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1 | | AN ACT concerning government.
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2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly:
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4 | | Section 5. The Regulatory Sunset Act is amended by |
5 | | changing Sections 4.35 and 4.40 as follows:
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6 | | (5 ILCS 80/4.35) |
7 | | Sec. 4.35. Acts repealed on January 1, 2025. The following |
8 | | Acts are repealed on January 1, 2025: |
9 | | The Genetic Counselor Licensing Act. |
10 | | The Illinois Certified Shorthand Reporters Act of 1984. |
11 | | (Source: P.A. 103-563, eff. 11-17-23.)
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12 | | (5 ILCS 80/4.40) |
13 | | Sec. 4.40. Acts repealed on January 1, 2030. The following |
14 | | Acts are repealed on January 1, 2030: |
15 | | The Auction License Act. |
16 | | The Illinois Architecture Practice Act of 1989. |
17 | | The Illinois Certified Shorthand Reporters Act of 1984. |
18 | | The Illinois Professional Land Surveyor Act of 1989. |
19 | | The Orthotics, Prosthetics, and Pedorthics Practice Act. |
20 | | The Perfusionist Practice Act. |
21 | | The Professional Engineering Practice Act of 1989. |
22 | | The Real Estate License Act of 2000. |
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1 | | The Structural Engineering Practice Act of 1989. |
2 | | (Source: P.A. 101-269, eff. 8-9-19; 101-310, eff. 8-9-19; |
3 | | 101-311, eff. 8-9-19; 101-312, eff. 8-9-19; 101-313, eff. |
4 | | 8-9-19; 101-345, eff. 8-9-19; 101-346, eff. 8-9-19; 101-357, |
5 | | eff. 8-9-19; 102-558, eff. 8-20-21.)
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6 | | Section 10. The Illinois Certified Shorthand Reporters Act |
7 | | of 1984 is amended by changing Sections 4, 5, 6, 8, 10, 12.1, |
8 | | 14, 15, 16, 17, 19, 23, 23.1, 23.2, 23.4, 23.6, 23.7, 23.9, |
9 | | 23.15, 24, 26, and 26.1 and by adding Section 4.1 as follows:
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10 | | (225 ILCS 415/4) (from Ch. 111, par. 6204) |
11 | | (Section scheduled to be repealed on January 1, 2025) |
12 | | Sec. 4. In this Act: |
13 | | (1) "Department" means the Department of Financial and |
14 | | Professional Regulation. |
15 | | (2) "Secretary" means the Secretary of Financial and |
16 | | Professional Regulation. |
17 | | (3) "Board" means the Certified Shorthand Reporters Board |
18 | | appointed by the Secretary. |
19 | | (4) "The practice of shorthand reporting" means reporting, |
20 | | by the use of any system of manual or mechanical shorthand |
21 | | writing, of Grand Jury proceedings, court proceedings, court |
22 | | related proceedings, pretrial examinations, depositions, |
23 | | motions and related proceedings of like character, or |
24 | | proceedings of an administrative agency when the final |
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1 | | decision of the agency with reference thereto is likely to be |
2 | | subject to judicial review under the provisions of the |
3 | | Administrative Review Law. |
4 | | (5) "Shorthand reporter" means a person who is technically |
5 | | qualified and certified under this Act to practice shorthand |
6 | | reporting. |
7 | | (6) "Stenographic notes" means the original notes by |
8 | | manual or mechanical shorthand or shorthand writing taken by a |
9 | | shorthand reporter of a proceeding while in attendance at such |
10 | | proceeding for the purpose of reporting the same. |
11 | | (7) "Address of record" means the designated address |
12 | | recorded by the Department in the applicant's or licensee's |
13 | | application file or license file as maintained by the |
14 | | Department's licensure maintenance unit. It is the duty of the |
15 | | applicant or licensee to inform the Department of any change |
16 | | of address and those changes must be made either through the |
17 | | Department's Internet website or by contacting the Department. |
18 | | (8) "Email address of record" means the designated email |
19 | | address recorded by the Department in the applicant's |
20 | | application file or the licensee's license file, as maintained |
21 | | by the Department's licensure maintenance unit. |
22 | | (Source: P.A. 98-445, eff. 12-31-13 .)
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23 | | (225 ILCS 415/4.1 new) |
24 | | Sec. 4.1. Address of record; email address of record. All |
25 | | applicants and registrants shall: |
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1 | | (1) provide a valid address and email address to the |
2 | | Department, which shall serve as the address of record and |
3 | | email address of record, respectively, at the time of |
4 | | application for licensure or renewal of a license; and |
5 | | (2) inform the Department of any change of address of |
6 | | record or email address of record within 14 days after |
7 | | such change either through the Department's website or by |
8 | | contacting the Department's licensure maintenance unit.
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9 | | (225 ILCS 415/5) (from Ch. 111, par. 6205) |
10 | | (Section scheduled to be repealed on January 1, 2025) |
11 | | Sec. 5. Title. Every person to whom a valid existing |
12 | | certificate as a certified shorthand reporter has been issued |
13 | | under this Act shall be designated as a Certified Shorthand |
14 | | Reporter and not otherwise, and any such certified shorthand |
15 | | reporter may, in connection with the reporter's his or her |
16 | | practice of shorthand reporting, use the abbreviation "C.S.R." |
17 | | or the title "Court Reporter". No person other than the holder |
18 | | of a valid existing certificate under this Act shall use the |
19 | | title or designation of "Certified Shorthand Reporter", "Court |
20 | | Reporter", or "C.S.R.", either directly or indirectly in |
21 | | connection with that person's his or her profession or |
22 | | business. |
23 | | (Source: P.A. 90-49, eff. 7-3-97 .)
