Illinois-2017-SB2439-Introduced

100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB2439

Introduced 1/30/2018, by Sen. Scott M. Bennett

SYNOPSIS AS INTRODUCED:

See Index

Amends various acts to remove provisions allowing or requiring licensing authorities to revoke professional licenses for defaulting on an educational loan provided by or guaranteed by the Illinois Student

Assistance Commission. Effective immediately.

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A BILL FOR

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1 AN ACT concerning regulation.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Department of Professional Regulation Law of

5 the Civil Administrative Code of Illinois is amended by

6 changing Sections 2105-15 and 2105-207 as follows:

7 (20 ILCS 2105/2105-15)

8 Sec. 2105-15. General powers and duties.

9 (a) The Department has, subject to the provisions of the

10 Civil Administrative Code of Illinois, the following powers and

11 duties:

12 (1) To authorize examinations in English to ascertain

13 the qualifications and fitness of applicants to exercise

14 the profession, trade, or occupation for which the

15 examination is held.

16 (2) To prescribe rules and regulations for a fair and

17 wholly impartial method of examination of candidates to

18 exercise the respective professions, trades, or

19 occupations.

20 (3) To pass upon the qualifications of applicants for

21 licenses, certificates, and authorities, whether by

22 examination, by reciprocity, or by endorsement.

23 (4) To prescribe rules and regulations defining, for

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1 the respective professions, trades, and occupations, what

2 shall constitute a school, college, or university, or

3 department of a university, or other institution,

4 reputable and in good standing, and to determine the

5 reputability and good standing of a school, college, or

6 university, or department of a university, or other

7 institution, reputable and in good standing, by reference

8 to a compliance with those rules and regulations; provided,

9 that no school, college, or university, or department of a

10 university, or other institution that refuses admittance

11 to applicants solely on account of race, color, creed, sex,

12 sexual orientation, or national origin shall be considered

13 reputable and in good standing.

14 (5) To conduct hearings on proceedings to revoke,

15 suspend, refuse to renew, place on probationary status, or

16 take other disciplinary action as authorized in any

17 licensing Act administered by the Department with regard to

18 licenses, certificates, or authorities of persons

19 exercising the respective professions, trades, or

20 occupations and to revoke, suspend, refuse to renew, place

21 on probationary status, or take other disciplinary action

22 as authorized in any licensing Act administered by the

23 Department with regard to those licenses, certificates, or

24 authorities. The Department shall issue a monthly

25 disciplinary report. ~~The Department shall deny any license~~

26 ~~or renewal authorized by the Civil Administrative Code of~~

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1 ~~Illinois to any person who has defaulted on an educational~~

2 ~~loan or scholarship provided by or guaranteed by the~~

3 ~~Illinois Student Assistance Commission or any governmental~~

4 ~~agency of this State; however, the Department may issue a~~

5 ~~license or renewal if the aforementioned persons have~~

6 ~~established a satisfactory repayment record as determined~~

7 ~~by the Illinois Student Assistance Commission or other~~

8 ~~appropriate governmental agency of this State.~~

9 ~~Additionally, beginning June 1, 1996, any license issued by~~

10 ~~the Department may be suspended or revoked if the~~

11 ~~Department, after the opportunity for a hearing under the~~

12 ~~appropriate licensing Act, finds that the licensee has~~

13 ~~failed to make satisfactory repayment to the Illinois~~

14 ~~Student Assistance Commission for a delinquent or~~

15 ~~defaulted loan. For the purposes of this Section,~~

16 ~~"satisfactory repayment record" shall be defined by rule.~~

17 The Department shall refuse to issue or renew a license to,

18 or shall suspend or revoke a license of, any person who,

19 after receiving notice, fails to comply with a subpoena or

20 warrant relating to a paternity or child support

21 proceeding. However, the Department may issue a license or

22 renewal upon compliance with the subpoena or warrant.

23 The Department, without further process or hearings,

24 shall revoke, suspend, or deny any license or renewal

25 authorized by the Civil Administrative Code of Illinois to

26 a person who is certified by the Department of Healthcare

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1 and Family Services (formerly Illinois Department of

2 Public Aid) as being more than 30 days delinquent in

3 complying with a child support order or who is certified by

4 a court as being in violation of the Non-Support Punishment

5 Act for more than 60 days. The Department may, however,

6 issue a license or renewal if the person has established a

7 satisfactory repayment record as determined by the

8 Department of Healthcare and Family Services (formerly

9 Illinois Department of Public Aid) or if the person is

10 determined by the court to be in compliance with the

11 Non-Support Punishment Act. The Department may implement

12 this paragraph as added by Public Act 89-6 through the use

13 of emergency rules in accordance with Section 5-45 of the

14 Illinois Administrative Procedure Act. For purposes of the

15 Illinois Administrative Procedure Act, the adoption of

16 rules to implement this paragraph shall be considered an

17 emergency and necessary for the public interest, safety,

18 and welfare.

19 (6) To transfer jurisdiction of any realty under the

20 control of the Department to any other department of the

21 State Government or to acquire or accept federal lands when

22 the transfer, acquisition, or acceptance is advantageous

23 to the State and is approved in writing by the Governor.

24 (7) To formulate rules and regulations necessary for

25 the enforcement of any Act administered by the Department.

26 (8) To exchange with the Department of Healthcare and

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1 Family Services information that may be necessary for the

2 enforcement of child support orders entered pursuant to the

3 Illinois Public Aid Code, the Illinois Marriage and

4 Dissolution of Marriage Act, the Non-Support of Spouse and

5 Children Act, the Non-Support Punishment Act, the Revised

6 Uniform Reciprocal Enforcement of Support Act, the Uniform

7 Interstate Family Support Act, the Illinois Parentage Act

8 of 1984, or the Illinois Parentage Act of 2015.

9 Notwithstanding any provisions in this Code to the

10 contrary, the Department of Professional Regulation shall

11 not be liable under any federal or State law to any person

12 for any disclosure of information to the Department of

13 Healthcare and Family Services (formerly Illinois

14 Department of Public Aid) under this paragraph (8) or for

15 any other action taken in good faith to comply with the

16 requirements of this paragraph (8).

17 (8.5) To accept continuing education credit for

18 mandated reporter training on how to recognize and report

19 child abuse offered by the Department of Children and

20 Family Services and completed by any person who holds a

21 professional license issued by the Department and who is a

22 mandated reporter under the Abused and Neglected Child

23 Reporting Act. The Department shall adopt any rules

24 necessary to implement this paragraph.

25 (9) To perform other duties prescribed by law.

26 (a-5) Except in ~~cases involving default on an educational~~

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1 ~~loan or scholarship provided by or guaranteed by the Illinois~~

2 ~~Student Assistance Commission or any governmental agency of~~

3 ~~this State or in~~ cases involving delinquency in complying with

4 a child support order or violation of the Non-Support

5 Punishment Act and notwithstanding anything that may appear in

6 any individual licensing Act or administrative rule, no person

7 or entity whose license, certificate, or authority has been

8 revoked as authorized in any licensing Act administered by the

9 Department may apply for restoration of that license,

10 certification, or authority until 3 years after the effective

11 date of the revocation.

12 (b) (Blank).

13 (c) For the purpose of securing and preparing evidence, and

14 for the purchase of controlled substances, professional

15 services, and equipment necessary for enforcement activities,

16 recoupment of investigative costs, and other activities

17 directed at suppressing the misuse and abuse of controlled

18 substances, including those activities set forth in Sections

19 504 and 508 of the Illinois Controlled Substances Act, the

20 Director and agents appointed and authorized by the Director

21 may expend sums from the Professional Regulation Evidence Fund

22 that the Director deems necessary from the amounts appropriated

23 for that purpose. Those sums may be advanced to the agent when

24 the Director deems that procedure to be in the public interest.

25 Sums for the purchase of controlled substances, professional

26 services, and equipment necessary for enforcement activities

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1 and other activities as set forth in this Section shall be

2 advanced to the agent who is to make the purchase from the

3 Professional Regulation Evidence Fund on vouchers signed by the

4 Director. The Director and those agents are authorized to

5 maintain one or more commercial checking accounts with any

6 State banking corporation or corporations organized under or

7 subject to the Illinois Banking Act for the deposit and

8 withdrawal of moneys to be used for the purposes set forth in

9 this Section; provided, that no check may be written nor any

10 withdrawal made from any such account except upon the written

11 signatures of 2 persons designated by the Director to write

12 those checks and make those withdrawals. Vouchers for those

13 expenditures must be signed by the Director. All such

14 expenditures shall be audited by the Director, and the audit

15 shall be submitted to the Department of Central Management

16 Services for approval.

17 (d) Whenever the Department is authorized or required by

18 law to consider some aspect of criminal history record

19 information for the purpose of carrying out its statutory

20 powers and responsibilities, then, upon request and payment of

21 fees in conformance with the requirements of Section 2605-400

22 of the Department of State Police Law (20 ILCS 2605/2605-400),

23 the Department of State Police is authorized to furnish,

24 pursuant to positive identification, the information contained

25 in State files that is necessary to fulfill the request.

26 (e) The provisions of this Section do not apply to private

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1 business and vocational schools as defined by Section 15 of the

2 Private Business and Vocational Schools Act of 2012.

3 (f) (Blank).

4 (g) Notwithstanding anything that may appear in any

5 individual licensing statute or administrative rule, the

6 Department shall deny any license application or renewal

7 authorized under any licensing Act administered by the

8 Department to any person who has failed to file a return, or to

9 pay the tax, penalty, or interest shown in a filed return, or

10 to pay any final assessment of tax, penalty, or interest, as

11 required by any tax Act administered by the Illinois Department

12 of Revenue, until such time as the requirement of any such tax

13 Act are satisfied; however, the Department may issue a license

14 or renewal if the person has established a satisfactory

15 repayment record as determined by the Illinois Department of

16 Revenue. For the purpose of this Section, "satisfactory

17 repayment record" shall be defined by rule.

18 In addition, a complaint filed with the Department by the

19 Illinois Department of Revenue that includes a certification,

20 signed by its Director or designee, attesting to the amount of

21 the unpaid tax liability or the years for which a return was

22 not filed, or both, is prima facie evidence of the licensee's

23 failure to comply with the tax laws administered by the

24 Illinois Department of Revenue. Upon receipt of that

25 certification, the Department shall, without a hearing,

26 immediately suspend all licenses held by the licensee.

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1 Enforcement of the Department's order shall be stayed for 60

2 days. The Department shall provide notice of the suspension to

3 the licensee by mailing a copy of the Department's order to the

4 licensee's address of record or emailing a copy of the order to

5 the licensee's email address of record. The notice shall advise

6 the licensee that the suspension shall be effective 60 days

7 after the issuance of the Department's order unless the

8 Department receives, from the licensee, a request for a hearing

9 before the Department to dispute the matters contained in the

10 order.

11 Any suspension imposed under this subsection (g) shall be

12 terminated by the Department upon notification from the

13 Illinois Department of Revenue that the licensee is in

14 compliance with all tax laws administered by the Illinois

15 Department of Revenue.

16 The Department may promulgate rules for the administration

17 of this subsection (g).

18 (h) The Department may grant the title "Retired", to be

19 used immediately adjacent to the title of a profession

20 regulated by the Department, to eligible retirees. For

21 individuals licensed under the Medical Practice Act of 1987,

22 the title "Retired" may be used in the profile required by the

23 Patients' Right to Know Act. The use of the title "Retired"

24 shall not constitute representation of current licensure,

25 registration, or certification. Any person without an active

26 license, registration, or certificate in a profession that

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1 requires licensure, registration, or certification shall not

2 be permitted to practice that profession.

3 (i) Within 180 days after December 23, 2009 (the effective

4 date of Public Act 96-852), the Department shall promulgate

5 rules which permit a person with a criminal record, who seeks a

6 license or certificate in an occupation for which a criminal

7 record is not expressly a per se bar, to apply to the

8 Department for a non-binding, advisory opinion to be provided

9 by the Board or body with the authority to issue the license or

10 certificate as to whether his or her criminal record would bar

11 the individual from the licensure or certification sought,

12 should the individual meet all other licensure requirements

13 including, but not limited to, the successful completion of the

14 relevant examinations.

15 (Source: P.A. 99-85, eff. 1-1-16; 99-227, eff. 8-3-15; 99-330,

16 eff. 8-10-15; 99-642, eff. 7-28-16; 99-933, eff. 1-27-17;

17 100-262, eff. 8-22-17; revised 10-4-17.)

18 (20 ILCS 2105/2105-207)

19 Sec. 2105-207. Records of Department actions.

20 (a) Any licensee subject to a licensing Act administered by

21 the Division of Professional Regulation and who has been

22 subject to disciplinary action by the Department may file an

23 application with the Department on forms provided by the

24 Department, along with the required fee of $175, to have the

25 records classified as confidential, not for public release, and

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1 considered expunged for reporting purposes if:

2 (1) the application is submitted more than 3 years

3 after the disciplinary offense or offenses occurred or

4 after restoration of the license, whichever is later;

5 (2) the licensee has had no incidents of discipline

6 under the licensing Act since the disciplinary offense or

7 offenses identified in the application occurred;

8 (3) the Department has no pending investigations

9 against the licensee; and

10 (4) the licensee is not currently in a disciplinary

11 status.

12 (b) An application to make disciplinary records

13 confidential shall only be considered by the Department for an

14 offense or action relating to:

15 (1) failure to pay taxes ~~or student loans~~;

16 (2) continuing education;

17 (3) failure to renew a license on time;

18 (4) failure to obtain or renew a certificate of

19 registration or ancillary license;

20 (5) advertising;

21 (5.1) discipline based on criminal charges or

22 convictions:

23 (A) that did not arise from the licensed activity

24 and was unrelated to the licensed activity; or

25 (B) that were dismissed or for which records have

26 been sealed or expunged; ~~.~~

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1 (5.2) past probationary status of a license issued to

2 new applicants on the sole or partial basis of prior

3 convictions; or

4 (6) any grounds for discipline removed from the

5 licensing Act.

6 (c) An application shall be submitted to and considered by

7 the Director of the Division of Professional Regulation upon

8 submission of an application and the required non-refundable

9 fee. The Department may establish additional requirements by

10 rule. The Department is not required to report the removal of

11 any disciplinary record to any national database. Nothing in

12 this Section shall prohibit the Department from using a

13 previous discipline for any regulatory purpose or from

14 releasing records of a previous discipline upon request from

15 law enforcement, or other governmental body as permitted by

16 law. Classification of records as confidential shall result in

17 removal of records of discipline from records kept pursuant to

18 Sections 2105-200 and 2105-205 of this Act.

19 (d) Any applicant for licensure or a licensee whose

20 petition for review is granted by the Department pursuant to

21 subsection (a-1) of Section 2105-165 of this Law may file an

22 application with the Department on forms provided by the

23 Department to have records relating to his or her permanent

24 denial or permanent revocation classified as confidential and

25 not for public release and considered expunged for reporting

26 purposes in the same manner and under the same terms as is

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1 provided in this Section for the offenses listed in subsection

2 (b) of this Section, except that the requirements of a 7-year

3 waiting period and the $200 application fee do not apply.

4 (Source: P.A. 100-262, eff. 8-22-17; 100-286, eff. 1-1-18;

5 revised 10-4-17.)

6 (20 ILCS 3310/80 rep.)

7 Section 10. The Nuclear Safety Law of 2004 is amended by

8 repealing Section 80.

9 Section 15. The School Code is amended by changing Section

10 21B-75 as follows:

11 (105 ILCS 5/21B-75)

12 Sec. 21B-75. Suspension or revocation of license.

13 (a) As used in this Section, "teacher" means any school

14 district employee regularly required to be licensed, as

15 provided in this Article, in order to teach or supervise in the

16 public schools.

17 (b) The State Superintendent of Education has the exclusive

18 authority, in accordance with this Section and any rules

19 adopted by the State Board of Education, in consultation with

20 the State Educator Preparation and Licensure Board, to initiate

21 the suspension of up to 5 calendar years or revocation of any

22 license issued pursuant to this Article for abuse or neglect of

23 a child, immorality, a condition of health detrimental to the

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1 welfare of pupils, incompetency, unprofessional conduct (which

2 includes the failure to disclose on an employment application

3 any previous conviction for a sex offense, as defined in

4 Section 21B-80 of this Code, or any other offense committed in

5 any other state or against the laws of the United States that,

6 if committed in this State, would be punishable as a sex

7 offense, as defined in Section 21B-80 of this Code), the

8 neglect of any professional duty, willful failure to report an

9 instance of suspected child abuse or neglect as required by the

10 Abused and Neglected Child Reporting Act, ~~failure to establish~~

11 ~~satisfactory repayment on an educational loan guaranteed by the~~

12 ~~Illinois Student Assistance Commission,~~ or other just cause.

13 Unprofessional conduct shall include the refusal to attend or

14 participate in institutes, teachers' meetings, or professional

15 readings or to meet other reasonable requirements of the

16 regional superintendent of schools or State Superintendent of

17 Education. Unprofessional conduct also includes conduct that

18 violates the standards, ethics, or rules applicable to the

19 security, administration, monitoring, or scoring of or the

20 reporting of scores from any assessment test or examination

21 administered under Section 2-3.64a-5 of this Code or that is

22 known or intended to produce or report manipulated or

23 artificial, rather than actual, assessment or achievement

24 results or gains from the administration of those tests or

25 examinations. Unprofessional conduct shall also include

26 neglect or unnecessary delay in the making of statistical and

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1 other reports required by school officers. Incompetency shall

2 include, without limitation, 2 or more school terms of service

3 for which the license holder has received an unsatisfactory

4 rating on a performance evaluation conducted pursuant to

5 Article 24A of this Code within a period of 7 school terms of

6 service. In determining whether to initiate action against one

7 or more licenses based on incompetency and the recommended

8 sanction for such action, the State Superintendent shall

9 consider factors that include without limitation all of the

10 following:

11 (1) Whether the unsatisfactory evaluation ratings

12 occurred prior to June 13, 2011 (the effective date of

13 Public Act 97-8).

14 (2) Whether the unsatisfactory evaluation ratings

15 occurred prior to or after the implementation date, as

16 defined in Section 24A-2.5 of this Code, of an evaluation

17 system for teachers in a school district.

18 (3) Whether the evaluator or evaluators who performed

19 an unsatisfactory evaluation met the pre-licensure and

20 training requirements set forth in Section 24A-3 of this

21 Code.

22 (4) The time between the unsatisfactory evaluation

23 ratings.

24 (5) The quality of the remediation plans associated

25 with the unsatisfactory evaluation ratings and whether the

26 license holder successfully completed the remediation

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1 plans.

2 (6) Whether the unsatisfactory evaluation ratings were

3 related to the same or different assignments performed by

4 the license holder.

5 (7) Whether one or more of the unsatisfactory

6 evaluation ratings occurred in the first year of a teaching

7 or administrative assignment.

8 When initiating an action against one or more licenses, the

9 State Superintendent may seek required professional

10 development as a sanction in lieu of or in addition to

11 suspension or revocation. Any such required professional

12 development must be at the expense of the license holder, who

13 may use, if available and applicable to the requirements

14 established by administrative or court order, training,

15 coursework, or other professional development funds in

16 accordance with the terms of an applicable collective

17 bargaining agreement entered into after June 13, 2011 (the

18 effective date of Public Act 97-8), unless that agreement

19 specifically precludes use of funds for such purpose.

20 (c) The State Superintendent of Education shall, upon

21 receipt of evidence of abuse or neglect of a child, immorality,

22 a condition of health detrimental to the welfare of pupils,

23 incompetency (subject to subsection (b) of this Section),

24 unprofessional conduct, the neglect of any professional duty,

25 or other just cause, further investigate and, if and as

26 appropriate, serve written notice to the individual and afford

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1 the individual opportunity for a hearing prior to suspension,

2 revocation, or other sanction; provided that the State

3 Superintendent is under no obligation to initiate such an

4 investigation if the Department of Children and Family Services

5 is investigating the same or substantially similar allegations

6 and its child protective service unit has not made its

7 determination, as required under Section 7.12 of the Abused and

8 Neglected Child Reporting Act. If the State Superintendent of

9 Education does not receive from an individual a request for a

10 hearing within 10 days after the individual receives notice,

11 the suspension, revocation, or other sanction shall

12 immediately take effect in accordance with the notice. If a

13 hearing is requested within 10 days after notice of an

14 opportunity for hearing, it shall act as a stay of proceedings

15 until the State Educator Preparation and Licensure Board issues

16 a decision. Any hearing shall take place in the educational

17 service region where the educator is or was last employed and

18 in accordance with rules adopted by the State Board of

19 Education, in consultation with the State Educator Preparation

20 and Licensure Board, and such rules shall include without

21 limitation provisions for discovery and the sharing of

22 information between parties prior to the hearing. The standard

23 of proof for any administrative hearing held pursuant to this

24 Section shall be by the preponderance of the evidence. The

25 decision of the State Educator Preparation and Licensure Board

26 is a final administrative decision and is subject to judicial

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1 review by appeal of either party.

2 The State Board of Education may refuse to issue or may

3 suspend the license of any person who fails to file a return or

4 to pay the tax, penalty, or interest shown in a filed return or

5 to pay any final assessment of tax, penalty, or interest, as

6 required by any tax Act administered by the Department of

7 Revenue, until such time as the requirements of any such tax

8 Act are satisfied.

9 The exclusive authority of the State Superintendent of

10 Education to initiate suspension or revocation of a license

11 pursuant to this Section does not preclude a regional

12 superintendent of schools from cooperating with the State

13 Superintendent or a State's Attorney with respect to an

14 investigation of alleged misconduct.

15 (d) The State Superintendent of Education or his or her

16 designee may initiate and conduct such investigations as may be

17 reasonably necessary to establish the existence of any alleged

18 misconduct. At any stage of the investigation, the State

19 Superintendent may issue a subpoena requiring the attendance

20 and testimony of a witness, including the license holder, and

21 the production of any evidence, including files, records,

22 correspondence, or documents, relating to any matter in

23 question in the investigation. The subpoena shall require a

24 witness to appear at the State Board of Education at a

25 specified date and time and shall specify any evidence to be

26 produced. The license holder is not entitled to be present, but

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1 the State Superintendent shall provide the license holder with

2 a copy of any recorded testimony prior to a hearing under this

3 Section. Such recorded testimony must not be used as evidence

4 at a hearing, unless the license holder has adequate notice of

5 the testimony and the opportunity to cross-examine the witness.

6 Failure of a license holder to comply with a duly issued,

7 investigatory subpoena may be grounds for revocation,

8 suspension, or denial of a license.

9 (e) All correspondence, documentation, and other

10 information so received by the regional superintendent of

11 schools, the State Superintendent of Education, the State Board

12 of Education, or the State Educator Preparation and Licensure

13 Board under this Section is confidential and must not be

14 disclosed to third parties, except (i) as necessary for the

15 State Superintendent of Education or his or her designee to

16 investigate and prosecute pursuant to this Article, (ii)

17 pursuant to a court order, (iii) for disclosure to the license

18 holder or his or her representative, or (iv) as otherwise

19 required in this Article and provided that any such information

20 admitted into evidence in a hearing is exempt from this

21 confidentiality and non-disclosure requirement.

22 (f) The State Superintendent of Education or a person

23 designated by him or her shall have the power to administer

24 oaths to witnesses at any hearing conducted before the State

25 Educator Preparation and Licensure Board pursuant to this

26 Section. The State Superintendent of Education or a person

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1 designated by him or her is authorized to subpoena and bring

2 before the State Educator Preparation and Licensure Board any

3 person in this State and to take testimony either orally or by

4 deposition or by exhibit, with the same fees and mileage and in

5 the same manner as prescribed by law in judicial proceedings in

6 civil cases in circuit courts of this State.

7 (g) Any circuit court, upon the application of the State

8 Superintendent of Education or the license holder, may, by

9 order duly entered, require the attendance of witnesses and the

10 production of relevant books and papers as part of any

11 investigation or at any hearing the State Educator Preparation

12 and Licensure Board is authorized to conduct pursuant to this

13 Section, and the court may compel obedience to its orders by

14 proceedings for contempt.

15 (h) The State Board of Education shall receive an annual

16 line item appropriation to cover fees associated with the

17 investigation and prosecution of alleged educator misconduct

18 and hearings related thereto.

19 (Source: P.A. 97-607, eff. 8-26-11; incorporates 97-8, eff.

20 6-13-11; 97-813, eff. 7-13-12; 98-972, eff. 8-15-14.)

21 Section 20. The Illinois Insurance Code is amended by

22 changing Section 500-70 as follows:

23 (215 ILCS 5/500-70)

24 (Section scheduled to be repealed on January 1, 2027)

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1 Sec. 500-70. License denial, nonrenewal, or revocation.

2 (a) The Director may place on probation, suspend, revoke,

3 or refuse to issue or renew an insurance producer's license or

4 may levy a civil penalty in accordance with this Section or

5 take any combination of actions, for any one or more of the

6 following causes:

7 (1) providing incorrect, misleading, incomplete, or

8 materially untrue information in the license application;

9 (2) violating any insurance laws, or violating any

10 rule, subpoena, or order of the Director or of another

11 state's insurance commissioner;

12 (3) obtaining or attempting to obtain a license through

13 misrepresentation or fraud;

14 (4) improperly withholding, misappropriating or

15 converting any moneys or properties received in the course

16 of doing insurance business;

17 (5) intentionally misrepresenting the terms of an

18 actual or proposed insurance contract or application for

19 insurance;

20 (6) having been convicted of a felony, unless the

21 individual demonstrates to the Director sufficient

22 rehabilitation to warrant the public trust; consideration

23 of such conviction of an applicant shall be in accordance

24 with Section 500-76;

25 (7) having admitted or been found to have committed any

26 insurance unfair trade practice or fraud;

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1 (8) using fraudulent, coercive, or dishonest

2 practices, or demonstrating incompetence,

3 untrustworthiness or financial irresponsibility in the

4 conduct of business in this State or elsewhere;

5 (9) having an insurance producer license, or its

6 equivalent, denied, suspended, or revoked in any other

7 state, province, district or territory;

8 (10) forging a name to an application for insurance or

9 to a document related to an insurance transaction;

10 (11) improperly using notes or any other reference

11 material to complete an examination for an insurance

12 license;

13 (12) knowingly accepting insurance business from an

14 individual who is not licensed;

15 (13) failing to comply with an administrative or court

16 order imposing a child support obligation;

17 (14) failing to pay state income tax or penalty or

18 interest or comply with any administrative or court order

19 directing payment of state income tax or failed to file a

20 return or to pay any final assessment of any tax due to the

21 Department of Revenue;

22 (15) (blank); or ~~failing to make satisfactory~~

23 ~~repayment to the Illinois Student Assistance Commission~~

24 ~~for a delinquent or defaulted student loan; or~~

25 (16) failing to comply with any provision of the

26 Viatical Settlements Act of 2009.

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1 (b) If the action by the Director is to nonrenew, suspend,

2 or revoke a license or to deny an application for a license,

3 the Director shall notify the applicant or licensee and advise,

4 in writing, the applicant or licensee of the reason for the

5 suspension, revocation, denial or nonrenewal of the

6 applicant's or licensee's license. The applicant or licensee

7 may make written demand upon the Director within 30 days after

8 the date of mailing for a hearing before the Director to

9 determine the reasonableness of the Director's action. The

10 hearing must be held within not fewer than 20 days nor more

11 than 30 days after the mailing of the notice of hearing and

12 shall be held pursuant to 50 Ill. Adm. Code 2402.

13 (c) The license of a business entity may be suspended,

14 revoked, or refused if the Director finds, after hearing, that

15 an individual licensee's violation was known or should have

16 been known by one or more of the partners, officers, or

17 managers acting on behalf of the partnership, corporation,

18 limited liability company, or limited liability partnership

19 and the violation was neither reported to the Director nor

20 corrective action taken.

21 (d) In addition to or instead of any applicable denial,

22 suspension, or revocation of a license, a person may, after

23 hearing, be subject to a civil penalty of up to $10,000 for

24 each cause for denial, suspension, or revocation, however, the

25 civil penalty may total no more than $100,000.

26 (e) The Director has the authority to enforce the

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1 provisions of and impose any penalty or remedy authorized by

2 this Article against any person who is under investigation for

3 or charged with a violation of this Code or rules even if the

4 person's license or registration has been surrendered or has

5 lapsed by operation of law.

6 (f) Upon the suspension, denial, or revocation of a

7 license, the licensee or other person having possession or

8 custody of the license shall promptly deliver it to the

9 Director in person or by mail. The Director shall publish all

10 suspensions, denials, or revocations after the suspensions,

11 denials, or revocations become final in a manner designed to

12 notify interested insurance companies and other persons.

13 (g) A person whose license is revoked or whose application

14 is denied pursuant to this Section is ineligible to apply for

15 any license for 3 years after the revocation or denial. A

16 person whose license as an insurance producer has been revoked,

17 suspended, or denied may not be employed, contracted, or

18 engaged in any insurance related capacity during the time the

19 revocation, suspension, or denial is in effect.

20 (Source: P.A. 100-286, eff. 1-1-18.)

21 Section 25. The Dietitian Nutritionist Practice Act is

22 amended by changing Section 95 as follows:

23 (225 ILCS 30/95) (from Ch. 111, par. 8401-95)

24 (Section scheduled to be repealed on January 1, 2023)

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1 Sec. 95. Grounds for discipline.

2 (1) The Department may refuse to issue or renew, or may

3 revoke, suspend, place on probation, reprimand, or take other

4 disciplinary or non-disciplinary action as the Department may

5 deem appropriate, including imposing fines not to exceed

6 $10,000 for each violation, with regard to any license or

7 certificate for any one or combination of the following causes:

8 (a) Material misstatement in furnishing information to

9 the Department.

10 (b) Violations of this Act or of rules adopted under

11 this Act.

12 (c) Conviction by plea of guilty or nolo contendere,

13 finding of guilt, jury verdict, or entry of judgment or by

14 sentencing of any crime, including, but not limited to,

15 convictions, preceding sentences of supervision,

16 conditional discharge, or first offender probation, under

17 the laws of any jurisdiction of the United States (i) that

18 is a felony or (ii) that is a misdemeanor, an essential

19 element of which is dishonesty, or that is directly related

20 to the practice of the profession.

21 (d) Fraud or any misrepresentation in applying for or

22 procuring a license under this Act or in connection with

23 applying for renewal of a license under this Act.

24 (e) Professional incompetence or gross negligence.

25 (f) Malpractice.

26 (g) Aiding or assisting another person in violating any

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1 provision of this Act or its rules.

2 (h) Failing to provide information within 60 days in

3 response to a written request made by the Department.

4 (i) Engaging in dishonorable, unethical or

5 unprofessional conduct of a character likely to deceive,

6 defraud, or harm the public.

7 (j) Habitual or excessive use or abuse of drugs defined

8 in law as controlled substances, alcohol, or any other

9 substance that results in the inability to practice with

10 reasonable judgment, skill, or safety.

11 (k) Discipline by another state, the District of

12 Columbia, territory, country, or governmental agency if at

13 least one of the grounds for the discipline is the same or

14 substantially equivalent to those set forth in this Act.

15 (l) Charging for professional services not rendered,

16 including filing false statements for the collection of

17 fees for which services are not rendered. Nothing in this

18 paragraph (1) affects any bona fide independent contractor

19 or employment arrangements among health care

20 professionals, health facilities, health care providers,

21 or other entities, except as otherwise prohibited by law.

22 Any employment arrangements may include provisions for

23 compensation, health insurance, pension, or other

24 employment benefits for the provision of services within

25 the scope of the licensee's practice under this Act.

26 Nothing in this paragraph (1) shall be construed to require

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1 an employment arrangement to receive professional fees for

2 services rendered.

3 (m) A finding by the Department that the licensee,

4 after having his or her license placed on probationary

5 status, has violated the terms of probation.

6 (n) Willfully making or filing false records or reports

7 in his or her practice, including, but not limited to,

8 false records filed with State agencies or departments.

9 (o) Allowing one's license under this Act to be used by

10 an unlicensed person in violation of this Act.

11 (p) Practicing under a false or, except as provided by

12 law, an assumed name.

13 (q) Gross and willful overcharging for professional

14 services.

15 (r) (Blank).

16 (s) Willfully failing to report an instance of

17 suspected child abuse or neglect as required by the Abused

18 and Neglected Child Reporting Act.

19 (t) Cheating on or attempting to subvert a licensing

20 examination administered under this Act.

21 (u) Mental illness or disability that results in the

22 inability to practice under this Act with reasonable

23 judgment, skill, or safety.

24 (v) Physical illness, including, but not limited to,

25 deterioration through the aging process or loss of motor

26 skill that results in a licensee's inability to practice

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1 under this Act with reasonable judgment, skill, or safety.

2 (w) Advising an individual to discontinue, reduce,

3 increase, or otherwise alter the intake of a drug

4 prescribed by a physician licensed to practice medicine in

5 all its branches or by a prescriber as defined in Section

6 102 of the Illinois Controlled Substances Act.

7 (2) The Department may refuse to issue or may suspend

8 without hearing, as provided for in the Code of Civil

9 Procedure, the license of any person who fails to file a

10 return, or pay the tax, penalty, or interest shown in a filed

11 return, or pay any final assessment of the tax, penalty, or

12 interest as required by any tax Act administered by the

13 Illinois Department of Revenue, until such time as the

14 requirements of any such tax Act are satisfied in accordance

15 with subsection (g) of Section 2105-15 of the Civil

16 Administrative Code of Illinois.

17 (3) (Blank). ~~The Department shall deny a license or renewal~~

18 ~~authorized by this Act to a person who has defaulted on an~~

19 ~~educational loan or scholarship provided or guaranteed by the~~

20 ~~Illinois Student Assistance Commission or any governmental~~

21 ~~agency of this State in accordance with item (5) of subsection~~

22 ~~(a) of Section 2105-15 of the Civil Administrative Code of~~

23 ~~Illinois.~~

24 (4) In cases where the Department of Healthcare and Family

25 Services has previously determined a licensee or a potential

26 licensee is more than 30 days delinquent in the payment of

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1 child support and has subsequently certified the delinquency to

2 the Department, the Department may refuse to issue or renew or

3 may revoke or suspend that person's license or may take other

4 disciplinary action against that person based solely upon the

5 certification of delinquency made by the Department of

6 Healthcare and Family Services in accordance with item (5) of

7 subsection (a) of Section 2105-15 of the Civil Administrative

8 Code of Illinois.

9 (5) The determination by a circuit court that a licensee is

10 subject to involuntary admission or judicial admission, as

11 provided in the Mental Health and Developmental Disabilities

12 Code, operates as an automatic suspension. The suspension shall

13 end only upon a finding by a court that the patient is no

14 longer subject to involuntary admission or judicial admission

15 and the issuance of an order so finding and discharging the

16 patient.

17 (6) In enforcing this Act, the Department, upon a showing

18 of a possible violation, may compel an individual licensed to

19 practice under this Act, or who has applied for licensure under

20 this Act, to submit to a mental or physical examination, or

21 both, as required by and at the expense of the Department. The

22 Department may order the examining physician to present

23 testimony concerning the mental or physical examination of the

24 licensee or applicant. No information shall be excluded by

25 reason of any common law or statutory privilege relating to

26 communications between the licensee or applicant and the

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1 examining physician. The examining physicians shall be

2 specifically designated by the Department. The individual to be

3 examined may have, at his or her own expense, another physician

4 of his or her choice present during all aspects of this

5 examination. The examination shall be performed by a physician

6 licensed to practice medicine in all its branches. Failure of

7 an individual to submit to a mental or physical examination,

8 when directed, shall result in an automatic suspension without

9 hearing.

10 A person holding a license under this Act or who has

11 applied for a license under this Act who, because of a physical

12 or mental illness or disability, including, but not limited to,

13 deterioration through the aging process or loss of motor skill,

14 is unable to practice the profession with reasonable judgment,

15 skill, or safety, may be required by the Department to submit

16 to care, counseling, or treatment by physicians approved or

17 designated by the Department as a condition, term, or

18 restriction for continued, reinstated, or renewed licensure to

19 practice. Submission to care, counseling, or treatment as

20 required by the Department shall not be considered discipline

21 of a license. If the licensee refuses to enter into a care,

22 counseling, or treatment agreement or fails to abide by the

23 terms of the agreement, then the Department may file a

24 complaint to revoke, suspend, or otherwise discipline the

25 license of the individual. The Secretary may order the license

26 suspended immediately, pending a hearing by the Department.

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1 Fines shall not be assessed in disciplinary actions involving

2 physical or mental illness or impairment.

3 In instances in which the Secretary immediately suspends a

4 person's license under this Section, a hearing on that person's

5 license must be convened by the Department within 15 days after

6 the suspension and completed without appreciable delay. The

7 Department shall have the authority to review the subject

8 individual's record of treatment and counseling regarding the

9 impairment to the extent permitted by applicable federal

10 statutes and regulations safeguarding the confidentiality of

11 medical records.

12 An individual licensed under this Act and affected under

13 this Section shall be afforded an opportunity to demonstrate to

14 the Department that he or she can resume practice in compliance

15 with acceptable and prevailing standards under the provisions

16 of his or her license.

17 (Source: P.A. 97-1141, eff. 12-28-12; 98-148, eff. 8-2-13;

18 98-756, eff. 7-16-14.)

19 Section 30. The Environmental Health Practitioner

20 Licensing Act is amended by changing Section 35 as follows:

21 (225 ILCS 37/35)

22 (Section scheduled to be repealed on January 1, 2019)

23 Sec. 35. Grounds for discipline.

24 (a) The Department may refuse to issue or renew, or may

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1 revoke, suspend, place on probation, reprimand, or take other

2 disciplinary action with regard to any license issued under

3 this Act as the Department may consider proper, including the

4 imposition of fines not to exceed $5,000 for each violation,

5 for any one or combination of the following causes:

6 (1) Material misstatement in furnishing information to

7 the Department.

8 (2) Violations of this Act or its rules.

9 (3) Conviction of any felony under the laws of any U.S.

