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Public Act 102-0105


 

Public Act 0105 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0105
 
HB0014 EnrolledLRB102 02640 SPS 12643 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Department of Professional Regulation Law
of the Civil Administrative Code of Illinois is amended by
changing Sections 2105-131 and 2105-205 as follows:
 
    (20 ILCS 2105/2105-131)
    Sec. 2105-131. Applicants with criminal convictions;
notice of denial.
    (a) For the purposes of this Section, "mitigating factors"
means any information, evidence, conduct, or circumstances
before, during, or after the offense or offenses reviewed by
the Department that may reflect on an applicant's request for
licensure, registration, or certification through the
Department, such as 3 years having passed since release from
confinement. Mitigating factors are not a bar to licensure,
instead they provide guidance for the Department when
considering licensure, registration, or certification for an
applicant with criminal history.
    Except as provided in Section 2105-165 of this Act
regarding licensing restrictions based on enumerated offenses
for health care workers as defined in the Health Care Worker
Self-Referral Act and except as provided in any licensing Act
administered by the Department in which convictions of certain
enumerated offenses are a bar to licensure, the Department,
upon a finding that an applicant for a license, certificate,
or registration was previously convicted of a felony or
misdemeanor that may be grounds for refusing to issue a
license or certificate or to grant a registration, shall
consider any mitigating factors and evidence of rehabilitation
contained in the applicant's record, including the
circumstances surrounding the offense or offenses and any of
the following, to determine whether a prior conviction will
impair the ability of the applicant to engage in the practice
for which a license, certificate, or registration is sought:
        (1) the lack of direct relation of the offense for
    which the applicant was previously convicted to the
    duties, functions, and responsibilities of the position
    for which a license is sought;
        (2) any mitigating factors from the point of arrest or
    indictment when determined to be appropriate, unless
    otherwise specified and including, but not limited to,
    whether 5 years since a felony conviction or 3 years since
    release from confinement for the conviction, whichever is
    later, have passed without a subsequent conviction;
        (3) if the applicant was previously licensed or
    employed in this State or other states or jurisdictions,
    the lack of prior misconduct arising from or related to
    the licensed position or position of employment;
        (4) the age of the person at the time of the criminal
    offense;
        (4.5) if, due to the applicant's criminal conviction
    history, the applicant would be explicitly prohibited by
    federal rules or regulations from working in the position
    for which a license is sought;
        (5) successful completion of sentence and, for
    applicants serving a term of parole or probation, a
    progress report provided by the applicant's probation or
    parole officer that documents the applicant's compliance
    with conditions of supervision;
        (6) evidence of the applicant's present fitness and
    professional character;
        (7) evidence of rehabilitation or rehabilitative
    effort during or after incarceration, or during or after a
    term of supervision, including, but not limited to, a
    certificate of good conduct under Section 5-5.5-25 of the
    Unified Code of Corrections or certificate of relief from
    disabilities under Section 5-5.5-10 of the Unified Code of
    Corrections; and
        (8) any other mitigating factors that contribute to
    the person's potential and current ability to perform the
    job duties.
    (b) If the Department refuses to issue a license or
certificate or grant registration to an applicant based upon a
conviction or convictions, in whole or in part, the Department
shall notify the applicant of the denial in writing with the
following included in the notice of denial:
        (1) a statement about the decision to refuse to grant
    a license, certificate, or registration, including an
    explanation of how the conviction directly relates to and
    would prevent the person from effectively engaging in the
    position for which a license, registration, or certificate
    is sought;
        (2) a list of convictions that the Department
    determined will impair the applicant's ability to engage
    in the position for which a license, registration, or
    certificate is sought;
        (3) a list of convictions that formed the sole or
    partial basis for the refusal to issue a license or
    certificate or grant registration; and
        (4) a summary of the appeal process or the earliest
    the applicant may reapply for a license, certificate, or
    registration, whichever is applicable.
    (c) The Department shall post on its website a list of all
State licensing restrictions that would prohibit an applicant
from working in a position for which a license is sought.
(Source: P.A. 100-286, eff. 1-1-18; 101-388, eff. 1-1-20.)
 
    (20 ILCS 2105/2105-205)  (was 20 ILCS 2105/60.3)
    Sec. 2105-205. Publication of disciplinary actions; annual
report.
    (a) The Department shall publish on its website, at least
monthly, final disciplinary actions taken by the Department
against a licensee or applicant pursuant to any licensing Act
administered by the Department. The specific disciplinary
action and the name of the applicant or licensee shall be
listed.
    (b) No later than May 1 of each year, the Department must
prepare, publicly announce, and publish a report of summary
statistical information relating to new license,
certification, or registration applications during the
preceding calendar year. Each report shall show at minimum:
        (1) the number of applicants for each new license,
    certificate, or registration administered by the
    Department in the previous calendar year;
        (2) the number of applicants for a new license,
    certificate, or registration within the previous calendar
    year who had any criminal conviction;
        (3) the number of applicants for a new license,
    certificate, or registration in the previous calendar year
    who were granted a license, registration, or certificate;
        (4) the number of applicants for a new license,
    certificate, or registration within the previous calendar
    year with a criminal conviction who were granted a
    license, certificate, or registration in the previous
    calendar year;
        (5) the number of applicants for a new license,
    certificate, or registration in the previous calendar year
    who were denied a license, registration, or certificate;
        (6) the number of applicants for new license,
    certificate, or registration in the previous calendar year
    with a criminal conviction who were denied a license,
    certificate, or registration in part or in whole because
    of such conviction, including the types of criminal
    convictions;
        (7) the number of licenses issued on probation within
    the previous calendar year to applicants with a criminal
    conviction; and
        (8) the number of licensees or certificate holders who
    were granted expungement for a record of discipline based
    on a conviction predating licensure, certification, or
    registration or a criminal charge, arrest, or conviction
    that was dismissed, sealed, or expunged or did not arise
    from the regulated activity, as a share of the total such
    expungement requests.
(Source: P.A. 99-227, eff. 8-3-15; 100-286, eff. 1-1-18.)

Effective Date: 1/1/2022