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24 | | (225 ILCS 415/6) (from Ch. 111, par. 6206) |
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1 | | (Section scheduled to be repealed on January 1, 2025) |
2 | | Sec. 6. Restricted certificate. Upon receipt of a written |
3 | | request from the Chief Judge of the reporter's circuit, the |
4 | | Department shall, upon payment of the required fee, issue to |
5 | | any reporter who has been appointed in counties of less than |
6 | | 1,000,000 in population, has been examined under the Court |
7 | | Reporters Act, and has achieved an "A" proficiency rating, a |
8 | | restricted certificate by which such official court reporter |
9 | | may then lawfully engage in reporting only court proceedings |
10 | | to which he may be assigned by the Chief Judge of the |
11 | | reporter's his circuit may assign . |
12 | | (Source: P.A. 98-445, eff. 12-31-13 .)
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13 | | (225 ILCS 415/8) (from Ch. 111, par. 6208) |
14 | | (Section scheduled to be repealed on January 1, 2025) |
15 | | Sec. 8. Certified Shorthand Reporters Board. The Secretary |
16 | | shall appoint a Certified Shorthand Reporters Board as |
17 | | follows: 7 persons who shall be appointed by and shall serve in |
18 | | an advisory capacity to the Secretary. Six members must be |
19 | | certified shorthand reporters, in good standing, and actively |
20 | | engaged in the practice of shorthand reporting in this State |
21 | | for 10 ten years, and one member must be a member of the public |
22 | | who is not certified under this Act, or a similar Act of |
23 | | another jurisdiction. |
24 | | Members shall serve 4 year terms and until the members' |
25 | | their successors are appointed and qualified. No member shall |
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1 | | be reappointed to the Board for a term that would cause the |
2 | | member's his continuous service on the Board to be longer than |
3 | | 2 full consecutive terms. Appointments to fill vacancies shall |
4 | | be made in the same manner as original appointments, for the |
5 | | unexpired portion of the vacated term. |
6 | | In making appointments to the Board, the Secretary shall |
7 | | give consideration to recommendations by national and State |
8 | | organizations of the shorthand reporter profession. |
9 | | Four members of the Board shall constitute a quorum. A |
10 | | quorum is required for all Board decisions. |
11 | | The Secretary may remove or suspend any member of the |
12 | | Board for cause at any time before the expiration of the |
13 | | member's his or her term. The Secretary shall be the sole |
14 | | arbiter of cause. |
15 | | The Secretary shall consider the recommendations of the |
16 | | Board on questions involving standards of professional |
17 | | conduct, discipline , and qualifications of candidates and |
18 | | certificate holders under this Act. |
19 | | Members of the Board shall be reimbursed for all |
20 | | legitimate, necessary, and authorized expenses incurred in |
21 | | attending the meetings of the Board. |
22 | | Members of the Board have no liability in any action based |
23 | | upon any disciplinary proceedings or other activity performed |
24 | | in good faith as members of the Board. |
25 | | (Source: P.A. 98-445, eff. 12-31-13 .)
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1 | | (225 ILCS 415/10) (from Ch. 111, par. 6210) |
2 | | (Section scheduled to be repealed on January 1, 2025) |
3 | | Sec. 10. The Department shall authorize examinations at |
4 | | such time and place as it may designate. The examination shall |
5 | | be of a character to give a fair test of the qualifications of |
6 | | the applicant to practice shorthand reporting. |
7 | | Applicants for examination as certified shorthand |
8 | | reporters shall be required to pay, either to the Department |
9 | | or the designated testing service, a fee covering the cost of |
10 | | providing the examination. Failure to appear for the |
11 | | examination on the scheduled date, at the time and place |
12 | | specified, after the applicant's application for examination |
13 | | has been received and acknowledged by the Department or the |
14 | | designated testing service, shall result in the forfeiture of |
15 | | the examination fee. |
16 | | If an applicant neglects, fails , or refuses to take the |
17 | | next available examination offered or fails to pass an |
18 | | examination for certification under this Act, the application |
19 | | shall be denied. If an applicant for examination for |
20 | | certification under this Act fails to pass the examination |
21 | | within 3 years after filing an his application, the |
22 | | application shall be denied. However, such applicant may |
23 | | thereafter make a new application accompanied by the required |
24 | | fee. |
25 | | The Department may employ consultants for the purpose of |
26 | | preparing and conducting examinations. |
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1 | | An applicant has one year from the date of notification of |
2 | | successful completion of the examination to apply to the |
3 | | Department for a license. If an applicant fails to apply |
4 | | within one year, the applicant shall be required to take and |
5 | | pass the examination again unless licensed in another |
6 | | jurisdiction of the United States within one year of passing |
7 | | the examination. |
8 | | (Source: P.A. 98-445, eff. 12-31-13 .)
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9 | | (225 ILCS 415/12.1) |
10 | | (Section scheduled to be repealed on January 1, 2025) |
11 | | Sec. 12.1. Social Security Number or federal individual |
12 | | taxpayer identification number on license application. In |
13 | | addition to any other information required to be contained in |
14 | | the application, every application for an original license |
15 | | under this Act shall include the applicant's Social Security |
16 | | Number or federal individual taxpayer identification number , |
17 | | which shall be retained in the Department's records pertaining |
18 | | to the license. As soon as practicable, the Department shall |
19 | | assign a customer's identification number to each applicant |
20 | | for a license. Every application for a renewal or restored |
21 | | license shall require the applicant's customer identification |
22 | | number. |
23 | | (Source: P.A. 98-445, eff. 12-31-13 .)