10 jurisdiction, any misdemeanor an essential element of

11 which is dishonesty, or any crime that is directly related

12 to the practice of the profession.

13 (4) Making any misrepresentation for the purpose of

14 obtaining a certificate of registration.

15 (5) Professional incompetence.

16 (6) Aiding or assisting another person in violating any

17 provision of this Act or its rules.

18 (7) Failing to provide information within 60 days in

19 response to a written request made by the Department.

20 (8) Engaging in dishonorable, unethical, or

21 unprofessional conduct of a character likely to deceive,

22 defraud, or harm the public as defined by rules of the

23 Department.

24 (9) Habitual or excessive use or addiction to alcohol,

25 narcotics, stimulants, or any other chemical agent or drug

26 that results in an environmental health practitioner's

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1 inability to practice with reasonable judgment, skill, or

2 safety.

3 (10) Discipline by another U.S. jurisdiction or

4 foreign nation, if at least one of the grounds for a

5 discipline is the same or substantially equivalent to those

6 set forth in this Act.

7 (11) A finding by the Department that the registrant,

8 after having his or her license placed on probationary

9 status, has violated the terms of probation.

10 (12) Willfully making or filing false records or

11 reports in his or her practice, including, but not limited

12 to, false records filed with State agencies or departments.

13 (13) Physical illness, including, but not limited to,

14 deterioration through the aging process or loss of motor

15 skills that result in the inability to practice the

16 profession with reasonable judgment, skill, or safety.

17 (14) Failure to comply with rules promulgated by the

18 Illinois Department of Public Health or other State

19 agencies related to the practice of environmental health.

20 (15) (Blank). ~~The Department shall deny any~~

21 ~~application for a license or renewal of a license under~~

22 ~~this Act, without hearing, to a person who has defaulted on~~

23 ~~an educational loan guaranteed by the Illinois Student~~

24 ~~Assistance Commission; however, the Department may issue a~~

25 ~~license or renewal of a license if the person in default~~

26 ~~has established a satisfactory repayment record as~~

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1 ~~determined by the Illinois Student Assistance Commission.~~

2 (16) Solicitation of professional services by using

3 false or misleading advertising.

4 (17) A finding that the license has been applied for or

5 obtained by fraudulent means.

6 (18) Practicing or attempting to practice under a name

7 other than the full name as shown on the license or any

8 other legally authorized name.

9 (19) Gross overcharging for professional services

10 including filing statements for collection of fees or

11 moneys for which services are not rendered.

12 (b) The Department may refuse to issue or may suspend the

13 license of any person who fails to (i) file a return, (ii) pay

14 the tax, penalty, or interest shown in a filed return; or (iii)

15 pay any final assessment of the tax, penalty, or interest as

16 required by any tax Act administered by the Illinois Department

17 of Revenue until the requirements of the tax Act are satisfied.

18 (c) The determination by a circuit court that a licensee is

19 subject to involuntary admission or judicial admission to a

20 mental health facility as provided in the Mental Health and

21 Developmental Disabilities Code operates as an automatic

22 suspension. The suspension may end only upon a finding by a

23 court that the licensee is no longer subject to involuntary

24 admission or judicial admission, the issuance of an order so

25 finding and discharging the patient, and the recommendation of

26 the Board to the Director that the licensee be allowed to

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1 resume practice.

2 (d) In enforcing this Section, the Department, upon a

3 showing of a possible violation, may compel any person licensed

4 to practice under this Act or who has applied for licensure or

5 certification pursuant to this Act to submit to a mental or

6 physical examination, or both, as required by and at the

7 expense of the Department. The examining physicians shall be

8 those specifically designated by the Department. The

9 Department may order the examining physician to present

10 testimony concerning this mental or physical examination of the

11 licensee or applicant. No information shall be excluded by

12 reason of any common law or statutory privilege relating to

13 communications between the licensee or applicant and the

14 examining physician. The person to be examined may have, at his

15 or her own expense, another physician of his or her choice

16 present during all aspects of the examination. Failure of any

17 person to submit to a mental or physical examination, when

18 directed, shall be grounds for suspension of a license until

19 the person submits to the examination if the Department finds,

20 after notice and hearing, that the refusal to submit to the

21 examination was without reasonable cause.

22 If the Department finds an individual unable to practice

23 because of the reasons set forth in this Section, the

24 Department may require that individual to submit to care,

25 counseling, or treatment by physicians approved or designated

26 by the Department, as a condition, term, or restriction for

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1 continued, reinstated, or renewed licensure to practice or, in

2 lieu of care, counseling, or treatment, the Department may file

3 a complaint to immediately suspend, revoke, or otherwise

4 discipline the license of the individual.

5 Any person whose license was granted, continued,

6 reinstated, renewed, disciplined, or supervised subject to

7 such terms, conditions, or restrictions and who fails to comply

8 with such terms, conditions, or restrictions shall be referred

9 to the Director for a determination as to whether the person

10 shall have his or her license suspended immediately, pending a

11 hearing by the Department.

12 In instances in which the Director immediately suspends a

13 person's license under this Section, a hearing on that person's

14 license must be convened by the Department within 15 days after

15 the suspension and completed without appreciable delay. The

16 Department shall have the authority to review the subject

17 person's record of treatment and counseling regarding the

18 impairment, to the extent permitted by applicable federal

19 statutes and regulations safeguarding the confidentiality of

20 medical records.

21 A person licensed under this Act and affected under this

22 Section shall be afforded an opportunity to demonstrate to the

23 Department that he or she can resume practice in compliance

24 with acceptable and prevailing standards under the provisions

25 of his or her license.

26 (Source: P.A. 92-837, eff. 8-22-02.)

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1 Section 35. The Funeral Directors and Embalmers Licensing

2 Code is amended by changing Section 15-75 as follows:

3 (225 ILCS 41/15-75)

4 (Section scheduled to be repealed on January 1, 2023)

5 Sec. 15-75. Violations; grounds for discipline; penalties.

6 (a) Each of the following acts is a Class A misdemeanor for

7 the first offense, and a Class 4 felony for each subsequent

8 offense. These penalties shall also apply to unlicensed owners

9 of funeral homes.

10 (1) Practicing the profession of funeral directing and

11 embalming or funeral directing, or attempting to practice

12 the profession of funeral directing and embalming or

13 funeral directing without a license as a funeral director

14 and embalmer or funeral director.

15 (2) Serving or attempting to serve as an intern under a

16 licensed funeral director and embalmer without a license as

17 a licensed funeral director and embalmer intern.

18 (3) Obtaining or attempting to obtain a license,

19 practice or business, or any other thing of value, by fraud

20 or misrepresentation.

21 (4) Permitting any person in one's employ, under one's

22 control or in or under one's service to serve as a funeral

23 director and embalmer, funeral director, or funeral

24 director and embalmer intern when the person does not have

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1 the appropriate license.

2 (5) Failing to display a license as required by this

3 Code.

4 (6) Giving false information or making a false oath or

5 affidavit required by this Code.

6 (b) The Department may refuse to issue or renew, revoke,

7 suspend, place on probation or administrative supervision,

8 reprimand, or take other disciplinary or non-disciplinary

9 action as the Department may deem appropriate, including

10 imposing fines not to exceed $10,000 for each violation, with

11 regard to any license under the Code for any one or combination

12 of the following:

13 (1) Fraud or any misrepresentation in applying for or

14 procuring a license under this Code or in connection with

15 applying for renewal of a license under this Code.

16 (2) For licenses, conviction by plea of guilty or nolo

17 contendere, finding of guilt, jury verdict, or entry of

18 judgment or by sentencing of any crime, including, but not

19 limited to, convictions, preceding sentences of

20 supervision, conditional discharge, or first offender

21 probation, under the laws of any jurisdiction of the United

22 States: (i) that is a felony or (ii) that is a misdemeanor,

23 an essential element of which is dishonesty, or that is

24 directly related to the practice of the profession and, for

25 initial applicants, convictions set forth in Section 15-72

26 of this Act.

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1 (3) Violation of the laws of this State relating to the

2 funeral, burial or disposition of deceased human bodies or

3 of the rules and regulations of the Department, or the

4 Department of Public Health.

5 (4) Directly or indirectly paying or causing to be paid

6 any sum of money or other valuable consideration for the

7 securing of business or for obtaining authority to dispose

8 of any deceased human body.

9 (5) Professional incompetence, gross negligence,

10 malpractice, or untrustworthiness in the practice of

11 funeral directing and embalming or funeral directing.

12 (6) (Blank).

13 (7) Engaging in, promoting, selling, or issuing burial

14 contracts, burial certificates, or burial insurance

15 policies in connection with the profession as a funeral

16 director and embalmer, funeral director, or funeral

17 director and embalmer intern in violation of any laws of

18 the State of Illinois.

19 (8) Refusing, without cause, to surrender the custody

20 of a deceased human body upon the proper request of the

21 person or persons lawfully entitled to the custody of the

22 body.

23 (9) Taking undue advantage of a client or clients as to

24 amount to the perpetration of fraud.

25 (10) Engaging in funeral directing and embalming or

26 funeral directing without a license.

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1 (11) Encouraging, requesting, or suggesting by a

2 licensee or some person working on his behalf and with his

3 consent for compensation that a person utilize the services

4 of a certain funeral director and embalmer, funeral

5 director, or funeral establishment unless that information

6 has been expressly requested by the person. This does not

7 prohibit general advertising or pre-need solicitation.

8 (12) Making or causing to be made any false or

9 misleading statements about the laws concerning the

10 disposition of human remains, including, but not limited

11 to, the need to embalm, the need for a casket for cremation

12 or the need for an outer burial container.

13 (13) (Blank).

14 (14) Embalming or attempting to embalm a deceased human

15 body without express prior authorization of the person

16 responsible for making the funeral arrangements for the

17 body. This does not apply to cases where embalming is

18 directed by local authorities who have jurisdiction or when

19 embalming is required by State or local law. A licensee may

20 embalm without express prior authorization if a good faith

21 effort has been made to contact family members and has been

22 unsuccessful and the licensee has no reason to believe the

23 family opposes embalming.

24 (15) Making a false statement on a Certificate of Death

25 where the person making the statement knew or should have

26 known that the statement was false.

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1 (16) Soliciting human bodies after death or while death

2 is imminent.

3 (17) Performing any act or practice that is a violation

4 of this Code, the rules for the administration of this

5 Code, or any federal, State or local laws, rules, or

6 regulations governing the practice of funeral directing or

7 embalming.

8 (18) Performing any act or practice that is a violation

9 of Section 2 of the Consumer Fraud and Deceptive Business

10 Practices Act.

11 (19) Engaging in dishonorable, unethical, or

12 unprofessional conduct of a character likely to deceive,

13 defraud or harm the public.

14 (20) Taking possession of a dead human body without

15 having first obtained express permission from the person

16 holding the right to control the disposition in accordance

17 with Section 5 of the Disposition of Remains Act or a

18 public agency legally authorized to direct, control or

19 permit the removal of deceased human bodies.

20 (21) Advertising in a false or misleading manner or

21 advertising using the name of an unlicensed person in

22 connection with any service being rendered in the practice

23 of funeral directing or funeral directing and embalming.

24 The use of any name of an unlicensed or unregistered person

25 in an advertisement so as to imply that the person will

26 perform services is considered misleading advertising.

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1 Nothing in this paragraph shall prevent including the name

2 of any owner, officer or corporate director of a funeral

3 home, who is not a licensee, in any advertisement used by a

4 funeral home with which the individual is affiliated, if

5 the advertisement specifies the individual's affiliation

6 with the funeral home.

7 (22) Charging for professional services not rendered,

8 including filing false statements for the collection of

9 fees for which services are not rendered.

10 (23) Failing to account for or remit any monies,

11 documents, or personal property that belongs to others that

12 comes into a licensee's possession.

13 (24) Treating any person differently to his detriment

14 because of race, color, creed, gender, religion, or

15 national origin.

16 (25) Knowingly making any false statements, oral or

17 otherwise, of a character likely to influence, persuade or

18 induce others in the course of performing professional

19 services or activities.

20 (26) Willfully making or filing false records or

21 reports in the practice of funeral directing and embalming,

22 including, but not limited to, false records filed with

23 State agencies or departments.

24 (27) Failing to acquire continuing education required

25 under this Code.

26 (28) (Blank).

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1 (29) Aiding or assisting another person in violating

2 any provision of this Code or rules adopted pursuant to

3 this Code.

4 (30) Failing within 10 days, to provide information in

5 response to a written request made by the Department.

6 (31) Discipline by another state, District of

7 Columbia, territory, foreign nation, or governmental

8 agency, if at least one of the grounds for the discipline

9 is the same or substantially equivalent to those set forth

10 in this Section.

11 (32) (Blank).

12 (33) Mental illness or disability which results in the

13 inability to practice the profession with reasonable

14 judgment, skill, or safety.

15 (34) Gross, willful, or continued overcharging for

16 professional services, including filing false statements

17 for collection of fees for which services are not rendered.

18 (35) Physical illness, including, but not limited to,

19 deterioration through the aging process or loss of motor

20 skill which results in a licensee's inability to practice

21 under this Code with reasonable judgment, skill, or safety.

22 (36) Failing to comply with any of the following

23 required activities:

24 (A) When reasonably possible, a funeral director

25 licensee or funeral director and embalmer licensee or

26 anyone acting on his or her behalf shall obtain the

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1 express authorization of the person or persons

2 responsible for making the funeral arrangements for a

3 deceased human body prior to removing a body from the

4 place of death or any place it may be or embalming or

5 attempting to embalm a deceased human body, unless

6 required by State or local law. This requirement is

7 waived whenever removal or embalming is directed by

8 local authorities who have jurisdiction. If the

9 responsibility for the handling of the remains

10 lawfully falls under the jurisdiction of a public

11 agency, then the regulations of the public agency shall

12 prevail.

13 (B) A licensee shall clearly mark the price of any

14 casket offered for sale or the price of any service

15 using the casket on or in the casket if the casket is

16 displayed at the funeral establishment. If the casket

17 is displayed at any other location, regardless of

18 whether the licensee is in control of that location,

19 the casket shall be clearly marked and the registrant

20 shall use books, catalogues, brochures, or other

21 printed display aids to show the price of each casket

22 or service.

23 (C) At the time funeral arrangements are made and

24 prior to rendering the funeral services, a licensee

25 shall furnish a written statement of services to be

26 retained by the person or persons making the funeral

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1 arrangements, signed by both parties, that shall

2 contain: (i) the name, address and telephone number of

3 the funeral establishment and the date on which the

4 arrangements were made; (ii) the price of the service

5 selected and the services and merchandise included for

6 that price; (iii) a clear disclosure that the person or

7 persons making the arrangement may decline and receive

8 credit for any service or merchandise not desired and

9 not required by law or the funeral director or the

10 funeral director and embalmer; (iv) the supplemental

11 items of service and merchandise requested and the

12 price of each item; (v) the terms or method of payment

13 agreed upon; and (vi) a statement as to any monetary

14 advances made by the registrant on behalf of the

15 family. The licensee shall maintain a copy of the

16 written statement of services in its permanent

17 records. All written statements of services are

18 subject to inspection by the Department.

19 (D) In all instances where the place of final

20 disposition of a deceased human body or the cremated

21 remains of a deceased human body is a cemetery, the

22 licensed funeral director and embalmer, or licensed

23 funeral director, who has been engaged to provide

24 funeral or embalming services shall remain at the

25 cemetery and personally witness the placement of the

26 human remains in their designated grave or the sealing

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1 of the above ground depository, crypt, or urn. The

2 licensed funeral director or licensed funeral director

3 and embalmer may designate a licensed funeral director

4 and embalmer intern or representative of the funeral

5 home to be his or her witness to the placement of the

6 remains. If the cemetery authority, cemetery manager,

7 or any other agent of the cemetery takes any action

8 that prevents compliance with this paragraph (D), then

9 the funeral director and embalmer or funeral director

10 shall provide written notice to the Department within 5

11 business days after failing to comply. If the

12 Department receives this notice, then the Department

13 shall not take any disciplinary action against the

14 funeral director and embalmer or funeral director for a

15 violation of this paragraph (D) unless the Department

16 finds that the cemetery authority, manager, or any

17 other agent of the cemetery did not prevent the funeral

18 director and embalmer or funeral director from

19 complying with this paragraph (D) as claimed in the

20 written notice.

21 (E) A funeral director or funeral director and

22 embalmer shall fully complete the portion of the

23 Certificate of Death under the responsibility of the

24 funeral director or funeral director and embalmer and

25 provide all required information. In the event that any

26 reported information subsequently changes or proves

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1 incorrect, a funeral director or funeral director and

2 embalmer shall immediately upon learning the correct

3 information correct the Certificate of Death.

4 (37) A finding by the Department that the licensee,

5 after having his or her license placed on probationary

6 status or subjected to conditions or restrictions,

7 violated the terms of the probation or failed to comply

8 with such terms or conditions.

9 (38) (Blank).

10 (39) Being named as a perpetrator in an indicated

11 report by the Department of Children and Family Services

12 pursuant to the Abused and Neglected Child Reporting Act

13 and, upon proof by clear and convincing evidence, being

14 found to have caused a child to be an abused child or

15 neglected child as defined in the Abused and Neglected

16 Child Reporting Act.

17 (40) Habitual or excessive use or abuse of drugs

18 defined in law as controlled substances, alcohol, or any

19 other substance which results in the inability to practice

20 with reasonable judgment, skill, or safety.

21 (41) Practicing under a false or, except as provided by

22 law, an assumed name.

23 (42) Cheating on or attempting to subvert the licensing

24 examination administered under this Code.

25 (c) The Department may refuse to issue or renew or may

26 suspend without a hearing, as provided for in the Department of

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1 Professional Regulation Law of the Civil Administrative Code of

2 Illinois, the license of any person who fails to file a return,

3 to pay the tax, penalty or interest shown in a filed return, or

4 to pay any final assessment of tax, penalty or interest as

5 required by any tax Act administered by the Illinois Department

6 of Revenue, until the time as the requirements of the tax Act

7 are satisfied in accordance with subsection (g) of Section

8 2105-15 of the Department of Professional Regulation Law of the

9 Civil Administrative Code of Illinois.

10 (d) No action may be taken under this Code against a person

11 licensed under this Code unless the action is commenced within

12 5 years after the occurrence of the alleged violations. A

13 continuing violation shall be deemed to have occurred on the

14 date when the circumstances last existed that give rise to the

15 alleged violation.

16 (e) Nothing in this Section shall be construed or enforced

17 to give a funeral director and embalmer, or his or her

18 designees, authority over the operation of a cemetery or over

19 cemetery employees. Nothing in this Section shall be construed

20 or enforced to impose duties or penalties on cemeteries with

21 respect to the timing of the placement of human remains in

22 their designated grave or the sealing of the above ground

23 depository, crypt, or urn due to patron safety, the allocation

24 of cemetery staffing, liability insurance, a collective

25 bargaining agreement, or other such reasons.

26 (f) All fines imposed under this Section shall be paid 60

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1 days after the effective date of the order imposing the fine.

2 (g) (Blank). ~~The Department shall deny a license or renewal~~

3 ~~authorized by this Code to a person who has defaulted on an~~

4 ~~educational loan or scholarship provided or guaranteed by the~~

5 ~~Illinois Student Assistance Commission or any governmental~~

6 ~~agency of this State in accordance with item (5) of subsection~~

7 ~~(a) of Section 2105-15 of the Department of Professional~~

8 ~~Regulation Law of the Civil Administrative Code of Illinois.~~

9 (h) In cases where the Department of Healthcare and Family

10 Services has previously determined a licensee or a potential

11 licensee is more than 30 days delinquent in the payment of

12 child support and has subsequently certified the delinquency to

13 the Department, the Department may refuse to issue or renew or

14 may revoke or suspend that person's license or may take other

15 disciplinary action against that person based solely upon the

16 certification of delinquency made by the Department of

17 Healthcare and Family Services in accordance with item (5) of

18 subsection (a) of Section 2105-15 of the Department of

19 Professional Regulation Law of the Civil Administrative Code of

20 Illinois.

21 (i) A person not licensed under this Code who is an owner

22 of a funeral establishment or funeral business shall not aid,

23 abet, assist, procure, advise, employ, or contract with any

24 unlicensed person to offer funeral services or aid, abet,

25 assist, or direct any licensed person contrary to or in

26 violation of any rules or provisions of this Code. A person

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1 violating this subsection shall be treated as a licensee for

2 the purposes of disciplinary action under this Section and

3 shall be subject to cease and desist orders as provided in this

4 Code, the imposition of a fine up to $10,000 for each violation

5 and any other penalty provided by law.

6 (j) The determination by a circuit court that a licensee is

7 subject to involuntary admission or judicial admission as

8 provided in the Mental Health and Developmental Disabilities

9 Code, as amended, operates as an automatic suspension. The

10 suspension may end only upon a finding by a court that the

11 licensee is no longer subject to the involuntary admission or

12 judicial admission and issues an order so finding and

13 discharging the licensee, and upon the recommendation of the

14 Board to the Secretary that the licensee be allowed to resume

15 his or her practice.

16 (k) In enforcing this Code, the Department, upon a showing

17 of a possible violation, may compel an individual licensed to

18 practice under this Code, or who has applied for licensure

19 under this Code, to submit to a mental or physical examination,

20 or both, as required by and at the expense of the Department.

21 The Department may order the examining physician to present

22 testimony concerning the mental or physical examination of the

23 licensee or applicant. No information shall be excluded by

24 reason of any common law or statutory privilege relating to

25 communications between the licensee or applicant and the

26 examining physician. The examining physician shall be

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1 specifically designated by the Department. The individual to be

2 examined may have, at his or her own expense, another physician

3 of his or her choice present during all aspects of this

4 examination. The examination shall be performed by a physician

5 licensed to practice medicine in all its branches. Failure of

6 an individual to submit to a mental or physical examination,

7 when directed, shall result in an automatic suspension without

8 hearing.

9 A person holding a license under this Code or who has

10 applied for a license under this Code who, because of a

11 physical or mental illness or disability, including, but not

12 limited to, deterioration through the aging process or loss of

13 motor skill, is unable to practice the profession with

14 reasonable judgment, skill, or safety, may be required by the

15 Department to submit to care, counseling, or treatment by

16 physicians approved or designated by the Department as a

17 condition, term, or restriction for continued, reinstated, or

18 renewed licensure to practice. Submission to care, counseling,

19 or treatment as required by the Department shall not be

20 considered discipline of a license. If the licensee refuses to

21 enter into a care, counseling, or treatment agreement or fails

22 to abide by the terms of the agreement, the Department may file

23 a complaint to revoke, suspend, or otherwise discipline the

24 license of the individual. The Secretary may order the license

25 suspended immediately, pending a hearing by the Department.

26 Fines shall not be assessed in disciplinary actions involving

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1 physical or mental illness or impairment.

2 In instances in which the Secretary immediately suspends a

3 person's license under this Section, a hearing on that person's

4 license must be convened by the Department within 15 days after

5 the suspension and completed without appreciable delay. The

6 Department shall have the authority to review the subject

7 individual's record of treatment and counseling regarding the

8 impairment to the extent permitted by applicable federal

9 statutes and regulations safeguarding the confidentiality of

10 medical records.

11 An individual licensed under this Code and affected under

12 this Section shall be afforded an opportunity to demonstrate to

13 the Department that he or she can resume practice in compliance

14 with acceptable and prevailing standards under the provisions

15 of his or her license.

16 (Source: P.A. 99-876, eff. 1-1-17; 100-201, eff. 8-18-17.)

17 Section 40. The Marriage and Family Therapy Licensing Act

18 is amended by changing Section 85 as follows:

19 (225 ILCS 55/85) (from Ch. 111, par. 8351-85)

20 (Section scheduled to be repealed on January 1, 2027)

21 Sec. 85. Refusal, revocation, or suspension.

22 (a) The Department may refuse to issue or renew a license,

23 or may revoke, suspend, reprimand, place on probation, or take

24 any other disciplinary or non-disciplinary action as the

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1 Department may deem proper, including the imposition of fines

2 not to exceed $10,000 for each violation, with regard to any

3 license issued under the provisions of this Act for any one or

4 combination of the following grounds:

5 (1) Material misstatement in furnishing information to

6 the Department.

7 (2) Violation of any provision of this Act or its

8 rules.

9 (3) Conviction of or entry of a plea of guilty or nolo

10 contendere, finding of guilt, jury verdict, or entry of

11 judgment or sentencing, including, but not limited to,

12 convictions, preceding sentences of supervision,

13 conditional discharge, or first offender probation, under

14 the laws of any jurisdiction of the United States that is

15 (i) a felony or (ii) a misdemeanor, an essential element of

16 which is dishonesty or that is directly related to the

17 practice of the profession.

18 (4) Fraud or misrepresentation in applying for or

19 procuring a license under this Act or in connection with

20 applying for renewal or restoration of a license under this

21 Act or its rules.

22 (5) Professional incompetence.

23 (6) Gross negligence in practice under this Act.

24 (7) Aiding or assisting another person in violating any

25 provision of this Act or its rules.

26 (8) Failing, within 60 days, to provide information in

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1 response to a written request made by the Department.

2 (9) Engaging in dishonorable, unethical, or

3 unprofessional conduct of a character likely to deceive,

4 defraud or harm the public as defined by the rules of the

5 Department, or violating the rules of professional conduct

6 adopted by the Department.

7 (10) Habitual or excessive use or abuse of drugs

8 defined in law as controlled substances, of alcohol, or any

9 other substance that results in the inability to practice

10 with reasonable judgment, skill, or safety.

11 (11) Discipline by another jurisdiction if at least one

12 of the grounds for the discipline is the same or

13 substantially equivalent to those set forth in this Act.

14 (12) Directly or indirectly giving to or receiving from

15 any person, firm, corporation, partnership, or association

16 any fee, commission, rebate, or other form of compensation

17 for any professional services not actually or personally

18 rendered. Nothing in this paragraph (12) affects any bona

19 fide independent contractor or employment arrangements

20 among health care professionals, health facilities, health

21 care providers, or other entities, except as otherwise

22 prohibited by law. Any employment arrangements may include

23 provisions for compensation, health insurance, pension, or

24 other employment benefits for the provision of services

25 within the scope of the licensee's practice under this Act.

26 Nothing in this paragraph (12) shall be construed to

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1 require an employment arrangement to receive professional

2 fees for services rendered.

3 (13) A finding by the Department that the licensee,

4 after having his or her license placed on probationary

5 status, has violated the terms of probation or failed to

6 comply with the terms.

7 (14) Abandonment of a patient without cause.

8 (15) Willfully making or filing false records or

9 reports relating to a licensee's practice, including but

10 not limited to false records filed with State agencies or

11 departments.

12 (16) Willfully failing to report an instance of

13 suspected child abuse or neglect as required by the Abused

14 and Neglected Child Reporting Act.

15 (17) Being named as a perpetrator in an indicated

16 report by the Department of Children and Family Services

17 under the Abused and Neglected Child Reporting Act and upon

18 proof by clear and convincing evidence that the licensee

19 has caused a child to be an abused child or neglected child

20 as defined in the Abused and Neglected Child Reporting Act.

21 (18) Physical illness or mental illness or impairment,

22 including, but not limited to, deterioration through the

23 aging process or loss of motor skill that results in the

24 inability to practice the profession with reasonable

25 judgment, skill, or safety.

26 (19) Solicitation of professional services by using

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1 false or misleading advertising.

2 (20) A pattern of practice or other behavior that

3 demonstrates incapacity or incompetence to practice under

4 this Act.

5 (21) Practicing under a false or assumed name, except

6 as provided by law.

7 (22) Gross, willful, and continued overcharging for

8 professional services, including filing false statements

9 for collection of fees or moneys for which services are not

10 rendered.

11 (23) Failure to establish and maintain records of

12 patient care and treatment as required by law.

13 (24) Cheating on or attempting to subvert the licensing

14 examinations administered under this Act.

15 (25) Willfully failing to report an instance of

16 suspected abuse, neglect, financial exploitation, or

17 self-neglect of an eligible adult as defined in and

18 required by the Adult Protective Services Act.

19 (26) Being named as an abuser in a verified report by

20 the Department on Aging and under the Adult Protective

21 Services Act and upon proof by clear and convincing

22 evidence that the licensee abused, neglected, or

23 financially exploited an eligible adult as defined in the

24 Adult Protective Services Act.

25 (b) (Blank). ~~The Department shall deny any application for~~

26 ~~a license or renewal, without hearing, under this Act to any~~

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1 ~~person who has defaulted on an educational loan guaranteed by~~

2 ~~the Illinois Student Assistance Commission; however, the~~

3 ~~Department may issue a license or renewal if the person in~~

4 ~~default has established a satisfactory repayment record as~~

5 ~~determined by the Illinois Student Assistance Commission.~~

6 (c) The determination by a circuit court that a licensee is

7 subject to involuntary admission or judicial admission, as

8 provided in the Mental Health and Developmental Disabilities

9 Code, operates as an automatic suspension. The suspension will

10 terminate only upon a finding by a court that the patient is no

11 longer subject to involuntary admission or judicial admission

12 and the issuance of an order so finding and discharging the

13 patient, and upon the recommendation of the Board to the

14 Secretary that the licensee be allowed to resume his or her

15 practice as a licensed marriage and family therapist or an

16 associate licensed marriage and family therapist.

17 (d) The Department shall refuse to issue or may suspend the

18 license of any person who fails to file a return, pay the tax,

19 penalty, or interest shown in a filed return or pay any final

20 assessment of tax, penalty, or interest, as required by any tax

21 Act administered by the Illinois Department of Revenue, until

22 the time the requirements of the tax Act are satisfied.

23 (e) In enforcing this Section, the Department or Board upon

24 a showing of a possible violation may compel an individual

25 licensed to practice under this Act, or who has applied for

26 licensure under this Act, to submit to a mental or physical

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1 examination, or both, which may include a substance abuse or

2 sexual offender evaluation, as required by and at the expense

3 of the Department.

4 The Department shall specifically designate the examining

5 physician licensed to practice medicine in all of its branches

6 or, if applicable, the multidisciplinary team involved in

7 providing the mental or physical examination or both. The

8 multidisciplinary team shall be led by a physician licensed to

9 practice medicine in all of its branches and may consist of one

10 or more or a combination of physicians licensed to practice

11 medicine in all of its branches, licensed clinical

12 psychologists, licensed clinical social workers, licensed

13 clinical professional counselors, licensed marriage and family

14 therapists, and other professional and administrative staff.

15 Any examining physician or member of the multidisciplinary team

16 may require any person ordered to submit to an examination and

17 evaluation pursuant to this Section to submit to any additional

18 supplemental testing deemed necessary to complete any

19 examination or evaluation process, including, but not limited

20 to, blood testing, urinalysis, psychological testing, or

21 neuropsychological testing.

22 The Department may order the examining physician or any

23 member of the multidisciplinary team to provide to the

24 Department any and all records, including business records,

25 that relate to the examination and evaluation, including any

26 supplemental testing performed.

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1 The Department or Board may order the examining physician

2 or any member of the multidisciplinary team to present

3 testimony concerning the mental or physical examination of the

4 licensee or applicant. No information, report, record, or other

5 documents in any way related to the examination shall be

6 excluded by reason of any common law or statutory privilege

7 relating to communications between the licensee or applicant

8 and the examining physician or any member of the

9 multidisciplinary team. No authorization is necessary from the

10 licensee or applicant ordered to undergo an examination for the

11 examining physician or any member of the multidisciplinary team

12 to provide information, reports, records, or other documents or

13 to provide any testimony regarding the examination and

14 evaluation.

15 The individual to be examined may have, at his or her own

16 expense, another physician of his or her choice present during

17 all aspects of this examination. However, that physician shall

18 be present only to observe and may not interfere in any way

19 with the examination.

20 Failure of an individual to submit to a mental or physical

21 examination, when ordered, shall result in an automatic

22 suspension of his or her license until the individual submits

23 to the examination.

24 If the Department or Board finds an individual unable to

25 practice because of the reasons set forth in this Section, the

26 Department or Board may require that individual to submit to

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1 care, counseling, or treatment by physicians approved or

2 designated by the Department or Board, as a condition, term, or

3 restriction for continued, reinstated, or renewed licensure to

4 practice; or, in lieu of care, counseling, or treatment, the

5 Department may file, or the Board may recommend to the

6 Department to file, a complaint to immediately suspend, revoke,

7 or otherwise discipline the license of the individual. An

8 individual whose license was granted, continued, reinstated,

9 renewed, disciplined or supervised subject to such terms,

10 conditions, or restrictions, and who fails to comply with such

11 terms, conditions, or restrictions, shall be referred to the

12 Secretary for a determination as to whether the individual

13 shall have his or her license suspended immediately, pending a

14 hearing by the Department.

15 In instances in which the Secretary immediately suspends a

16 person's license under this Section, a hearing on that person's

17 license must be convened by the Department within 30 days after

18 the suspension and completed without appreciable delay. The

19 Department and Board shall have the authority to review the

20 subject individual's record of treatment and counseling

21 regarding the impairment to the extent permitted by applicable

22 federal statutes and regulations safeguarding the

23 confidentiality of medical records.

24 An individual licensed under this Act and affected under

25 this Section shall be afforded an opportunity to demonstrate to

26 the Department or Board that he or she can resume practice in

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1 compliance with acceptable and prevailing standards under the

2 provisions of his or her license.

3 (f) A fine shall be paid within 60 days after the effective

4 date of the order imposing the fine or in accordance with the

5 terms set forth in the order imposing the fine.

6 (Source: P.A. 100-372, eff. 8-25-17.)

7 Section 45. The Massage Licensing Act is amended by

8 changing Section 45 as follows:

9 (225 ILCS 57/45)

10 (Section scheduled to be repealed on January 1, 2022)

11 Sec. 45. Grounds for discipline.

12 (a) The Department may refuse to issue or renew, or may

13 revoke, suspend, place on probation, reprimand, or take other

14 disciplinary or non-disciplinary action, as the Department

15 considers appropriate, including the imposition of fines not to

16 exceed $10,000 for each violation, with regard to any license

17 or licensee for any one or more of the following:

18 (1) violations of this Act or of the rules adopted

19 under this Act;

20 (2) conviction by plea of guilty or nolo contendere,

21 finding of guilt, jury verdict, or entry of judgment or by

22 sentencing of any crime, including, but not limited to,

23 convictions, preceding sentences of supervision,

24 conditional discharge, or first offender probation, under

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1 the laws of any jurisdiction of the United States: (i) that

2 is a felony; or (ii) that is a misdemeanor, an essential

3 element of which is dishonesty, or that is directly related

4 to the practice of the profession;

5 (3) professional incompetence;

6 (4) advertising in a false, deceptive, or misleading

7 manner;

8 (5) aiding, abetting, assisting, procuring, advising,

9 employing, or contracting with any unlicensed person to

10 practice massage contrary to any rules or provisions of

11 this Act;

12 (6) engaging in immoral conduct in the commission of

13 any act, such as sexual abuse, sexual misconduct, or sexual

14 exploitation, related to the licensee's practice;

15 (7) engaging in dishonorable, unethical, or

16 unprofessional conduct of a character likely to deceive,

17 defraud, or harm the public;

18 (8) practicing or offering to practice beyond the scope

19 permitted by law or accepting and performing professional

20 responsibilities which the licensee knows or has reason to

21 know that he or she is not competent to perform;

22 (9) knowingly delegating professional responsibilities

23 to a person unqualified by training, experience, or

24 licensure to perform;

25 (10) failing to provide information in response to a

26 written request made by the Department within 60 days;

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1 (11) having a habitual or excessive use of or addiction

2 to alcohol, narcotics, stimulants, or any other chemical

3 agent or drug which results in the inability to practice

4 with reasonable judgment, skill, or safety;

5 (12) having a pattern of practice or other behavior

6 that demonstrates incapacity or incompetence to practice

7 under this Act;

8 (13) discipline by another state, District of

9 Columbia, territory, or foreign nation, if at least one of

10 the grounds for the discipline is the same or substantially

11 equivalent to those set forth in this Section;

12 (14) a finding by the Department that the licensee,

13 after having his or her license placed on probationary

14 status, has violated the terms of probation;

15 (15) willfully making or filing false records or

16 reports in his or her practice, including, but not limited

17 to, false records filed with State agencies or departments;

18 (16) making a material misstatement in furnishing

19 information to the Department or otherwise making

20 misleading, deceptive, untrue, or fraudulent

21 representations in violation of this Act or otherwise in

22 the practice of the profession;

23 (17) fraud or misrepresentation in applying for or

24 procuring a license under this Act or in connection with

25 applying for renewal of a license under this Act;

26 (18) inability to practice the profession with

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1 reasonable judgment, skill, or safety as a result of

2 physical illness, including, but not limited to,

3 deterioration through the aging process, loss of motor

4 skill, or a mental illness or disability;

5 (19) charging for professional services not rendered,

6 including filing false statements for the collection of

7 fees for which services are not rendered;

8 (20) practicing under a false or, except as provided by

9 law, an assumed name; or

10 (21) cheating on or attempting to subvert the licensing

11 examination administered under this Act.

12 All fines shall be paid within 60 days of the effective

13 date of the order imposing the fine.

14 (b) A person not licensed under this Act and engaged in the

15 business of offering massage therapy services through others,

16 shall not aid, abet, assist, procure, advise, employ, or

17 contract with any unlicensed person to practice massage therapy

18 contrary to any rules or provisions of this Act. A person

19 violating this subsection (b) shall be treated as a licensee

20 for the purposes of disciplinary action under this Section and

21 shall be subject to cease and desist orders as provided in

22 Section 90 of this Act.

23 (c) The Department shall revoke any license issued under

24 this Act of any person who is convicted of prostitution, rape,

25 sexual misconduct, or any crime that subjects the licensee to

26 compliance with the requirements of the Sex Offender

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1 Registration Act and any such conviction shall operate as a

2 permanent bar in the State of Illinois to practice as a massage

3 therapist.

