises in which
| the boxing contest is to be held. No tickets of admission to | any
boxing contest ,
other than a boxing contest conducted at | premises
with an indoor seating
capacity of more than 17,000,
| shall be sold except those declared on an
official ticket | inventory as described in this Section.
| A promoter who conducts a boxing contest under this
Act ,
| other than a boxing contest conducted at premises
with an | indoor seating
capacity of more than 17,000, shall, within 24 | hours after a boxing contest: (1)
furnish to the Department a |
| written report verified by the promoter or his
authorized | designee showing the number of tickets sold for the boxing
| contest or the
actual ticket stubs of tickets sold and the
| amount of the gross proceeds thereof; and (2) pay to the | Department a tax
of 3%
10% of the first $500,000 of gross | receipts
from the sale of admission tickets, to be placed in | the General Revenue Fund.
| (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
| (225 ILCS 105/15) (from Ch. 111, par. 5015)
| (Section scheduled to be repealed on January 1, 2012)
| Sec. 15. Inspectors. The Director may appoint boxing
| inspectors to
assist the Department staff in the administration | of the Act.
Each inspector
boxing instructor appointed
by the
| Director shall receive
compensation
for each day he or she is | engaged in the transacting of
business of the Department.
Each | inspector shall carry a card issued by the Department to | authorize
him or her to act in such capacity. The inspector or | inspectors shall
supervise
each contest to ensure that the | provisions of the Act are
strictly enforced.
The inspectors | shall also be present at the counting of the gross receipts
and | shall immediately deliver to the Department the official box | office
statement as required by Section 13.
| (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
| (225 ILCS 105/16) (from Ch. 111, par. 5016)
|
| (Section scheduled to be repealed on January 1, 2012)
| Sec. 16. Discipline and sanctions.
| (a) The Department may refuse to issue a
permit or license, | refuse to renew, suspend, revoke,
reprimand, place on
| probation, or take such other disciplinary action as the | Department may
deem proper, including the imposition of fines | not to exceed $5,000 for
each violation, with regard to any | license for one
or
any combination of the following reasons:
| (1) gambling, betting , or wagering on the result of or | a
contingency connected
with a boxing contest or permitting | such activity to
take place;
| (2) participating in or permitting a sham or fake | boxing
contest;
| (3) holding the boxing contest at any other time or
| place than
is stated
on the permit application;
| (4) permitting any contestant other than those
stated | on the
permit application to participate in a boxing
| contest, except as provided
in Section 9;
| (5) violation or aiding in the violation of any of the
| provisions of this
Act or any rules or regulations | promulgated thereto;
| (6) violation of any federal, State or local laws of | the
United States or other jurisdiction governing boxing
| contests or any regulation
promulgated pursuant thereto;
| (7) charging a greater rate or rates of admission than | is
specified on the permit application;
|
| (8) failure to obtain all the necessary permits,
| registrations, or licenses as required under this Act;
| (9) failure to file the necessary bond or to pay the | gross
receipts
tax as required by this Act;
| (10) engaging in dishonorable, unethical or | unprofessional
conduct
of a character likely to deceive, | defraud or harm the public, or which
is detrimental to | honestly conducted boxing contests;
| (11) employment of fraud, deception or any unlawful | means in
applying
for or securing a permit or license under | this
Act;
| (12) permitting a physician making the physical | examination
to
knowingly certify falsely to the physical | condition of a contestant;
| (13) permitting contestants of widely disparate | weights or
abilities
to engage in boxing contests;
| (14) participating in a contest as a contestant
boxing
| while under medical suspension in this State or
in
any | other
state, territory or country;
| (15) physical illness, including, but not limited to,
| deterioration
through the aging process, or loss of motor | skills which results in the
inability to participate in | boxing contests with
reasonable judgment,
skill, or | safety;
| (16) allowing one's license or permit issued
under
this | Act to be used by another person;
|
| (17) failing, within a reasonable time, to provide any
| information
requested by the Department as a result of a | formal or informal
complaint;
| (18) professional incompetence;
| (19) failure 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;
| (20) (blank);
holding or promoting an ultimate | fighting exhibition, or
participating
in an ultimate | fighting exhibition as a promoter, contestant,
referee,
| judge, scorer, manager, trainer, announcer, or timekeeper;
| (21) habitual or excessive use or addiction to alcohol, | narcotics,
stimulants, or any other
chemical agent or drug | that results in an inability to participate in an
event; or
| (22) failure to stop a contest or exhibition when | requested to do so by
the Department.