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24 | | (225 ILCS 415/14) (from Ch. 111, par. 6214) |
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1 | | (Section scheduled to be repealed on January 1, 2025) |
2 | | Sec. 14. Expiration, renewal, and military service. The |
3 | | expiration date and renewal period for each certificate issued |
4 | | under this Act shall be set by rule. |
5 | | Any certified shorthand reporter who has permitted the |
6 | | reporter's his certificate to expire or who has had the |
7 | | reporter's his certificate on inactive status may have the his |
8 | | certificate restored by making application to the Department, |
9 | | filing proof acceptable to the Department of the reporter's |
10 | | his fitness to have the his certificate restored and paying |
11 | | the required restoration fee. The Department may consider a |
12 | | certificate expired less than 5 years as prima facie evidence |
13 | | that the applicant is fit. If a certificate has expired or has |
14 | | been placed on inactive status and the applicant has practiced |
15 | | in another jurisdiction during such period, satisfactory proof |
16 | | of fitness may include sworn evidence certifying to active |
17 | | practice in another jurisdiction. |
18 | | If the certified shorthand reporter has not maintained an |
19 | | active practice in another jurisdiction satisfactory to the |
20 | | Department, the Department shall determine, by an evaluation |
21 | | program established by rule, the reporter's his fitness to |
22 | | resume active status and shall, by rule, establish procedures |
23 | | and requirements for restoration. |
24 | | However, any certified shorthand reporter whose |
25 | | certificate expired while he was (1) in Federal Service on |
26 | | active duty with the Armed Forces of the United States, while |
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1 | | or the State Militia called into service or training in the |
2 | | State Militia , or while (2) in training or education under the |
3 | | supervision of the United States preliminary to induction into |
4 | | the military service , may have the his certificate renewed or |
5 | | restored without paying any lapsed renewal fees if , within 2 |
6 | | years after termination of such service, training , or |
7 | | education except under conditions other than honorable, the |
8 | | Department is furnished with satisfactory evidence to the |
9 | | effect that the certificate holder has been so engaged and |
10 | | that the service, training, or education has been terminated |
11 | | he furnished the Department with satisfactory evidence to the |
12 | | effect that he has been so engaged and that his service, |
13 | | training or education has been so terminated . |
14 | | (Source: P.A. 98-445, eff. 12-31-13 .)
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15 | | (225 ILCS 415/15) (from Ch. 111, par. 6215) |
16 | | (Section scheduled to be repealed on January 1, 2025) |
17 | | Sec. 15. Inactive status. Any certified shorthand reporter |
18 | | who notifies the Department in writing on forms prescribed by |
19 | | the Department, may elect to place the reporter's his |
20 | | certificate on an inactive status and shall, subject to rules |
21 | | of the Department, be excused from payment of renewal fees |
22 | | until he notifies the Department has been notified in writing |
23 | | of the certificate holder's his desire to resume active |
24 | | status. |
25 | | Any certified shorthand reporter requesting restoration |
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1 | | from inactive status shall be required to pay the current |
2 | | renewal fee and shall be required to restore the reporter's |
3 | | his certificate, as provided in Section 14. |
4 | | Any certified shorthand reporter whose certificate is in |
5 | | an inactive status shall not practice shorthand reporting in |
6 | | the State of Illinois. |
7 | | (Source: P.A. 98-445, eff. 12-31-13 .)
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8 | | (225 ILCS 415/16) (from Ch. 111, par. 6216) |
9 | | (Section scheduled to be repealed on January 1, 2025) |
10 | | Sec. 16. Endorsement; licensure without examination. The |
11 | | Department may certify as a certified shorthand reporter, |
12 | | without examination, on payment of the required fee, an |
13 | | applicant who is a certified shorthand reporter registered |
14 | | under the laws of another jurisdiction, if the requirements |
15 | | for certification of certified shorthand reporters in that |
16 | | jurisdiction were, at the date of his certification, |
17 | | substantially equivalent to the requirements in force in this |
18 | | State on that date. |
19 | | Applicants have 3 years from the date of application to |
20 | | complete the application process. If the process has not been |
21 | | completed in 3 years, the application shall be denied, the fee |
22 | | forfeited , and the applicant must reapply and meet the |
23 | | requirements in effect at the time of reapplication. |
24 | | (Source: P.A. 98-445, eff. 12-31-13 .)