4 (d) The Department may refuse to issue or may suspend the

5 license of any person who fails to file a tax return, to pay

6 the tax, penalty, or interest shown in a filed tax return, or

7 to pay any final assessment of tax, penalty, or interest, as

8 required by any tax Act administered by the Illinois Department

9 of Revenue, until such time as the requirements of the tax Act

10 are satisfied in accordance with subsection (g) of Section

11 2105-15 of the Civil Administrative Code of Illinois.

12 (e) (Blank). ~~The Department shall deny a license or renewal~~

13 ~~authorized by this Act to a person who has defaulted on an~~

14 ~~educational loan or scholarship provided or guaranteed by the~~

15 ~~Illinois Student Assistance Commission or any governmental~~

16 ~~agency of this State in accordance with item (5) of subsection~~

17 ~~(a) of Section 2105-15 of the Civil Administrative Code of~~

18 ~~Illinois.~~

19 (f) In cases where the Department of Healthcare and Family

20 Services has previously determined that a licensee or a

21 potential licensee is more than 30 days delinquent in the

22 payment of child support and has subsequently certified the

23 delinquency to the Department, the Department may refuse to

24 issue or renew or may revoke or suspend that person's license

25 or may take other disciplinary action against that person based

26 solely upon the certification of delinquency made by the

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1 Department of Healthcare and Family Services in accordance with

2 item (5) of subsection (a) of Section 2105-15 of the Civil

3 Administrative Code of Illinois.

4 (g) The determination by a circuit court that a licensee is

5 subject to involuntary admission or judicial admission, as

6 provided in the Mental Health and Developmental Disabilities

7 Code, operates as an automatic suspension. The suspension will

8 end only upon a finding by a court that the patient is no

9 longer subject to involuntary admission or judicial admission

10 and the issuance of a court order so finding and discharging

11 the patient.

12 (h) In enforcing this Act, the Department or Board, upon a

13 showing of a possible violation, may compel an individual

14 licensed to practice under this Act, or who has applied for

15 licensure under this Act, to submit to a mental or physical

16 examination, or both, as required by and at the expense of the

17 Department. The Department or Board may order the examining

18 physician to present testimony concerning the mental or

19 physical examination of the licensee or applicant. No

20 information shall be excluded by reason of any common law or

21 statutory privilege relating to communications between the

22 licensee or applicant and the examining physician. The

23 examining physicians shall be specifically designated by the

24 Board or Department. The individual to be examined may have, at

25 his or her own expense, another physician of his or her choice

26 present during all aspects of this examination. The examination

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1 shall be performed by a physician licensed to practice medicine

2 in all its branches. Failure of an individual to submit to a

3 mental or physical examination, when directed, shall result in

4 an automatic suspension without hearing.

5 A person holding a license under this Act or who has

6 applied for a license under this Act who, because of a physical

7 or mental illness or disability, including, but not limited to,

8 deterioration through the aging process or loss of motor skill,

9 is unable to practice the profession with reasonable judgment,

10 skill, or safety, may be required by the Department to submit

11 to care, counseling, or treatment by physicians approved or

12 designated by the Department as a condition, term, or

13 restriction for continued, reinstated, or renewed licensure to

14 practice. Submission to care, counseling, or treatment as

15 required by the Department shall not be considered discipline

16 of a license. If the licensee refuses to enter into a care,

17 counseling, or treatment agreement or fails to abide by the

18 terms of the agreement, the Department may file a complaint to

19 revoke, suspend, or otherwise discipline the license of the

20 individual. The Secretary may order the license suspended

21 immediately, pending a hearing by the Department. Fines shall

22 not be assessed in disciplinary actions involving physical or

23 mental illness or impairment.

24 In instances in which the Secretary immediately suspends a

25 person's license under this Section, a hearing on that person's

26 license must be convened by the Department within 15 days after

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1 the suspension and completed without appreciable delay. The

2 Department and Board shall have the authority to review the

3 subject individual's record of treatment and counseling

4 regarding the impairment to the extent permitted by applicable

5 federal statutes and regulations safeguarding the

6 confidentiality of medical records.

7 An individual licensed under this Act and affected under

8 this Section shall be afforded an opportunity to demonstrate to

9 the Department or Board that he or she can resume practice in

10 compliance with acceptable and prevailing standards under the

11 provisions of his or her license.

12 (Source: P.A. 97-514, eff. 8-23-11; 98-756, eff. 7-16-14.)

13 Section 50. The Naprapathic Practice Act is amended by

14 changing Section 110 as follows:

15 (225 ILCS 63/110)

16 (Section scheduled to be repealed on January 1, 2023)

17 Sec. 110. Grounds for disciplinary action; refusal,

18 revocation, suspension.

19 (a) The Department may refuse to issue or to renew, or may

20 revoke, suspend, place on probation, reprimand or take other

21 disciplinary or non-disciplinary action as the Department may

22 deem appropriate, including imposing fines not to exceed

23 $10,000 for each violation, with regard to any licensee or

24 license for any one or combination of the following causes:

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1 (1) Violations of this Act or of rules adopted under

2 this Act.

3 (2) Material misstatement in furnishing information to

4 the Department.

5 (3) Conviction by plea of guilty or nolo contendere,

6 finding of guilt, jury verdict, or entry of judgment, or by

7 sentencing of any crime, including, but not limited to,

8 convictions, preceding sentences of supervision,

9 conditional discharge, or first offender probation, under

10 the laws of any jurisdiction of the United States: (i) that

11 is a felony or (ii) that is a misdemeanor, an essential

12 element of which is dishonesty, or that is directly related

13 to the practice of the profession.

14 (4) Fraud or any misrepresentation in applying for or

15 procuring a license under this Act or in connection with

16 applying for renewal of a license under this Act.

17 (5) Professional incompetence or gross negligence.

18 (6) Malpractice.

19 (7) Aiding or assisting another person in violating any

20 provision of this Act or its rules.

21 (8) Failing to provide information within 60 days in

22 response to a written request made by the Department.

23 (9) Engaging in dishonorable, unethical, or

24 unprofessional conduct of a character likely to deceive,

25 defraud, or harm the public.

26 (10) Habitual or excessive use or abuse of drugs

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1 defined in law as controlled substances, alcohol, or any

2 other substance which results in the inability to practice

3 with reasonable judgment, skill, or safety.

4 (11) Discipline by another U.S. jurisdiction or

5 foreign nation if at least one of the grounds for the

6 discipline is the same or substantially equivalent to those

7 set forth in this Act.

8 (12) Directly or indirectly giving to or receiving from

9 any person, firm, corporation, partnership, or association

10 any fee, commission, rebate, or other form of compensation

11 for any professional services not actually or personally

12 rendered. This shall not be deemed to include rent or other

13 remunerations paid to an individual, partnership, or

14 corporation by a naprapath for the lease, rental, or use of

15 space, owned or controlled by the individual, partnership,

16 corporation, or association. Nothing in this paragraph

17 (12) affects any bona fide independent contractor or

18 employment arrangements among health care professionals,

19 health facilities, health care providers, or other

20 entities, except as otherwise prohibited by law. Any

21 employment arrangements may include provisions for

22 compensation, health insurance, pension, or other

23 employment benefits for the provision of services within

24 the scope of the licensee's practice under this Act.

25 Nothing in this paragraph (12) shall be construed to

26 require an employment arrangement to receive professional

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1 fees for services rendered.

2 (13) Using the title "Doctor" or its abbreviation

3 without further clarifying that title or abbreviation with

4 the word "naprapath" or "naprapathy" or the designation

5 "D.N.".

6 (14) A finding by the Department that the licensee,

7 after having his or her license placed on probationary

8 status, has violated the terms of probation.

9 (15) Abandonment of a patient without cause.

10 (16) Willfully making or filing false records or

11 reports relating to a licensee's practice, including but

12 not limited to, false records filed with State agencies or

13 departments.

14 (17) Willfully failing to report an instance of

15 suspected child abuse or neglect as required by the Abused

16 and Neglected Child Reporting Act.

17 (18) Physical or mental illness or disability,

18 including, but not limited to, deterioration through the

19 aging process or loss of motor skill that results in the

20 inability to practice the profession with reasonable

21 judgment, skill, or safety.

22 (19) Solicitation of professional services by means

23 other than permitted advertising.

24 (20) Failure to provide a patient with a copy of his or

25 her record upon the written request of the patient.

26 (21) Cheating on or attempting to subvert the licensing

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1 examination administered under this Act.

2 (22) Allowing one's license under this Act to be used

3 by an unlicensed person in violation of this Act.

4 (23) (Blank).

5 (24) Being named as a perpetrator in an indicated

6 report by the Department of Children and Family Services

7 under the Abused and Neglected Child Reporting Act and upon

8 proof by clear and convincing evidence that the licensee

9 has caused a child to be an abused child or a neglected

10 child as defined in the Abused and Neglected Child

11 Reporting Act.

12 (25) Practicing under a false or, except as provided by

13 law, an assumed name.

14 (26) Immoral conduct in the commission of any act, such

15 as sexual abuse, sexual misconduct, or sexual

16 exploitation, related to the licensee's practice.

17 (27) Maintaining a professional relationship with any

18 person, firm, or corporation when the naprapath knows, or

19 should know, that the person, firm, or corporation is

20 violating this Act.

21 (28) Promotion of the sale of food supplements,

22 devices, appliances, or goods provided for a client or

23 patient in such manner as to exploit the patient or client

24 for financial gain of the licensee.

25 (29) Having treated ailments of human beings other than

26 by the practice of naprapathy as defined in this Act, or

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1 having treated ailments of human beings as a licensed

2 naprapath independent of a documented referral or

3 documented current and relevant diagnosis from a

4 physician, dentist, or podiatric physician, or having

5 failed to notify the physician, dentist, or podiatric

6 physician who established a documented current and

7 relevant diagnosis that the patient is receiving

8 naprapathic treatment pursuant to that diagnosis.

9 (30) Use by a registered naprapath of the word

10 "infirmary", "hospital", "school", "university", in

11 English or any other language, in connection with the place

12 where naprapathy may be practiced or demonstrated.

13 (31) Continuance of a naprapath in the employ of any

14 person, firm, or corporation, or as an assistant to any

15 naprapath or naprapaths, directly or indirectly, after his

16 or her employer or superior has been found guilty of

17 violating or has been enjoined from violating the laws of

18 the State of Illinois relating to the practice of

19 naprapathy when the employer or superior persists in that

20 violation.

21 (32) The performance of naprapathic service in

22 conjunction with a scheme or plan with another person,

23 firm, or corporation known to be advertising in a manner

24 contrary to this Act or otherwise violating the laws of the

25 State of Illinois concerning the practice of naprapathy.

26 (33) Failure to provide satisfactory proof of having

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1 participated in approved continuing education programs as

2 determined by and approved by the Secretary. Exceptions for

3 extreme hardships are to be defined by the rules of the

4 Department.

5 (34) (Blank).

6 (35) Gross or willful overcharging for professional

7 services.

8 (36) (Blank).

9 All fines imposed under this Section shall be paid within

10 60 days after the effective date of the order imposing the

11 fine.

12 (b) The Department may refuse to issue or may suspend

13 without hearing, as provided for in the Department of

14 Professional Regulation Law of the Civil Administrative Code,

15 the license of any person who fails to file a return, or pay

16 the tax, penalty, or interest shown in a filed return, or pay

17 any final assessment of the tax, penalty, or interest as

18 required by any tax Act administered by the Illinois Department

19 of Revenue, until such time as the requirements of any such tax

20 Act are satisfied in accordance with subsection (g) of Section

21 2105-15 of the Department of Professional Regulation Law of the

22 Civil Administrative Code of Illinois.

23 (c) (Blank). ~~The Department shall deny a license or renewal~~

24 ~~authorized by this Act to a person who has defaulted on an~~

25 ~~educational loan or scholarship provided or guaranteed by the~~

26 ~~Illinois Student Assistance Commission or any governmental~~

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1 ~~agency of this State in accordance with item (5) of subsection~~

2 ~~(a) of Section 2105-15 of the Department of Professional~~

3 ~~Regulation Law of the Civil Administrative Code of Illinois.~~

4 (d) In cases where the Department of Healthcare and Family

5 Services has previously determined a licensee or a potential

6 licensee is more than 30 days delinquent in the payment of

7 child support and has subsequently certified the delinquency to

8 the Department, the Department may refuse to issue or renew or

9 may revoke or suspend that person's license or may take other

10 disciplinary action against that person based solely upon the

11 certification of delinquency made by the Department of

12 Healthcare and Family Services in accordance with item (5) of

13 subsection (a) of Section 2105-15 of the Department of

14 Professional Regulation Law of the Civil Administrative Code of

15 Illinois.

16 (e) The determination by a circuit court that a licensee is

17 subject to involuntary admission or judicial admission, as

18 provided in the Mental Health and Developmental Disabilities

19 Code, operates as an automatic suspension. The suspension shall

20 end only upon a finding by a court that the patient is no

21 longer subject to involuntary admission or judicial admission

22 and the issuance of an order so finding and discharging the

23 patient.

24 (f) In enforcing this Act, the Department, upon a showing

25 of a possible violation, may compel an individual licensed to

26 practice under this Act, or who has applied for licensure under

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1 this Act, to submit to a mental or physical examination and

2 evaluation, or both, which may include a substance abuse or

3 sexual offender evaluation, as required by and at the expense

4 of the Department. The Department shall specifically designate

5 the examining physician licensed to practice medicine in all of

6 its branches or, if applicable, the multidisciplinary team

7 involved in providing the mental or physical examination and

8 evaluation, or both. The multidisciplinary team shall be led by

9 a physician licensed to practice medicine in all of its

10 branches and may consist of one or more or a combination of

11 physicians licensed to practice medicine in all of its

12 branches, licensed chiropractic physicians, licensed clinical

13 psychologists, licensed clinical social workers, licensed

14 clinical professional counselors, and other professional and

15 administrative staff. Any examining physician or member of the

16 multidisciplinary team may require any person ordered to submit

17 to an examination and evaluation pursuant to this Section to

18 submit to any additional supplemental testing deemed necessary

19 to complete any examination or evaluation process, including,

20 but not limited to, blood testing, urinalysis, psychological

21 testing, or neuropsychological testing.

22 The Department may order the examining physician or any

23 member of the multidisciplinary team to provide to the

24 Department any and all records including business records that

25 relate to the examination and evaluation, including any

26 supplemental testing performed. The Department may order the

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1 examining physician or any member of the multidisciplinary team

2 to present testimony concerning the examination and evaluation

3 of the licensee or applicant, including testimony concerning

4 any supplemental testing or documents in any way related to the

5 examination and evaluation. No information, report, record, or

6 other documents in any way related to the examination and

7 evaluation shall be excluded by reason of any common law or

8 statutory privilege relating to communications between the

9 licensee or applicant and the examining physician or any member

10 of the multidisciplinary team. No authorization is necessary

11 from the licensee or applicant ordered to undergo an evaluation

12 and examination for the examining physician or any member of

13 the multidisciplinary team to provide information, reports,

14 records, or other documents or to provide any testimony

15 regarding the examination and evaluation. The individual to be

16 examined may have, at his or her own expense, another physician

17 of his or her choice present during all aspects of this

18 examination. Failure of an individual to submit to a mental or

19 physical examination and evaluation, or both, when directed,

20 shall result in an automatic suspension without hearing, until

21 such time as the individual submits to the examination.

22 A person holding a license under this Act or who has

23 applied for a license under this Act who, because of a physical

24 or mental illness or disability, including, but not limited to,

25 deterioration through the aging process or loss of motor skill,

26 is unable to practice the profession with reasonable judgment,

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1 skill, or safety, may be required by the Department to submit

2 to care, counseling, or treatment by physicians approved or

3 designated by the Department as a condition, term, or

4 restriction for continued, reinstated, or renewed licensure to

5 practice. Submission to care, counseling, or treatment as

6 required by the Department shall not be considered discipline

7 of a license. If the licensee refuses to enter into a care,

8 counseling, or treatment agreement or fails to abide by the

9 terms of the agreement, the Department may file a complaint to

10 revoke, suspend, or otherwise discipline the license of the

11 individual. The Secretary may order the license suspended

12 immediately, pending a hearing by the Department. Fines shall

13 not be assessed in disciplinary actions involving physical or

14 mental illness or impairment.

15 In instances in which the Secretary immediately suspends a

16 person's license under this Section, a hearing on that person's

17 license must be convened by the Department within 15 days after

18 the suspension and completed without appreciable delay. The

19 Department shall have the authority to review the subject

20 individual's record of treatment and counseling regarding the

21 impairment to the extent permitted by applicable federal

22 statutes and regulations safeguarding the confidentiality of

23 medical records.

24 An individual licensed under this Act and affected under

25 this Section shall be afforded an opportunity to demonstrate to

26 the Department that he or she can resume practice in compliance

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1 with acceptable and prevailing standards under the provisions

2 of his or her license.

3 (Source: P.A. 97-778, eff. 7-13-12; 98-214, eff. 8-9-13;

4 98-463, eff. 8-16-13.)

5 Section 55. The Illinois Occupational Therapy Practice Act

6 is amended by changing Section 19 as follows:

7 (225 ILCS 75/19) (from Ch. 111, par. 3719)

8 (Section scheduled to be repealed on January 1, 2024)

9 Sec. 19. Grounds for discipline.

10 (a) The Department may refuse to issue or renew, or may

11 revoke, suspend, place on probation, reprimand or take other

12 disciplinary or non-disciplinary action as the Department may

13 deem proper, including imposing fines not to exceed $10,000 for

14 each violation and the assessment of costs as provided under

15 Section 19.3 of this Act, with regard to any license for any

16 one or combination of the following:

17 (1) Material misstatement in furnishing information to

18 the Department;

19 (2) Violations of this Act, or of the rules promulgated

20 thereunder;

21 (3) Conviction by plea of guilty or nolo contendere,

22 finding of guilt, jury verdict, or entry of judgment or

23 sentencing of any crime, including, but not limited to,

24 convictions, preceding sentences of supervision,

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1 conditional discharge, or first offender probation, under

2 the laws of any jurisdiction of the United States that is

3 (i) a felony or (ii) a misdemeanor, an essential element of

4 which is dishonesty, or that is directly related to the

5 practice of the profession;

6 (4) Fraud or any misrepresentation in applying for or

7 procuring a license under this Act, or in connection with

8 applying for renewal of a license under this Act;

9 (5) Professional incompetence;

10 (6) Aiding or assisting another person, firm,

11 partnership or corporation in violating any provision of

12 this Act or rules;

13 (7) Failing, within 60 days, to provide information in

14 response to a written request made by the Department;

15 (8) Engaging in dishonorable, unethical or

16 unprofessional conduct of a character likely to deceive,

17 defraud or harm the public;

18 (9) Habitual or excessive use or abuse of drugs defined

19 in law as controlled substances, alcohol, or any other

20 substance that results in the inability to practice with

21 reasonable judgment, skill, or safety;

22 (10) Discipline by another state, unit of government,

23 government agency, the District of Columbia, a territory,

24 or foreign nation, if at least one of the grounds for the

25 discipline is the same or substantially equivalent to those

26 set forth herein;

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1 (11) Directly or indirectly giving to or receiving from

2 any person, firm, corporation, partnership, or association

3 any fee, commission, rebate or other form of compensation

4 for professional services not actually or personally

5 rendered. Nothing in this paragraph (11) affects any bona

6 fide independent contractor or employment arrangements

7 among health care professionals, health facilities, health

8 care providers, or other entities, except as otherwise

9 prohibited by law. Any employment arrangements may include

10 provisions for compensation, health insurance, pension, or

11 other employment benefits for the provision of services

12 within the scope of the licensee's practice under this Act.

13 Nothing in this paragraph (11) shall be construed to

14 require an employment arrangement to receive professional

15 fees for services rendered;

16 (12) A finding by the Department that the license

17 holder, after having his license disciplined, has violated

18 the terms of the discipline;

19 (13) Wilfully making or filing false records or reports

20 in the practice of occupational therapy, including but not

21 limited to false records filed with the State agencies or

22 departments;

23 (14) Physical illness, including but not limited to,

24 deterioration through the aging process, or loss of motor

25 skill which results in the inability to practice under this

26 Act with reasonable judgment, skill, or safety;

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1 (15) Solicitation of professional services other than

2 by permitted advertising;

3 (16) Allowing one's license under this Act to be used

4 by an unlicensed person in violation of this Act;

5 (17) Practicing under a false or, except as provided by

6 law, assumed name;

7 (18) Professional incompetence or gross negligence;

8 (19) Malpractice;

9 (20) Promotion of the sale of drugs, devices,

10 appliances, or goods provided for a patient in any manner

11 to exploit the client for financial gain of the licensee;

12 (21) Gross, willful, or continued overcharging for

13 professional services;

14 (22) Mental illness or disability that results in the

15 inability to practice under this Act with reasonable

16 judgment, skill, or safety;

17 (23) Violating the Health Care Worker Self-Referral

18 Act;

19 (24) Having treated patients other than by the practice

20 of occupational therapy as defined in this Act, or having

21 treated patients as a licensed occupational therapist

22 independent of a referral from a physician, advanced

23 practice registered nurse or physician assistant in

24 accordance with Section 3.1, dentist, podiatric physician,

25 or optometrist, or having failed to notify the physician,

26 advanced practice registered nurse, physician assistant,

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1 dentist, podiatric physician, or optometrist who

2 established a diagnosis that the patient is receiving

3 occupational therapy pursuant to that diagnosis;

4 (25) Cheating on or attempting to subvert the licensing

5 examination administered under this Act; and

6 (26) Charging for professional services not rendered,

7 including filing false statements for the collection of

8 fees for which services are not rendered.

9 All fines imposed under this Section shall be paid within

10 60 days after the effective date of the order imposing the fine

11 or in accordance with the terms set forth in the order imposing

12 the fine.

13 (b) The determination by a circuit court that a license

14 holder is subject to involuntary admission or judicial

15 admission as provided in the Mental Health and Developmental

16 Disabilities Code, as now or hereafter amended, operates as an

17 automatic suspension. Such suspension will end only upon a

18 finding by a court that the patient is no longer subject to

19 involuntary admission or judicial admission and an order by the

20 court so finding and discharging the patient. In any case where

21 a license is suspended under this provision, the licensee shall

22 file a petition for restoration and shall include evidence

23 acceptable to the Department that the licensee can resume

24 practice in compliance with acceptable and prevailing

25 standards of their profession.

26 (c) The Department may refuse to issue or may suspend

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1 without hearing, as provided for in the Code of Civil

2 Procedure, the license of any person who fails to file a

3 return, to pay the tax, penalty, or interest shown in a filed

4 return, or to pay any final assessment of tax, penalty, or

5 interest as required by any tax Act administered by the

6 Illinois Department of Revenue, until such time as the

7 requirements of any such tax Act are satisfied in accordance

8 with subsection (a) of Section 2105-15 of the Department of

9 Professional Regulation Law of the Civil Administrative Code of

10 Illinois.

11 (d) In enforcing this Section, the Department, upon a

12 showing of a possible violation, may compel any individual who

13 is licensed under this Act or any individual who has applied

14 for licensure to submit to a mental or physical examination or

15 evaluation, or both, which may include a substance abuse or

16 sexual offender evaluation, at the expense of the Department.

17 The Department shall specifically designate the examining

18 physician licensed to practice medicine in all of its branches

19 or, if applicable, the multidisciplinary team involved in

20 providing the mental or physical examination and evaluation.

21 The multidisciplinary team shall be led by a physician licensed

22 to practice medicine in all of its branches and may consist of

23 one or more or a combination of physicians licensed to practice

24 medicine in all of its branches, licensed chiropractic

25 physicians, licensed clinical psychologists, licensed clinical

26 social workers, licensed clinical professional counselors, and

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1 other professional and administrative staff. Any examining

2 physician or member of the multidisciplinary team may require

3 any person ordered to submit to an examination and evaluation

4 pursuant to this Section to submit to any additional

5 supplemental testing deemed necessary to complete any

6 examination or evaluation process, including, but not limited

7 to, blood testing, urinalysis, psychological testing, or

8 neuropsychological testing.

9 The Department may order the examining physician or any

10 member of the multidisciplinary team to provide to the

11 Department any and all records, including business records,

12 that relate to the examination and evaluation, including any

13 supplemental testing performed. The Department may order the

14 examining physician or any member of the multidisciplinary team

15 to present testimony concerning this examination and

16 evaluation of the licensee or applicant, including testimony

17 concerning any supplemental testing or documents relating to

18 the examination and evaluation. No information, report,

19 record, or other documents in any way related to the

20 examination and evaluation shall be excluded by reason of any

21 common law or statutory privilege relating to communication

22 between the licensee or applicant and the examining physician

23 or any member of the multidisciplinary team. No authorization

24 is necessary from the licensee or applicant ordered to undergo

25 an evaluation and examination for the examining physician or

26 any member of the multidisciplinary team to provide

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1 information, reports, records, or other documents or to provide

2 any testimony regarding the examination and evaluation. The

3 individual to be examined may have, at his or her own expense,

4 another physician of his or her choice present during all

5 aspects of the examination.

6 Failure of any individual to submit to mental or physical

7 examination or evaluation, or both, when directed, shall result

8 in an automatic suspension without hearing, until such time as

9 the individual submits to the examination. If the Department

10 finds a licensee unable to practice because of the reasons set

11 forth in this Section, the Department shall require the

12 licensee to submit to care, counseling, or treatment by

13 physicians approved or designated by the Department as a

14 condition for continued, reinstated, or renewed licensure.

15 When the Secretary immediately suspends a license under

16 this Section, a hearing upon such person's license must be

17 convened by the Department within 15 days after the suspension

18 and completed without appreciable delay. The Department shall

19 have the authority to review the licensee's record of treatment

20 and counseling regarding the impairment to the extent permitted

21 by applicable federal statutes and regulations safeguarding

22 the confidentiality of medical records.

23 Individuals licensed under this Act that are affected under

24 this Section, shall be afforded an opportunity to demonstrate

25 to the Department that they can resume practice in compliance

26 with acceptable and prevailing standards under the provisions

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1 of their license.

2 (e) (Blank). ~~The Department shall deny a license or renewal~~

3 ~~authorized by this Act to a person who has defaulted on an~~

4 ~~educational loan or scholarship provided or guaranteed by the~~

5 ~~Illinois Student Assistance Commission or any governmental~~

6 ~~agency of this State in accordance with paragraph (5) of~~

7 ~~subsection (a) of Section 2105-15 of the Department of~~

8 ~~Professional Regulation Law of the Civil Administrative Code of~~

9 ~~Illinois.~~

10 (f) In cases where the Department of Healthcare and Family

11 Services has previously determined a licensee or a potential

12 licensee is more than 30 days delinquent in the payment of

13 child support and has subsequently certified the delinquency to

14 the Department, the Department may refuse to issue or renew or

15 may revoke or suspend that person's license or may take other

16 disciplinary action against that person based solely upon the

17 certification of delinquency made by the Department of

18 Healthcare and Family Services in accordance with paragraph (5)

19 of subsection (a) of Section 2105-15 of the Department of

20 Professional Regulation Law of the Civil Administrative Code of

21 Illinois.

22 (Source: P.A. 100-513, eff. 1-1-18.)

23 Section 60. The Orthotics, Prosthetics, and Pedorthics

24 Practice Act is amended by changing Section 90 as follows:

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1 (225 ILCS 84/90)

2 (Section scheduled to be repealed on January 1, 2020)

3 Sec. 90. Grounds for discipline.

4 (a) The Department may refuse to issue or renew a license,

5 or may revoke or suspend a license, or may suspend, place on

6 probation, or reprimand a licensee or take other disciplinary

7 or non-disciplinary action as the Department may deem proper,

8 including, but not limited to, the imposition of fines not to

9 exceed $10,000 for each violation for one or any combination of

10 the following:

11 (1) Making a material misstatement in furnishing

12 information to the Department or the Board.

13 (2) Violations of or negligent or intentional

14 disregard of this Act or its rules.

15 (3) Conviction of, or entry of a plea of guilty or nolo

16 contendere to any crime that is a felony under the laws of

17 the United States or any state or territory thereof or that

18 is a misdemeanor of which an essential element is

19 dishonesty, or any crime that is directly related to the

20 practice of the profession.

21 (4) Making a misrepresentation for the purpose of

22 obtaining a license.

23 (5) A pattern of practice or other behavior that

24 demonstrates incapacity or incompetence to practice under

25 this Act.

26 (6) Gross negligence under this Act.

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1 (7) Aiding or assisting another person in violating a

2 provision of this Act or its rules.

3 (8) Failing to provide information within 60 days in

4 response to a written request made by the Department.

5 (9) Engaging in dishonorable, unethical, or

6 unprofessional conduct or conduct of a character likely to

7 deceive, defraud, or harm the public.

8 (10) Inability to practice with reasonable judgment,

9 skill, or safety as a result of habitual or excessive use

10 or addiction to alcohol, narcotics, stimulants, or any

11 other chemical agent or drug.

12 (11) Discipline by another state or territory of the

13 United States, the federal government, or foreign nation,

14 if at least one of the grounds for the discipline is the

15 same or substantially equivalent to one set forth in this

16 Section.

17 (12) Directly or indirectly giving to or receiving from

18 a person, firm, corporation, partnership, or association a

19 fee, commission, rebate, or other form of compensation for

20 professional services not actually or personally rendered.

21 Nothing in this paragraph (12) affects any bona fide

22 independent contractor or employment arrangements among

23 health care professionals, health facilities, health care

24 providers, or other entities, except as otherwise

25 prohibited by law. Any employment arrangements may include

26 provisions for compensation, health insurance, pension, or

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1 other employment benefits for the provision of services

2 within the scope of the licensee's practice under this Act.

3 Nothing in this paragraph (12) shall be construed to

4 require an employment arrangement to receive professional

5 fees for services rendered.

6 (13) A finding by the Board that the licensee or

7 registrant, after having his or her license placed on

8 probationary status, has violated the terms of probation.

9 (14) Abandonment of a patient or client.

10 (15) Willfully making or filing false records or

11 reports in his or her practice including, but not limited

12 to, false records filed with State agencies or departments.

13 (16) Willfully failing to report an instance of

14 suspected child abuse or neglect as required by the Abused

15 and Neglected Child Reporting Act.

16 (17) Inability to practice the profession with

17 reasonable judgment, skill, or safety as a result of a

18 physical illness, including, but not limited to,

19 deterioration through the aging process or loss of motor

20 skill, or a mental illness or disability.

21 (18) Solicitation of professional services using false

22 or misleading advertising.

23 (b) In enforcing this Section, the Department or Board upon

24 a showing of a possible violation, may compel a licensee or

25 applicant to submit to a mental or physical examination, or

26 both, as required by and at the expense of the Department. The

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1 Department or Board may order the examining physician to

2 present testimony concerning the mental or physical

3 examination of the licensee or applicant. No information shall

4 be excluded by reason of any common law or statutory privilege

5 relating to communications between the licensee or applicant

6 and the examining physician. The examining physicians shall be

7 specifically designated by the Board or Department. The

8 individual to be examined may have, at his or her own expense,

9 another physician of his or her choice present during all

10 aspects of this examination. Failure of an individual to submit

11 to a mental or physical examination, when directed, shall be

12 grounds for the immediate suspension of his or her license

13 until the individual submits to the examination if the

14 Department finds that the refusal to submit to the examination

15 was without reasonable cause as defined by rule.

16 In instances in which the Secretary immediately suspends a

17 person's license for his or her failure to submit to a mental

18 or physical examination, when directed, a hearing on that

19 person's license must be convened by the Department within 15

20 days after the suspension and completed without appreciable

21 delay.

22 In instances in which the Secretary otherwise suspends a

23 person's license pursuant to the results of a compelled mental

24 or physical examination, a hearing on that person's license

25 must be convened by the Department within 15 days after the

26 suspension and completed without appreciable delay. The

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1 Department and Board shall have the authority to review the

2 subject individual's record of treatment and counseling

3 regarding the impairment to the extent permitted by applicable

4 federal statutes and regulations safeguarding the

5 confidentiality of medical records.

6 An individual licensed under this Act and affected under

7 this Section shall be afforded an opportunity to demonstrate to

8 the Department or Board that he or she can resume practice in

9 compliance with acceptable and prevailing standards under the

10 provisions of his or her license.

11 (c) (Blank). ~~The Department shall deny a license or renewal~~

12 ~~authorized by this Act to a person who has defaulted on an~~

13 ~~educational loan or scholarship provided or guaranteed by the~~

14 ~~Illinois Student Assistance Commission or any governmental~~

15 ~~agency of this State in accordance with subsection (a)(5) of~~

16 ~~Section 2105-15 of the Department of Professional Regulation~~

17 ~~Law of the Civil Administrative Code of Illinois (20 ILCS~~

18 ~~2105/2105-15).~~

19 (d) In cases where the Department of Healthcare and Family

20 Services (formerly Department of Public Aid) has previously

21 determined that a licensee or a potential licensee is more than

22 30 days delinquent in the payment of child support and has

23 subsequently certified the delinquency to the Department, the

24 Department may refuse to issue or renew or may revoke or

25 suspend that person's license or may take other disciplinary

26 action against that person based solely upon the certification

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1 of delinquency made by the Department of Healthcare and Family

2 Services in accordance with subsection (a)(5) of Section

3 2105-15 of the Department of Professional Regulation Law of the

4 Civil Administrative Code of Illinois (20 ILCS 2105/2105-15).

5 (e) The Department may refuse to issue or renew a license,

6 or may revoke or suspend a license, for failure to file a

7 return, to pay the tax, penalty, or interest shown in a filed

8 return, or to pay any final assessment of tax, penalty, or

9 interest as required by any tax Act administered by the

10 Department of Revenue, until such time as the requirements of

11 the tax Act are satisfied in accordance with subsection (g) of

12 Section 2105-15 of the Department of Professional Regulation

13 Law of the Civil Administrative Code of Illinois (20 ILCS

14 2105/2105-15).

15 (Source: P.A. 98-756, eff. 7-16-14.)

16 Section 65. The Professional Counselor and Clinical

17 Professional Counselor Licensing and Practice Act is amended by

18 changing Section 80 as follows:

19 (225 ILCS 107/80)

20 (Section scheduled to be repealed on January 1, 2023)

21 Sec. 80. Grounds for discipline.

22 (a) The Department may refuse to issue, renew, or may

23 revoke, suspend, place on probation, reprimand, or take other

24 disciplinary or non-disciplinary action as the Department

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1 deems appropriate, including the issuance of fines not to

2 exceed $10,000 for each violation, with regard to any license

3 for any one or more of the following:

4 (1) Material misstatement in furnishing information to

5 the Department or to any other State agency.

6 (2) Violations or negligent or intentional disregard

7 of this Act or rules adopted under this Act.

8 (3) Conviction by plea of guilty or nolo contendere,

9 finding of guilt, jury verdict, or entry of judgment or by

10 sentencing of any crime, including, but not limited to,

11 convictions, preceding sentences of supervision,

12 conditional discharge, or first offender probation, under

13 the laws of any jurisdiction of the United States: (i) that

14 is a felony or (ii) that is a misdemeanor, an essential

15 element of which is dishonesty, or that is directly related

16 to the practice of the profession.

17 (4) Fraud or any misrepresentation in applying for or

18 procuring a license under this Act or in connection with

19 applying for renewal of a license under this Act.

20 (5) Professional incompetence or gross negligence in

21 the rendering of professional counseling or clinical

22 professional counseling services.

23 (6) Malpractice.

24 (7) Aiding or assisting another person in violating any

25 provision of this Act or any rules.

26 (8) Failing to provide information within 60 days in

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1 response to a written request made by the Department.

2 (9) Engaging in dishonorable, unethical, or

3 unprofessional conduct of a character likely to deceive,

4 defraud, or harm the public and violating the rules of

5 professional conduct adopted by the Department.

6 (10) Habitual or excessive use or abuse of drugs as

7 defined in law as controlled substances, alcohol, or any

8 other substance which results in inability to practice with

9 reasonable skill, judgment, or safety.

10 (11) Discipline by another jurisdiction, the District

11 of Columbia, territory, county, or governmental agency, if

12 at least one of the grounds for the discipline is the same

13 or substantially equivalent to those set forth in this

14 Section.

15 (12) Directly or indirectly giving to or receiving from

16 any person, firm, corporation, partnership, or association

17 any fee, commission, rebate or other form of compensation

18 for any professional service not actually rendered.

19 Nothing in this paragraph (12) affects any bona fide

20 independent contractor or employment arrangements among

21 health care professionals, health facilities, health care

22 providers, or other entities, except as otherwise

23 prohibited by law. Any employment arrangements may include

24 provisions for compensation, health insurance, pension, or

25 other employment benefits for the provision of services

26 within the scope of the licensee's practice under this Act.

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1 Nothing in this paragraph (12) shall be construed to

2 require an employment arrangement to receive professional

3 fees for services rendered.

4 (13) A finding by the Board that the licensee, after

5 having the license placed on probationary status, has

6 violated the terms of probation.

7 (14) Abandonment of a client.

8 (15) Willfully filing false reports relating to a

9 licensee's practice, including but not limited to false

10 records filed with federal or State agencies or

11 departments.

12 (16) Willfully failing to report an instance of

13 suspected child abuse or neglect as required by the Abused

14 and Neglected Child Reporting Act and in matters pertaining

15 to suspected abuse, neglect, financial exploitation, or

16 self-neglect of adults with disabilities and older adults

17 as set forth in the Adult Protective Services Act.

18 (17) Being named as a perpetrator in an indicated

19 report by the Department of Children and Family Services

20 pursuant to the Abused and Neglected Child Reporting Act,

21 and upon proof by clear and convincing evidence that the

22 licensee has caused a child to be an abused child or

23 neglected child as defined in the Abused and Neglected

24 Child Reporting Act.

25 (18) Physical or mental illness or disability,

26 including, but not limited to, deterioration through the

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1 aging process or loss of abilities and skills which results

2 in the inability to practice the profession with reasonable

3 judgment, skill, or safety.

4 (19) Solicitation of professional services by using

5 false or misleading advertising.

6 (20) Allowing one's license under this Act to be used

7 by an unlicensed person in violation of this Act.