| (b) 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 operates as
an automatic suspension. The suspension will | end only upon a finding by a court
that the licensee is no
| longer subject to involuntary admission or judicial admission, | issuance of an
order so finding and
discharging the licensee, |
| and upon the recommendation of the Board to the
Director that | the licensee
be allowed to resume his or her practice.
| (c) In enforcing this Section, the Board, upon a showing of | a possible
violation,
may compel any
individual licensed to | practice under this Act, or who has
applied for licensure | pursuant to this Act, to submit to a mental or physical
| examination, or both, as required
by and at the expense of the | Department. The examining physicians or clinical
psychologists | shall be
those specifically designated by the Board. The Board | or the Department may
order the examining
physician or clinical | psychologist to present testimony concerning this 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 or clinical | psychologist. Eye examinations may be
provided by a
licensed | and certified therapeutic optometrist. 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.
Failure of any individual to submit to a mental or | physical examination, when
directed, shall be
grounds for | suspension of a license until such time as the individual | submits
to the examination if the
Board finds, after notice and | hearing, that the refusal to submit to the
examination was | without
reasonable cause.
| (d) If the Board finds an individual unable to practice |
| because of the
reasons
set forth in this
Section, the Board | shall require the individual to submit to care, counseling,
or | treatment by
physicians or clinical psychologists approved or | designated by the Board, as a
condition, term, or
restriction | for continued, reinstated, or renewed licensure, or
in lieu of | care,
counseling, or treatment, the Board may recommend to the | Department to file a
complaint to
immediately suspend, revoke, | or otherwise discipline the license of the individual. Any
| individual whose license was granted pursuant to this Act,
or
| continued, reinstated,
renewed, disciplined, or supervised, | subject to such conditions, terms, or
restrictions, who shall | fail to
comply with such conditions, terms, or restrictions, | shall be referred to the
Director for a
determination as to | whether the individual shall have his or her license suspended
| immediately, pending a hearing by the Board.
| (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
| (225 ILCS 105/17.9)
| (Section scheduled to be repealed on January 1, 2012)
| Sec. 17.9. Summary suspension of a license. The Director
| may summarily
suspend a license without a hearing if the | Director finds that evidence in
the
Director's possession
| indicates that the continuation of practice would constitute an | imminent
danger to the public , participants, including any | contest officials, or the
individual involved or cause harm to | the profession . If the Director summarily suspends the
license
|
| without a hearing, a hearing must be commenced within 30 days | after the
suspension has occurred
and concluded as | expeditiously as practical.
| (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
| (225 ILCS 105/25.1)
| (Section scheduled to be repealed on January 1, 2012)
| Sec. 25.1. Medical Suspension. A licensee who is determined | by the
examining
physician to
be unfit to compete or officiate | shall be immediately suspended until it is
shown that he or she | is fit for
further competition or officiating. If the licensee | disagrees with a medical
suspension set at the
discretion of | the ringside physician, he or she may request a hearing to show
| proof of fitness. The
hearing shall be provided at the earliest | opportunity after the Department
receives a written request
| from the licensee.
| If the referee has rendered a decision of technical | knockout against a boxing
contestant or if
the contestant is | knocked out other than by a blow to the head, the boxing
| contestant shall be
immediately suspended for a period of not | less than 30 days. In a mixed martial art contest, if the | contestant has tapped out or has submitted, the referee shall | stop the contest and the ringside physician shall determine the | length of suspension.
| If the boxing contestant has been knocked out by a blow to | the head, he or
she shall be
suspended immediately for a period |
| of not less than 45 days.
| Prior to reinstatement, any boxing contestant suspended | for his or her
medical protection shall
satisfactorily pass a | medical examination upon the direction of the
Department. The | examining
physician may require any necessary medical | procedures during the
examination.
| (Source: P.A. 91-408, eff. 1-1-00.)
| (225 ILCS 105/26) (from Ch. 111, par. 5026)
| (Section scheduled to be repealed on January 1, 2012)
| Sec. 26. Home rule pre-emption. It is declared to be the | public policy
of this State, pursuant to subsection (h) of
| Section 6 of Article VII of the Illinois Constitution of 1970, | that any power
or function set forth in this Act to be | exercised by the State , including the
regulation of ultimate | fighting exhibitions, is an exclusive State power or
function. | Such power or function shall not be exercised concurrently, | either
directly or indirectly, by any unit of local government, | including home rule
units, except as otherwise provided in this | Act.
| (Source: P.A. 89-578, eff. 7-30-96.)
| (225 ILCS 105/7.5 rep.)
| Section 10. The Professional Boxing Act is amended by | repealing Section 7.5.
|
Effective Date: 6/1/2008
|
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