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1 | | (225 ILCS 415/17) (from Ch. 111, par. 6217) |
2 | | (Section scheduled to be repealed on January 1, 2025) |
3 | | Sec. 17. Fees; returned checks. |
4 | | (a) The fees for the administration and enforcement of |
5 | | this Act, including , but not limited to, original |
6 | | certification, renewal , and restoration of a license issued |
7 | | under this Act, shall be set by rule. The fees shall be |
8 | | nonrefundable. |
9 | | (b) All fees, fines, and penalties collected under this |
10 | | Act shall be deposited into the General Professions Dedicated |
11 | | Fund and shall be appropriated to the Department for the |
12 | | ordinary and contingent expenses of the Department in the |
13 | | administration of this Act. |
14 | | (c) Any person who delivers a check or other payment to the |
15 | | Department that is returned to the Department unpaid by the |
16 | | financial institution upon which it is drawn shall pay to the |
17 | | Department, in addition to the amount already owed to the |
18 | | Department, a fine of $50. The fines imposed by this Section |
19 | | are in addition to any other discipline provided under this |
20 | | Act prohibiting unlicensed practice or practice on a |
21 | | nonrenewed license. The Department shall notify the person |
22 | | that payment of fees and fines shall be paid to the Department |
23 | | by certified check or money order within 30 calendar days of |
24 | | the notification. If, after the expiration of 30 days from the |
25 | | date of the notification, the person has failed to submit the |
26 | | necessary remittance, the Department shall automatically |
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1 | | terminate the license or certificate or deny the application, |
2 | | without hearing. If, after termination or denial, the person |
3 | | seeks a license or certificate, the person he or she shall |
4 | | apply to the Department for restoration or issuance of the |
5 | | license or certificate and pay all fees and fines due to the |
6 | | Department. The Department may establish a fee for the |
7 | | processing of an application for restoration of a license or |
8 | | certificate to pay all expenses of processing this |
9 | | application. The Secretary may waive the fines due under this |
10 | | Section in individual cases where the Secretary finds that the |
11 | | fines would be unreasonable or unnecessarily burdensome. |
12 | | (Source: P.A. 98-445, eff. 12-31-13 .)
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13 | | (225 ILCS 415/19) (from Ch. 111, par. 6219) |
14 | | (Section scheduled to be repealed on January 1, 2025) |
15 | | Sec. 19. Advertising. Any person certified under this Act |
16 | | may advertise the availability of professional services in the |
17 | | public media or on the premises where such professional |
18 | | services are rendered as permitted by law, on the condition |
19 | | that such advertising is truthful and not misleading and is in |
20 | | conformity with rules promulgated by the Department. |
21 | | Advertisements shall not include false, fraudulent, deceptive, |
22 | | or misleading material or guarantees of success. |
23 | | Advertisements shall also not include any offers of any gift |
24 | | or item of value to attorneys or the attorneys' their staff or |
25 | | any other persons or entities associated with any litigation. |
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1 | | (Source: P.A. 98-445, eff. 12-31-13 .)
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2 | | (225 ILCS 415/23) (from Ch. 111, par. 6223) |
3 | | (Section scheduled to be repealed on January 1, 2025) |
4 | | Sec. 23. Grounds for disciplinary action. |
5 | | (a) The Department may refuse to issue or renew, or may |
6 | | revoke, suspend, place on probation, reprimand , or take other |
7 | | disciplinary or non-disciplinary action as the Department may |
8 | | deem appropriate, including imposing fines not to exceed |
9 | | $10,000 for each violation and the assessment of costs as |
10 | | provided for in Section 23.3 of this Act, with regard to any |
11 | | license for any one or combination of the following: |
12 | | (1) Material misstatement in furnishing information to |
13 | | the Department; |
14 | | (2) Violations of this Act, or of the rules |
15 | | promulgated thereunder; |
16 | | (3) Conviction by plea of guilty or nolo contendere, |
17 | | finding of guilt, jury verdict, or entry of judgment or by |
18 | | sentencing of any crime, including, but not limited to, |
19 | | convictions, preceding sentences of supervision, |
20 | | conditional discharge, or first offender probation under |
21 | | the laws of any jurisdiction of the United States: (i) |
22 | | that is a felony or (ii) that is a misdemeanor, an |
23 | | essential element of which is dishonesty, or that is |
24 | | directly related to the practice of the profession; |
25 | | (4) Fraud or any misrepresentation in applying for or |
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1 | | procuring a license under this Act or in connection with |
2 | | applying for renewal of a license under this Act; |
3 | | (5) Professional incompetence; |
4 | | (6) Aiding or assisting another person, firm, |
5 | | partnership , or corporation in violating any provision of |
6 | | this Act or rules; |
7 | | (7) Failing, within 60 days, to provide information in |
8 | | response to a written request made by the Department; |
9 | | (8) Engaging in dishonorable, unethical , or |
10 | | unprofessional conduct of a character likely to deceive, |
11 | | defraud , or harm the public; |
12 | | (9) Habitual or excessive use or abuse of drugs |
13 | | defined in law as controlled substances, alcohol, or any |
14 | | other substances that results in the inability to practice |
15 | | with reasonable judgment, skill, or safety; |
16 | | (10) Discipline by another state, unit of government, |
17 | | government agency, the District of Columbia, a territory, |
18 | | or foreign nation, if at least one of the grounds for the |
19 | | discipline is the same or substantially equivalent to |
20 | | those set forth herein; |
21 | | (11) Charging for professional services not rendered, |
22 | | including filing false statements for the collection of |
23 | | fees for which services were not rendered, or giving, |
24 | | directly or indirectly, any gift or anything of value to |
25 | | attorneys or the attorneys' their staff or any other |
26 | | persons or entities associated with any litigation, that |
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1 | | exceeds $100 total per year; for the purposes of this |
2 | | Section, pro bono services, as defined by State law, are |
3 | | permissible in any amount; |
4 | | (12) A finding by the Board that the certificate |
5 | | holder, after having the his certificate placed on |
6 | | probationary status, has violated the terms of probation; |
7 | | (13) Willfully making or filing false records or |
8 | | reports in the practice of shorthand reporting, including , |
9 | | but not limited to , false records filed with State |