8 (21) A finding that licensure has been applied for or

9 obtained by fraudulent means.

10 (22) Practicing under a false or, except as provided by

11 law, an assumed name.

12 (23) Gross and willful overcharging for professional

13 services including filing statements for collection of

14 fees or monies for which services are not rendered.

15 (24) Rendering professional counseling or clinical

16 professional counseling services without a license or

17 practicing outside the scope of a license.

18 (25) Clinical supervisors failing to adequately and

19 responsibly monitor supervisees.

20 All fines imposed under this Section shall be paid within

21 60 days after the effective date of the order imposing the

22 fine.

23 (b) (Blank). ~~The Department shall deny, without hearing,~~

24 ~~any application or renewal for a license under this Act to any~~

25 ~~person who has defaulted on an educational loan guaranteed by~~

26 ~~the Illinois Student Assistance Commission or any governmental~~

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1 ~~agency of this State in accordance with item (5) of subsection~~

2 ~~(a) of Section 2105-15 of the Department of Professional~~

3 ~~Regulation Law of the Civil Administrative Code of Illinois.~~

4 (b-5) The Department may refuse to issue or may suspend

5 without hearing, as provided for in the Code of Civil

6 Procedure, the license of any person who fails to file a

7 return, pay the tax, penalty, or interest shown in a filed

8 return, or pay any final assessment of the tax, penalty, or

9 interest as required by any tax Act administered by the

10 Illinois Department of Revenue, until such time as the

11 requirements of any such tax Act are satisfied in accordance

12 with subsection (g) of Section 2105-15 of the Department of

13 Professional Regulation Law of the Civil Administrative Code of

14 Illinois.

15 (b-10) In cases where the Department of Healthcare and

16 Family Services has previously determined a licensee or a

17 potential licensee is more than 30 days delinquent in the

18 payment of child support and has subsequently certified the

19 delinquency to the Department, the Department may refuse to

20 issue or renew or may revoke or suspend that person's license

21 or may take other disciplinary action against that person based

22 solely upon the certification of delinquency made by the

23 Department of Healthcare and Family Services in accordance with

24 item (5) of subsection (a) of Section 2105-15 of the Department

25 of Professional Regulation Law of the Civil Administrative Code

26 of Illinois.

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1 (c) The determination by a court that a licensee is subject

2 to involuntary admission or judicial admission as provided in

3 the Mental Health and Developmental Disabilities Code will

4 result in an automatic suspension of his or her license. The

5 suspension will end upon a finding by a court that the licensee

6 is no longer subject to involuntary admission or judicial

7 admission, the issuance of an order so finding and discharging

8 the patient, and the recommendation of the Board to the

9 Secretary that the licensee be allowed to resume professional

10 practice.

11 (c-5) In enforcing this Act, the Department, upon a showing

12 of a possible violation, may compel an individual licensed to

13 practice under this Act, or who has applied for licensure under

14 this Act, to submit to a mental or physical examination, or

15 both, as required by and at the expense of the Department. The

16 Department may order the examining physician to present

17 testimony concerning the mental or physical examination of the

18 licensee or applicant. No information shall be excluded by

19 reason of any common law or statutory privilege relating to

20 communications between the licensee or applicant and the

21 examining physician. The examining physicians shall be

22 specifically designated by the Department. The individual to be

23 examined may have, at his or her own expense, another physician

24 of his or her choice present during all aspects of this

25 examination. The examination shall be performed by a physician

26 licensed to practice medicine in all its branches. Failure of

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1 an individual to submit to a mental or physical examination,

2 when directed, shall result in an automatic suspension without

3 hearing.

4 A person holding a license under this Act or who has

5 applied for a license under this Act who, because of a physical

6 or mental illness or disability, including, but not limited to,

7 deterioration through the aging process or loss of motor skill,

8 is unable to practice the profession with reasonable judgment,

9 skill, or safety, may be required by the Department to submit

10 to care, counseling, or treatment by physicians approved or

11 designated by the Department as a condition, term, or

12 restriction for continued, reinstated, or renewed licensure to

13 practice. Submission to care, counseling, or treatment as

14 required by the Department shall not be considered discipline

15 of a license. If the licensee refuses to enter into a care,

16 counseling, or treatment agreement or fails to abide by the

17 terms of the agreement, the Department may file a complaint to

18 revoke, suspend, or otherwise discipline the license of the

19 individual. The Secretary may order the license suspended

20 immediately, pending a hearing by the Department. Fines shall

21 not be assessed in disciplinary actions involving physical or

22 mental illness or impairment.

23 In instances in which the Secretary immediately suspends a

24 person's license under this Section, a hearing on that person's

25 license must be convened by the Department within 15 days after

26 the suspension and completed without appreciable delay. The

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1 Department shall have the authority to review the subject

2 individual's record of treatment and counseling regarding the

3 impairment to the extent permitted by applicable federal

4 statutes and regulations safeguarding the confidentiality of

5 medical records.

6 An individual licensed under this Act and affected under

7 this Section shall be afforded an opportunity to demonstrate to

8 the Department that he or she can resume practice in compliance

9 with acceptable and prevailing standards under the provisions

10 of his or her license.

11 (d) (Blank).

12 (Source: P.A. 100-201, eff. 8-18-17.)

13 Section 70. The Sex Offender Evaluation and Treatment

14 Provider Act is amended by changing Section 75 as follows:

15 (225 ILCS 109/75)

16 Sec. 75. Refusal, revocation, or suspension.

17 (a) The Department may refuse to issue or renew, or may

18 revoke, suspend, place on probation, reprimand, or take other

19 disciplinary or nondisciplinary action, as the Department

20 considers appropriate, including the imposition of fines not to

21 exceed $10,000 for each violation, with regard to any license

22 or licensee for any one or more of the following:

23 (1) violations of this Act or of the rules adopted

24 under this Act;

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1 (2) discipline by the Department under other state law

2 and rules which the licensee is subject to;

3 (3) conviction by plea of guilty or nolo contendere,

4 finding of guilt, jury verdict, or entry of judgment or by

5 sentencing for any crime, including, but not limited to,

6 convictions, preceding sentences of supervision,

7 conditional discharge, or first offender probation, under

8 the laws of any jurisdiction of the United States: (i) that

9 is a felony; or (ii) that is a misdemeanor, an essential

10 element of which is dishonesty, or that is directly related

11 to the practice of the profession;

12 (4) professional incompetence;

13 (5) advertising in a false, deceptive, or misleading

14 manner;

15 (6) aiding, abetting, assisting, procuring, advising,

16 employing, or contracting with any unlicensed person to

17 provide sex offender evaluation or treatment services

18 contrary to any rules or provisions of this Act;

19 (7) engaging in immoral conduct in the commission of

20 any act, such as sexual abuse, sexual misconduct, or sexual

21 exploitation, related to the licensee's practice;

22 (8) engaging in dishonorable, unethical, or

23 unprofessional conduct of a character likely to deceive,

24 defraud, or harm the public;

25 (9) practicing or offering to practice beyond the scope

26 permitted by law or accepting and performing professional

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1 responsibilities which the licensee knows or has reason to

2 know that he or she is not competent to perform;

3 (10) knowingly delegating professional

4 responsibilities to a person unqualified by training,

5 experience, or licensure to perform;

6 (11) failing to provide information in response to a

7 written request made by the Department within 60 days;

8 (12) having a habitual or excessive use of or addiction

9 to alcohol, narcotics, stimulants, or any other chemical

10 agent or drug which results in the inability to practice

11 with reasonable judgment, skill, or safety;

12 (13) having a pattern of practice or other behavior

13 that demonstrates incapacity or incompetence to practice

14 under this Act;

15 (14) discipline by another state, District of

16 Columbia, territory, or foreign nation, if at least one of

17 the grounds for the discipline is the same or substantially

18 equivalent to those set forth in this Section;

19 (15) a finding by the Department that the licensee,

20 after having his or her license placed on probationary

21 status, has violated the terms of probation;

22 (16) willfully making or filing false records or

23 reports in his or her practice, including, but not limited

24 to, false records filed with State agencies or departments;

25 (17) making a material misstatement in furnishing

26 information to the Department or otherwise making

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1 misleading, deceptive, untrue, or fraudulent

2 representations in violation of this Act or otherwise in

3 the practice of the profession;

4 (18) fraud or misrepresentation in applying for or

5 procuring a license under this Act or in connection with

6 applying for renewal of a license under this Act;

7 (19) inability to practice the profession with

8 reasonable judgment, skill, or safety as a result of

9 physical illness, including, but not limited to,

10 deterioration through the aging process, loss of motor

11 skill, or a mental illness or disability;

12 (20) charging for professional services not rendered,

13 including filing false statements for the collection of

14 fees for which services are not rendered; or

15 (21) practicing under a false or, except as provided by

16 law, an assumed name.

17 All fines shall be paid within 60 days of the effective

18 date of the order imposing the fine.

19 (b) The Department may refuse to issue or may suspend the

20 license of any person who fails to file a tax return, to pay

21 the tax, penalty, or interest shown in a filed tax return, or

22 to pay any final assessment of tax, penalty, or interest, as

23 required by any tax Act administered by the Illinois Department

24 of Revenue, until such time as the requirements of the tax Act

25 are satisfied in accordance with subsection (g) of Section

26 2105-15 of the Civil Administrative Code of Illinois.

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1 (c) (Blank). ~~The Department shall deny a license or renewal~~

2 ~~authorized by this Act to a person who has defaulted on an~~

3 ~~educational loan or scholarship provided or guaranteed by the~~

4 ~~Illinois Student Assistance Commission or any governmental~~

5 ~~agency of this State in accordance with item (5) of subsection~~

6 ~~(a) of Section 2105-15 of the Civil Administrative Code of~~

7 ~~Illinois.~~

8 (d) In cases where the Department of Healthcare and Family

9 Services has previously determined that a licensee or a

10 potential licensee is more than 30 days delinquent in the

11 payment of child support and has subsequently certified the

12 delinquency to the Department, the Department may refuse to

13 issue or renew or may revoke or suspend that person's license

14 or may take other disciplinary action against that person based

15 solely upon the certification of delinquency made by the

16 Department of Healthcare and Family Services in accordance with

17 item (5) of subsection (a) of Section 2105-15 of the Civil

18 Administrative Code of Illinois.

19 (e) The determination by a circuit court that a licensee is

20 subject to involuntary admission or judicial admission, as

21 provided in the Mental Health and Developmental Disabilities

22 Code, operates as an automatic suspension. The suspension will

23 end only upon a finding by a court that the patient is no

24 longer subject to involuntary admission or judicial admission

25 and the issuance of a court order so finding and discharging

26 the patient.

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1 (f) In enforcing this Act, the Department or Board, upon a

2 showing of a possible violation, may compel an individual

3 licensed to practice under this Act, or who has applied for

4 licensure under this Act, to submit to a mental or physical

5 examination, or both, as required by and at the expense of the

6 Department. The Department or Board may order the examining

7 physician to present testimony concerning the mental or

8 physical examination of the licensee or applicant. No

9 information shall be excluded by reason of any common law or

10 statutory privilege relating to communications between the

11 licensee or applicant and the examining physician. The

12 examining physician shall be specifically designated by the

13 Board or Department. The individual to be examined may have, at

14 his or her own expense, another physician of his or her choice

15 present during all aspects of this examination. The examination

16 shall be performed by a physician licensed to practice medicine

17 in all its branches. Failure of an individual to submit to a

18 mental or physical examination, when directed, shall result in

19 an automatic suspension without hearing.

20 A person holding a license under this Act or who has

21 applied for a license under this Act who, because of a physical

22 or mental illness or disability, including, but not limited to,

23 deterioration through the aging process or loss of motor skill,

24 is unable to practice the profession with reasonable judgment,

25 skill, or safety, may be required by the Department to submit

26 to care, counseling, or treatment by physicians approved or

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1 designated by the Department as a condition, term, or

2 restriction for continued, reinstated, or renewed licensure to

3 practice. Submission to care, counseling, or treatment as

4 required by the Department shall not be considered discipline

5 of a license. If the licensee refuses to enter into a care,

6 counseling, or treatment agreement or fails to abide by the

7 terms of the agreement, the Department may file a complaint to

8 revoke, suspend, or otherwise discipline the license of the

9 individual. The Secretary may order the license suspended

10 immediately, pending a hearing by the Department. Fines shall

11 not be assessed in disciplinary actions involving physical or

12 mental illness or impairment.

13 In instances in which the Secretary immediately suspends a

14 person's license under this Section, a hearing on that person's

15 license must be convened by the Department within 15 days after

16 the suspension and completed without appreciable delay. The

17 Department and Board shall have the authority to review the

18 subject individual's record of treatment and counseling

19 regarding the impairment to the extent permitted by applicable

20 federal statutes and regulations safeguarding the

21 confidentiality of medical records.

22 An individual licensed under this Act and subject to action

23 under this Section shall be afforded an opportunity to

24 demonstrate to the Department or Board that he or she can

25 resume practice in compliance with acceptable and prevailing

26 standards under the provisions of his or her license.

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1 (Source: P.A. 97-1098, eff. 7-1-13; 98-756, eff. 7-16-14.)

2 Section 75. The Illinois Speech-Language Pathology and

3 Audiology Practice Act is amended by changing Section 16 as

4 follows:

5 (225 ILCS 110/16) (from Ch. 111, par. 7916)

6 (Section scheduled to be repealed on January 1, 2028)

7 Sec. 16. Refusal, revocation or suspension of licenses.

8 (1) The Department may refuse to issue or renew, or may

9 revoke, suspend, place on probation, censure, reprimand or take

10 other disciplinary or non-disciplinary action as the

11 Department may deem proper, including fines not to exceed

12 $10,000 for each violation, with regard to any license for any

13 one or combination of the following causes:

14 (a) Fraud in procuring the license.

15 (b) (Blank).

16 (c) Willful or repeated violations of the rules of the

17 Department of Public Health.

18 (d) Division of fees or agreeing to split or divide the

19 fees received for speech-language pathology or audiology

20 services with any person for referring an individual, or

21 assisting in the care or treatment of an individual,

22 without the knowledge of the individual or his or her legal

23 representative. Nothing in this paragraph (d) affects any

24 bona fide independent contractor or employment

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1 arrangements among health care professionals, health

2 facilities, health care providers, or other entities,

3 except as otherwise prohibited by law. Any employment

4 arrangements may include provisions for compensation,

5 health insurance, pension, or other employment benefits

6 for the provision of services within the scope of the

7 licensee's practice under this Act. Nothing in this

8 paragraph (d) shall be construed to require an employment

9 arrangement to receive professional fees for services

10 rendered.

11 (e) Employing, procuring, inducing, aiding or abetting

12 a person not licensed as a speech-language pathologist or

13 audiologist to engage in the unauthorized practice of

14 speech-language pathology or audiology.

15 (e-5) Employing, procuring, inducing, aiding, or

16 abetting a person not licensed as a speech-language

17 pathology assistant to perform the functions and duties of

18 a speech-language pathology assistant.

19 (f) Making any misrepresentations or false promises,

20 directly or indirectly, to influence, persuade or induce

21 patronage.

22 (g) Professional connection or association with, or

23 lending his or her name to another for the illegal practice

24 of speech-language pathology or audiology by another, or

25 professional connection or association with any person,

26 firm or corporation holding itself out in any manner

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1 contrary to this Act.

2 (h) Obtaining or seeking to obtain checks, money, or

3 any other things of value by false or fraudulent

4 representations, including but not limited to, engaging in

5 such fraudulent practice to defraud the medical assistance

6 program of the Department of Healthcare and Family Services

7 (formerly Department of Public Aid).

8 (i) Practicing under a name other than his or her own.

9 (j) Improper, unprofessional or dishonorable conduct

10 of a character likely to deceive, defraud or harm the

11 public.

12 (k) Conviction by plea of guilty or nolo contendere,

13 finding of guilt, jury verdict, or entry of judgment or

14 sentencing, including, but not limited to, convictions,

15 preceding sentences of supervision, conditional discharge,

16 or first offender probation, under the laws of any

17 jurisdiction of the United States that is (i) a felony or

18 (ii) a misdemeanor, an essential element of which is

19 dishonesty, or that is directly related to the practice of

20 the profession.

21 (1) Permitting a person under his or her supervision to

22 perform any function not authorized by this Act.

23 (m) A violation of any provision of this Act or rules

24 promulgated thereunder.

25 (n) Discipline by another state, the District of

26 Columbia, territory, or foreign nation of a license to

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1 practice speech-language pathology or audiology or a

2 license to practice as a speech-language pathology

3 assistant in its jurisdiction if at least one of the

4 grounds for that discipline is the same as or the

5 equivalent of one of the grounds for discipline set forth

6 herein.

7 (o) Willfully failing to report an instance of

8 suspected child abuse or neglect as required by the Abused

9 and Neglected Child Reporting Act.

10 (p) Gross or repeated malpractice.

11 (q) Willfully making or filing false records or reports

12 in his or her practice as a speech-language pathologist,

13 speech-language pathology assistant, or audiologist,

14 including, but not limited to, false records to support

15 claims against the public assistance program of the

16 Department of Healthcare and Family Services (formerly

17 Illinois Department of Public Aid).

18 (r) Professional incompetence as manifested by poor

19 standards of care or mental incompetence as declared by a

20 court of competent jurisdiction.

21 (s) Repeated irregularities in billing a third party

22 for services rendered to an individual. For purposes of

23 this Section, "irregularities in billing" shall include:

24 (i) reporting excessive charges for the purpose of

25 obtaining a total payment in excess of that usually

26 received by the speech-language pathologist,

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1 speech-language pathology assistant, or audiologist

2 for the services rendered;

3 (ii) reporting charges for services not rendered;

4 or

5 (iii) incorrectly reporting services rendered for

6 the purpose of obtaining payment not earned.

7 (t) (Blank).

8 (u) Violation of the Health Care Worker Self-Referral

9 Act.

10 (v) Inability to practice with reasonable judgment,

11 skill, or safety as a result of habitual or excessive use

12 of or addiction to alcohol, narcotics, or stimulants or any

13 other chemical agent or drug or as a result of physical

14 illness, including, but not limited to, deterioration

15 through the aging process or loss of motor skill, mental

16 illness, or disability.

17 (w) Violation of the Hearing Instrument Consumer

18 Protection Act.

19 (x) Failure by a speech-language pathology assistant

20 and supervising speech-language pathologist to comply with

21 the supervision requirements set forth in Section 8.8.

22 (y) Willfully exceeding the scope of duties

23 customarily undertaken by speech-language pathology

24 assistants set forth in Section 8.7 that results in, or may

25 result in, harm to the public.

26 (z) Willfully failing to report an instance of

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1 suspected abuse, neglect, financial exploitation, or

2 self-neglect of an eligible adult as defined in and

3 required by the Adult Protective Services Act.

4 (aa) Being named as a perpetrator in an indicated

5 report by the Department on Aging under the Adult

6 Protective Services Act, and upon proof by clear and

7 convincing evidence that the licensee has caused an

8 eligible adult to be abused, neglected, or financially

9 exploited as defined in the Adult Protective Services Act.

10 (bb) Violating Section 8.2 of this Act.

11 (cc) Violating Section 8.3 of this Act.

12 (2) (Blank). ~~The Department shall deny a license or renewal~~

13 ~~authorized by this Act to any person who has defaulted on an~~

14 ~~educational loan guaranteed by the Illinois State Scholarship~~

15 ~~Commission; however, the Department may issue a license or~~

16 ~~renewal if the aforementioned persons have established a~~

17 ~~satisfactory repayment record as determined by the Illinois~~

18 ~~State Scholarship Commission.~~

19 (3) The entry of an order by a circuit court establishing

20 that any person holding a license under this Act is subject to

21 involuntary admission or judicial admission as provided for in

22 the Mental Health and Developmental Disabilities Code,

23 operates as an automatic suspension of that license. That

24 person may have his or her license restored only upon the

25 determination by a circuit court that the patient is no longer

26 subject to involuntary admission or judicial admission and the

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1 issuance of an order so finding and discharging the patient,

2 and upon the Board's recommendation to the Department that the

3 license be restored. Where the circumstances so indicate, the

4 Board may recommend to the Department that it require an

5 examination prior to restoring any license automatically

6 suspended under this subsection.

7 (4) The Department may refuse to issue or may suspend the

8 license of any person who fails to file a return, or to pay the

9 tax, penalty, or interest shown in a filed return, or to pay

10 any final assessment of the tax penalty or interest, as

11 required by any tax Act administered by the Department of

12 Revenue, until such time as the requirements of any such tax

13 Act are satisfied.

14 (5) In enforcing this Section, the Board upon a showing of

15 a possible violation may compel an individual licensed to

16 practice under this Act, or who has applied for licensure

17 pursuant to this Act, to submit to a mental or physical

18 examination, or both, as required by and at the expense of the

19 Department. The examining physicians or clinical psychologists

20 shall be those specifically designated by the Board. The

21 individual to be examined may have, at his or her own expense,

22 another physician or clinical psychologist of his or her choice

23 present during all aspects of this examination. Failure of any

24 individual to submit to a mental or physical examination, when

25 directed, shall be grounds for suspension of his or her license

26 until the individual submits to the examination if the Board

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1 finds, after notice and hearing, that the refusal to submit to

2 the examination was without reasonable cause.

3 If the Board finds an individual unable to practice because

4 of the reasons set forth in this Section, the Board may require

5 that individual to submit to care, counseling, or treatment by

6 physicians or clinical psychologists approved or designated by

7 the Board, as a condition, term, or restriction for continued,

8 restored, or renewed licensure to practice; or, in lieu of

9 care, counseling, or treatment, the Board may recommend to the

10 Department to file a complaint to immediately suspend, revoke,

11 or otherwise discipline the license of the individual. Any

12 individual whose license was granted, continued, restored,

13 renewed, disciplined or supervised subject to such terms,

14 conditions, or restrictions, and who fails to comply with such

15 terms, conditions, or restrictions, shall be referred to the

16 Secretary for a determination as to whether the individual

17 shall have his or her license suspended immediately, pending a

18 hearing by the Board.

19 In instances in which the Secretary immediately suspends a

20 person's license under this Section, a hearing on that person's

21 license must be convened by the Board within 15 days after the

22 suspension and completed without appreciable delay. The Board

23 shall have the authority to review the subject individual's

24 record of treatment and counseling regarding the impairment to

25 the extent permitted by applicable federal statutes and

26 regulations safeguarding the confidentiality of medical

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1 records.

2 An individual licensed under this Act and affected under

3 this Section shall be afforded an opportunity to demonstrate to

4 the Board that he or she can resume practice in compliance with

5 acceptable and prevailing standards under the provisions of his

6 or her license.

7 (Source: P.A. 100-530, eff. 1-1-18.)

8 Section 80. The Veterinary Medicine and Surgery Practice

9 Act of 2004 is amended by changing Section 25 as follows:

10 (225 ILCS 115/25) (from Ch. 111, par. 7025)

11 (Section scheduled to be repealed on January 1, 2024)

12 Sec. 25. Disciplinary actions.

13 1. The Department may refuse to issue or renew, or may

14 revoke, suspend, place on probation, reprimand, or take other

15 disciplinary or non-disciplinary action as the Department may

16 deem appropriate, including imposing fines not to exceed

17 $10,000 for each violation and the assessment of costs as

18 provided for in Section 25.3 of this Act, with regard to any

19 license or certificate for any one or combination of the

20 following:

21 A. Material misstatement in furnishing information to

22 the Department.

23 B. Violations of this Act, or of the rules adopted

24 pursuant to this Act.

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1 C. Conviction by plea of guilty or nolo contendere,

2 finding of guilt, jury verdict, or entry of judgment or by

3 sentencing of any crime, including, but not limited to,

4 convictions, preceding sentences of supervision,

5 conditional discharge, or first offender probation, under

6 the laws of any jurisdiction of the United States that is

7 (i) a felony or (ii) a misdemeanor, an essential element of

8 which is dishonesty, or that is directly related to the

9 practice of the profession.

10 D. Fraud or any misrepresentation in applying for or

11 procuring a license under this Act or in connection with

12 applying for renewal of a license under this Act.

13 E. Professional incompetence.

14 F. Malpractice.

15 G. Aiding or assisting another person in violating any

16 provision of this Act or rules.

17 H. Failing, within 60 days, to provide information in

18 response to a written request made by the Department.

19 I. Engaging in dishonorable, unethical, or

20 unprofessional conduct of a character likely to deceive,

21 defraud, or harm the public.

22 J. Habitual or excessive use or abuse of drugs defined

23 in law as controlled substances, alcohol, or any other

24 substance that results in the inability to practice with

25 reasonable judgment, skill, or safety.

26 K. Discipline by another state, unit of government,

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1 government agency, District of Columbia, territory, or

2 foreign nation, if at least one of the grounds for the

3 discipline is the same or substantially equivalent to those

4 set forth herein.

5 L. Charging for professional services not rendered,

6 including filing false statements for the collection of

7 fees for which services are not rendered.

8 M. A finding by the Board that the licensee or

9 certificate holder, after having his license or

10 certificate placed on probationary status, has violated

11 the terms of probation.

12 N. Willfully making or filing false records or reports

13 in his practice, including but not limited to false records

14 filed with State agencies or departments.

15 O. Physical illness, including but not limited to,

16 deterioration through the aging process, or loss of motor

17 skill which results in the inability to practice under this

18 Act with reasonable judgment, skill, or safety.

19 P. Solicitation of professional services other than

20 permitted advertising.

21 Q. Allowing one's license under this Act to be used by

22 an unlicensed person in violation of this Act.

23 R. Conviction of or cash compromise of a charge or

24 violation of the Harrison Act or the Illinois Controlled

25 Substances Act, regulating narcotics.

26 S. Fraud or dishonesty in applying, treating, or

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1 reporting on tuberculin or other biological tests.

2 T. Failing to report, as required by law, or making

3 false report of any contagious or infectious diseases.

4 U. Fraudulent use or misuse of any health certificate,

5 shipping certificate, brand inspection certificate, or

6 other blank forms used in practice that might lead to the

7 dissemination of disease or the transportation of diseased

8 animals dead or alive; or dilatory methods, willful

9 neglect, or misrepresentation in the inspection of milk,

10 meat, poultry, and the by-products thereof.

11 V. Conviction on a charge of cruelty to animals.

12 W. Failure to keep one's premises and all equipment

13 therein in a clean and sanitary condition.

14 X. Failure to provide satisfactory proof of having

15 participated in approved continuing education programs.

16 Y. Mental illness or disability that results in the

17 inability to practice under this Act with reasonable

18 judgment, skill, or safety.

19 Z. Conviction by any court of competent jurisdiction,

20 either within or outside this State, of any violation of

21 any law governing the practice of veterinary medicine, if

22 the Department determines, after investigation, that the

23 person has not been sufficiently rehabilitated to warrant

24 the public trust.

25 AA. Promotion of the sale of drugs, devices,

26 appliances, or goods provided for a patient in any manner

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1 to exploit the client for financial gain of the

2 veterinarian.

3 BB. Gross, willful, or continued overcharging for

4 professional services.

5 CC. Practicing under a false or, except as provided by

6 law, an assumed name.

7 DD. Violating state or federal laws or regulations

8 relating to controlled substances or legend drugs.

9 EE. Cheating on or attempting to subvert the licensing

10 examination administered under this Act.

11 FF. Using, prescribing, or selling a prescription drug

12 or the extra-label use of a prescription drug by any means

13 in the absence of a valid veterinarian-client-patient

14 relationship.

15 GG. Failing to report a case of suspected aggravated

16 cruelty, torture, or animal fighting pursuant to Section

17 3.07 or 4.01 of the Humane Care for Animals Act or Section

18 26-5 or 48-1 of the Criminal Code of 1961 or the Criminal

19 Code of 2012.

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 2. The determination by a circuit court that a licensee or

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. The 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 and issues an order so finding

5 and discharging the patient. In any case where a license is

6 suspended under this provision, the licensee shall file a

7 petition for restoration and shall include evidence acceptable

8 to the Department that the licensee can resume practice in

9 compliance with acceptable and prevailing standards of his or

10 her profession.

11 3. All proceedings to suspend, revoke, place on

12 probationary status, or take any other disciplinary action as

13 the Department may deem proper, with regard to a license or

14 certificate on any of the foregoing grounds, must be commenced

15 within 5 years after receipt by the Department of a complaint

16 alleging the commission of or notice of the conviction order

17 for any of the acts described in this Section. Except for

18 proceedings brought for violations of items (CC), (DD), or

19 (EE), no action shall be commenced more than 5 years after the

20 date of the incident or act alleged to have violated this

21 Section. In the event of the settlement of any claim or cause

22 of action in favor of the claimant or the reduction to final

23 judgment of any civil action in favor of the plaintiff, the

24 claim, cause of action, or civil action being grounded on the

25 allegation that a person licensed or certified under this Act

26 was negligent in providing care, the Department shall have an

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1 additional period of one year from the date of the settlement

2 or final judgment in which to investigate and begin formal

3 disciplinary proceedings under Section 25.2 of this Act, except

4 as otherwise provided by law. The time during which the holder

5 of the license or certificate was outside the State of Illinois

6 shall not be included within any period of time limiting the

7 commencement of disciplinary action by the Department.

8 4. The Department may refuse to issue or may suspend

9 without hearing, as provided for in the Illinois Code of Civil

10 Procedure, the license of any person who fails to file a

11 return, to pay the tax, penalty, or interest shown in a filed

12 return, or to pay any final assessment of tax, penalty, or

13 interest as required by any tax Act administered by the

14 Illinois Department of Revenue, until such time as the

15 requirements of any such tax Act are satisfied in accordance

16 with subsection (g) of Section 2105-15 of the Civil

17 Administrative Code of Illinois.

18 5. In enforcing this Section, the Department, upon a

19 showing of a possible violation, may compel any individual who

20 is registered under this Act or any individual who has applied

21 for registration to submit to a mental or physical examination

22 or evaluation, or both, which may include a substance abuse or

23 sexual offender evaluation, at the expense of the Department.

24 The Department shall specifically designate the examining

25 physician licensed to practice medicine in all of its branches

26 or, if applicable, the multidisciplinary team involved in

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1 providing the mental or physical examination and evaluation.

2 The multidisciplinary team shall be led by a physician licensed

3 to practice medicine in all of its branches and may consist of

4 one or more or a combination of physicians licensed to practice

5 medicine in all of its branches, licensed chiropractic

6 physicians, licensed clinical psychologists, licensed clinical

7 social workers, licensed clinical professional counselors, and

8 other professional and administrative staff. Any examining

9 physician or member of the multidisciplinary team may require

10 any person ordered to submit to an examination and evaluation

11 pursuant to this Section to submit to any additional

12 supplemental testing deemed necessary to complete any

13 examination or evaluation process, including, but not limited

14 to, blood testing, urinalysis, psychological testing, or

15 neuropsychological testing.

16 The Department may order the examining physician or any

17 member of the multidisciplinary team to provide to the

18 Department any and all records, including business records,

19 that relate to the examination and evaluation, including any

20 supplemental testing performed. The Department may order the

21 examining physician or any member of the multidisciplinary team

22 to present testimony concerning this examination and

23 evaluation of the registrant or applicant, including testimony

24 concerning any supplemental testing or documents relating to

25 the examination and evaluation. No information, report,

26 record, or other documents in any way related to the

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1 examination and evaluation shall be excluded by reason of any

2 common law or statutory privilege relating to communication

3 between the licensee or applicant and the examining physician

4 or any member of the multidisciplinary team. No authorization

5 is necessary from the registrant or applicant ordered to

6 undergo an evaluation and examination for the examining

7 physician or any member of the multidisciplinary team to

8 provide information, reports, records, or other documents or to

9 provide any testimony regarding the examination and

10 evaluation. The individual to be examined may have, at his or

11 her own expense, another physician of his or her choice present

12 during all aspects of the examination.

13 Failure of any individual to submit to mental or physical

14 examination or evaluation, or both, when directed, shall result

15 in an automatic suspension without hearing, until such time as

16 the individual submits to the examination. If the Department

17 finds a registrant unable to practice because of the reasons

18 set forth in this Section, the Department shall require such

19 registrant to submit to care, counseling, or treatment by

20 physicians approved or designated by the Department as a

21 condition for continued, reinstated, or renewed registration.

22 In instances in which the Secretary immediately suspends a

23 registration under this Section, a hearing upon such person's

24 registration must be convened by the Department within 15 days

25 after such suspension and completed without appreciable delay.

26 The Department shall have the authority to review the

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1 registrant's record of treatment and counseling regarding the

2 impairment to the extent permitted by applicable federal

3 statutes and regulations safeguarding the confidentiality of

4 medical records.

5 Individuals registered under this Act who are affected

6 under this Section, shall be afforded an opportunity to

7 demonstrate to the Department that they can resume practice in

8 compliance with acceptable and prevailing standards under the

9 provisions of their registration.

10 6. (Blank). ~~The Department shall deny a license or renewal~~

11 ~~authorized by this Act to a person who has defaulted on an~~

12 ~~educational loan or scholarship provided or guaranteed by the~~

13 ~~Illinois Student Assistance Commission or any governmental~~

14 ~~agency of this State in accordance with paragraph (5) of~~

15 ~~subsection (a) of Section 2105-15 of the Civil Administrative~~

16 ~~Code of Illinois.~~

17 7. In cases where the Department of Healthcare and Family

18 Services has previously determined a licensee or a potential

19 licensee is more than 30 days delinquent in the payment of

20 child support and has subsequently certified the delinquency to

21 the Department, the Department may refuse to issue or renew or

22 may revoke or suspend that person's license or may take other

23 disciplinary action against that person based solely upon the

24 certification of delinquency made by the Department of

25 Healthcare and Family Services in accordance with paragraph (5)

26 of subsection (a) of Section 2105-15 of the Civil

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1 Administrative Code of Illinois.

2 (Source: P.A. 98-339, eff. 12-31-13; 99-78, eff. 7-20-15.)

3 Section 85. The Registered Surgical Assistant and

4 Registered Surgical Technologist Title Protection Act is

5 amended by changing Section 75 as follows:

6 (225 ILCS 130/75)

7 (Section scheduled to be repealed on January 1, 2024)

8 Sec. 75. Grounds for disciplinary action.

9 (a) The Department may refuse to issue, renew, or restore a

10 registration, may revoke or suspend a registration, or may

11 place on probation, reprimand, or take other disciplinary or

12 non-disciplinary action with regard to a person registered

13 under this Act, including but not limited to the imposition of

14 fines not to exceed $10,000 for each violation and the

15 assessment of costs as provided for in Section 90, for any one

16 or combination of the following causes:

17 (1) Making a material misstatement in furnishing

18 information to the Department.

19 (2) Violating a provision of this Act or rules adopted

20 under this Act.

21 (3) Conviction by plea of guilty or nolo contendere,

22 finding of guilt, jury verdict, or entry of judgment or by

23 sentencing of any crime, including, but not limited to,

24 convictions, preceding sentences of supervision,

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1 conditional discharge, or first offender probation, under

2 the laws of any jurisdiction of the United States that is

3 (i) a felony or (ii) a misdemeanor, an essential element of

4 which is dishonesty, or that is directly related to the

5 practice of the profession.

6 (4) Fraud or misrepresentation in applying for,

7 renewing, restoring, reinstating, or procuring a

8 registration under this Act.

9 (5) Aiding or assisting another person in violating a

10 provision of this Act or its rules.

11 (6) Failing to provide information within 60 days in

12 response to a written request made by the Department.

13 (7) Engaging in dishonorable, unethical, or

14 unprofessional conduct of a character likely to deceive,

15 defraud, or harm the public, as defined by rule of the

16 Department.

17 (8) Discipline by another United States jurisdiction,

18 governmental agency, unit of government, or foreign

19 nation, if at least one of the grounds for discipline is

20 the same or substantially equivalent to those set forth in

21 this Section.

22 (9) Directly or indirectly giving to or receiving from

23 a person, firm, corporation, partnership, or association a

24 fee, commission, rebate, or other form of compensation for

25 professional services not actually or personally rendered.

26 Nothing in this paragraph (9) affects any bona fide

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1 independent contractor or employment arrangements among

2 health care professionals, health facilities, health care

3 providers, or other entities, except as otherwise

4 prohibited by law. Any employment arrangements may include

5 provisions for compensation, health insurance, pension, or

6 other employment benefits for the provision of services

7 within the scope of the registrant's practice under this

8 Act. Nothing in this paragraph (9) shall be construed to

9 require an employment arrangement to receive professional

10 fees for services rendered.

11 (10) A finding by the Department that the registrant,

12 after having his or her registration placed on probationary

13 status, has violated the terms of probation.

14 (11) Willfully making or filing false records or

15 reports in his or her practice, including but not limited

16 to false records or reports filed with State agencies.

17 (12) Willfully making or signing a false statement,

18 certificate, or affidavit to induce payment.

19 (13) Willfully failing to report an instance of

20 suspected child abuse or neglect as required under the

21 Abused and Neglected Child Reporting Act.

22 (14) Being named as a perpetrator in an indicated

23 report by the Department of Children and Family Services

24 under the Abused and Neglected Child Reporting Act and upon

25 proof by clear and convincing evidence that the registrant

26 has caused a child to be an abused child or neglected child

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1 as defined in the Abused and Neglected Child Reporting Act.

2 (15) (Blank).

3 (16) Failure to report to the Department (A) any

4 adverse final action taken against the registrant by

5 another registering or licensing jurisdiction, government

6 agency, law enforcement agency, or any court or (B)

7 liability for conduct that would constitute grounds for

8 action as set forth in this Section.

9 (17) Habitual or excessive use or abuse of drugs

10 defined in law as controlled substances, alcohol, or any

11 other substance that results in the inability to practice

12 with reasonable judgment, skill, or safety.

13 (18) Physical or mental illness, including but not

14 limited to deterioration through the aging process or loss

15 of motor skills, which results in the inability to practice

16 the profession for which he or she is registered with

17 reasonable judgment, skill, or safety.

18 (19) Gross malpractice.