10 | | agencies or departments; |
11 | | (14) Physical illness, including , but not limited to, |
12 | | deterioration through the aging process, or loss of motor |
13 | | skill which results in the inability to practice under |
14 | | this Act with reasonable judgment, skill , or safety; |
15 | | (15) Solicitation of professional services other than |
16 | | by permitted advertising; |
17 | | (16) Willful failure to take full and accurate |
18 | | stenographic notes of any proceeding; |
19 | | (17) Willful alteration of any stenographic notes |
20 | | taken at any proceeding; |
21 | | (18) Willful failure to accurately transcribe verbatim |
22 | | any stenographic notes taken at any proceeding; |
23 | | (19) Willful alteration of a transcript of |
24 | | stenographic notes taken at any proceeding; |
25 | | (20) Affixing one's signature to any transcript of his |
26 | | stenographic notes or certifying to its correctness unless |
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1 | | the transcript has been prepared by the stenographer him |
2 | | or under the stenographer's his immediate supervision; |
3 | | (21) Willful failure to systematically retain |
4 | | stenographic notes or transcripts on paper or any |
5 | | electronic media for 10 years from the date that the notes |
6 | | or transcripts were taken; |
7 | | (22) Failure to deliver transcripts in a timely manner |
8 | | or in accordance with contractual agreements; |
9 | | (23) Establishing contingent fees as a basis of |
10 | | compensation; |
11 | | (24) Mental illness or disability that results in the |
12 | | inability to practice under this Act with reasonable |
13 | | judgment, skill, or safety; |
14 | | (25) Practicing under a false or assumed name, except |
15 | | as provided by law; |
16 | | (26) Cheating on or attempting to subvert the |
17 | | licensing examination administered under this Act; |
18 | | (27) Allowing one's license under this Act to be used |
19 | | by an unlicensed person in violation of this Act. |
20 | | All fines imposed under this Section shall be paid within |
21 | | 60 days after the effective date of the order imposing the fine |
22 | | or in accordance with the terms set forth in the order imposing |
23 | | the fine. |
24 | | (b) The determination by a circuit court that a |
25 | | certificate holder is subject to involuntary admission or |
26 | | judicial admission as provided in the Mental Health and |
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1 | | Developmental Disabilities Code, operates as an automatic |
2 | | suspension. Such suspension will end only upon a finding by a |
3 | | court that the patient is no longer subject to involuntary |
4 | | admission or judicial admission, an order by the court so |
5 | | finding and discharging the patient. In any case where a |
6 | | license is suspended under this Section, the licensee may file |
7 | | a petition for restoration and shall include evidence |
8 | | acceptable to the Department that the licensee can resume |
9 | | practice in compliance with acceptable and prevailing |
10 | | standards of the profession. |
11 | | (c) In cases where the Department of Healthcare and Family |
12 | | Services has previously determined a licensee or a potential |
13 | | licensee is more than 30 days delinquent in the payment of |
14 | | child support and has subsequently certified the delinquency |
15 | | to the Department, the Department may refuse to issue or renew |
16 | | or may revoke or suspend that person's license or may take |
17 | | other disciplinary action against that person based solely |
18 | | upon the certification of delinquency made by the Department |
19 | | of Healthcare and Family Services in accordance with item (5) |
20 | | of subsection (a) of Section 2105-15 of the Civil |
21 | | Administrative Code of Illinois. |
22 | | (d) In enforcing this Section, the Department, upon a |
23 | | showing of a possible violation, may compel any individual who |
24 | | is certified under this Act or any individual who has applied |
25 | | for certification under this Act to submit to a mental or |
26 | | physical examination and evaluation, or both, which may |
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1 | | include a substance abuse or sexual offender evaluation, at |
2 | | the expense of the Department. The Department shall |
3 | | specifically designate the examining physician licensed to |
4 | | practice medicine in all of its branches or, if applicable, |
5 | | the multidisciplinary team involved in providing the mental or |
6 | | physical examination and evaluation, or both. The |
7 | | multidisciplinary team shall be led by a physician licensed to |
8 | | practice medicine in all of its branches and may consist of one |
9 | | or more or a combination of physicians licensed to practice |
10 | | medicine in all of its branches, licensed chiropractic |
11 | | physicians, licensed clinical psychologists, licensed clinical |
12 | | social workers, licensed clinical professional counselors, and |
13 | | other professional and administrative staff. Any examining |
14 | | physician or member of the multidisciplinary team may require |
15 | | any person ordered to submit to an examination and evaluation |
16 | | pursuant to this Section to submit to any additional |
17 | | supplemental testing deemed necessary to complete any |
18 | | examination or evaluation process, including, but not limited |
19 | | to, blood testing, urinalysis, psychological testing, or |
20 | | neuropsychological testing. |
21 | | The Department may order the examining physician or any |
22 | | member of the multidisciplinary team to provide to the |
23 | | Department any and all records, including business records, |
24 | | that relate to the examination and evaluation, including any |
25 | | supplemental testing performed. The Department may order the |
26 | | examining physician or any member of the multidisciplinary |
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1 | | team to present testimony concerning this examination and |
2 | | evaluation of the certified shorthand reporter or applicant, |
3 | | including testimony concerning any supplemental testing or |
4 | | documents relating to the examination and evaluation. No |
5 | | information, report, record, or other documents in any way |
6 | | related to the examination and evaluation shall be excluded by |
7 | | reason of any common law or statutory privilege relating to |
8 | | communication between the licensee or applicant and the |
9 | | examining physician or any member of the multidisciplinary |
10 | | team. No authorization is necessary from the certified |
11 | | shorthand reporter or applicant ordered to undergo an |
12 | | evaluation and examination for the examining physician or any |
13 | | member of the multidisciplinary team to provide information, |
14 | | reports, records, or other documents or to provide any |
15 | | testimony regarding the examination and evaluation. The |
16 | | individual to be examined may have, at that individual's his |
17 | | or her own expense, another physician of the individual's his |
18 | | or her choice present during all aspects of the examination. |
19 | | Failure of any individual to submit to mental or physical |
20 | | examination and evaluation, or both, when directed, shall |
21 | | result in an automatic suspension, without hearing, until such |
22 | | time as the individual submits to the examination. If the |
23 | | Department finds a certified shorthand reporter unable to |
24 | | practice because of the reasons set forth in this Section, the |
25 | | Department shall require the certified shorthand reporter to |
26 | | submit to care, counseling, or treatment by physicians |
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1 | | approved or designated by the Department, as a condition for |
2 | | continued, reinstated, or renewed certification. |
3 | | When the Secretary immediately suspends a certificate |
4 | | under this Section, a hearing upon the person's certificate |
5 | | must be convened by the Department within 15 days after the |
6 | | suspension and completed without appreciable delay. The |
7 | | Department shall have the authority to review the certified |
8 | | shorthand reporter's record of treatment and counseling |
9 | | regarding the impairment, to the extent permitted by |
10 | | applicable federal statutes and regulations safeguarding the |
11 | | confidentiality of medical records. |
12 | | An individual Individuals certified under this Act, |
13 | | affected under this Section, shall be afforded an opportunity |
14 | | to demonstrate to the Department that they can resume practice |
15 | | in compliance with acceptable and prevailing standards under |
16 | | the provisions of the individual's their certification. |
17 | | (e) (Blank). |
18 | | (f) The Department may refuse to issue or may suspend |
19 | | without hearing, as provided for in the Code of Civil |
20 | | Procedure, the license of any person who fails to file a |
21 | | return, to pay the tax, penalty, or interest shown in a filed |
22 | | return, or to pay any final assessment of tax, penalty, or |
23 | | interest as required by any tax Act administered by the |
24 | | Illinois Department of Revenue, until such time as the |
25 | | requirements of any such tax Act are satisfied in accordance |
26 | | with subsection (g) of Section 2105-15 of the Civil |
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1 | | Administrative Code of Illinois. |
2 | | (Source: P.A. 100-872, eff. 8-14-18 .)
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3 | | (225 ILCS 415/23.1) (from Ch. 111, par. 6224) |
4 | | (Section scheduled to be repealed on January 1, 2025) |
5 | | Sec. 23.1. Injunctive actions; order to cease and desist. |
6 | | (a) If any person violates the provisions of this Act, the |
7 | | Secretary may, in the name of the People of the State of |
8 | | Illinois, through the Attorney General of the State of |
9 | | Illinois or the State's Attorney of the county in which the |
10 | | violation is alleged to have occurred, petition for an order |
11 | | enjoining such violation or for an order enforcing compliance |
12 | | with this Act. Upon the filing of a verified petition in such |
13 | | court, the court may issue a temporary restraining order, |
14 | | without notice or bond, and may preliminarily and permanently |
15 | | enjoin such violation. If it is established that such person |
16 | | has violated or is violating the injunction, the court may |
17 | | punish the offender for contempt of court. Proceedings under |
18 | | this Section shall be in addition to, and not in lieu of, all |
19 | | other remedies and penalties provided by this Act. |
20 | | (b) If any person practices as a certified shorthand |
21 | | reporter or holds oneself himself or herself out as a |
22 | | certified shorthand reporter without being licensed under the |
23 | | provisions of this Act then any certified shorthand reporter, |
24 | | any interested party or any person injured thereby may, in |
25 | | addition to the Secretary, petition for relief as provided in |
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1 | | subsection (a). |
2 | | (c) Whenever in the opinion of the Department any person |
3 | | violates any provision of this Act, the Department may issue a |
4 | | rule to show cause why an order to cease and desist should not |
5 | | be entered against that individual. The rule shall clearly set |
6 | | forth the grounds relied upon by the Department and shall |
7 | | provide a period of 7 days from the date of the rule to file an |
8 | | answer to the satisfaction of the Department. Failure to |
9 | | answer to the satisfaction of the Department shall cause an |
10 | | order to cease and desist to be issued forthwith. |
11 | | (Source: P.A. 98-445, eff. 12-31-13 .)
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12 | | (225 ILCS 415/23.2) (from Ch. 111, par. 6225) |
13 | | (Section scheduled to be repealed on January 1, 2025) |
14 | | Sec. 23.2. Investigations; notice and hearing. The |
15 | | Department may investigate the actions of any applicant or of |
16 | | any person or persons holding or claiming to hold a |
17 | | certificate. The Department shall, before refusing to issue or |
18 | | renew, or taking disciplinary action against, a certificate, |
19 | | at least 30 days prior to the date set for the hearing, notify |
20 | | in writing the applicant for, or holder of, a certificate of |
21 | | the nature of the charges and the time and place for a hearing |
22 | | on the charges. The Department shall direct the applicant or |
23 | | licensee to file a written answer to the charges with the Board |
24 | | under oath within 20 days after the service of the notice and |
25 | | inform the applicant or licensee that failure to file an |
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1 | | answer will result in default being taken against the |
2 | | applicant or licensee. At the time and place fixed in the |
3 | | notice, the Department shall proceed to hear the charges and |
4 | | the parties or the parties' their counsel shall be accorded |
5 | | ample opportunity to present any pertinent statements, |
6 | | testimony, evidence, and arguments. The Department may |
7 | | continue the hearing from time to time. In case the person, |
8 | | after receiving the notice, fails to file an answer, the his or |
9 | | her license may, in the discretion of the Department, be |
10 | | revoked, suspended, or placed on probationary status or the |
11 | | Department may take whatever disciplinary action considered |
12 | | proper, including limiting the scope, nature, or extent of the |
13 | | person's practice or the imposition of a fine, without a |
14 | | hearing, if the act or acts charged constitute sufficient |
15 | | grounds for that action under this Act. The written notice and |
16 | | any notice in the subsequent proceeding may be served by |
17 | | regular registered or certified mail to the licensee's address |
18 | | of record or by electronic mail to the licensee's email |
19 | | address of record . |
20 | | (Source: P.A. 98-445, eff. 12-31-13 .)