19 (20) Immoral conduct in the commission of an act

20 related to the registrant's practice, including but not

21 limited to sexual abuse, sexual misconduct, or sexual

22 exploitation.

23 (21) Violation of the Health Care Worker Self-Referral

24 Act.

25 (b) The Department may refuse to issue or may suspend

26 without hearing the registration of a person who fails to file

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1 a return, to pay the tax, penalty, or interest shown in a filed

2 return, or to pay a final assessment of the tax, penalty, or

3 interest as required by a tax Act administered by the

4 Department of Revenue, until the requirements of the tax Act

5 are satisfied in accordance with subsection (g) of Section

6 2105-15 of the Department of Regulation Law of the Civil

7 Administrative Code of Illinois.

8 (c) The determination by a circuit court that a registrant

9 is subject to involuntary admission or judicial admission as

10 provided in the Mental Health and Developmental Disabilities

11 Code operates as an automatic suspension. The suspension will

12 end only upon (1) a finding by a court that the patient is no

13 longer subject to involuntary admission or judicial admission,

14 (2) issuance of an order so finding and discharging the

15 patient, and (3) filing of a petition for restoration

16 demonstrating fitness to practice.

17 (d) (Blank). ~~The Department shall deny a registration or~~

18 ~~renewal authorized by this Act to a person who has defaulted on~~

19 ~~an educational loan or scholarship provided or guaranteed by~~

20 ~~the Illinois Student Assistance Commission or any governmental~~

21 ~~agency of this State in accordance with paragraph (5) of~~

22 ~~subsection (a) of Section 2105-15 of the Department of~~

23 ~~Regulation Law of the Civil Administrative Code of Illinois.~~

24 (e) In cases where the Department of Healthcare and Family

25 Services has previously determined a registrant or a potential

26 registrant is more than 30 days delinquent in the payment of

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1 child support and has subsequently certified the delinquency to

2 the Department, the Department may refuse to issue or renew or

3 may revoke or suspend that person's registration or may take

4 other disciplinary action against that person based solely upon

5 the certification of delinquency made by the Department of

6 Healthcare and Family Services in accordance with paragraph (5)

7 of subsection (a) of Section 2105-15 of the Department of

8 Professional Regulation Law of the Civil Administrative Code of

9 Illinois.

10 (f) In enforcing this Section, the Department, upon a

11 showing of a possible violation, may compel any individual

12 registered under this Act or any individual who has applied for

13 registration to submit to a mental or physical examination and

14 evaluation, or both, that may include a substance abuse or

15 sexual offender evaluation, at the expense of the Department.

16 The Department shall specifically designate the examining

17 physician licensed to practice medicine in all of its branches

18 or, if applicable, the multidisciplinary team involved in

19 providing the mental or physical examination and evaluation, or

20 both. The multidisciplinary team shall be led by a physician

21 licensed to practice medicine in all of its branches and may

22 consist of one or more or a combination of physicians licensed

23 to practice medicine in all of its branches, licensed

24 chiropractic physicians, licensed clinical psychologists,

25 licensed clinical social workers, licensed clinical

26 professional counselors, and other professional and

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1 administrative staff. Any examining physician or member of the

2 multidisciplinary team may require any person ordered to submit

3 to an examination and evaluation pursuant to this Section to

4 submit to any additional supplemental testing deemed necessary

5 to complete any examination or evaluation process, including,

6 but not limited to, blood testing, urinalysis, psychological

7 testing, or neuropsychological testing.

8 The Department may order the examining physician or any

9 member of the multidisciplinary team to provide to the

10 Department any and all records, including business records,

11 that relate to the examination and evaluation, including any

12 supplemental testing performed. The Department may order the

13 examining physician or any member of the multidisciplinary team

14 to present testimony concerning this examination and

15 evaluation of the registrant or applicant, including testimony

16 concerning any supplemental testing or documents relating to

17 the examination and evaluation. No information, report,

18 record, or other documents in any way related to the

19 examination and evaluation shall be excluded by reason of any

20 common law or statutory privilege relating to communication

21 between the registrant or applicant and the examining physician

22 or any member of the multidisciplinary team. No authorization

23 is necessary from the registrant or applicant ordered to

24 undergo an evaluation and examination for the examining

25 physician or any member of the multidisciplinary team to

26 provide information, reports, records, or other documents or to

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1 provide any testimony regarding the examination and

2 evaluation. The individual to be examined may have, at his or

3 her own expense, another physician of his or her choice present

4 during all aspects of the examination.

5 Failure of any individual to submit to mental or physical

6 examination and evaluation, or both, when directed, shall

7 result in an automatic suspension without a hearing until such

8 time as the individual submits to the examination. If the

9 Department finds a registrant unable to practice because of the

10 reasons set forth in this Section, the Department shall require

11 such registrant to submit to care, counseling, or treatment by

12 physicians approved or designated by the Department as a

13 condition for continued, reinstated, or renewed registration.

14 When the Secretary immediately suspends a registration

15 under this Section, a hearing upon such person's registration

16 must be convened by the Department within 15 days after such

17 suspension and completed without appreciable delay. The

18 Department shall have the authority to review the registrant's

19 record of treatment and counseling regarding the impairment to

20 the extent permitted by applicable federal statutes and

21 regulations safeguarding the confidentiality of medical

22 records.

23 Individuals registered under this Act and affected under

24 this Section shall be afforded an opportunity to demonstrate to

25 the Department that they can resume practice in compliance with

26 acceptable and prevailing standards under the provisions of

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1 their registration.

2 (g) All fines imposed under this Section shall be paid

3 within 60 days after the effective date of the order imposing

4 the fine or in accordance with the terms set forth in the order

5 imposing the fine.

6 (Source: P.A. 98-364, eff. 12-31-13.)

7 Section 90. The Genetic Counselor Licensing Act is amended

8 by changing Section 95 as follows:

9 (225 ILCS 135/95)

10 (Section scheduled to be repealed on January 1, 2025)

11 Sec. 95. Grounds for discipline.

12 (a) The Department may refuse to issue, renew, or may

13 revoke, suspend, place on probation, reprimand, or take other

14 disciplinary or non-disciplinary action as the Department

15 deems appropriate, including the issuance of fines not to

16 exceed $10,000 for each violation, with regard to any license

17 for any one or more of the following:

18 (1) Material misstatement in furnishing information to

19 the Department or to any other State agency.

20 (2) Violations or negligent or intentional disregard

21 of this Act, or any of its rules.

22 (3) Conviction by plea of guilty or nolo contendere,

23 finding of guilt, jury verdict, or entry of judgment or

24 sentencing, including, but not limited to, convictions,

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1 preceding sentences of supervision, conditional discharge,

2 or first offender probation, under the laws of any

3 jurisdiction of the United States: (i) that is a felony or

4 (ii) that is a misdemeanor, an essential element of which

5 is dishonesty, or that is directly related to the practice

6 of genetic counseling.

7 (4) Making any misrepresentation for the purpose of

8 obtaining a license, or violating any provision of this Act

9 or its rules.

10 (5) Negligence in the rendering of genetic counseling

11 services.

12 (6) Failure to provide genetic testing results and any

13 requested information to a referring physician licensed to

14 practice medicine in all its branches, advanced practice

15 registered nurse, or physician assistant.

16 (7) Aiding or assisting another person in violating any

17 provision of this Act or any rules.

18 (8) Failing to provide information within 60 days in

19 response to a written request made by the Department.

20 (9) Engaging in dishonorable, unethical, or

21 unprofessional conduct of a character likely to deceive,

22 defraud, or harm the public and violating the rules of

23 professional conduct adopted by the Department.

24 (10) Failing to maintain the confidentiality of any

25 information received from a client, unless otherwise

26 authorized or required by law.

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1 (10.5) Failure to maintain client records of services

2 provided and provide copies to clients upon request.

3 (11) Exploiting a client for personal advantage,

4 profit, or interest.

5 (12) Habitual or excessive use or addiction to alcohol,

6 narcotics, stimulants, or any other chemical agent or drug

7 which results in inability to practice with reasonable

8 skill, judgment, or safety.

9 (13) Discipline by another governmental agency or unit

10 of government, by any jurisdiction of the United States, or

11 by a foreign nation, if at least one of the grounds for the

12 discipline is the same or substantially equivalent to those

13 set forth in this Section.

14 (14) Directly or indirectly giving to or receiving from

15 any person, firm, corporation, partnership, or association

16 any fee, commission, rebate, or other form of compensation

17 for any professional service not actually rendered.

18 Nothing in this paragraph (14) affects any bona fide

19 independent contractor or employment arrangements among

20 health care professionals, health facilities, health care

21 providers, or other entities, except as otherwise

22 prohibited by law. Any employment arrangements may include

23 provisions for compensation, health insurance, pension, or

24 other employment benefits for the provision of services

25 within the scope of the licensee's practice under this Act.

26 Nothing in this paragraph (14) shall be construed to

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1 require an employment arrangement to receive professional

2 fees for services rendered.

3 (15) A finding by the Department that the licensee,

4 after having the license placed on probationary status has

5 violated the terms of probation.

6 (16) Failing to refer a client to other health care

7 professionals when the licensee is unable or unwilling to

8 adequately support or serve the client.

9 (17) Willfully filing false reports relating to a

10 licensee's practice, including but not limited to false

11 records filed with federal or State agencies or

12 departments.

13 (18) Willfully failing to report an instance of

14 suspected child abuse or neglect as required by the Abused

15 and Neglected Child Reporting Act.

16 (19) Being named as a perpetrator in an indicated

17 report by the Department of Children and Family Services

18 pursuant to the Abused and Neglected Child Reporting Act,

19 and upon proof by clear and convincing evidence that the

20 licensee has caused a child to be an abused child or

21 neglected child as defined in the Abused and Neglected

22 Child Reporting Act.

23 (20) Physical or mental disability, including

24 deterioration through the aging process or loss of

25 abilities and skills which results in the inability to

26 practice the profession with reasonable judgment, skill,

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1 or safety.

2 (21) Solicitation of professional services by using

3 false or misleading advertising.

4 (22) Failure to file a return, or to pay the tax,

5 penalty of interest shown in a filed return, or to pay any

6 final assessment of tax, penalty or interest, as required

7 by any tax Act administered by the Illinois Department of

8 Revenue or any successor agency or the Internal Revenue

9 Service or any successor agency.

10 (23) Fraud or making any misrepresentation in applying

11 for or procuring a license under this Act or in connection

12 with applying for renewal of a license under this Act.

13 (24) Practicing or attempting to practice under a name

14 other than the full name as shown on the license or any

15 other legally authorized name.

16 (25) Gross overcharging for professional services,

17 including filing statements for collection of fees or

18 monies for which services are not rendered.

19 (26) (Blank).

20 (27) Charging for professional services not rendered,

21 including filing false statements for the collection of

22 fees for which services are not rendered.

23 (28) Allowing one's license under this Act to be used

24 by an unlicensed person in violation of this Act.

25 (b) (Blank). ~~The Department shall deny, without hearing,~~

26 ~~any application or renewal for a license under this Act to any~~

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1 ~~person who has defaulted on an educational loan guaranteed by~~

2 ~~the Illinois Student Assistance Commission; however, the~~

3 ~~Department may issue a license or renewal if the person in~~

4 ~~default has established a satisfactory repayment record as~~

5 ~~determined by the Illinois Student Assistance Commission.~~

6 (c) The determination by a court that a licensee is subject

7 to involuntary admission or judicial admission as provided in

8 the Mental Health and Developmental Disabilities Code will

9 result in an automatic suspension of his or her license. The

10 suspension will end upon a finding by a court that the licensee

11 is no longer subject to involuntary admission or judicial

12 admission, the issuance of an order so finding and discharging

13 the patient, and the determination of the Secretary that the

14 licensee be allowed to resume professional practice.

15 (d) The Department may refuse to issue or renew or may

16 suspend without hearing the license of any person who fails to

17 file a return, to pay the tax penalty or interest shown in a

18 filed return, or to pay any final assessment of the tax,

19 penalty, or interest as required by any Act regarding the

20 payment of taxes administered by the Illinois Department of

21 Revenue until the requirements of the Act are satisfied in

22 accordance with subsection (g) of Section 2105-15 of the Civil

23 Administrative Code of Illinois.

24 (e) In cases where the Department of Healthcare and Family

25 Services has previously determined that a licensee or a

26 potential licensee is more than 30 days delinquent in the

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1 payment of child support and has subsequently certified the

2 delinquency to the Department, the Department may refuse to

3 issue or renew or may revoke or suspend that person's license

4 or may take other disciplinary action against that person based

5 solely upon the certification of delinquency made by the

6 Department of Healthcare and Family Services in accordance with

7 item (5) of subsection (a) of Section 2105-15 of the Department

8 of Professional Regulation Law of the Civil Administrative Code

9 of Illinois.

10 (f) All fines or costs imposed under this Section shall be

11 paid within 60 days after the effective date of the order

12 imposing the fine or costs or in accordance with the terms set

13 forth in the order imposing the fine.

14 (Source: P.A. 99-173, eff. 7-29-15; 99-633, eff. 1-1-17;

15 100-201, eff. 8-18-17; 100-513, eff. 1-1-18.)

16 Section 95. The Illinois Architecture Practice Act of 1989

17 is amended by changing Section 22 as follows:

18 (225 ILCS 305/22) (from Ch. 111, par. 1322)

19 (Section scheduled to be repealed on January 1, 2020)

20 Sec. 22. Refusal, suspension and revocation of licenses;

21 causes.

22 (a) The Department may, singularly or in combination,

23 refuse to issue, renew or restore, or may suspend, revoke,

24 place on probation, or take other disciplinary or

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1 non-disciplinary action as deemed appropriate, including, but

2 not limited to, the imposition of fines not to exceed $10,000

3 for each violation, as the Department may deem proper, with

4 regard to a license for any one or combination of the following

5 causes:

6 (1) material misstatement in furnishing information to

7 the Department;

8 (2) negligence, incompetence or misconduct in the

9 practice of architecture;

10 (3) failure to comply with any of the provisions of

11 this Act or any of the rules;

12 (4) making any misrepresentation for the purpose of

13 obtaining licensure;

14 (5) purposefully making false statements or signing

15 false statements, certificates or affidavits to induce

16 payment;

17 (6) conviction of or plea of guilty or nolo contendere

18 to any crime that is a felony under the laws of the United

19 States or any state or territory thereof or that is a

20 misdemeanor, an essential element of which is dishonesty,

21 or any crime that is directly related to the practice of

22 the profession of architecture;

23 (7) aiding or assisting another person in violating any

24 provision of this Act or its rules;

25 (8) signing, affixing the architect's seal or

26 permitting the architect's seal to be affixed to any

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1 technical submission not prepared by the architect or under

2 that architect's responsible control;

3 (9) engaging in dishonorable, unethical or

4 unprofessional conduct of a character likely to deceive,

5 defraud or harm the public;

6 (10) habitual or excessive use or addiction to alcohol,

7 narcotics, stimulants, or any other chemical agent or drug

8 that results in the inability to practice with reasonable

9 judgment, skill, or safety;

10 (11) making a statement of compliance pursuant to the

11 Environmental Barriers Act that technical submissions

12 prepared by the architect or prepared under the architect's

13 responsible control for construction or alteration of an

14 occupancy required to be in compliance with the

15 Environmental Barriers Act are in compliance with the

16 Environmental Barriers Act when such technical submissions

17 are not in compliance;

18 (12) a finding by the Board that an applicant or

19 registrant has failed to pay a fine imposed by the

20 Department or a registrant, whose license has been placed

21 on probationary status, has violated the terms of

22 probation;

23 (13) discipline by another state, territory, foreign

24 country, the District of Columbia, the United States

25 government, or any other governmental agency, if at least

26 one of the grounds for discipline is the same or

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1 substantially equivalent to those set forth herein;

2 (14) failure to provide information in response to a

3 written request made by the Department within 30 days after

4 the receipt of such written request;

5 (15) physical illness, including, but not limited to,

6 deterioration through the aging process or loss of motor

7 skill, mental illness, or disability which results in the

8 inability to practice the profession with reasonable

9 judgment, skill, and safety, including without limitation

10 deterioration through the aging process, mental illness,

11 or disability.

12 (a-5) In enforcing this Section, the Department or Board,

13 upon a showing of a possible violation, may order a licensee or

14 applicant to submit to a mental or physical examination, or

15 both, at the expense of the Department. The Department or Board

16 may order the examining physician to present testimony

17 concerning his or her examination of the licensee or applicant.

18 No information shall be excluded by reason of any common law or

19 statutory privilege relating to communications between the

20 licensee or applicant and the examining physician. The

21 examining physicians shall be specifically designated by the

22 Board or Department. The licensee or applicant may have, at his

23 or her own expense, another physician of his or her choice

24 present during all aspects of the examination. Failure of a

25 licensee or applicant to submit to any such examination when

26 directed, without reasonable cause as defined by rule, shall be

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1 grounds for either the immediate suspension of his or her

2 license or immediate denial of his or her application.

3 If the Secretary immediately suspends the license of a

4 licensee for his or her failure to submit to a mental or

5 physical examination when directed, a hearing must be convened

6 by the Department within 15 days after the suspension and

7 completed without appreciable delay.

8 If the Secretary otherwise suspends a license pursuant to

9 the results of the licensee's mental or physical examination, a

10 hearing must be convened by the Department within 15 days after

11 the suspension and completed without appreciable delay. The

12 Department and Board shall have the authority to review the

13 licensee's record of treatment and counseling regarding the

14 relevant impairment or impairments to the extent permitted by

15 applicable federal statutes and regulations safeguarding the

16 confidentiality of medical records.

17 Any licensee suspended under this subsection (a-5) shall be

18 afforded an opportunity to demonstrate to the Department or

19 Board that he or she can resume practice in compliance with the

20 acceptable and prevailing standards under the provisions of his

21 or her license.

22 (b) The determination by a circuit court that a licensee is

23 subject to involuntary admission or judicial admission, as

24 provided in the Mental Health and Developmental Disabilities

25 Code, operates as an automatic suspension. Such suspension will

26 end only upon a finding by a court that the patient is no

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1 longer subject to involuntary admission or judicial admission,

2 the issuance of an order so finding and discharging the

3 patient, and the recommendation of the Board to the Secretary

4 that the licensee be allowed to resume practice.

5 (c) (Blank). ~~The Department shall deny a license or renewal~~

6 ~~authorized by this Act to a person who has defaulted on an~~

7 ~~educational loan or scholarship provided or guaranteed by the~~

8 ~~Illinois Student Assistance Commission or any governmental~~

9 ~~agency of this State in accordance with subdivision (a)(5) of~~

10 ~~Section 2105-15 of the Department of Professional Regulation~~

11 ~~Law of the Civil Administrative Code of Illinois.~~

12 (d) In cases where the Department of Healthcare and Family

13 Services (formerly the Department of Public Aid) has previously

14 determined that a licensee or a potential licensee is more than

15 30 days delinquent in the payment of child support and has

16 subsequently certified the delinquency to the Department, the

17 Department shall refuse to issue or renew or shall revoke or

18 suspend that person's license or shall take other disciplinary

19 action against that person based solely upon the certification

20 of delinquency made by the Department of Healthcare and Family

21 Services in accordance with subdivision (a)(5) of Section

22 2105-15 of the Department of Professional Regulation Law of the

23 Civil Administrative Code of Illinois.

24 (e) The Department shall deny a license or renewal

25 authorized by this Act to a person who has failed to file a

26 return, to pay the tax, penalty, or interest shown in a filed

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1 return, or to pay any final assessment of tax, penalty, or

2 interest as required by any tax Act administered by the

3 Department of Revenue, until such time as the requirements of

4 the tax Act are satisfied in accordance with subsection (g) of

5 Section 2105-15 of the Department of Professional Regulation

6 Law of the Civil Administrative Code of Illinois.

7 (f) Persons who assist the Department as consultants or

8 expert witnesses in the investigation or prosecution of alleged

9 violations of the Act, licensure matters, restoration

10 proceedings, or criminal prosecutions, shall not be liable for

11 damages in any civil action or proceeding as a result of such

12 assistance, except upon proof of actual malice. The attorney

13 general shall defend such persons in any such action or

14 proceeding.

15 (Source: P.A. 98-756, eff. 7-16-14.)

16 Section 100. The Interior Design Title Act is amended by

17 changing Section 13 as follows:

18 (225 ILCS 310/13) (from Ch. 111, par. 8213)

19 (Section scheduled to be repealed on January 1, 2022)

20 Sec. 13. Refusal, revocation or suspension of

21 registration. The Department may refuse to issue, renew, or

22 restore or may revoke, suspend, place on probation, reprimand

23 or take other disciplinary action as the Department may deem

24 proper, including fines not to exceed $5,000 for each

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1 violation, with regard to any registration for any one or

2 combination of the following causes:

3 (a) Fraud in procuring the certificate of

4 registration.

5 (b) Habitual intoxication or addiction to the use of

6 drugs.

7 (c) Making any misrepresentations or false promises,

8 directly or indirectly, to influence, persuade, or induce

9 patronage.

10 (d) Professional connection or association with, or

11 lending his or her name, to another for illegal use of the

12 title "registered interior designer", or professional

13 connection or association with any person, firm, or

14 corporation holding itself out in any manner contrary to

15 this Act.

16 (e) Obtaining or seeking to obtain checks, money, or

17 any other items of value by false or fraudulent

18 representations.

19 (f) Use of the title under a name other than his or her

20 own.

21 (g) Improper, unprofessional, or dishonorable conduct

22 of a character likely to deceive, defraud, or harm the

23 public.

24 (h) Conviction in this or another state, or federal

25 court, of any crime which is a felony, if the Department

26 determines, after investigation, that such person has not

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1 been sufficiently rehabilitated to warrant the public

2 trust.

3 (i) A violation of any provision of this Act or its

4 rules.

5 (j) Revocation by another state, the District of

6 Columbia, territory, or foreign nation of an interior

7 design or residential interior design registration if at

8 least one of the grounds for that revocation is the same as

9 or the equivalent of one of the grounds for revocation set

10 forth in this Act.

11 (k) Mental incompetence as declared by a court of

12 competent jurisdiction.

13 (l) Being named as a perpetrator in an indicated report

14 by the Department of Children and Family Services pursuant

15 to the Abused and Neglected Child Reporting Act, and upon

16 proof by clear and convincing evidence that the registrant

17 has caused a child to be an abused child or neglected child

18 as defined in the Abused and Neglected Child Reporting Act.

19 ~~The Department shall deny a registration or renewal~~

20 ~~authorized by this Act to any person who has defaulted on an~~

21 ~~educational loan guaranteed by the Illinois Student Assistance~~

22 ~~Commission; however, the Department may issue a certificate of~~

23 ~~registration or renewal if such person has established a~~

24 ~~satisfactory repayment record as determined by the Illinois~~

25 ~~Student Assistance Commission.~~

26 The Department may refuse to issue or may suspend the

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1 registration of any person who fails to file a return, or to

2 pay the tax, penalty, or interest showing in a filed return, or

3 to pay any final assessment of tax, penalty, or interest, as

4 required by any tax Act administered by the Illinois Department

5 of Revenue, until such time as the requirements of any such tax

6 Act are satisfied.

7 The entry of a decree by any circuit court establishing

8 that any person holding a certificate of registration under

9 this Act is a person subject to involuntary admission under the

10 Mental Health and Developmental Disabilities Code shall

11 operate as a suspension of that registration. That person may

12 resume using the title "registered interior designer" only upon

13 a finding by the Board that he or she has been determined to be

14 no longer subject to involuntary admission by the court and

15 upon the Board's recommendation to the Director that he or she

16 be permitted to resume using the title "registered interior

17 designer".

18 (Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)

19 Section 105. The Professional Engineering Practice Act of

20 1989 is amended by changing Section 24 as follows:

21 (225 ILCS 325/24) (from Ch. 111, par. 5224)

22 (Section scheduled to be repealed on January 1, 2020)

23 Sec. 24. Rules of professional conduct; disciplinary or

24 administrative action.

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1 (a) The Department shall adopt rules setting standards of

2 professional conduct and establish appropriate penalties for

3 the breach of such rules.

4 (a-1) The Department may, singularly or in combination,

5 refuse to issue, renew, or restore a license or may revoke,

6 suspend, place on probation, reprimand, or take other

7 disciplinary or non-disciplinary action with regard to a person

8 licensed under this Act, including but not limited to, the

9 imposition of a fine not to exceed $10,000 per violation upon

10 any person, corporation, partnership, or professional design

11 firm licensed or registered under this Act, for any one or

12 combination of the following causes:

13 (1) Material misstatement in furnishing information to

14 the Department.

15 (2) Violations of this Act or any of its rules.

16 (3) Conviction of or entry of a plea of guilty or nolo

17 contendere to any crime that is a felony under the laws of

18 the United States or any state or territory thereof, or

19 that is a misdemeanor, an essential element of which is

20 dishonesty, or any crime that is directly related to the

21 practice of engineering.

22 (4) Making any misrepresentation for the purpose of

23 obtaining, renewing, or restoring a license or violating

24 any provision of this Act or the rules promulgated under

25 this Act pertaining to advertising.

26 (5) Willfully making or signing a false statement,

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1 certificate, or affidavit to induce payment.

2 (6) Negligence, incompetence or misconduct in the

3 practice of professional engineering as a licensed

4 professional engineer or in working as an engineer intern.

5 (7) Aiding or assisting another person in violating any

6 provision of this Act or its rules.

7 (8) Failing to provide information in response to a

8 written request made by the Department within 30 days after

9 receipt of such written request.

10 (9) Engaging in dishonorable, unethical or

11 unprofessional conduct of a character likely to deceive,

12 defraud or harm the public.

13 (10) Inability to practice the profession with

14 reasonable judgment, skill, or safety as a result of a

15 physical illness, including, but not limited to,

16 deterioration through the aging process or loss of motor

17 skill, or mental illness or disability.

18 (11) Discipline by the United States Government,

19 another state, District of Columbia, territory, foreign

20 nation or government agency, if at least one of the grounds

21 for the discipline is the same or substantially equivalent

22 to those set forth in this Act.

23 (12) Directly or indirectly giving to or receiving from

24 any person, firm, corporation, partnership or association

25 any fee, commission, rebate or other form of compensation

26 for any professional services not actually or personally

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1 rendered.

2 (13) A finding by the Department that an applicant or

3 registrant has failed to pay a fine imposed by the

4 Department, a registrant whose license has been placed on

5 probationary status has violated the terms of probation, or

6 a registrant has practiced on an expired, inactive,

7 suspended, or revoked license.

8 (14) Signing, affixing the professional engineer's

9 seal or permitting the professional engineer's seal to be

10 affixed to any technical submissions not prepared as

11 required by Section 14 or completely reviewed by the

12 professional engineer or under the professional engineer's

13 direct supervision.

14 (15) Inability to practice the profession with

15 reasonable judgment, skill or safety as a result of

16 habitual or excessive use or addiction to alcohol,

17 narcotics, stimulants, or any other chemical agent or drug.

18 (16) The making of a statement pursuant to the

19 Environmental Barriers Act that a plan for construction or

20 alteration of a public facility or for construction of a

21 multi-story housing unit is in compliance with the

22 Environmental Barriers Act when such plan is not in

23 compliance.

24 (17) (Blank).

25 (a-2) The Department shall deny a license or renewal

26 authorized by this Act to a person who has failed to file a

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1 return, to pay the tax, penalty, or interest shown in a filed

2 return, or to pay any final assessment of tax, penalty, or

3 interest as required by any tax Act administered by the

4 Department of Revenue, until such time as the requirements of

5 the tax Act are satisfied in accordance with subsection (g) of

6 Section 2105-15 of the Department of Professional Regulation

7 Law of the Civil Administrative Code of Illinois (20 ILCS

8 2105/2105-15).

9 (a-3) (Blank). ~~The Department shall deny a license or~~

10 ~~renewal authorized by this Act to a person who has defaulted on~~

11 ~~an educational loan or scholarship provided or guaranteed by~~

12 ~~the Illinois Student Assistance Commission or any governmental~~

13 ~~agency of this State in accordance with subdivision (a)(5) of~~

14 ~~Section 2105-15 of the Department of Professional Regulation~~

15 ~~Law of the Civil Administrative Code of Illinois (20 ILCS~~

16 ~~2105/2105-15).~~

17 (a-4) In cases where the Department of Healthcare and

18 Family Services (formerly the Department of Public Aid) has

19 previously determined that a licensee or a potential licensee

20 is more than 30 days delinquent in the payment of child support

21 and has subsequently certified the delinquency to the

22 Department, the Department shall refuse to issue or renew or

23 shall revoke or suspend that person's license or shall take

24 other disciplinary action against that person based solely upon

25 the certification of delinquency made by the Department of

26 Healthcare and Family Services in accordance with subdivision

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1 (a)(5) of Section 2105-15 of the Department of Professional

2 Regulation Law of the Civil Administrative Code of Illinois (20

3 ILCS 2105/2105-15).

4 (a-5) In enforcing this Section, the Department or Board,

5 upon a showing of a possible violation, may order a licensee or

6 applicant to submit to a mental or physical examination, or

7 both, at the expense of the Department. The Department or Board

8 may order the examining physician to present testimony

9 concerning his or her examination of the licensee or applicant.

10 No information shall be excluded by reason of any common law or

11 statutory privilege relating to communications between the

12 licensee or applicant and the examining physician. The

13 examining physicians shall be specifically designated by the

14 Board or Department. The licensee or applicant may have, at his

15 or her own expense, another physician of his or her choice

16 present during all aspects of the examination. Failure of a

17 licensee or applicant to submit to any such examination when

18 directed, without reasonable cause as defined by rule, shall be

19 grounds for either the immediate suspension of his or her

20 license or immediate denial of his or her application.

21 If the Secretary immediately suspends the license of a

22 licensee for his or her failure to submit to a mental or

23 physical examination when directed, a hearing must be convened

24 by the Department within 15 days after the suspension and

25 completed without appreciable delay.

26 If the Secretary otherwise suspends a license pursuant to

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1 the results of the licensee's mental or physical examination, a

2 hearing must be convened by the Department within 15 days after

3 the suspension and completed without appreciable delay. The

4 Department and Board shall have the authority to review the

5 licensee's record of treatment and counseling regarding the

6 relevant impairment or impairments to the extent permitted by

7 applicable federal statutes and regulations safeguarding the

8 confidentiality of medical records.

9 Any licensee suspended under this subsection (a-5) shall be

10 afforded an opportunity to demonstrate to the Department or

11 Board that he or she can resume practice in compliance with the

12 acceptable and prevailing standards under the provisions of his

13 or her license.

14 (b) The determination by a circuit court that a registrant

15 is subject to involuntary admission or judicial admission as

16 provided in the Mental Health and Developmental Disabilities

17 Code, as now or hereafter amended, operates as an automatic

18 suspension. Such suspension will end only upon a finding by a

19 court that the patient is no longer subject to involuntary

20 admission or judicial admission, the issuance of an order so

21 finding and discharging the patient, and the recommendation of

22 the Board to the Director that the registrant be allowed to

23 resume practice.

24 (Source: P.A. 98-756, eff. 7-16-14.)

25 Section 110. The Illinois Professional Land Surveyor Act of

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1 1989 is amended by changing Section 27 as follows:

2 (225 ILCS 330/27) (from Ch. 111, par. 3277)

3 (Section scheduled to be repealed on January 1, 2020)

4 Sec. 27. Grounds for disciplinary action.

5 (a) The Department may refuse to issue or renew a license,

6 or may place on probation or administrative supervision,

7 suspend, or revoke any license, or may reprimand or take any

8 disciplinary or non-disciplinary action as the Department may

9 deem proper, including the imposition of fines not to exceed

10 $10,000 per violation, upon any person, corporation,

11 partnership, or professional land surveying firm licensed or

12 registered under this Act for any of the following reasons:

13 (1) material misstatement in furnishing information to

14 the Department;

15 (2) violation, including, but not limited to, neglect

16 or intentional disregard, of this Act, or its rules;

17 (3) conviction of, or entry of a plea of guilty or nolo

18 contendere to, any crime that is a felony under the laws of

19 the United States or any state or territory thereof or that

20 is a misdemeanor of which an essential element is

21 dishonesty, or any crime that is directly related to the

22 practice of the profession;

23 (4) making any misrepresentation for the purpose of

24 obtaining a license, or in applying for restoration or

25 renewal, or the practice of any fraud or deceit in taking

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1 any examination to qualify for licensure under this Act;

2 (5) purposefully making false statements or signing

3 false statements, certificates, or affidavits to induce

4 payment;

5 (6) proof of carelessness, incompetence, negligence,

6 or misconduct in practicing land surveying;

7 (7) aiding or assisting another person in violating any

8 provision of this Act or its rules;

9 (8) failing to provide information in response to a

10 written request made by the Department within 30 days after

11 receipt of such written request;

12 (9) engaging in dishonorable, unethical, or

13 unprofessional conduct of a character likely to deceive,

14 defraud, or harm the public;

15 (10) inability to practice with reasonable judgment,

16 skill, or safety as a result of habitual or excessive use

17 of, or addiction to, alcohol, narcotics, stimulants or any

18 other chemical agent or drug;

19 (11) discipline by the United States government,

20 another state, District of Columbia, territory, foreign

21 nation or government agency if at least one of the grounds

22 for the discipline is the same or substantially equivalent

23 to those set forth in this Act;

24 (12) directly or indirectly giving to or receiving from

25 any person, firm, corporation, partnership, or association

26 any fee, commission, rebate, or other form of compensation

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1 for any professional services not actually or personally

2 rendered;

3 (12.5) issuing a map or plat of survey where the fee

4 for professional services is contingent on a real estate

5 transaction closing;

6 (13) a finding by the Department that an applicant or

7 licensee has failed to pay a fine imposed by the Department

8 or a licensee whose license has been placed on probationary

9 status has violated the terms of probation;

10 (14) practicing on an expired, inactive, suspended, or

11 revoked license;

12 (15) signing, affixing the Professional Land

13 Surveyor's seal or permitting the Professional Land

14 Surveyor's seal to be affixed to any map or plat of survey

15 not prepared by the Professional Land Surveyor or under the

16 Professional Land Surveyor's direct supervision and

17 control;

18 (16) inability to practice the profession with

19 reasonable judgment, skill, or safety as a result of

20 physical illness, including, but not limited to,

21 deterioration through the aging process or loss of motor

22 skill or a mental illness or disability;

23 (17) (blank); or

24 (18) failure to adequately supervise or control land

25 surveying operations being performed by subordinates.

26 (a-5) In enforcing this Section, the Department or Board,

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1 upon a showing of a possible violation, may compel a person

2 licensed to practice under this Act, or who has applied for

3 licensure or certification pursuant to this Act, to submit to a

4 mental or physical examination, or both, as required by and at

5 the expense of the Department. The Department or Board may

6 order the examining physician to present testimony concerning

7 the mental or physical examination of the licensee or

8 applicant. No information shall be excluded by reason of any

9 common law or statutory privilege relating to communications

10 between the licensee or applicant and the examining physician.

11 The examining physicians shall be specifically designated by

12 the Board or Department. The individual to be examined may

13 have, at his or her own expense, another physician of his or

14 her choice present during all aspects of the examination.

15 Failure of an individual to submit to a mental or physical

16 examination when directed shall be grounds for the immediate

17 suspension of his or her license until the individual submits

18 to the examination if the Department finds that the refusal to

19 submit to the examination was without reasonable cause as

20 defined by rule.

21 If the Secretary immediately suspends the license of a

22 licensee for his or her failure to submit to a mental or

23 physical examination when directed, a hearing must be convened

24 by the Department within 15 days after the suspension and

25 completed without appreciable delay.

26 If the Secretary otherwise suspends a person's license

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1 pursuant to the results of a compelled mental or physical

2 examination, a hearing on that person's license must be

3 convened by the Department within 15 days after the suspension

4 and completed without appreciable delay. The Department and

5 Board shall have the authority to review the subject

6 individual's record of treatment and counseling regarding

7 impairment to the extent permitted by applicable federal

8 statutes and regulations safeguarding the confidentiality of

9 medical records.

10 Any licensee suspended under this subsection (a-5) shall be

11 afforded an opportunity to demonstrate to the Department or

12 Board that he or she can resume practice in compliance with the

13 acceptable and prevailing standards under the provisions of his

14 or her license.

15 (b) The determination by a circuit court that a licensee is

16 subject to involuntary admission or judicial admission as

17 provided in the Mental Health and Developmental Disabilities

18 Code, as now or hereafter amended, operates as an automatic

19 license suspension. Such suspension will end only upon a

20 finding by a court that the patient is no longer subject to

21 involuntary admission or judicial admission and the issuance of

22 an order so finding and discharging the patient and upon the

23 recommendation of the Board to the Director that the licensee

24 be allowed to resume his or her practice.

25 (c) (Blank). ~~The Department shall deny a license or renewal~~

26 ~~authorized by this Act to a person who has defaulted on an~~

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1 ~~educational loan or scholarship provided or guaranteed by the~~

2 ~~Illinois Student Assistance Commission or any governmental~~

3 ~~agency of this State in accordance with subdivision (a)(5) of~~

4 ~~Section 2105-15 of the Department of Professional Regulation~~

5 ~~Law of the Civil Administrative Code of Illinois (20 ILCS~~

6 ~~2105/2105-15).~~

7 (d) In cases where the Department of Healthcare and Family

8 Services (formerly the Department of Public Aid) has previously

9 determined that a licensee or a potential licensee is more than

10 30 days delinquent in the payment of child support and has

11 subsequently certified the delinquency to the Department, the

12 Department shall refuse to issue or renew or shall revoke or

13 suspend that person's license or shall take other disciplinary

14 action against that person based solely upon the certification

15 of delinquency made by the Department of Healthcare and Family

16 Services in accordance with subdivision (a)(5) of Section

17 2105-15 of the Department of Professional Regulation Law of the

18 Civil Administrative Code of Illinois (20 ILCS 2105/2105-15).

19 (e) The Department shall refuse to issue or renew or shall

20 revoke or suspend a person's license or shall take other

21 disciplinary action against that person for his or her failure

22 to file a return, to pay the tax, penalty, or interest shown in

23 a filed return, or to pay any final assessment of tax, penalty,

24 or interest as required by any tax Act administered by the

25 Department of Revenue, until such time as the requirements of

26 the tax Act are satisfied in accordance with subsection (g) of

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1 Section 2105-15 of the Department of Professional Regulation

2 Law of the Civil Administrative Code of Illinois (20 ILCS

3 2105/2105-15).