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21 | | (225 ILCS 415/23.4) (from Ch. 111, par. 6227) |
22 | | (Section scheduled to be repealed on January 1, 2025) |
23 | | Sec. 23.4. Subpoenas; oaths. The Department may subpoena |
24 | | and bring before it any person and to take the oral or written |
25 | | testimony or compel the production of any books, papers, |
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1 | | records, or any other documents that the Secretary or the |
2 | | Secretary's his or her designee deems relevant or material to |
3 | | an investigation or hearing conducted by the Department with |
4 | | the same fees and mileage and in the same manner as prescribed |
5 | | by law in judicial procedure in civil cases in courts of this |
6 | | State. |
7 | | The Secretary, the designated hearing officer, any member |
8 | | of the Board, or a certified shorthand court reporter may have |
9 | | power to administer oaths at any hearing which the Department |
10 | | conducts. Notwithstanding any other statute or Department rule |
11 | | to the contrary, all requests for testimony and production of |
12 | | documents or records shall be in accordance with this Act. |
13 | | (Source: P.A. 98-445, eff. 12-31-13 .)
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14 | | (225 ILCS 415/23.6) (from Ch. 111, par. 6229) |
15 | | (Section scheduled to be repealed on January 1, 2025) |
16 | | Sec. 23.6. Board report. At the conclusion of the hearing |
17 | | the Board shall present to the Secretary a written report of |
18 | | its findings of fact, conclusions of law , and recommendations. |
19 | | The report shall contain a finding whether or not the accused |
20 | | person violated this Act or failed to comply with the |
21 | | conditions required in this Act. The Board shall specify the |
22 | | nature of the violation or failure to comply, and shall make |
23 | | its recommendations to the Secretary. The report of findings |
24 | | of fact, conclusions of law , and recommendations of the Board |
25 | | shall be the basis for the Secretary's Department's action |
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1 | | regarding a certificate. If the Secretary disagrees in any |
2 | | regard with the report of the Board , the Secretary he may issue |
3 | | an order in contravention thereof. The finding is not |
4 | | admissible in evidence against the person in a criminal |
5 | | prosecution brought for the violation of this Act, but the |
6 | | hearing and findings are not a bar to a criminal prosecution |
7 | | brought for the violation of this Act. |
8 | | (Source: P.A. 98-445, eff. 12-31-13 .)
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9 | | (225 ILCS 415/23.7) (from Ch. 111, par. 6230) |
10 | | (Section scheduled to be repealed on January 1, 2025) |
11 | | Sec. 23.7. Motion for rehearing. In any hearing involving |
12 | | the refusal to issue or renew, or the taking of disciplinary |
13 | | action against, a certificate, a copy of the Board's report |
14 | | shall be served upon the respondent by the Department as |
15 | | provided in this Act for the service of the notice of hearing. |
16 | | Within 20 days after such service, the respondent may present |
17 | | to the Secretary Department a motion in writing for a |
18 | | rehearing, which motion shall specify the particular grounds |
19 | | therefor. If no motion for rehearing is filed, then upon the |
20 | | expiration of the time specified for filing such a motion, or |
21 | | if a motion for rehearing is denied, then upon such denial the |
22 | | Secretary may enter an order in accordance with |
23 | | recommendations of the Board except as provided in Section |
24 | | 23.6. If the respondent shall order from the reporting |
25 | | service, and pay for a transcript of the record within the time |
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1 | | for filing a motion for rehearing, the 20 day period within |
2 | | which such a motion may be filed shall commence upon the |
3 | | delivery of the transcript to the respondent. |
4 | | (Source: P.A. 98-445, eff. 12-31-13 .)
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5 | | (225 ILCS 415/23.9) (from Ch. 111, par. 6232) |
6 | | (Section scheduled to be repealed on January 1, 2025) |
7 | | Sec. 23.9. Hearing officers, reports, and review. The |
8 | | Secretary shall have the authority to appoint any attorney |
9 | | duly licensed to practice law in the State of Illinois to serve |
10 | | as the hearing officer in any action involving a refusal to |
11 | | issue or renew, or the taking of disciplinary action against a |
12 | | certificate. The hearing officer shall have full authority to |
13 | | conduct the hearing. The hearing officer shall report the |
14 | | hearing officer's his or her findings of fact, conclusions of |
15 | | law , and recommendations to the Board and the Secretary . The |
16 | | Board shall have 60 days from receipt of the report to review |
17 | | the report of the hearing officer and present the Board's |
18 | | their findings of fact, conclusions of law , and |
19 | | recommendations to the Secretary. If the Board fails to |
20 | | present its report within the 60 day period, the Secretary may |
21 | | issue an order based on the report of the hearing officer. If |
22 | | the Secretary disagrees with the report of the Board or |
23 | | hearing officer, the Secretary he may issue an order in |
24 | | contravention thereof. |
25 | | (Source: P.A. 98-445, eff. 12-31-13 .)