4 (Source: P.A. 98-756, eff. 7-16-14.)

5 Section 115. The Structural Engineering Practice Act of

6 1989 is amended by changing Section 20 as follows:

7 (225 ILCS 340/20) (from Ch. 111, par. 6620)

8 (Section scheduled to be repealed on January 1, 2020)

9 Sec. 20. Refusal; revocation; suspension.

10 (a) The Department may refuse to issue or renew, or may

11 revoke a license, or may suspend, place on probation, fine, or

12 take any disciplinary or non-disciplinary action as the

13 Department may deem proper, including a fine not to exceed

14 $10,000 for each violation, with regard to any licensee for any

15 one or combination of the following reasons:

16 (1) Material misstatement in furnishing information to

17 the Department;

18 (2) Negligence, incompetence or misconduct in the

19 practice of structural engineering;

20 (3) Making any misrepresentation for the purpose of

21 obtaining licensure;

22 (4) The affixing of a licensed structural engineer's

23 seal to any plans, specifications or drawings which have

24 not been prepared by or under the immediate personal

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1 supervision of that licensed structural engineer or

2 reviewed as provided in this Act;

3 (5) Conviction of, or entry of a plea of guilty or nolo

4 contendere to, any crime that is a felony under the laws of

5 the United States or of any state or territory thereof, or

6 that is a misdemeanor an essential element of which is

7 dishonesty, or any crime that is directly related to the

8 practice of the profession;

9 (6) Making a statement of compliance pursuant to the

10 Environmental Barriers Act, as now or hereafter amended,

11 that a plan for construction or alteration of a public

12 facility or for construction of a multi-story housing unit

13 is in compliance with the Environmental Barriers Act when

14 such plan is not in compliance;

15 (7) Failure to comply with any of the provisions of

16 this Act or its rules;

17 (8) Aiding or assisting another person in violating any

18 provision of this Act or its rules;

19 (9) Engaging in dishonorable, unethical or

20 unprofessional conduct of a character likely to deceive,

21 defraud or harm the public, as defined by rule;

22 (10) Habitual or excessive use or addiction to alcohol,

23 narcotics, stimulants, or any other chemical agent or drug

24 that results in the inability to practice with reasonable

25 judgment, skill, or safety;

26 (11) Failure of an applicant or licensee to pay a fine

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1 imposed by the Department or a licensee whose license has

2 been placed on probationary status has violated the terms

3 of probation;

4 (12) Discipline by another state, territory, foreign

5 country, the District of Columbia, the United States

6 government, or any other governmental agency, if at least

7 one of the grounds for discipline is the same or

8 substantially equivalent to those set forth in this

9 Section;

10 (13) Failure to provide information in response to a

11 written request made by the Department within 30 days after

12 the receipt of such written request; or

13 (14) Physical illness, including but not limited to,

14 deterioration through the aging process or loss of motor

15 skill, mental illness, or disability which results in the

16 inability to practice the profession of structural

17 engineering with reasonable judgment, skill, or safety.

18 (a-5) In enforcing this Section, the Department or Board,

19 upon a showing of a possible violation, may order a licensee or

20 applicant to submit to a mental or physical examination, or

21 both, at the expense of the Department. The Department or Board

22 may order the examining physician to present testimony

23 concerning his or her examination of the licensee or applicant.

24 No information shall be excluded by reason of any common law or

25 statutory privilege relating to communications between the

26 licensee or applicant and the examining physician. The

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1 examining physicians shall be specifically designated by the

2 Board or Department. The licensee or applicant may have, at his

3 or her own expense, another physician of his or her choice

4 present during all aspects of the examination. Failure of a

5 licensee or applicant to submit to any such examination when

6 directed, without reasonable cause as defined by rule, shall be

7 grounds for either the immediate suspension of his or her

8 license or immediate denial of his or her application.

9 If the Secretary immediately suspends the license of a

10 licensee for his or her failure to submit to a mental or

11 physical examination when directed, a hearing must be convened

12 by the Department within 15 days after the suspension and

13 completed without appreciable delay.

14 If the Secretary otherwise suspends a license pursuant to

15 the results of the licensee's mental or physical examination, a

16 hearing must be convened by the Department within 15 days after

17 the suspension and completed without appreciable delay. The

18 Department and Board shall have the authority to review the

19 licensee's record of treatment and counseling regarding the

20 relevant impairment or impairments to the extent permitted by

21 applicable federal statutes and regulations safeguarding the

22 confidentiality of medical records.

23 Any licensee suspended under this subsection (a-5) shall be

24 afforded an opportunity to demonstrate to the Department or

25 Board that he or she can resume practice in compliance with the

26 acceptable and prevailing standards under the provisions of his

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1 or her license.

2 (b) The determination by a circuit court that a licensee is

3 subject to involuntary admission or judicial admission, as

4 provided in the Mental Health and Developmental Disabilities

5 Code, operates as an automatic suspension. Such suspension will

6 end only upon a finding by a court that the patient is no

7 longer subject to involuntary admission or judicial admission,

8 the issuance of an order so finding and discharging the

9 patient, and the recommendation of the Board to the Secretary

10 that the licensee be allowed to resume practice.

11 (c) (Blank). ~~The Department shall deny a license or renewal~~

12 ~~authorized by this Act to a person who has defaulted on an~~

13 ~~educational loan or scholarship provided or guaranteed by the~~

14 ~~Illinois Student Assistance Commission or any governmental~~

15 ~~agency of this State in accordance with subdivision (a)(5) of~~

16 ~~Section 2105-15 of the Department of Professional Regulation~~

17 ~~Law of the Civil Administrative Code of Illinois.~~

18 (d) In cases where the Department of Healthcare and Family

19 Services (formerly the Department of Public Aid) has previously

20 determined that a licensee or a potential licensee is more than

21 30 days delinquent in the payment of child support and has

22 subsequently certified the delinquency to the Department, the

23 Department shall refuse to issue or renew or shall revoke or

24 suspend that person's license or shall take other disciplinary

25 action against that person based solely upon the certification

26 of delinquency made by the Department of Healthcare and Family

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1 Services in accordance with subdivision (a)(5) of Section

2 2105-15 of the Department of Professional Regulation Law of the

3 Civil Administrative Code of Illinois.

4 (e) The Department shall deny a license or renewal

5 authorized by this Act to a person who has failed to file a

6 return, to pay the tax, penalty, or interest shown in a filed

7 return, or to pay any final assessment of tax, penalty, or

8 interest as required by any tax Act administered by the

9 Department of Revenue, until such time as the requirements of

10 the tax Act are satisfied in accordance with subsection (g) of

11 Section 2105-15 of the Department of Professional Regulation

12 Law of the Civil Administrative Code of Illinois.

13 (f) Persons who assist the Department as consultants or

14 expert witnesses in the investigation or prosecution of alleged

15 violations of the Act, licensure matters, restoration

16 proceedings, or criminal prosecutions, are not liable for

17 damages in any civil action or proceeding as a result of such

18 assistance, except upon proof of actual malice. The Attorney

19 General of the State of Illinois shall defend such persons in

20 any such action or proceeding.

21 (Source: P.A. 98-756, eff. 7-16-14.)

22 Section 120. The Auction License Act is amended by changing

23 Section 20-20 as follows:

24 (225 ILCS 407/20-20)

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1 (Section scheduled to be repealed on January 1, 2020)

2 Sec. 20-20. Termination without hearing for failure to pay

3 taxes or ~~,~~child support~~, or a student loan~~. The Department may

4 terminate or otherwise discipline any license issued under this

5 Act without hearing if the appropriate administering agency

6 provides adequate information and proof that the licensee has:

7 (1) failed to file a return, to pay the tax, penalty,

8 or interest shown in a filed return, or to pay any final

9 assessment of tax, penalty, or interest, as required by any

10 tax act administered by the Illinois Department of Revenue

11 until the requirements of the tax act are satisfied;

12 (2) failed to pay any court ordered child support as

13 determined by a court order or by referral from the

14 Department of Healthcare and Family Services (formerly

15 Illinois Department of Public Aid); or

16 (3) (blank). ~~failed to repay any student loan or~~

17 ~~assistance as determined by the Illinois Student~~

18 ~~Assistance Commission.~~

19 If a license is terminated or otherwise disciplined

20 pursuant to this Section, the licensee may request a hearing as

21 provided by this Act within 30 days of notice of termination or

22 discipline.

23 (Source: P.A. 95-331, eff. 8-21-07; 95-572, eff. 6-1-08.)

24 Section 125. The Barber, Cosmetology, Esthetics, Hair

25 Braiding, and Nail Technology Act of 1985 is amended by

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1 changing Section 4-7 as follows:

2 (225 ILCS 410/4-7) (from Ch. 111, par. 1704-7)

3 (Section scheduled to be repealed on January 1, 2026)

4 Sec. 4-7. Refusal, suspension and revocation of licenses;

5 causes; disciplinary action.

6 (1) The Department may refuse to issue or renew, and may

7 suspend, revoke, place on probation, reprimand or take any

8 other disciplinary or non-disciplinary action as the

9 Department may deem proper, including civil penalties not to

10 exceed $500 for each violation, with regard to any license for

11 any one, or any combination, of the following causes:

12 a. For licensees, conviction of any crime under the

13 laws of the United States or any state or territory thereof

14 that is (i) a felony, (ii) a misdemeanor, an essential

15 element of which is dishonesty, or (iii) a crime which is

16 related to the practice of the profession and, for initial

17 applicants, convictions set forth in Section 4-6.1 of this

18 Act.

19 b. Conviction of any of the violations listed in

20 Section 4-20.

21 c. Material misstatement in furnishing information to

22 the Department.

23 d. Making any misrepresentation for the purpose of

24 obtaining a license or violating any provision of this Act

25 or its rules.

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1 e. Aiding or assisting another person in violating any

2 provision of this Act or its rules.

3 f. Failing, within 60 days, to provide information in

4 response to a written request made by the Department.

5 g. Discipline by another state, territory, or country

6 if at least one of the grounds for the discipline is the

7 same as or substantially equivalent to those set forth in

8 this Act.

9 h. Practice in the barber, nail technology, esthetics,

10 hair braiding, or cosmetology profession, or an attempt to

11 practice in those professions, by fraudulent

12 misrepresentation.

13 i. Gross malpractice or gross incompetency.

14 j. Continued practice by a person knowingly having an

15 infectious or contagious disease.

16 k. Solicitation of professional services by using

17 false or misleading advertising.

18 l. A finding by the Department that the licensee, after

19 having his or her license placed on probationary status,

20 has violated the terms of probation.

21 m. Directly or indirectly giving to or receiving from

22 any person, firm, corporation, partnership or association

23 any fee, commission, rebate, or other form of compensation

24 for any professional services not actually or personally

25 rendered.

26 n. Violating any of the provisions of this Act or rules

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1 adopted pursuant to this Act.

2 o. Willfully making or filing false records or reports

3 relating to a licensee's practice, including but not

4 limited to, false records filed with State agencies or

5 departments.

6 p. Habitual or excessive use or addiction to alcohol,

7 narcotics, stimulants, or any other chemical agent or drug

8 that results in the inability to practice with reasonable

9 judgment, skill or safety.

10 q. Engaging in dishonorable, unethical or

11 unprofessional conduct of a character likely to deceive,

12 defraud, or harm the public as may be defined by rules of

13 the Department, or violating the rules of professional

14 conduct which may be adopted by the Department.

15 r. Permitting any person to use for any unlawful or

16 fraudulent purpose one's diploma or license or certificate

17 of registration as a cosmetologist, nail technician,

18 esthetician, hair braider, or barber or cosmetology, nail

19 technology, esthetics, hair braiding, or barber teacher or

20 salon or shop or cosmetology clinic teacher.

21 s. Being named as a perpetrator in an indicated report

22 by the Department of Children and Family Services under the

23 Abused and Neglected Child Reporting Act and upon proof by

24 clear and convincing evidence that the licensee has caused

25 a child to be an abused child or neglected child as defined

26 in the Abused and Neglected Child Reporting Act.

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1 t. Operating a salon or shop without a valid

2 registration.

3 u. Failure to complete required continuing education

4 hours.

5 (2) In rendering an order, the Secretary shall take into

6 consideration the facts and circumstances involving the type of

7 acts or omissions in paragraph (1) of this Section including,

8 but not limited to:

9 (a) the extent to which public confidence in the

10 cosmetology, nail technology, esthetics, hair braiding, or

11 barbering profession was, might have been, or may be,

12 injured;

13 (b) the degree of trust and dependence among the

14 involved parties;

15 (c) the character and degree of harm which did result

16 or might have resulted;

17 (d) the intent or mental state of the licensee at the

18 time of the acts or omissions.

19 (3) The Department may reissue the license or registration

20 upon certification by the Board that the disciplined licensee

21 or registrant has complied with all of the terms and conditions

22 set forth in the final order or has been sufficiently

23 rehabilitated to warrant the public trust.

24 (4) The Department shall refuse to issue or renew or

25 suspend without hearing the license or certificate of

26 registration of any person who fails to file a return, or to

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1 pay the tax, penalty or interest shown in a filed return, or to

2 pay any final assessment of tax, penalty or interest, as

3 required by any tax Act administered by the Illinois Department

4 of Revenue, until such time as the requirements of any such tax

5 Act are satisfied as determined by the Department of Revenue.

6 (5) (Blank.) ~~The Department shall deny without hearing any~~

7 ~~application for a license or renewal of a license under this~~

8 ~~Act by a person who has defaulted on an educational loan~~

9 ~~guaranteed by the Illinois Student Assistance Commission;~~

10 ~~however, the Department may issue or renew a license if the~~

11 ~~person in default has established a satisfactory repayment~~

12 ~~record as determined by the Illinois Student Assistance~~

13 ~~Commission.~~

14 (6) All fines imposed under this Section shall be paid

15 within 60 days after the effective date of the order imposing

16 the fine or in accordance with the terms set forth in the order

17 imposing the fine.

18 (Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15;

19 99-876, eff. 1-1-17.)

20 Section 130. The Electrologist Licensing Act is amended by

21 changing Section 75 as follows:

22 (225 ILCS 412/75)

23 (Section scheduled to be repealed on January 1, 2024)

24 Sec. 75. Grounds for discipline.

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1 (a) The Department may refuse to issue or renew and may

2 revoke or suspend a license under this Act, and may place on

3 probation, reprimand, or take other disciplinary or

4 non-disciplinary action with regard to any licensee under this

5 Act, as the Department may consider appropriate, including

6 imposing fines not to exceed $10,000 for each violation and

7 assess costs as provided for under Section 95 of this Act, for

8 one or any combination of the following causes:

9 (1) Material misstatement in furnishing information to

10 the Department.

11 (2) Violation of this Act or rules adopted under this

12 Act.

13 (3) Conviction by plea of guilty or nolo contendere,

14 finding of guilt, jury verdict, or entry of judgment or

15 sentencing, including, but not limited to, convictions,

16 preceding sentences of supervision, conditional discharge,

17 or first offender probation, under the laws of any

18 jurisdiction of the United States that is (i) a felony or

19 (ii) a misdemeanor, an essential element of which is

20 dishonesty, or that is directly related to the practice of

21 electrology.

22 (4) Fraud or misrepresentation in applying for or

23 procuring a license under this Act, or in connection with

24 applying for renewal of a license under this Act.

25 (5) Aiding or assisting another person in violating any

26 provision of this Act or its rules.

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1 (6) Failing to provide information within 60 days in

2 response to a written request made by the Department.

3 (7) Engaging in dishonorable, unethical, or

4 unprofessional conduct of a character likely to deceive,

5 defraud, or harm the public.

6 (8) Habitual or excessive use or abuse of drugs defined

7 in law as controlled substances, alcohol, or any other

8 substance that results in an electrologist's inability to

9 practice with reasonable judgment, skill, or safety.

10 (9) Discipline by another governmental agency, unit of

11 government, U.S. jurisdiction, or foreign nation if at

12 least one of the grounds for discipline is the same as or

13 substantially equivalent to any of those set forth in this

14 Act.

15 (10) Directly or indirectly giving to or receiving from

16 any person, firm, corporation, partnership, or association

17 any fee, commission, rebate, or other form of compensation

18 for any professional services not actually or personally

19 rendered. Nothing in this paragraph (10) affects any bona

20 fide independent contractor or employment arrangements

21 among health care professionals, health facilities, health

22 care providers, or other entities, except as otherwise

23 prohibited by law. Any employment arrangements with health

24 care providers may include provisions for compensation,

25 health insurance, pension, or other employment benefits

26 for the provision of services within the scope of the

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1 licensee's practice under this Act. Nothing in this

2 paragraph (10) shall be construed to require an employment

3 arrangement to receive professional fees for services

4 rendered.

5 (11) A finding by the Department that the licensee,

6 after having his or her license placed on probationary

7 status, has violated the terms of probation.

8 (12) Abandonment of a patient.

9 (13) Willfully making or filing false records or

10 reports in the licensee's practice, including, but not

11 limited to, false records filed with State agencies or

12 departments.

13 (14) Mental or physical illness or disability,

14 including, but not limited to, deterioration through the

15 aging process or loss of motor skill that results in the

16 inability to practice the profession with reasonable

17 judgment, skill, or safety.

18 (15) Negligence in his or her practice under this Act.

19 (16) Use of fraud, deception, or any unlawful means in

20 applying for and securing a license as an electrologist.

21 (17) Immoral conduct in the commission of any act, such

22 as sexual abuse, sexual misconduct, or sexual

23 exploitation, related to the licensee's practice.

24 (18) Failure to comply with standards of sterilization

25 and sanitation as defined in the rules of the Department.

26 (19) Charging for professional services not rendered,

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1 including filing false statements for the collection of

2 fees for which services are not rendered.

3 (20) Allowing one's license under this Act to be used

4 by an unlicensed person in violation of this Act.

5 (b) The Department may refuse to issue or renew or may

6 suspend without hearing the license of any person who fails to

7 file a return, to pay the tax, penalty or interest shown in a

8 filed return, or to pay any final assessment of the tax,

9 penalty, or interest as required by any tax Act administered by

10 the Illinois Department of Revenue until the requirements of

11 the tax Act are satisfied in accordance with subsection (g) of

12 Section 2105-15 of the Department of Professional Regulation

13 Law of the Civil Administrative Code of Illinois.

14 (c) The determination by a circuit court that a licensee is

15 subject to involuntary admission or judicial admission as

16 provided in the Mental Health and Developmental Disabilities

17 Code operates as an automatic suspension. The suspension will

18 end only upon a finding by a court that the patient is no

19 longer subject to involuntary admission or judicial admission,

20 the issuance of an order so finding and discharging the

21 patient, and the filing of a petition for restoration

22 demonstrating fitness to practice.

23 (d) In enforcing this Section, the Department, upon a

24 showing of a possible violation, may compel any individual who

25 is licensed to practice under this Act or any individual who

26 has applied for licensure to submit to a mental or physical

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1 examination and evaluation, or both, that may include a

2 substance abuse or sexual offender evaluation, at the expense

3 of the Department. The Department shall specifically designate

4 the examining physician licensed to practice medicine in all of

5 its branches or, if applicable, the multidisciplinary team

6 involved in providing the mental or physical examination and

7 evaluation, or both. The multidisciplinary team shall be led by

8 a physician licensed to practice medicine in all of its

9 branches and may consist of one or more or a combination of

10 physicians licensed to practice medicine in all of its

11 branches, licensed chiropractic physicians, licensed clinical

12 psychologists, licensed clinical social workers, licensed

13 clinical professional counselors, and other professional and

14 administrative staff. Any examining physician or member of the

15 multidisciplinary team may require any person ordered to submit

16 to an examination and evaluation pursuant to this Section to

17 submit to any additional supplemental testing deemed necessary

18 to complete any examination or evaluation process, including,

19 but not limited to, blood testing, urinalysis, psychological

20 testing, or 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 team

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1 to present testimony concerning this examination and

2 evaluation of the licensee, permit holder, 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 licensee or

11 applicant ordered to undergo an evaluation and examination for

12 the examining physician or any member of the multidisciplinary

13 team to provide information, reports, records, or other

14 documents or to provide any testimony regarding the examination

15 and evaluation. The individual to be examined may have, at his

16 or her own expense, another physician of his or her choice

17 present during all aspects of the examination.

18 Failure of any individual to submit to mental or physical

19 examination and evaluation, or both, when directed, shall

20 result in an automatic suspension without hearing, until such

21 time as the individual submits to the examination. If the

22 Department finds a licensee unable to practice because of the

23 reasons set forth in this Section, the Department shall require

24 the licensee to submit to care, counseling, or treatment by

25 physicians approved or designated by the Department as a

26 condition for continued, reinstated, or renewed licensure to

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1 practice.

2 When the Secretary immediately suspends a license under

3 this Section, a hearing upon the person's license must be

4 convened by the Department within 15 days after the suspension

5 and completed without appreciable delay. The Department shall

6 have the authority to review the licensee's record of treatment

7 and counseling regarding the impairment to the extent permitted

8 by applicable federal statutes and regulations safeguarding

9 the confidentiality of medical records.

10 Individuals licensed under this Act affected under this

11 Section shall be afforded an opportunity to demonstrate to the

12 Department that they can resume practice in compliance with

13 acceptable and prevailing standards under the provisions of

14 their license.

15 (e) (Blank). ~~The Department shall deny a license or renewal~~

16 ~~authorized by this Act to a person who has defaulted on an~~

17 ~~educational loan or scholarship provided or guaranteed by the~~

18 ~~Illinois Student Assistance Commission or any governmental~~

19 ~~agency of this State in accordance with item (5) of subsection~~

20 ~~(a) of Section 2105-15 of the Department of Professional~~

21 ~~Regulation Law of the Civil Administrative Code of Illinois.~~

22 (f) In cases where the Department of Healthcare and Family

23 Services has previously determined a licensee or a potential

24 licensee is more than 30 days delinquent in the payment of

25 child support and has subsequently certified the delinquency to

26 the Department, the Department may refuse to issue or renew or

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1 may revoke or suspend that person's license or may take other

2 disciplinary action against that person based solely upon the

3 certification of delinquency made by the Department of

4 Healthcare and Family Services in accordance with item (5) of

5 subsection (a) of Section 2105-15 of the Department of

6 Professional Regulation Law of the Civil Administrative Code of

7 Illinois.

8 (g) All fines or costs imposed under this Section shall be

9 paid within 60 days after the effective date of the order

10 imposing the fine or costs or in accordance with the terms set

11 forth in the order imposing the fine.

12 (Source: P.A. 98-363, eff. 8-16-13.)

13 Section 135. The Illinois Certified Shorthand Reporters

14 Act of 1984 is amended by changing Section 23 as follows:

15 (225 ILCS 415/23) (from Ch. 111, par. 6223)

16 (Section scheduled to be repealed on January 1, 2024)

17 Sec. 23. Grounds for disciplinary action.

18 (a) The Department may refuse to issue or renew, or may

19 revoke, suspend, place on probation, reprimand or take other

20 disciplinary or non-disciplinary action as the Department may

21 deem appropriate, including imposing fines not to exceed

22 $10,000 for each violation and the assessment of costs as

23 provided for in Section 23.3 of this Act, with regard to any

24 license for any one or combination of the following:

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1 (1) Material misstatement in furnishing information to

2 the Department;

3 (2) Violations of this Act, or of the rules promulgated

4 thereunder;

5 (3) Conviction by plea of guilty or nolo contendere,

6 finding of guilt, jury verdict, or entry of judgment or by

7 sentencing of any crime, including, but not limited to,

8 convictions, preceding sentences of supervision,

9 conditional discharge, or first offender probation under

10 the laws of any jurisdiction of the United States: (i) that

11 is a felony or (ii) that is a misdemeanor, an essential

12 element of which is dishonesty, or that is directly related

13 to the practice of the profession;

14 (4) Fraud or any misrepresentation in applying for or

15 procuring a license under this Act or in connection with

16 applying for renewal of a license under this Act;

17 (5) Professional incompetence;

18 (6) Aiding or assisting another person, firm,

19 partnership or corporation in violating any provision of

20 this Act or rules;

21 (7) Failing, within 60 days, to provide information in

22 response to a written request made by the Department;

23 (8) Engaging in dishonorable, unethical or

24 unprofessional conduct of a character likely to deceive,

25 defraud or harm the public;

26 (9) Habitual or excessive use or abuse of drugs defined

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1 in law as controlled substances, alcohol, or any other

2 substances that results in the inability to practice with

3 reasonable judgment, skill, or safety;

4 (10) Discipline by another state, unit of government,

5 government agency, the District of Columbia, a territory,

6 or foreign nation, if at least one of the grounds for the

7 discipline is the same or substantially equivalent to those

8 set forth herein;

9 (11) Charging for professional services not rendered,

10 including filing false statements for the collection of

11 fees for which services were not rendered, or giving,

12 directly or indirectly, any gift or anything of value to

13 attorneys or their staff or any other persons or entities

14 associated with any litigation, that exceeds $100 total per

15 year; for the purposes of this Section, pro bono services,

16 as defined by State law, are permissible in any amount;

17 (12) A finding by the Board that the certificate

18 holder, after having his certificate placed on

19 probationary status, has violated the terms of probation;

20 (13) Willfully making or filing false records or

21 reports in the practice of shorthand reporting, including

22 but not limited to false records filed with State agencies

23 or departments;

24 (14) Physical illness, including but not limited to,

25 deterioration through the aging process, or loss of motor

26 skill which results in the inability to practice under this

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1 Act with reasonable judgment, skill or safety;

2 (15) Solicitation of professional services other than

3 by permitted advertising;

4 (16) Willful failure to take full and accurate

5 stenographic notes of any proceeding;

6 (17) Willful alteration of any stenographic notes

7 taken at any proceeding;

8 (18) Willful failure to accurately transcribe verbatim

9 any stenographic notes taken at any proceeding;

10 (19) Willful alteration of a transcript of

11 stenographic notes taken at any proceeding;

12 (20) Affixing one's signature to any transcript of his

13 stenographic notes or certifying to its correctness unless

14 the transcript has been prepared by him or under his

15 immediate supervision;

16 (21) Willful failure to systematically retain

17 stenographic notes or transcripts on paper or any

18 electronic media for 10 years from the date that the notes

19 or transcripts were taken;

20 (22) Failure to deliver transcripts in a timely manner

21 or in accordance with contractual agreements;

22 (23) Establishing contingent fees as a basis of

23 compensation;

24 (24) Mental illness or disability that results in the

25 inability to practice under this Act with reasonable

26 judgment, skill, or safety;

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1 (25) Practicing under a false or assumed name, except

2 as provided by law;

3 (26) Cheating on or attempting to subvert the licensing

4 examination administered under this Act;

5 (27) Allowing one's license under this Act to be used

6 by an unlicensed person in violation of this Act.

7 All fines imposed under this Section shall be paid within

8 60 days after the effective date of the order imposing the fine

9 or in accordance with the terms set forth in the order imposing

10 the fine.

11 (b) The determination by a circuit court that a certificate

12 holder is subject to involuntary admission or judicial

13 admission as provided in the Mental Health and Developmental

14 Disabilities Code, operates as an automatic suspension. Such

15 suspension will end only upon a finding by a court that the

16 patient is no longer subject to involuntary admission or

17 judicial admission, an order by the court so finding and

18 discharging the patient. In any case where a license is

19 suspended under this Section, the licensee may file a petition

20 for restoration and shall include evidence acceptable to the

21 Department that the licensee can resume practice in compliance

22 with acceptable and prevailing standards of the profession.

23 (c) In cases where the Department of Healthcare and Family

24 Services has previously determined a licensee or a potential

25 licensee is more than 30 days delinquent in the payment of

26 child support and has subsequently certified the delinquency to

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1 the Department, the Department may refuse to issue or renew or

2 may revoke or suspend that person's license or may take other

3 disciplinary action against that person based solely upon the

4 certification of delinquency made by the Department of

5 Healthcare and Family Services in accordance with item (5) of

6 subsection (a) of Section 2105-15 of the Civil Administrative

7 Code of Illinois.

8 (d) In enforcing this Section, the Department, upon a

9 showing of a possible violation, may compel any individual who

10 is certified under this Act or any individual who has applied

11 for certification under this Act to submit to a mental or

12 physical examination and evaluation, or both, which may include

13 a substance abuse or sexual offender evaluation, at the expense

14 of the Department. The Department shall specifically designate

15 the examining physician licensed to practice medicine in all of

16 its branches or, if applicable, the multidisciplinary team

17 involved in providing the mental or physical examination and

18 evaluation, or both. The multidisciplinary team shall be led by

19 a physician licensed to practice medicine in all of its

20 branches and may consist of one or more or a combination of

21 physicians licensed to practice medicine in all of its

22 branches, licensed chiropractic physicians, licensed clinical

23 psychologists, licensed clinical social workers, licensed

24 clinical professional counselors, and other professional and

25 administrative staff. Any examining physician or member of the

26 multidisciplinary team may require any person ordered to submit

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1 to an examination and evaluation pursuant to this Section to

2 submit to any additional supplemental testing deemed necessary

3 to complete any examination or evaluation process, including,

4 but not limited to, blood testing, urinalysis, psychological

5 testing, or neuropsychological testing.

6 The Department may order the examining physician or any

7 member of the multidisciplinary team to provide to the

8 Department any and all records, including business records,

9 that relate to the examination and evaluation, including any

10 supplemental testing performed. The Department may order the

11 examining physician or any member of the multidisciplinary team

12 to present testimony concerning this examination and

13 evaluation of the certified shorthand reporter or applicant,

14 including testimony concerning any supplemental testing or

15 documents relating to the examination and evaluation. No

16 information, report, record, or other documents in any way

17 related to the examination and evaluation shall be excluded by

18 reason of any common law or statutory privilege relating to

19 communication between the licensee or applicant and the

20 examining physician or any member of the multidisciplinary

21 team. No authorization is necessary from the certified

22 shorthand reporter or applicant ordered to undergo an

23 evaluation and examination for the examining physician or any

24 member of the multidisciplinary team to provide information,

25 reports, records, or other documents or to provide any

26 testimony regarding the examination and evaluation. The

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1 individual to be examined may have, at his or her own expense,

2 another physician of his or her choice present during all

3 aspects of the examination.

4 Failure of any individual to submit to mental or physical

5 examination and evaluation, or both, when directed, shall

6 result in an automatic suspension, without hearing, until such

7 time as the individual submits to the examination. If the

8 Department finds a certified shorthand reporter unable to

9 practice because of the reasons set forth in this Section, the

10 Department shall require the certified shorthand reporter to

11 submit to care, counseling, or treatment by physicians approved

12 or designated by the Department, as a condition for continued,

13 reinstated, or renewed certification.

14 When the Secretary immediately suspends a certificate

15 under this Section, a hearing upon the person's certificate

16 must be convened by the Department within 15 days after the

17 suspension and completed without appreciable delay. The

18 Department shall have the authority to review the certified

19 shorthand reporter's record of treatment and counseling

20 regarding the impairment, to the extent permitted by applicable

21 federal statutes and regulations safeguarding the

22 confidentiality of medical records.

23 Individuals certified under this Act, affected under this

24 Section, shall be afforded an opportunity to demonstrate to the

25 Department that they can resume practice in compliance with

26 acceptable and prevailing standards under the provisions of

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1 their certification.

2 (e) (Blank). ~~The Department shall deny a license or renewal~~

3 ~~authorized by this Act to a person who has defaulted on an~~

4 ~~educational loan or scholarship provided or guaranteed by the~~

5 ~~Illinois Student Assistance Commission or any governmental~~

6 ~~agency of this State in accordance with item (5) of subsection~~

7 ~~(a) of Section 2105-15 of the Civil Administrative Code of~~

8 ~~Illinois.~~

9 (f) The Department may refuse to issue or may suspend

10 without hearing, as provided for in the Code of Civil

11 Procedure, the license of any person who fails to file a

12 return, to pay the tax, penalty, or interest shown in a filed

13 return, or to pay any final assessment of tax, penalty, or

14 interest as required by any tax Act administered by the

15 Illinois Department of Revenue, until such time as the

16 requirements of any such tax Act are satisfied in accordance

17 with subsection (g) of Section 2105-15 of the Civil

18 Administrative Code of Illinois.

19 (Source: P.A. 98-445, eff. 12-31-13; 98-756, eff. 7-16-14.)

20 Section 140. The Collection Agency Act is amended by

21 changing Section 9 as follows:

22 (225 ILCS 425/9) (from Ch. 111, par. 2012)

23 (Section scheduled to be repealed on January 1, 2026)

24 Sec. 9. Disciplinary actions.

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1 (a) The Department may refuse to issue or renew, or may

2 revoke, suspend, place on probation, reprimand or take other

3 disciplinary or non-disciplinary action as the Department may

4 deem proper, including fines not to exceed $10,000 per

5 violation, for any one or any combination of the following

6 causes:

7 (1) Material misstatement in furnishing information to

8 the Department.

9 (2) Violations of this Act or of the rules promulgated

10 hereunder.

11 (3) Conviction by plea of guilty or nolo contendere,

12 finding of guilt, jury verdict, or entry of judgment or by

13 sentencing of any crime, including, but not limited to,

14 convictions, preceding sentences of supervision,

15 conditional discharge, or first offender probation of the

16 collection agency or any of the officers or owners of more

17 than 10% interest of the agency of any crime under the laws

18 of any U.S. jurisdiction that (i) is a felony, (ii) is a

19 misdemeanor, an essential element of which is dishonesty,

20 or (iii) is directly related to the practice of a

21 collection agency.

22 (4) Fraud or misrepresentation in applying for, or

23 procuring, a license under this Act or in connection with

24 applying for renewal of a license under this Act.

25 (5) Aiding or assisting another person in violating any

26 provision of this Act or rules adopted under this Act.

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1 (6) Failing, within 60 days, to provide information in

2 response to a written request made by the Department.

3 (7) Habitual or excessive use or addiction to alcohol,

4 narcotics, stimulants or any other chemical agent or drug

5 which results in the inability to practice with reasonable

6 judgment, skill, or safety by any of the officers or owners

7 of 10% or more interest of a collection agency.

8 (8) Discipline by another state, the District of

9 Columbia, a territory of the United States, or a foreign

10 nation, if at least one of the grounds for the discipline

11 is the same or substantially equivalent to those set forth

12 in this Act.

13 (9) A finding by the Department that the licensee,

14 after having his license placed on probationary status, has

15 violated the terms of probation.

16 (10) Willfully making or filing false records or

17 reports in his or her practice, including, but not limited

18 to, false records filed with State agencies or departments.

19 (11) Practicing or attempting to practice under a false

20 or, except as provided by law, an assumed name.

21 (12) A finding by the Federal Trade Commission that a

22 licensee violated the federal Fair Debt Collection

23 Practices Act or its rules.

24 (13) Failure to file a return, or to pay the tax,

25 penalty or interest shown in a filed return, or to pay any

26 final assessment of tax, penalty or interest, as required

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1 by any tax Act administered by the Illinois Department of

2 Revenue until such time as the requirements of any such tax

3 Act are satisfied.

4 (14) Using or threatening to use force or violence to

5 cause physical harm to a debtor, his or her family or his

6 or her property.

7 (15) Threatening to instigate an arrest or criminal

8 prosecution where no basis for a criminal complaint

9 lawfully exists.

10 (16) Threatening the seizure, attachment or sale of a

11 debtor's property where such action can only be taken

12 pursuant to court order without disclosing that prior court

13 proceedings are required.

14 (17) Disclosing or threatening to disclose information

15 adversely affecting a debtor's reputation for credit

16 worthiness with knowledge the information is false.

17 (18) Initiating or threatening to initiate

18 communication with a debtor's employer unless there has

19 been a default of the payment of the obligation for at

20 least 30 days and at least 5 days prior written notice, to

21 the last known address of the debtor, of the intention to

22 communicate with the employer has been given to the

23 employee, except as expressly permitted by law or court

24 order.

25 (19) Communicating with the debtor or any member of

26 the debtor's family at such a time of day or night and with

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1 such frequency as to constitute harassment of the debtor or

2 any member of the debtor's family. For purposes of this

3 Section the following conduct shall constitute harassment:

4 (A) Communicating with the debtor or any member of

5 his or her family in connection with the collection of

6 any debt without the prior consent of the debtor given

7 directly to the debt collector, or the express

8 permission of a court of competent jurisdiction, at any

9 unusual time or place or a time or place known or which

10 should be known to be inconvenient to the debtor. In

11 the absence of knowledge of circumstances to the

12 contrary, a debt collector shall assume that the

13 convenient time for communicating with a consumer is

14 after 8 o'clock a.m. and before 9 o'clock p.m. local

15 time at the debtor's location.

16 (B) The threat of publication or publication of a

17 list of consumers who allegedly refuse to pay debts,

18 except to a consumer reporting agency.

19 (C) The threat of advertisement or advertisement

20 for sale of any debt to coerce payment of the debt.

21 (D) Causing a telephone to ring or engaging any

22 person in telephone conversation repeatedly or

23 continuously with intent to annoy, abuse, or harass any

24 person at the called number.

25 (20) Using profane, obscene or abusive language in

26 communicating with a debtor, his or her family or others.

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1 (21) Disclosing or threatening to disclose information

2 relating to a debtor's debt to any other person except

3 where such other person has a legitimate business need for

4 the information or except where such disclosure is

5 permitted by law.

6 (22) Disclosing or threatening to disclose information

7 concerning the existence of a debt which the collection

8 agency knows to be disputed by the debtor without

9 disclosing the fact that the debtor disputes the debt.

10 (23) Engaging in any conduct that is intended to cause

11 and did cause mental or physical illness to the debtor or

12 his or her family.