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1 | | (225 ILCS 415/23.15) (from Ch. 111, par. 6238) |
2 | | (Section scheduled to be repealed on January 1, 2025) |
3 | | Sec. 23.15. Certification of record; receipt. The |
4 | | Department shall not be required to certify any record to the |
5 | | court or file any answer in court or otherwise appear in any |
6 | | court in a judicial review proceeding, unless and until the |
7 | | Department has received from the plaintiff payment of the |
8 | | costs of furnishing and certifying the record, which costs |
9 | | shall be determined by the Department. Exhibits shall be |
10 | | certified without cost. Failure on the part of the plaintiff |
11 | | to file a receipt in court shall be grounds for dismissal of |
12 | | the action. |
13 | | (Source: P.A. 98-445, eff. 12-31-13 .)
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14 | | (225 ILCS 415/24) (from Ch. 111, par. 6240) |
15 | | (Section scheduled to be repealed on January 1, 2025) |
16 | | Sec. 24. Administrative Procedure Act. The Illinois |
17 | | Administrative Procedure Act is hereby expressly adopted and |
18 | | incorporated herein as if all of the provisions of that Act |
19 | | were included in this Act, except that the provision of |
20 | | subsection (d) of Section 10-65 of the Illinois Administrative |
21 | | Procedure Act that provides that at hearings the certificate |
22 | | holder has the right to show compliance with all lawful |
23 | | requirements for retention, continuation |
| | , or renewal of |
24 | | certification is specifically excluded. For the purpose of |
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1 | | this Act the notice required under Section 10-25 of the |
2 | | Illinois Administrative Procedure Act is deemed sufficient |
3 | | when mailed to the last known address of record or email |
4 | | address of record . |
5 | | (Source: P.A. 98-445, eff. 12-31-13 .)
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6 | | (225 ILCS 415/26) (from Ch. 111, par. 6242) |
7 | | (Section scheduled to be repealed on January 1, 2025) |
8 | | Sec. 26. Every shorthand reporter shall print the |
9 | | reporter's his or her name and license or restricted license |
10 | | number on each transcript reported. |
11 | | (Source: P.A. 87-481; 87-576 .)
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12 | | (225 ILCS 415/26.1) |
13 | | (Section scheduled to be repealed on January 1, 2025) |
14 | | Sec. 26.1. Responsibility for notes. It is the licensee's |
15 | | responsibility to preserve the licensee's his or her shorthand |
16 | | notes for a period of no less than 10 years from the date that |
17 | | the notes or transcripts were taken, except as otherwise |
18 | | prescribed by law, through storage of the original paper notes |
19 | | or an electronic copy of either the shorthand notes or the |
20 | | English transcript of the notes on computer disks, cassettes, |
21 | | backup tape systems, optical or laser disk systems, or other |
22 | | retrieval systems available at the time that the notes or |
23 | | transcripts were taken. |
24 | | (Source: P.A. 98-445, eff. 12-31-13 .)
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1 | | (225 ILCS 415/18 rep.) |
2 | | Section 15. The Illinois Certified Shorthand Reporters Act |
3 | | of 1984 is amended by repealing Section 18.
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4 | | Section 99. Effective date. This Act takes effect upon |
5 | | becoming law. |
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 5 ILCS 80/4.35 | | | 4 | | 5 ILCS 80/4.40 | | | 5 | | 225 ILCS 415/4 | from Ch. 111, par. 6204 | | 6 | | 225 ILCS 415/4.1 new | | | 7 | | 225 ILCS 415/5 | from Ch. 111, par. 6205 | | 8 | | 225 ILCS 415/6 | from Ch. 111, par. 6206 | | 9 | | 225 ILCS 415/8 | from Ch. 111, par. 6208 | | 10 | | 225 ILCS 415/10 | from Ch. 111, par. 6210 | | 11 | | 225 ILCS 415/12.1 | | | 12 | | 225 ILCS 415/14 | from Ch. 111, par. 6214 | | 13 | | 225 ILCS 415/15 | from Ch. 111, par. 6215 | | 14 | | 225 ILCS 415/16 | from Ch. 111, par. 6216 | | 15 | | 225 ILCS 415/17 | from Ch. 111, par. 6217 | | 16 | | 225 ILCS 415/19 | from Ch. 111, par. 6219 | | 17 | | 225 ILCS 415/23 | from Ch. 111, par. 6223 | | 18 | | 225 ILCS 415/23.1 | from Ch. 111, par. 6224 | | 19 | | 225 ILCS 415/23.2 | from Ch. 111, par. 6225 | | 20 | | 225 ILCS 415/23.4 | from Ch. 111, par. 6227 | | 21 | | 225 ILCS 415/23.6 | from Ch. 111, par. 6229 | | 22 | | 225 ILCS 415/23.7 | from Ch. 111, par. 6230 | | 23 | | 225 ILCS 415/23.9 | from Ch. 111, par. 6232 | | 24 | | 225 ILCS 415/23.15 | from Ch. 111, par. 6238 | | 25 | | 225 ILCS 415/24 | from Ch. 111, par. 6240 | |
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