13 (24) Attempting or threatening to enforce a right or

14 remedy with knowledge or reason to know that the right or

15 remedy does not exist.

16 (25) Failing to disclose to the debtor or his or her

17 family the corporate, partnership or proprietary name, or

18 other trade or business name, under which the collection

19 agency is engaging in debt collections and which he or she

20 is legally authorized to use.

21 (26) Using any form of communication which simulates

22 legal or judicial process or which gives the appearance of

23 being authorized, issued or approved by a governmental

24 agency or official or by an attorney at law when it is not.

25 (27) Using any badge, uniform, or other indicia of any

26 governmental agency or official except as authorized by

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1 law.

2 (28) Conducting business under any name or in any

3 manner which suggests or implies that the collection agency

4 is a branch of or is affiliated in any way with a

5 governmental agency or court if such collection agency is

6 not.

7 (29) Failing to disclose, at the time of making any

8 demand for payment, the name of the person to whom the debt

9 is owed and at the request of the debtor, the address where

10 payment is to be made and the address of the person to whom

11 the debt is owed.

12 (30) Misrepresenting the amount of the debt alleged to

13 be owed.

14 (31) Representing that an existing debt may be

15 increased by the addition of attorney's fees,

16 investigation fees or any other fees or charges when such

17 fees or charges may not legally be added to the existing

18 debt.

19 (32) Representing that the collection agency is an

20 attorney at law or an agent for an attorney if he or she is

21 not.

22 (33) Collecting or attempting to collect any interest

23 or other charge or fee in excess of the actual debt unless

24 such interest or other charge or fee is expressly

25 authorized by the agreement creating the debt unless

26 expressly authorized by law or unless in a commercial

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1 transaction such interest or other charge or fee is

2 expressly authorized in a subsequent agreement. If a

3 contingency or hourly fee arrangement (i) is established

4 under an agreement between a collection agency and a

5 creditor to collect a debt and (ii) is paid by a debtor

6 pursuant to a contract between the debtor and the creditor,

7 then that fee arrangement does not violate this Section

8 unless the fee is unreasonable. The Department shall

9 determine what constitutes a reasonable collection fee.

10 (34) Communicating or threatening to communicate with

11 a debtor when the collection agency is informed in writing

12 by an attorney that the attorney represents the debtor

13 concerning the debt. If the attorney fails to respond

14 within a reasonable period of time, the collector may

15 communicate with the debtor. The collector may communicate

16 with the debtor when the attorney gives his or her consent.

17 (35) Engaging in dishonorable, unethical, or

18 unprofessional conduct of a character likely to deceive,

19 defraud, or harm the public.

20 (b) ~~The Department shall deny any license or renewal~~

21 ~~authorized by this Act to any person who has defaulted on an~~

22 ~~educational loan guaranteed by the Illinois State Scholarship~~

23 ~~Commission; however, the Department may issue a license or~~

24 ~~renewal if the person in default has established a satisfactory~~

25 ~~repayment record as determined by the Illinois State~~

26 ~~Scholarship Commission.~~ No collection agency while collecting

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1 or attempting to collect a debt shall engage in any of the Acts

2 specified in this Section, each of which shall be unlawful

3 practice.

4 (Source: P.A. 99-227, eff. 8-3-15.)

5 Section 145. The Community Association Manager Licensing

6 and Disciplinary Act is amended by changing Section 85 as

7 follows:

8 (225 ILCS 427/85)

9 (Section scheduled to be repealed on January 1, 2020)

10 Sec. 85. Grounds for discipline; refusal, revocation, or

11 suspension.

12 (a) The Department may refuse to issue or renew a license,

13 or may place on probation, reprimand, suspend, or revoke any

14 license, or take any other disciplinary or non-disciplinary

15 action as the Department may deem proper and impose a fine not

16 to exceed $10,000 for each violation upon any licensee or

17 applicant under this Act or any person or entity who holds

18 himself, herself, or itself out as an applicant or licensee for

19 any one or combination of the following causes:

20 (1) Material misstatement in furnishing information to

21 the Department.

22 (2) Violations of this Act or its rules.

23 (3) Conviction of or entry of a plea of guilty or plea

24 of nolo contendere to a felony or a misdemeanor under the

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1 laws of the United States, any state, or any other

2 jurisdiction or entry of an administrative sanction by a

3 government agency in this State or any other jurisdiction.

4 Action taken under this paragraph (3) for a misdemeanor or

5 an administrative sanction is limited to a misdemeanor or

6 administrative sanction that has as an essential element

7 dishonesty or fraud, that involves larceny, embezzlement,

8 or obtaining money, property, or credit by false pretenses

9 or by means of a confidence game, or that is directly

10 related to the practice of the profession.

11 (4) Making any misrepresentation for the purpose of

12 obtaining a license or violating any provision of this Act

13 or its rules.

14 (5) Professional incompetence.

15 (6) Gross negligence.

16 (7) Aiding or assisting another person in violating any

17 provision of this Act or its rules.

18 (8) Failing, within 30 days, to provide information in

19 response to a request made by the Department.

20 (9) Engaging in dishonorable, unethical, or

21 unprofessional conduct of a character likely to deceive,

22 defraud or harm the public as defined by the rules of the

23 Department, or violating the rules of professional conduct

24 adopted by the Department.

25 (10) Habitual or excessive use or addiction to alcohol,

26 narcotics, stimulants, or any other chemical agent or drug

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1 that results in the inability to practice with reasonable

2 judgment, skill, or safety.

3 (11) Having been disciplined by another state, the

4 District of Columbia, a territory, a foreign nation, or a

5 governmental agency authorized to impose discipline if at

6 least one of the grounds for the discipline is the same or

7 substantially equivalent of one of the grounds for which a

8 licensee may be disciplined under this Act. A certified

9 copy of the record of the action by the other state or

10 jurisdiction shall be prima facie evidence thereof.

11 (12) Directly or indirectly giving to or receiving from

12 any person, firm, corporation, partnership or association

13 any fee, commission, rebate, or other form of compensation

14 for any professional services not actually or personally

15 rendered.

16 (13) A finding by the Department that the licensee,

17 after having his, her, or its license placed on

18 probationary status, has violated the terms of probation.

19 (14) Willfully making or filing false records or

20 reports relating to a licensee's practice, including but

21 not limited to false records filed with any State or

22 federal agencies or departments.

23 (15) Being named as a perpetrator in an indicated

24 report by the Department of Children and Family Services

25 under the Abused and Neglected Child Reporting Act and upon

26 proof by clear and convincing evidence that the licensee

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1 has caused a child to be an abused child or neglected child

2 as defined in the Abused and Neglected Child Reporting Act.

3 (16) Physical illness or mental illness or impairment,

4 including, but not limited to, deterioration through the

5 aging process or loss of motor skill that results in the

6 inability to practice the profession with reasonable

7 judgment, skill, or safety.

8 (17) Solicitation of professional services by using

9 false or misleading advertising.

10 (18) A finding that licensure has been applied for or

11 obtained by fraudulent means.

12 (19) Practicing or attempting to practice under a name

13 other than the full name as shown on the license or any

14 other legally authorized name.

15 (20) Gross overcharging for professional services

16 including, but not limited to, (i) collection of fees or

17 moneys for services that are not rendered; and (ii)

18 charging for services that are not in accordance with the

19 contract between the licensee and the community

20 association.

21 (21) Improper commingling of personal and client funds

22 in violation of this Act or any rules promulgated thereto.

23 (22) Failing to account for or remit any moneys or

24 documents coming into the licensee's possession that

25 belong to another person or entity.

26 (23) Giving differential treatment to a person that is

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1 to that person's detriment because of race, color, creed,

2 sex, religion, or national origin.

3 (24) Performing and charging for services without

4 reasonable authorization to do so from the person or entity

5 for whom service is being provided.

6 (25) Failing to make available to the Department, upon

7 request, any books, records, or forms required by this Act.

8 (26) Purporting to be a supervising community

9 association manager of a firm without active participation

10 in the firm.

11 (27) Failing to make available to the Department at the

12 time of the request any indicia of licensure or

13 registration issued under this Act.

14 (28) Failing to maintain and deposit funds belonging to

15 a community association in accordance with subsection (b)

16 of Section 55 of this Act.

17 (29) Violating the terms of a disciplinary order issued

18 by the Department.

19 (b) (Blank). ~~In accordance with subdivision (a)(5) of~~

20 ~~Section 2105-15 of the Department of Professional Regulation~~

21 ~~Law of the Civil Administrative Code of Illinois (20 ILCS~~

22 ~~2105/2105-15), the Department shall deny a license or renewal~~

23 ~~authorized by this Act to a person who has defaulted on an~~

24 ~~educational loan or scholarship provided or guaranteed by the~~

25 ~~Illinois Student Assistance Commission or any governmental~~

26 ~~agency of this State.~~

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1 (c) The determination by a circuit court that a licensee is

2 subject to involuntary admission or judicial admission, as

3 provided in the Mental Health and Developmental Disabilities

4 Code, operates as an automatic suspension. The suspension will

5 terminate only upon a finding by a court that the patient is no

6 longer subject to involuntary admission or judicial admission

7 and the issuance of an order so finding and discharging the

8 patient, and upon the recommendation of the Board to the

9 Secretary that the licensee be allowed to resume his or her

10 practice as a licensed community association manager.

11 (d) In accordance with subsection (g) of Section 2105-15 of

12 the Department of Professional Regulation Law of the Civil

13 Administrative Code of Illinois (20 ILCS 2105/2105-15), the

14 Department may refuse to issue or renew or may suspend the

15 license of any person who fails to file a return, to pay the

16 tax, penalty, or interest shown in a filed return, or to pay

17 any final assessment of tax, penalty, or interest, as required

18 by any tax Act administered by the Department of Revenue, until

19 such time as the requirements of that tax Act are satisfied.

20 (e) In accordance with subdivision (a)(5) of Section

21 2105-15 of the Department of Professional Regulation Law of the

22 Civil Administrative Code of Illinois (20 ILCS 2105/2105-15)

23 and in cases where the Department of Healthcare and Family

24 Services (formerly Department of Public Aid) has previously

25 determined that a licensee or a potential licensee is more than

26 30 days delinquent in the payment of child support and has

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1 subsequently certified the delinquency to the Department may

2 refuse to issue or renew or may revoke or suspend that person's

3 license or may take other disciplinary action against that

4 person based solely upon the certification of delinquency made

5 by the Department of Healthcare and Family Services.

6 (f) In enforcing this Section, the Department or Board upon

7 a showing of a possible violation may compel a licensee or an

8 individual licensed to practice under this Act, or who has

9 applied for licensure under this Act, to submit to a mental or

10 physical examination, or both, as required by and at the

11 expense of the Department. The Department or Board may order

12 the examining physician to present testimony concerning the

13 mental or physical examination of the licensee or applicant. No

14 information shall be excluded by reason of any common law or

15 statutory privilege relating to communications between the

16 licensee or applicant and the examining physician. The

17 examining physicians shall be specifically designated by the

18 Board or Department. The individual to be examined may have, at

19 his or her own expense, another physician of his or her choice

20 present during all aspects of this examination. Failure of an

21 individual to submit to a mental or physical examination, when

22 directed, shall be grounds for suspension of his or her license

23 or denial of his or her application or renewal until the

24 individual submits to the examination if the Department finds,

25 after notice and hearing, that the refusal to submit to the

26 examination was without reasonable cause.

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1 If the Department or Board finds an individual unable to

2 practice because of the reasons set forth in this Section, the

3 Department or Board may require that individual to submit to

4 care, counseling, or treatment by physicians approved or

5 designated by the Department or Board, as a condition, term, or

6 restriction for continued, reinstated, or renewed licensure to

7 practice; or, in lieu of care, counseling, or treatment, the

8 Department may file, or the Board may recommend to the

9 Department to file, a complaint to immediately suspend, revoke,

10 deny, or otherwise discipline the license of the individual. An

11 individual whose license was granted, continued, reinstated,

12 renewed, disciplined or supervised subject to such terms,

13 conditions, or restrictions, and who fails to comply with such

14 terms, conditions, or restrictions, shall be referred to the

15 Secretary for a determination as to whether the individual

16 shall have his or her license suspended immediately, pending a

17 hearing by the Department.

18 In instances in which the Secretary immediately suspends a

19 person's license under this Section, a hearing on that person's

20 license must be convened by the Department within 30 days after

21 the suspension and completed without appreciable delay. The

22 Department and Board shall have the authority to review the

23 subject individual's record of treatment and counseling

24 regarding the impairment to the extent permitted by applicable

25 federal statutes and regulations safeguarding the

26 confidentiality of medical records.

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1 An individual licensed under this Act and affected under

2 this Section shall be afforded an opportunity to demonstrate to

3 the Department or Board that he or she can resume practice in

4 compliance with acceptable and prevailing standards under the

5 provisions of his or her license.

6 (Source: P.A. 97-333, eff. 8-12-11; 98-365, eff. 1-1-14;

7 98-756, eff. 7-16-14.)

8 Section 150. The Detection of Deception Examiners Act is

9 amended by changing Section 14 as follows:

10 (225 ILCS 430/14) (from Ch. 111, par. 2415)

11 (Section scheduled to be repealed on January 1, 2022)

12 Sec. 14. (a) The Department may refuse to issue or renew or

13 may revoke, suspend, place on probation, reprimand, or take

14 other disciplinary or non-disciplinary action as the

15 Department may deem appropriate, including imposing fines not

16 to exceed $10,000 for each violation, with regard to any

17 license for any one or a combination of the following:

18 (1) Material misstatement in furnishing information to

19 the Department.

20 (2) Violations of this Act, or of the rules adopted

21 under this Act.

22 (3) Conviction by plea of guilty or nolo contendere,

23 finding of guilt, jury verdict, or entry of judgment or by

24 sentencing of any crime, including, but not limited to,

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1 convictions, preceding sentences of supervision,

2 conditional discharge, or first offender probation, under

3 the laws of any jurisdiction of the United States: (i) that

4 is a felony or (ii) that is a misdemeanor, an essential

5 element of which is dishonesty, or that is directly related

6 to the practice of the profession.

7 (4) Making any misrepresentation for the purpose of

8 obtaining licensure or violating any provision of this Act

9 or the rules adopted under this Act pertaining to

10 advertising.

11 (5) Professional incompetence.

12 (6) Allowing one's license under this Act to be used by

13 an unlicensed person in violation of this Act.

14 (7) Aiding or assisting another person in violating

15 this Act or any rule adopted under this Act.

16 (8) Where the license holder has been adjudged mentally

17 ill, mentally deficient or subject to involuntary

18 admission as provided in the Mental Health and

19 Developmental Disabilities Code.

20 (9) Failing, within 60 days, to provide information in

21 response to a written request made by the Department.

22 (10) Engaging in dishonorable, unethical, or

23 unprofessional conduct of a character likely to deceive,

24 defraud, or harm the public.

25 (11) Inability to practice with reasonable judgment,

26 skill, or safety as a result of habitual or excessive use

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1 or addiction to alcohol, narcotics, stimulants, or any

2 other chemical agent or drug.

3 (12) Discipline by another state, District of

4 Columbia, territory, or foreign nation, if at least one of

5 the grounds for the discipline is the same or substantially

6 equivalent to those set forth in this Section.

7 (13) A finding by the Department that the licensee,

8 after having his or her license placed on probationary

9 status, has violated the terms of probation.

10 (14) Willfully making or filing false records or

11 reports in his or her practice, including, but not limited

12 to, false records filed with State agencies or departments.

13 (15) Inability to practice the profession with

14 reasonable judgment, skill, or safety as a result of a

15 physical illness, including, but not limited to,

16 deterioration through the aging process or loss of motor

17 skill, or a mental illness or disability.

18 (16) Charging for professional services not rendered,

19 including filing false statements for the collection of

20 fees for which services are not rendered.

21 (17) Practicing under a false or, except as provided by

22 law, an assumed name.

23 (18) Fraud or misrepresentation in applying for, or

24 procuring, a license under this Act or in connection with

25 applying for renewal of a license under this Act.

26 (19) Cheating on or attempting to subvert the licensing

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1 examination administered under this Act.

2 All fines imposed under this Section shall be paid within

3 60 days after the effective date of the order imposing the

4 fine.

5 (b) The Department may refuse to issue or may suspend

6 without hearing, as provided for in the Code of Civil

7 Procedure, the license of any person who fails to file a

8 return, or pay the tax, penalty, or interest shown in a filed

9 return, or pay any final assessment of the tax, penalty, or

10 interest as required by any tax Act administered by the

11 Illinois Department of Revenue, until such time as the

12 requirements of any such tax Act are satisfied in accordance

13 with subsection (g) of Section 2105-15 of the Civil

14 Administrative Code of Illinois.

15 (c) (Blank). ~~The Department shall deny a license or renewal~~

16 ~~authorized by this Act to a person who has defaulted on an~~

17 ~~educational loan or scholarship provided or guaranteed by the~~

18 ~~Illinois Student Assistance Commission or any governmental~~

19 ~~agency of this State in accordance with item (5) of subsection~~

20 ~~(a) of Section 2105-15 of the Civil Administrative Code of~~

21 ~~Illinois.~~

22 (d) In cases where the Department of Healthcare and Family

23 Services has previously determined a licensee or a potential

24 licensee is more than 30 days delinquent in the payment of

25 child support and has subsequently certified the delinquency to

26 the Department, the Department may refuse to issue or renew or

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1 may revoke or suspend that person's license or may take other

2 disciplinary action against that person based solely upon the

3 certification of delinquency made by the Department of

4 Healthcare and Family Services in accordance with item (5) of

5 subsection (a) of Section 2105-15 of the Civil Administrative

6 Code of Illinois.

7 (e) The determination by a circuit court that a licensee is

8 subject to involuntary admission or judicial admission, as

9 provided in the Mental Health and Developmental Disabilities

10 Code, operates as an automatic suspension. The suspension will

11 end only upon a finding by a court that the patient is no

12 longer subject to involuntary admission or judicial admission

13 and the issuance of an order so finding and discharging the

14 patient.

15 (f) In enforcing this Act, the Department, upon a showing

16 of a possible violation, may compel an individual licensed to

17 practice under this Act, or who has applied for licensure under

18 this Act, to submit to a mental or physical examination, or

19 both, as required by and at the expense of the Department. The

20 Department may order the examining physician to present

21 testimony concerning the mental or physical examination of the

22 licensee or applicant. No information shall be excluded by

23 reason of any common law or statutory privilege relating to

24 communications between the licensee or applicant and the

25 examining physician. The examining physicians shall be

26 specifically designated by the Department. The individual to be

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1 examined may have, at his or her own expense, another physician

2 of his or her choice present during all aspects of this

3 examination. The examination shall be performed by a physician

4 licensed to practice medicine in all its branches. Failure of

5 an individual to submit to a mental or physical examination,

6 when directed, shall result in an automatic suspension without

7 hearing.

8 A person holding a license under this Act or who has

9 applied for a license under this Act who, because of a physical

10 or mental illness or disability, including, but not limited to,

11 deterioration through the aging process or loss of motor skill,

12 is unable to practice the profession with reasonable judgment,

13 skill, or safety, may be required by the Department to submit

14 to care, counseling, or treatment by physicians approved or

15 designated by the Department as a condition, term, or

16 restriction for continued, reinstated, or renewed licensure to

17 practice. Submission to care, counseling, or treatment as

18 required by the Department shall not be considered discipline

19 of a license. If the licensee refuses to enter into a care,

20 counseling, or treatment agreement or fails to abide by the

21 terms of the agreement, the Department may file a complaint to

22 revoke, suspend, or otherwise discipline the license of the

23 individual. The Secretary may order the license suspended

24 immediately, pending a hearing by the Department. Fines shall

25 not be assessed in disciplinary actions involving physical or

26 mental illness or impairment.

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1 In instances in which the Secretary immediately suspends a

2 person's license under this Section, a hearing on that person's

3 license must be convened by the Department within 15 days after

4 the suspension and completed without appreciable delay. The

5 Department shall have the authority to review the subject

6 individual's record of treatment and counseling regarding the

7 impairment to the extent permitted by applicable federal

8 statutes and regulations safeguarding the confidentiality of

9 medical records.

10 An individual licensed under this Act and affected under

11 this Section shall be afforded an opportunity to demonstrate to

12 the Department that he or she can resume practice in compliance

13 with acceptable and prevailing standards under the provisions

14 of his or her license.

15 (Source: P.A. 97-168, eff. 7-22-11; 98-463, eff. 8-16-13;

16 98-756, eff. 7-16-14.)

17 Section 155. The Home Inspector License Act is amended by

18 changing Section 15-10 as follows:

19 (225 ILCS 441/15-10)

20 (Section scheduled to be repealed on January 1, 2022)

21 Sec. 15-10. Grounds for disciplinary action.

22 (a) The Department may refuse to issue or renew, or may

23 revoke, suspend, place on probation, reprimand, or take other

24 disciplinary or non-disciplinary action as the Department may

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1 deem appropriate, including imposing fines not to exceed

2 $25,000 for each violation, with regard to any license for any

3 one or combination of the following:

4 (1) Fraud or misrepresentation in applying for, or

5 procuring a license under this Act or in connection with

6 applying for renewal of a license under this Act.

7 (2) Failing to meet the minimum qualifications for

8 licensure as a home inspector established by this Act.

9 (3) Paying money, other than for the fees provided for

10 by this Act, or anything of value to an employee of the

11 Department to procure licensure under this Act.

12 (4) Conviction by plea of guilty or nolo contendere,

13 finding of guilt, jury verdict, or entry of judgment or by

14 sentencing of any crime, including, but not limited to,

15 convictions, preceding sentences of supervision,

16 conditional discharge, or first offender probation, under

17 the laws of any jurisdiction of the United States: (i) that

18 is a felony; (ii) that is a misdemeanor, an essential

19 element of which is dishonesty, or that is directly related

20 to the practice of the profession; or (iii) that is a crime

21 that subjects the licensee to compliance with the

22 requirements of the Sex Offender Registration Act.

23 (5) Committing an act or omission involving

24 dishonesty, fraud, or misrepresentation with the intent to

25 substantially benefit the licensee or another person or

26 with the intent to substantially injure another person.

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1 (6) Violating a provision or standard for the

2 development or communication of home inspections as

3 provided in Section 10-5 of this Act or as defined in the

4 rules.

5 (7) Failing or refusing to exercise reasonable

6 diligence in the development, reporting, or communication

7 of a home inspection report, as defined by this Act or the

8 rules.

9 (8) Violating a provision of this Act or the rules.

10 (9) Having been disciplined by another state, the

11 District of Columbia, a territory, a foreign nation, a

12 governmental agency, or any other entity authorized to

13 impose discipline if at least one of the grounds for that

14 discipline is the same as or substantially equivalent to

15 one of the grounds for which a licensee may be disciplined

16 under this Act.

17 (10) Engaging in dishonorable, unethical, or

18 unprofessional conduct of a character likely to deceive,

19 defraud, or harm the public.

20 (11) Accepting an inspection assignment when the

21 employment itself is contingent upon the home inspector

22 reporting a predetermined analysis or opinion, or when the

23 fee to be paid is contingent upon the analysis, opinion, or

24 conclusion reached or upon the consequences resulting from

25 the home inspection assignment.

26 (12) Developing home inspection opinions or

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1 conclusions based on the race, color, religion, sex,

2 national origin, ancestry, age, marital status, family

3 status, physical or mental disability, or unfavorable

4 military discharge, as defined under the Illinois Human

5 Rights Act, of the prospective or present owners or

6 occupants of the area or property under home inspection.

7 (13) Being adjudicated liable in a civil proceeding on

8 grounds of fraud, misrepresentation, or deceit. In a

9 disciplinary proceeding based upon a finding of civil

10 liability, the home inspector shall be afforded an

11 opportunity to present mitigating and extenuating

12 circumstances, but may not collaterally attack the civil

13 adjudication.

14 (14) Being adjudicated liable in a civil proceeding for

15 violation of a State or federal fair housing law.

16 (15) Engaging in misleading or untruthful advertising

17 or using a trade name or insignia of membership in a home

18 inspection organization of which the licensee is not a

19 member.

20 (16) Failing, within 30 days, to provide information in

21 response to a written request made by the Department.

22 (17) Failing to include within the home inspection

23 report the home inspector's license number and the date of

24 expiration of the license. All home inspectors providing

25 significant contribution to the development and reporting

26 of a home inspection must be disclosed in the home

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1 inspection report. It is a violation of this Act for a home

2 inspector to sign a home inspection report knowing that a

3 person providing a significant contribution to the report

4 has not been disclosed in the home inspection report.

5 (18) Advising a client as to whether the client should

6 or should not engage in a transaction regarding the

7 residential real property that is the subject of the home

8 inspection.

9 (19) Performing a home inspection in a manner that

10 damages or alters the residential real property that is the

11 subject of the home inspection without the consent of the

12 owner.

13 (20) Performing a home inspection when the home

14 inspector is providing or may also provide other services

15 in connection with the residential real property or

16 transaction, or has an interest in the residential real

17 property, without providing prior written notice of the

18 potential or actual conflict and obtaining the prior

19 consent of the client as provided by rule.

20 (21) Aiding or assisting another person in violating

21 any provision of this Act or rules adopted under this Act.

22 (22) Inability to practice with reasonable judgment,

23 skill, or safety as a result of habitual or excessive use

24 or addiction to alcohol, narcotics, stimulants, or any

25 other chemical agent or drug.

26 (23) A finding by the Department that the licensee,

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1 after having his or her license placed on probationary

2 status, has violated the terms of probation.

3 (24) Willfully making or filing false records or

4 reports in his or her practice, including, but not limited

5 to, false records filed with State agencies or departments.

6 (25) Charging for professional services not rendered,

7 including filing false statements for the collection of

8 fees for which services are not rendered.

9 (26) Practicing under a false or, except as provided by

10 law, an assumed name.

11 (27) Cheating on or attempting to subvert the licensing

12 examination administered under this Act.

13 (b) The Department may suspend, revoke, or refuse to issue

14 or renew an education provider's license, may reprimand, place

15 on probation, or otherwise discipline an education provider

16 licensee, and may suspend or revoke the course approval of any

17 course offered by an education provider, for any of the

18 following:

19 (1) Procuring or attempting to procure licensure by

20 knowingly making a false statement, submitting false

21 information, making any form of fraud or

22 misrepresentation, or refusing to provide complete

23 information in response to a question in an application for

24 licensure.

25 (2) Failing to comply with the covenants certified to

26 on the application for licensure as an education provider.

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1 (3) Committing an act or omission involving

2 dishonesty, fraud, or misrepresentation or allowing any

3 such act or omission by any employee or contractor under

4 the control of the education provider.

5 (4) Engaging in misleading or untruthful advertising.

6 (5) Failing to retain competent instructors in

7 accordance with rules adopted under this Act.

8 (6) Failing to meet the topic or time requirements for

9 course approval as the provider of a pre-license curriculum

10 course or a continuing education course.

11 (7) Failing to administer an approved course using the

12 course materials, syllabus, and examinations submitted as

13 the basis of the course approval.

14 (8) Failing to provide an appropriate classroom

15 environment for presentation of courses, with

16 consideration for student comfort, acoustics, lighting,

17 seating, workspace, and visual aid material.

18 (9) Failing to maintain student records in compliance

19 with the rules adopted under this Act.

20 (10) Failing to provide a certificate, transcript, or

21 other student record to the Department or to a student as

22 may be required by rule.

23 (11) Failing to fully cooperate with a Department

24 investigation by knowingly making a false statement,

25 submitting false or misleading information, or refusing to

26 provide complete information in response to written

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1 interrogatories or a written request for documentation

2 within 30 days of the request.

3 (c) In appropriate cases, the Department may resolve a

4 complaint against a licensee through the issuance of a Consent

5 to Administrative Supervision order. A licensee subject to a

6 Consent to Administrative Supervision order shall be

7 considered by the Department as an active licensee in good

8 standing. This order shall not be reported as or considered by

9 the Department to be a discipline of the licensee. The records

10 regarding an investigation and a Consent to Administrative

11 Supervision order shall be considered confidential and shall

12 not be released by the Department except as mandated by law.

13 The complainant shall be notified that his or her complaint has

14 been resolved by a Consent to Administrative Supervision order.

15 (d) The Department may refuse to issue or may suspend

16 without hearing, as provided for in the Code of Civil

17 Procedure, the license of any person who fails to file a tax

18 return, to pay the tax, penalty, or interest shown in a filed

19 tax return, or to pay any final assessment of tax, penalty, or

20 interest, as required by any tax Act administered by the

21 Illinois Department of Revenue, until such time as the

22 requirements of the tax Act are satisfied in accordance with

23 subsection (g) of Section 2105-15 of the Civil Administrative

24 Code of Illinois.

25 (e) (Blank). ~~The Department shall deny a license or renewal~~

26 ~~authorized by this Act to a person who has defaulted on an~~

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1 ~~educational loan or scholarship provided or guaranteed by the~~

2 ~~Illinois Student Assistance Commission or any governmental~~

3 ~~agency of this State in accordance with item (5) of subsection~~

4 ~~(a) of Section 2105-15 of the Civil Administrative Code of~~

5 ~~Illinois.~~

6 (f) In cases where the Department of Healthcare and Family

7 Services has previously determined that a licensee or a

8 potential licensee is more than 30 days delinquent in the

9 payment of child support and has subsequently certified the

10 delinquency to the Department, the Department may refuse to

11 issue or renew or may revoke or suspend that person's license

12 or may take other disciplinary action against that person based

13 solely upon the certification of delinquency made by the

14 Department of Healthcare and Family Services in accordance with

15 item (5) of subsection (a) of Section 2105-15 of the Civil

16 Administrative Code of Illinois.

17 (g) The determination by a circuit court that a licensee is

18 subject to involuntary admission or judicial admission, as

19 provided in the Mental Health and Developmental Disabilities

20 Code, operates as an automatic suspension. The suspension will

21 end only upon a finding by a court that the patient is no

22 longer subject to involuntary admission or judicial admission

23 and the issuance of a court order so finding and discharging

24 the patient.

25 (h) In enforcing this Act, the Department, upon a showing

26 of a possible violation, may compel an individual licensed to

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1 practice under this Act, or who has applied for licensure under

2 this Act, to submit to a mental or physical examination, or

3 both, as required by and at the expense of the Department. The

4 Department may order the examining physician to present

5 testimony concerning the mental or physical examination of the

6 licensee or applicant. No information shall be excluded by

7 reason of any common law or statutory privilege relating to

8 communications between the licensee or applicant and the

9 examining physician. The examining physician shall be

10 specifically designated by the Department. The individual to be

11 examined may have, at his or her own expense, another physician

12 of his or her choice present during all aspects of this

13 examination. The examination shall be performed by a physician

14 licensed to practice medicine in all its branches. Failure of

15 an individual to submit to a mental or physical examination,

16 when directed, shall result in an automatic suspension without

17 hearing.

18 A person holding a license under this Act or who has

19 applied for a license under this Act, who, because of a

20 physical or mental illness or disability, including, but not

21 limited to, deterioration through the aging process or loss of

22 motor skill, is unable to practice the profession with

23 reasonable judgment, skill, or safety, may be required by the

24 Department to submit to care, counseling, or treatment by

25 physicians approved or designated by the Department as a

26 condition, term, or restriction for continued, reinstated, or

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1 renewed licensure to practice. Submission to care, counseling,

2 or treatment as required by the Department shall not be

3 considered discipline of a license. If the licensee refuses to

4 enter into a care, counseling, or treatment agreement or fails

5 to abide by the terms of the agreement, the Department may file

6 a complaint to revoke, suspend, or otherwise discipline the

7 license of the individual. The Secretary may order the license

8 suspended immediately, pending a hearing by the Department.

9 Fines shall not be assessed in disciplinary actions involving

10 physical or mental illness or impairment.

11 In instances in which the Secretary immediately suspends a

12 person's license under this Section, a hearing on that person's

13 license must be convened by the Department within 15 days after

14 the suspension and completed without appreciable delay. The

15 Department shall have the authority to review the subject

16 individual's record of treatment and counseling regarding the

17 impairment to the extent permitted by applicable federal

18 statutes and regulations safeguarding the confidentiality of

19 medical records.

20 An individual licensed under this Act and affected under

21 this Section shall be afforded an opportunity to demonstrate to

22 the Department that he or she can resume practice in compliance

23 with acceptable and prevailing standards under the provisions

24 of his or her license.

25 (Source: P.A. 97-226, eff. 7-28-11; 97-877, eff. 8-2-12;

26 98-756, eff. 7-16-14.)

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1 (225 ILCS 447/40-35 rep.)

2 Section 160. The Private Detective, Private Alarm, Private

3 Security, Fingerprint Vendor, and Locksmith Act of 2004 is

4 amended by repealing Section 40-35.

5 Section 165. The Illinois Public Accounting Act is amended

6 by changing Section 20.01 as follows:

7 (225 ILCS 450/20.01) (from Ch. 111, par. 5521.01)

8 (Section scheduled to be repealed on January 1, 2024)

9 Sec. 20.01. Grounds for discipline; license or

10 registration.

11 (a) The Department may refuse to issue or renew, or may

12 revoke, suspend, or reprimand any registration or registrant,

13 any license or licensee, place a licensee or registrant on

14 probation for a period of time subject to any conditions the

15 Department may specify including requiring the licensee or

16 registrant to attend continuing education courses or to work

17 under the supervision of another licensee or registrant, impose

18 a fine not to exceed $10,000 for each violation, restrict the

19 authorized scope of practice, require a licensee or registrant

20 to undergo a peer review program, assess costs as provided for

21 under Section 20.4, or take other disciplinary or

22 non-disciplinary action for any one or more of the following:

23 (1) Violation of any provision of this Act or rule

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1 adopted by the Department under this Act or violation of

2 professional standards.

3 (2) Dishonesty, fraud, or deceit in obtaining,

4 reinstating, or restoring a license or registration.

5 (3) Cancellation, revocation, suspension, denial of

6 licensure or registration, or refusal to renew a license or

7 privileges under Section 5.2 for disciplinary reasons in

8 any other U.S. jurisdiction, unit of government, or

9 government agency for any cause.

10 (4) Failure, on the part of a licensee under Section 13

11 or registrant under Section 16, to maintain compliance with

12 the requirements for issuance or renewal of a license or

13 registration or to report changes to the Department.

14 (5) Revocation or suspension of the right to practice

15 by or before any state or federal regulatory authority or

16 by the Public Company Accounting Oversight Board.

17 (6) Dishonesty, fraud, deceit, or gross negligence in

18 the performance of services as a licensee or registrant or

19 individual granted privileges under Section 5.2.

20 (7) Conviction by plea of guilty or nolo contendere,

21 finding of guilt, jury verdict, or entry of judgment or

22 sentencing, including, but not limited to, convictions,

23 preceding sentences of supervision, conditional discharge,

24 or first offender probation, under the laws of any

25 jurisdiction of the United States that is (i) a felony or

26 (ii) a misdemeanor, an essential element of which is

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1 dishonesty, or that is directly related to the practice of

2 public accounting.

3 (8) Performance of any fraudulent act while holding a

4 license or privilege issued under this Act or prior law.

5 (9) Practicing on a revoked, suspended, or inactive

6 license or registration.

7 (10) Making or filing a report or record that the

8 registrant or licensee knows to be false, willfully failing

9 to file a report or record required by State or federal

10 law, willfully impeding or obstructing the filing or

11 inducing another person to impede or obstruct only those

12 that are signed in the capacity of a licensed CPA or a

13 registered CPA.

14 (11) Aiding or assisting another person in violating

15 any provision of this Act or rules promulgated hereunder.

16 (12) Engaging in dishonorable, unethical, or

17 unprofessional conduct of a character likely to deceive,

18 defraud, or harm the public.

19 (13) Habitual or excessive use or abuse of drugs,

20 alcohol, narcotics, stimulants, or any other substance

21 that results in the inability to practice with reasonable

22 skill, judgment, or safety.

23 (14) Directly or indirectly giving to or receiving from

24 any person, firm, corporation, partnership, or association

25 any fee, commission, rebate, or other form of compensation

26 for any professional service not actually rendered.

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1 (15) Physical illness, including, but not limited to,

2 deterioration through the aging process or loss of motor

3 skill that results in the licensee or registrant's

4 inability to practice under this Act with reasonable

5 judgment, skill, or safety.

6 (16) Solicitation of professional services by using

7 false or misleading advertising.

8 (17) Any conduct reflecting adversely upon the

9 licensee's fitness to perform services while a licensee or

10 individual granted privileges under Section 5.2.

11 (18) Practicing or attempting to practice under a name

12 other than the full name as shown on the license or

13 registration or any other legally authorized name.

14 (19) A finding by the Department that a licensee or

15 registrant has not complied with a provision of any lawful

16 order issued by the Department.

17 (20) Making a false statement to the Department

18 regarding compliance with continuing professional

19 education or peer review requirements.

20 (21) Failing to make a substantive response to a

21 request for information by the Department within 30 days of

22 the request.

23 (b) (Blank).

24 (b-5) All fines or costs imposed under this Section shall

25 be paid within 60 days after the effective date of the order

26 imposing the fine or costs or in accordance with the terms set

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1 forth in the order imposing the fine or cost.

2 (c) In cases where the Department of Healthcare and Family

3 Services has previously determined a licensee or a potential

4 licensee is more than 30 days delinquent in the payment of

5 child support and has subsequently certified the delinquency to

6 the Department, the Department may refuse to issue or renew or

7 may revoke or suspend that person's license or may take other

8 disciplinary or non-disciplinary action against that person

9 based solely upon the certification of delinquency made by the

10 Department of Healthcare and Family Services in accordance with

11 item (5) of subsection (a) of Section 2105-15 of the Department

12 of Professional Regulation Law of the Civil Administrative Code

13 of Illinois.

14 (d) The Department may refuse to issue or may suspend

15 without hearing, as provided for in the Code of Civil

16 Procedure, the license or registration of any person who fails

17 to file a return, to pay a tax, penalty, or interest shown in a

18 filed return, or to pay any final assessment of tax, penalty,

19 or interest, as required by any tax Act administered by the

20 Illinois Department of Revenue, until such time as the

21 requirements of any such tax Act are satisfied in accordance

22 with subsection (g) of Section 2105-15 of the Department of

23 Professional Regulation Law of the Civil Administrative Code of

24 Illinois.

25 (e) (Blank). ~~The Department shall deny any application for~~

26 ~~a license, registration, or renewal, without hearing, to any~~

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1 ~~person who has defaulted on an educational loan guaranteed by~~

2 ~~the Illinois Student Assistance Commission; however, the~~

3 ~~Department may issue a license, registration, or renewal if the~~

4 ~~person in default has established a satisfactory repayment~~

5 ~~record as determined by the Illinois Student Assistance~~

6 ~~Commission.~~

7 (f) The determination by a court that a licensee or

8 registrant is subject to involuntary admission or judicial

9 admission as provided in the Mental Health and Developmental

10 Disabilities Code will result in the automatic suspension of

11 his or her license or registration. The licensee or registrant

12 shall be responsible for notifying the Department of the

13 determination by the court that the licensee or registrant is

14 subject to involuntary admission or judicial admission as

15 provided in the Mental Health and Developmental Disabilities

16 Code. The suspension shall end only upon a finding by a court

17 that the patient is no longer subject to involuntary admission

18 or judicial admission, the issuance of an order so finding and

19 discharging the patient, and the filing of a petition for

20 restoration demonstrating fitness to practice.

21 (g) In enforcing this Section, the Department, upon a

22 showing of a possible violation, may compel, any licensee or

23 registrant or any individual who has applied for licensure

24 under this Act, to submit to a mental or physical examination

25 and evaluation, or both, which may include a substance abuse or

26 sexual offender evaluation, at the expense of the Department.

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1 The Department shall specifically designate the examining

2 physician licensed to practice medicine in all of its branches

3 or, if applicable, the multidisciplinary team involved in

4 providing the mental or physical examination and evaluation, or

5 both. The multidisciplinary team shall be led by a physician

6 licensed to practice medicine in all of its branches and may

7 consist of one or more or a combination of physicians licensed

8 to practice medicine in all of its branches, licensed

9 chiropractic physicians, licensed clinical psychologists,

10 licensed clinical social workers, licensed clinical

11 professional counselors, and other professional and

12 administrative staff. Any examining physician or member of the

13 multidisciplinary team may require any person ordered to submit

14 to an examination and evaluation under this Section to submit

15 to any additional supplemental testing deemed necessary to

16 complete any examination or evaluation process, including, but

17 not limited to, blood testing, urinalysis, psychological

18 testing, or neuropsychological testing. The Department may

19 order the examining physician or any member of the

20 multidisciplinary team to provide to the Department any and all

21 records, including business records, that relate to the

22 examination and evaluation, including any supplemental testing

23 performed. The Department may order the examining physician or

24 any member of the multidisciplinary team to present testimony

25 concerning this examination and evaluation of the licensee,

26 registrant, or applicant, including testimony concerning any

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1 supplemental testing or documents relating to the examination

2 and evaluation. No information, report, record, or other

3 documents in any way related to the examination and evaluation

4 shall be excluded by reason of any common law or statutory

5 privilege relating to communication between the licensee,

6 registrant, or applicant and the examining physician or any

7 member of the multidisciplinary team. No authorization is

8 necessary from the individual ordered to undergo an evaluation

9 and examination for the examining physician or any member of

10 the multidisciplinary team to provide information, reports,

11 records, or other documents or to provide any testimony

12 regarding the examination and evaluation.

13 The individual to be examined may have, at his or her own

14 expense, another physician of his or her choice present during

15 all aspects of the examination. Failure of any individual to

16 submit to mental or physical examination and evaluation, or

17 both, when directed, shall result in an automatic suspension,

18 without hearing, until such time as the individual submits to

19 the examination. If the Department finds a licensee,

20 registrant, or applicant unable to practice because of the

21 reasons set forth in this Section, the Department shall require

22 such licensee, registrant, or applicant to submit to care,

23 counseling, or treatment by physicians approved or designated

24 by the Department, as a condition for continued, reinstated, or

25 renewed licensure to practice.

26 When the Secretary immediately suspends a license or

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1 registration under this Section, a hearing upon such person's

2 license or registration must be convened by the Department

3 within 15 days after such suspension and completed without

4 appreciable delay. The Department shall have the authority to

5 review the subject's record of treatment and counseling

6 regarding the impairment, to the extent permitted by applicable

7 federal statutes and regulations safeguarding the

8 confidentiality of medical records.

9 Individuals licensed or registered under this Act,

10 affected under this Section, shall be afforded an opportunity

11 to demonstrate to the Department that they can resume practice

12 in compliance with acceptable and prevailing standards under

13 the provisions of their license or registration.

14 (Source: P.A. 98-254, eff. 8-9-13.)

15 Section 170. The Real Estate License Act of 2000 is amended

16 by changing Section 20-20 as follows:

17 (225 ILCS 454/20-20)

18 (Section scheduled to be repealed on January 1, 2020)

19 Sec. 20-20. Grounds for discipline.

20 (a) The Department may refuse to issue or renew a license,

21 may place on probation, suspend, or revoke any license,

22 reprimand, or take any other disciplinary or non-disciplinary

23 action as the Department may deem proper and impose a fine not

24 to exceed $25,000 upon any licensee or applicant under this Act

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1 or any person who holds himself or herself out as an applicant

2 or licensee or against a licensee in handling his or her own

3 property, whether held by deed, option, or otherwise, for any

4 one or any combination of the following causes:

5 (1) Fraud or misrepresentation in applying for, or

6 procuring, a license under this Act or in connection with

7 applying for renewal of a license under this Act.

8 (2) The conviction of or plea of guilty or plea of nolo

9 contendere to a felony or misdemeanor in this State or any

10 other jurisdiction; or the entry of an administrative

11 sanction by a government agency in this State or any other

12 jurisdiction. Action taken under this paragraph (2) for a

13 misdemeanor or an administrative sanction is limited to a

14 misdemeanor or administrative sanction that has as an

15 essential element dishonesty or fraud or involves larceny,

16 embezzlement, or obtaining money, property, or credit by

17 false pretenses or by means of a confidence game.

18 (3) Inability to practice the profession with

19 reasonable judgment, skill, or safety as a result of a

20 physical illness, including, but not limited to,

21 deterioration through the aging process or loss of motor

22 skill, or a mental illness or disability.

23 (4) Practice under this Act as a licensee in a retail

24 sales establishment from an office, desk, or space that is

25 not separated from the main retail business by a separate

26 and distinct area within the establishment.

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1 (5) Having been disciplined by another state, the

2 District of Columbia, a territory, a foreign nation, or a

3 governmental agency authorized to impose discipline if at

4 least one of the grounds for that discipline is the same as

5 or the equivalent of one of the grounds for which a

6 licensee may be disciplined under this Act. A certified

7 copy of the record of the action by the other state or

8 jurisdiction shall be prima facie evidence thereof.

9 (6) Engaging in the practice of real estate brokerage

10 without a license or after the licensee's license or

11 temporary permit was expired or while the license was

12 inoperative.

13 (7) Cheating on or attempting to subvert the Real

14 Estate License Exam or continuing education exam.

15 (8) Aiding or abetting an applicant to subvert or cheat

16 on the Real Estate License Exam or continuing education

17 exam administered pursuant to this Act.

18 (9) Advertising that is inaccurate, misleading, or

19 contrary to the provisions of the Act.

20 (10) Making any substantial misrepresentation or

21 untruthful advertising.

22 (11) Making any false promises of a character likely to

23 influence, persuade, or induce.

24 (12) Pursuing a continued and flagrant course of

25 misrepresentation or the making of false promises through

26 licensees, employees, agents, advertising, or otherwise.

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1 (13) Any misleading or untruthful advertising, or

2 using any trade name or insignia of membership in any real

3 estate organization of which the licensee is not a member.

4 (14) Acting for more than one party in a transaction

5 without providing written notice to all parties for whom

6 the licensee acts.

7 (15) Representing or attempting to represent a broker

8 other than the sponsoring broker.

9 (16) Failure to account for or to remit any moneys or

10 documents coming into his or her possession that belong to

11 others.

12 (17) Failure to maintain and deposit in a special

13 account, separate and apart from personal and other

14 business accounts, all escrow moneys belonging to others

15 entrusted to a licensee while acting as a broker, escrow

16 agent, or temporary custodian of the funds of others or

17 failure to maintain all escrow moneys on deposit in the

18 account until the transactions are consummated or

19 terminated, except to the extent that the moneys, or any

20 part thereof, shall be:

21 (A) disbursed prior to the consummation or

22 termination (i) in accordance with the written

23 direction of the principals to the transaction or their

24 duly authorized agents, (ii) in accordance with

25 directions providing for the release, payment, or

26 distribution of escrow moneys contained in any written

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1 contract signed by the principals to the transaction or

2 their duly authorized agents, or (iii) pursuant to an

3 order of a court of competent jurisdiction; or

4 (B) deemed abandoned and transferred to the Office

5 of the State Treasurer to be handled as unclaimed

6 property pursuant to the Revised Uniform Unclaimed

7 Property Act. Escrow moneys may be deemed abandoned

8 under this subparagraph (B) only: (i) in the absence of

9 disbursement under subparagraph (A); (ii) in the

10 absence of notice of the filing of any claim in a court

11 of competent jurisdiction; and (iii) if 6 months have

12 elapsed after the receipt of a written demand for the

13 escrow moneys from one of the principals to the

14 transaction or the principal's duly authorized agent.

15 The account shall be noninterest bearing, unless the

16 character of the deposit is such that payment of interest

17 thereon is otherwise required by law or unless the

18 principals to the transaction specifically require, in

19 writing, that the deposit be placed in an interest bearing

20 account.

21 (18) Failure to make available to the Department all

22 escrow records and related documents maintained in

23 connection with the practice of real estate within 24 hours

24 of a request for those documents by Department personnel.

25 (19) Failing to furnish copies upon request of

26 documents relating to a real estate transaction to a party

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1 who has executed that document.

2 (20) Failure of a sponsoring broker to timely provide

3 information, sponsor cards, or termination of licenses to

4 the Department.

5 (21) Engaging in dishonorable, unethical, or

6 unprofessional conduct of a character likely to deceive,

7 defraud, or harm the public.

8 (22) Commingling the money or property of others with

9 his or her own money or property.

10 (23) Employing any person on a purely temporary or

11 single deal basis as a means of evading the law regarding

12 payment of commission to nonlicensees on some contemplated

13 transactions.

14 (24) Permitting the use of his or her license as a

15 broker to enable a leasing agent or unlicensed person to

16 operate a real estate business without actual

17 participation therein and control thereof by the broker.

18 (25) Any other conduct, whether of the same or a

19 different character from that specified in this Section,

20 that constitutes dishonest dealing.

21 (26) Displaying a "for rent" or "for sale" sign on any

22 property without the written consent of an owner or his or

23 her duly authorized agent or advertising by any means that

24 any property is for sale or for rent without the written

25 consent of the owner or his or her authorized agent.

26 (27) Failing to provide information requested by the

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1 Department, or otherwise respond to that request, within 30

2 days of the request.

3 (28) Advertising by means of a blind advertisement,

4 except as otherwise permitted in Section 10-30 of this Act.

5 (29) Offering guaranteed sales plans, as defined in

6 clause (A) of this subdivision (29), except to the extent

7 hereinafter set forth:

8 (A) A "guaranteed sales plan" is any real estate

9 purchase or sales plan whereby a licensee enters into a

10 conditional or unconditional written contract with a

11 seller, prior to entering into a brokerage agreement

12 with the seller, by the terms of which a licensee

13 agrees to purchase a property of the seller within a

14 specified period of time at a specific price in the

15 event the property is not sold in accordance with the

16 terms of a brokerage agreement to be entered into

17 between the sponsoring broker and the seller.

18 (B) A licensee offering a guaranteed sales plan

19 shall provide the details and conditions of the plan in

20 writing to the party to whom the plan is offered.

21 (C) A licensee offering a guaranteed sales plan

22 shall provide to the party to whom the plan is offered

23 evidence of sufficient financial resources to satisfy

24 the commitment to purchase undertaken by the broker in

25 the plan.

26 (D) Any licensee offering a guaranteed sales plan

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1 shall undertake to market the property of the seller

2 subject to the plan in the same manner in which the

3 broker would market any other property, unless the

4 agreement with the seller provides otherwise.

5 (E) The licensee cannot purchase seller's property

6 until the brokerage agreement has ended according to

7 its terms or is otherwise terminated.

8 (F) Any licensee who fails to perform on a

9 guaranteed sales plan in strict accordance with its

10 terms shall be subject to all the penalties provided in

11 this Act for violations thereof and, in addition, shall

12 be subject to a civil fine payable to the party injured

13 by the default in an amount of up to $25,000.

14 (30) Influencing or attempting to influence, by any

15 words or acts, a prospective seller, purchaser, occupant,

16 landlord, or tenant of real estate, in connection with

17 viewing, buying, or leasing real estate, so as to promote

18 or tend to promote the continuance or maintenance of

19 racially and religiously segregated housing or so as to

20 retard, obstruct, or discourage racially integrated

21 housing on or in any street, block, neighborhood, or

22 community.

23 (31) Engaging in any act that constitutes a violation

24 of any provision of Article 3 of the Illinois Human Rights

25 Act, whether or not a complaint has been filed with or

26 adjudicated by the Human Rights Commission.

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1 (32) Inducing any party to a contract of sale or lease

2 or brokerage agreement to break the contract of sale or

3 lease or brokerage agreement for the purpose of

4 substituting, in lieu thereof, a new contract for sale or

5 lease or brokerage agreement with a third party.

6 (33) Negotiating a sale, exchange, or lease of real

7 estate directly with any person if the licensee knows that

8 the person has an exclusive brokerage agreement with

9 another broker, unless specifically authorized by that

10 broker.

11 (34) When a licensee is also an attorney, acting as the

12 attorney for either the buyer or the seller in the same

13 transaction in which the licensee is acting or has acted as

14 a managing broker or broker.

15 (35) Advertising or offering merchandise or services

16 as free if any conditions or obligations necessary for

17 receiving the merchandise or services are not disclosed in

18 the same advertisement or offer. These conditions or

19 obligations include without limitation the requirement

20 that the recipient attend a promotional activity or visit a

21 real estate site. As used in this subdivision (35), "free"

22 includes terms such as "award", "prize", "no charge", "free

23 of charge", "without charge", and similar words or phrases

24 that reasonably lead a person to believe that he or she may

25 receive or has been selected to receive something of value,

26 without any conditions or obligations on the part of the

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1 recipient.

2 (36) (Blank).

3 (37) Violating the terms of a disciplinary order issued

4 by the Department.

5 (38) Paying or failing to disclose compensation in

6 violation of Article 10 of this Act.

7 (39) Requiring a party to a transaction who is not a

8 client of the licensee to allow the licensee to retain a

9 portion of the escrow moneys for payment of the licensee's

10 commission or expenses as a condition for release of the

11 escrow moneys to that party.

12 (40) Disregarding or violating any provision of this

13 Act or the published rules promulgated by the Department to

14 enforce this Act or aiding or abetting any individual,

15 partnership, registered limited liability partnership,

16 limited liability company, or corporation in disregarding

17 any provision of this Act or the published rules

18 promulgated by the Department to enforce this Act.

19 (41) Failing to provide the minimum services required

20 by Section 15-75 of this Act when acting under an exclusive

21 brokerage agreement.

22 (42) Habitual or excessive use or addiction to alcohol,

23 narcotics, stimulants, or any other chemical agent or drug

24 that results in a managing broker, broker, or leasing

25 agent's inability to practice with reasonable skill or

26 safety.

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1 (43) Enabling, aiding, or abetting an auctioneer, as

2 defined in the Auction License Act, to conduct a real

3 estate auction in a manner that is in violation of this

4 Act.

5 (44) Permitting any leasing agent or temporary leasing

6 agent permit holder to engage in activities that require a

7 broker's or managing broker's license.

8 (b) The Department may refuse to issue or renew or may

9 suspend the license of any person who fails to file a return,

10 pay the tax, penalty or interest shown in a filed return, or

11 pay any final assessment of tax, penalty, or interest, as

12 required by any tax Act administered by the Department of

13 Revenue, until such time as the requirements of that tax Act

14 are satisfied in accordance with subsection (g) of Section

15 2105-15 of the Civil Administrative Code of Illinois.

16 (c) (Blank). ~~The Department shall deny a license or renewal~~

17 ~~authorized by this Act to a person who has defaulted on an~~

18 ~~educational loan or scholarship provided or guaranteed by the~~

19 ~~Illinois Student Assistance Commission or any governmental~~

20 ~~agency of this State in accordance with item (5) of subsection~~

21 ~~(a) of Section 2105-15 of the Civil Administrative Code of~~

22 ~~Illinois.~~

23 (d) In cases where the Department of Healthcare and Family

24 Services (formerly Department of Public Aid) has previously

25 determined that a licensee or a potential licensee is more than

26 30 days delinquent in the payment of child support and has

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1 subsequently certified the delinquency to the Department may

2 refuse to issue or renew or may revoke or suspend that person's

3 license or may take other disciplinary action against that

4 person based solely upon the certification of delinquency made

5 by the Department of Healthcare and Family Services in

6 accordance with item (5) of subsection (a) of Section 2105-15

7 of the Civil Administrative Code of Illinois.

8 (e) In enforcing this Section, the Department or Board upon

9 a showing of a possible violation may compel an individual

10 licensed to practice under this Act, or who has applied for

11 licensure under this Act, to submit to a mental or physical

12 examination, or both, as required by and at the expense of the

13 Department. The Department or Board may order the examining

14 physician to present testimony concerning the mental or

15 physical examination of the licensee or applicant. No

16 information shall be excluded by reason of any common law or

17 statutory privilege relating to communications between the

18 licensee or applicant and the examining physician. The

19 examining physicians shall be specifically designated by the

20 Board or Department. The individual to be examined may have, at

21 his or her own expense, another physician of his or her choice

22 present during all aspects of this examination. Failure of an

23 individual to submit to a mental or physical examination, when

24 directed, shall be grounds for suspension of his or her license

25 until the individual submits to the examination if the

26 Department finds, after notice and hearing, that the refusal to

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1 submit to the examination was without reasonable cause.

2 If the Department or Board finds an individual unable to

3 practice because of the reasons set forth in this Section, the

4 Department or Board may require that individual to submit to

5 care, counseling, or treatment by physicians approved or

6 designated by the Department or Board, as a condition, term, or

7 restriction for continued, reinstated, or renewed licensure to

8 practice; or, in lieu of care, counseling, or treatment, the

9 Department may file, or the Board may recommend to the

10 Department to file, a complaint to immediately suspend, revoke,

11 or otherwise discipline the license of the individual. An

12 individual whose license was granted, continued, reinstated,

13 renewed, disciplined or supervised subject to such terms,

14 conditions, or restrictions, and who fails to comply with such

15 terms, conditions, or restrictions, shall be referred to the

16 Secretary for a determination as to whether the individual

17 shall have his or her license suspended immediately, pending a

18 hearing by the Department.

19 In instances in which the Secretary immediately suspends a

20 person's license under this Section, a hearing on that person's

21 license must be convened by the Department within 30 days after

22 the suspension and completed without appreciable delay. The

23 Department and Board shall have the authority to review the

24 subject individual's record of treatment and counseling

25 regarding the impairment to the extent permitted by applicable

26 federal statutes and regulations safeguarding the

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1 confidentiality of medical records.

2 An individual licensed under this Act and affected under

3 this Section shall be afforded an opportunity to demonstrate to

4 the Department or Board that he or she can resume practice in

5 compliance with acceptable and prevailing standards under the

6 provisions of his or her license.

7 (Source: P.A. 99-227, eff. 8-3-15; 100-22, eff. 1-1-18;

8 100-188, eff. 1-1-18; 100-534, eff. 9-22-17; revised 10-2-17.)

9 (225 ILCS 458/15-45 rep.)

10 Section 175. The Real Estate Appraiser Licensing Act of

11 2002 is amended by repealing Section 15-45.

12 Section 180. The Radon Industry Licensing Act is amended by

13 changing Section 45 as follows:

14 (420 ILCS 44/45)

15 Sec. 45. Grounds for disciplinary action. The Agency may

16 refuse to issue or to renew, or may revoke, suspend, or take

17 other disciplinary action as the Agency may deem proper,

18 including fines not to exceed $1,000 for each violation, with

19 regard to any license for any one or combination of the

20 following causes:

21 (a) Violation of this Act or its rules.

22 (b) Conviction of a crime under the laws of any United

23 States jurisdiction that is a felony or of any crime that

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1 directly relates to the practice of detecting or reducing

2 the presence of radon or radon progeny. Consideration of

3 such conviction of an applicant shall be in accordance with

4 Section 46.

5 (c) Making a misrepresentation for the purpose of

6 obtaining a license.

7 (d) Professional incompetence or gross negligence in

8 the practice of detecting or reducing the presence of radon

9 or radon progeny.

10 (e) Gross malpractice, prima facie evidence of which

11 may be a conviction or judgment of malpractice in a court

12 of competent jurisdiction.

13 (f) Aiding or assisting another person in violating a

14 provision of this Act or its rules.

15 (g) Failing, within 60 days, to provide information in

16 response to a written request made by the Agency that has

17 been sent by mail to the licensee's last known address.

18 (h) Engaging in dishonorable, unethical, or

19 unprofessional conduct of a character likely to deceive,

20 defraud, or harm the public.

21 (i) Habitual or excessive use or addiction to alcohol,

22 narcotics, stimulants, or any other chemical agent or drug

23 that results in the inability to practice with reasonable

24 judgment, skill, or safety.

25 (j) Discipline by another United States jurisdiction

26 or foreign nation, if at least one of the grounds for the

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1 discipline is the same or substantially equivalent to those

2 set forth in this Section.

3 (k) Directly or indirectly giving to or receiving from

4 a person any fee, commission, rebate, or other form of

5 compensation for a professional service not actually or

6 personally rendered.

7 (l) A finding by the Agency that the licensee has

8 violated the terms of a license.

9 (m) Conviction by a court of competent jurisdiction,

10 either within or outside of this State, of a violation of a

11 law governing the practice of detecting or reducing the

12 presence of radon or radon progeny if the Agency determines

13 after investigation that the person has not been

14 sufficiently rehabilitated to warrant the public trust.

15 (n) A finding by the Agency that a license has been

16 applied for or obtained by fraudulent means.

17 (o) Practicing or attempting to practice under a name

18 other than the full name as shown on the license or any

19 other authorized name.

20 (p) Gross and willful overcharging for professional

21 services, including filing false statements for collection

22 of fees or moneys for which services are not rendered.

23 (q) Failure to file a return or to pay the tax,

24 penalty, or interest shown in a filed return, or to pay any

25 final assessment of tax, penalty, or interest, as required

26 by a tax Act administered by the Department of Revenue,

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1 until such time as the requirements of any such tax Act are

2 satisfied.

3 (r) (Blank). ~~Failure to repay educational loans~~

4 ~~guaranteed by the Illinois Student Assistance Commission,~~

5 ~~as provided in Section 80 of the Nuclear Safety Law of~~

6 ~~2004. However, the Agency may issue an original or renewal~~

7 ~~license if the person in default has established a~~

8 ~~satisfactory repayment record as determined by the~~

9 ~~Illinois Student Assistance Commission.~~

10 (s) Failure to meet child support orders, as provided

11 in Section 10-65 of the Illinois Administrative Procedure

12 Act.

13 (t) Failure to pay a fee or civil penalty properly

14 assessed by the Agency.

15 (Source: P.A. 100-286, eff. 1-1-18.)

16 Section 185. The Attorney Act is amended by changing

17 Section 1 as follows:

18 (705 ILCS 205/1) (from Ch. 13, par. 1)

19 Sec. 1. No person shall be permitted to practice as an

20 attorney or counselor at law within this State without having

21 previously obtained a license for that purpose from the Supreme

22 Court of this State.

23 No person shall receive any compensation directly or

24 indirectly for any legal services other than a regularly

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1 licensed attorney, nor may an unlicensed person advertise or

2 hold himself or herself out to provide legal services.

3 A license, as provided for herein, constitutes the person

4 receiving the same an attorney and counselor at law, according

5 to the law and customs thereof, for and during his good

6 behavior in the practice and authorizes him to demand and

7 receive fees for any services which he may render as an

8 attorney and counselor at law in this State. ~~No person shall be~~

9 ~~granted a license or renewal authorized by this Act who has~~

10 ~~defaulted on an educational loan guaranteed by the Illinois~~

11 ~~Student Assistance Commission; however, a license or renewal~~

12 ~~may be issued to the aforementioned persons who have~~

13 ~~established a satisfactory repayment record as determined by~~

14 ~~the Illinois Student Assistance Commission.~~No person shall be

15 granted a license or renewal authorized by this Act who is more

16 than 30 days delinquent in complying with a child support

17 order; a license or renewal may be issued, however, if the

18 person has established a satisfactory repayment record as

19 determined (i) by the Department of Healthcare and Family

20 Services (formerly Illinois Department of Public Aid) for cases

21 being enforced under Article X of the Illinois Public Aid Code

22 or (ii) in all other cases by order of court or by written

23 agreement between the custodial parent and non-custodial

24 parent. No person shall be refused a license under this Act on

25 account of sex.

26 Any person practicing, charging or receiving fees for legal

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1 services or advertising or holding himself or herself out to

2 provide legal services within this State, either directly or

3 indirectly, without being licensed to practice as herein

4 required, is guilty of contempt of court and shall be punished

5 accordingly, upon complaint being filed in any Circuit Court of

6 this State. The remedies available include, but are not limited

7 to: (i) appropriate equitable relief; (ii) a civil penalty not

8 to exceed $5,000, which shall be paid to the Illinois Equal

9 Justice Foundation; and (iii) actual damages. Such proceedings

10 shall be conducted in the Courts of the respective counties

11 where the alleged contempt has been committed in the same

12 manner as in cases of indirect contempt and with the right of

13 review by the parties thereto.

14 The provisions of this Act shall be in addition to other

15 remedies permitted by law and shall not be construed to deprive

16 courts of this State of their inherent right to punish for

17 contempt or to restrain the unauthorized practice of law.

18 Nothing in this Act shall be construed to conflict with,

19 amend, or modify Section 5 of the Corporation Practice of Law

20 Prohibition Act or prohibit representation of a party by a

21 person who is not an attorney in a proceeding before either

22 panel of the Illinois Labor Relations Board under the Illinois

23 Public Labor Relations Act, as now or hereafter amended, the

24 Illinois Educational Labor Relations Board under the Illinois

25 Educational Labor Relations Act, as now or hereafter amended,

26 the State Civil Service Commission, the local Civil Service

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1 Commissions, or the University Civil Service Merit Board, to

2 the extent allowed pursuant to rules and regulations

3 promulgated by those Boards and Commissions or the giving of

4 information, training, or advocacy or assistance in any

5 meetings or administrative proceedings held pursuant to the

6 federal Individuals with Disabilities Education Act, the

7 federal Rehabilitation Act of 1973, the federal Americans with

8 Disabilities Act of 1990, or the federal Social Security Act,

9 to the extent allowed by those laws or the federal regulations

10 or State statutes implementing those laws.

11 (Source: P.A. 94-659, eff. 1-1-06; 95-331, eff. 8-21-07;

12 95-410, eff. 8-24-07.)

13 Section 190. The Illinois Securities Law of 1953 is amended

14 by changing Section 8 as follows:

15 (815 ILCS 5/8) (from Ch. 121 1/2, par. 137.8)

16 Sec. 8. Registration of dealers, limited Canadian dealers,

17 Internet portals, salespersons, investment advisers, and

18 investment adviser representatives.

19 A. Except as otherwise provided in this subsection A, every

20 dealer, limited Canadian dealer, salesperson, investment

21 adviser, and investment adviser representative shall be

22 registered as such with the Secretary of State. No dealer or

23 salesperson need be registered as such when offering or selling

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1 securities in transactions exempted by subsection A, B, C, D,

2 E, G, H, I, J, K, M, O, P, Q, R or S of Section 4 of this Act,

3 provided that such dealer or salesperson is not regularly

4 engaged in the business of offering or selling securities in

5 reliance upon the exemption set forth in subsection G or M of

6 Section 4 of this Act. No dealer, issuer or controlling person

7 shall employ a salesperson unless such salesperson is

8 registered as such with the Secretary of State or is employed

9 for the purpose of offering or selling securities solely in

10 transactions exempted by subsection A, B, C, D, E, G, H, I, J,

11 K, L, M, O, P, Q, R or S of Section 4 of this Act; provided that

12 such salesperson need not be registered when effecting

13 transactions in this State limited to those transactions

14 described in Section 15(h)(2) of the Federal 1934 Act or

15 engaging in the offer or sale of securities in respect of which

16 he or she has beneficial ownership and is a controlling person.

17 The Secretary of State may, by rule, regulation or order and

18 subject to such terms, conditions, and fees as may be

19 prescribed in such rule, regulation or order, exempt from the

20 registration requirements of this Section 8 any investment

21 adviser, if the Secretary of State shall find that such

22 registration is not necessary in the public interest by reason

23 of the small number of clients or otherwise limited character

24 of operation of such investment adviser.

25 B. An application for registration as a dealer or limited

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1 Canadian dealer, executed, verified, or authenticated by or on

2 behalf of the applicant, shall be filed with the Secretary of

3 State, in such form as the Secretary of State may by rule,

4 regulation or order prescribe, setting forth or accompanied by:

5 (1) The name and address of the applicant, the location

6 of its principal business office and all branch offices, if

7 any, and the date of its organization;

8 (2) A statement of any other Federal or state licenses

9 or registrations which have been granted the applicant and

10 whether any such licenses or registrations have ever been

11 refused, cancelled, suspended, revoked or withdrawn;

12 (3) The assets and all liabilities, including

13 contingent liabilities of the applicant, as of a date not

14 more than 60 days prior to the filing of the application;

15 (4) (a) A brief description of any civil or criminal

16 proceeding of which fraud is an essential element pending

17 against the applicant and whether the applicant has ever

18 been convicted of a felony, or of any misdemeanor of which

19 fraud is an essential element;

20 (b) A list setting forth the name, residence and

21 business address and a 10 year occupational statement of

22 each principal of the applicant and a statement describing

23 briefly any civil or criminal proceedings of which fraud is

24 an essential element pending against any such principal and

25 the facts concerning any conviction of any such principal

26 of a felony, or of any misdemeanor of which fraud is an

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1 essential element;

2 (5) If the applicant is a corporation: a list of its

3 officers and directors setting forth the residence and

4 business address of each; a 10-year occupational statement

5 of each such officer or director; and a statement

6 describing briefly any civil or criminal proceedings of

7 which fraud is an essential element pending against each

8 such officer or director and the facts concerning any

9 conviction of any officer or director of a felony, or of

10 any misdemeanor of which fraud is an essential element;

11 (6) If the applicant is a sole proprietorship, a

12 partnership, limited liability company, an unincorporated

13 association or any similar form of business organization:

14 the name, residence and business address of the proprietor

15 or of each partner, member, officer, director, trustee or

16 manager; the limitations, if any, of the liability of each

17 such individual; a 10-year occupational statement of each

18 such individual; a statement describing briefly any civil

19 or criminal proceedings of which fraud is an essential

20 element pending against each such individual and the facts

21 concerning any conviction of any such individual of a

22 felony, or of any misdemeanor of which fraud is an

23 essential element;

24 (7) Such additional information as the Secretary of

25 State may by rule or regulation prescribe as necessary to

26 determine the applicant's financial responsibility,

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1 business repute and qualification to act as a dealer.

2 (8) (a) No applicant shall be registered or

3 re-registered as a dealer or limited Canadian dealer under

4 this Section unless and until each principal of the dealer

5 has passed an examination conducted by the Secretary of

6 State or a self-regulatory organization of securities

7 dealers or similar person, which examination has been

8 designated by the Secretary of State by rule, regulation or

9 order to be satisfactory for purposes of determining

10 whether the applicant has sufficient knowledge of the

11 securities business and laws relating thereto to act as a

12 registered dealer. Any dealer who was registered on

13 September 30, 1963, and has continued to be so registered;

14 and any principal of any registered dealer, who was acting

15 in such capacity on and continuously since September 30,

16 1963; and any individual who has previously passed a

17 securities dealer examination administered by the

18 Secretary of State or any examination designated by the

19 Secretary of State to be satisfactory for purposes of

20 determining whether the applicant has sufficient knowledge

21 of the securities business and laws relating thereto to act

22 as a registered dealer by rule, regulation or order, shall

23 not be required to pass an examination in order to continue

24 to act in such capacity. The Secretary of State may by

25 order waive the examination requirement for any principal

26 of an applicant for registration under this subsection B

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1 who has had such experience or education relating to the

2 securities business as may be determined by the Secretary

3 of State to be the equivalent of such examination. Any

4 request for such a waiver shall be filed with the Secretary

5 of State in such form as may be prescribed by rule or

6 regulation.

7 (b) Unless an applicant is a member of the body

8 corporate known as the Securities Investor Protection

9 Corporation established pursuant to the Act of Congress of

10 the United States known as the Securities Investor

11 Protection Act of 1970, as amended, a member of an

12 association of dealers registered as a national securities

13 association pursuant to Section 15A of the Federal 1934

14 Act, or a member of a self-regulatory organization or stock

15 exchange in Canada which the Secretary of State has

16 designated by rule or order, an applicant shall not be

17 registered or re-registered unless and until there is filed

18 with the Secretary of State evidence that such applicant

19 has in effect insurance or other equivalent protection for

20 each client's cash or securities held by such applicant,

21 and an undertaking that such applicant will continually

22 maintain such insurance or other protection during the

23 period of registration or re-registration. Such insurance

24 or other protection shall be in a form and amount

25 reasonably prescribed by the Secretary of State by rule or

26 regulation.

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1 (9) The application for the registration of a dealer or

2 limited Canadian dealer shall be accompanied by a filing

3 fee and a fee for each branch office in this State, in each

4 case in the amount established pursuant to Section 11a of

5 this Act, which fees shall not be returnable in any event.

6 (10) The Secretary of State shall notify the dealer or

7 limited Canadian dealer by written notice (which may be by

8 electronic or facsimile transmission) of the effectiveness

9 of the registration as a dealer in this State.

10 (11) Any change which renders no longer accurate any

11 information contained in any application for registration

12 or re-registration of a dealer or limited Canadian dealer

13 shall be reported to the Secretary of State within 10

14 business days after the occurrence of such change; but in

15 respect to assets and liabilities only materially adverse

16 changes need be reported.

17 C. Any registered dealer, limited Canadian dealer, issuer,

18 or controlling person desiring to register a salesperson shall

19 file an application with the Secretary of State, in such form

20 as the Secretary of State may by rule or regulation prescribe,

21 which the salesperson is required by this Section to provide to

22 the dealer, issuer, or controlling person, executed, verified,

23 or authenticated by the salesperson setting forth or

24 accompanied by:

25 (1) the name, residence and business address of the

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1 salesperson;

2 (2) whether any federal or State license or

3 registration as dealer, limited Canadian dealer, or

4 salesperson has ever been refused the salesperson or

5 cancelled, suspended, revoked, withdrawn, barred, limited,

6 or otherwise adversely affected in a similar manner or

7 whether the salesperson has ever been censured or expelled;

8 (3) the nature of employment with, and names and

9 addresses of, employers of the salesperson for the 10 years

10 immediately preceding the date of application;

11 (4) a brief description of any civil or criminal

12 proceedings of which fraud is an essential element pending

13 against the salesperson, and whether the salesperson has

14 ever been convicted of a felony, or of any misdemeanor of

15 which fraud is an essential element;

16 (5) such additional information as the Secretary of

17 State may by rule, regulation or order prescribe as

18 necessary to determine the salesperson's business repute

19 and qualification to act as a salesperson; and

20 (6) no individual shall be registered or re-registered

21 as a salesperson under this Section unless and until such

22 individual has passed an examination conducted by the

23 Secretary of State or a self-regulatory organization of

24 securities dealers or similar person, which examination

25 has been designated by the Secretary of State by rule,

26 regulation or order to be satisfactory for purposes of

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1 determining whether the applicant has sufficient knowledge

2 of the securities business and laws relating thereto to act

3 as a registered salesperson.

4 Any salesperson who was registered prior to September

5 30, 1963, and has continued to be so registered, and any

6 individual who has passed a securities salesperson

7 examination administered by the Secretary of State or an

8 examination designated by the Secretary of State by rule,

9 regulation or order to be satisfactory for purposes of

10 determining whether the applicant has sufficient knowledge

11 of the securities business and laws relating thereto to act

12 as a registered salesperson, shall not be required to pass

13 an examination in order to continue to act as a

14 salesperson. The Secretary of State may by order waive the

15 examination requirement for any applicant for registration

16 under this subsection C who has had such experience or

17 education relating to the securities business as may be

18 determined by the Secretary of State to be the equivalent

19 of such examination. Any request for such a waiver shall be

20 filed with the Secretary of State in such form as may be

21 prescribed by rule, regulation or order.

22 (7) The application for registration of a salesperson

23 shall be accompanied by a filing fee and a Securities Audit

24 and Enforcement Fund fee, each in the amount established

25 pursuant to Section 11a of this Act, which shall not be

26 returnable in any event.

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1 (8) Any change which renders no longer accurate any

2 information contained in any application for registration

3 or re-registration as a salesperson shall be reported to

4 the Secretary of State within 10 business days after the

5 occurrence of such change. If the activities are terminated

6 which rendered an individual a salesperson for the dealer,

7 issuer or controlling person, the dealer, issuer or

8 controlling person, as the case may be, shall notify the

9 Secretary of State, in writing, within 30 days of the

10 salesperson's cessation of activities, using the

11 appropriate termination notice form.

12 (9) A registered salesperson may transfer his or her

13 registration under this Section 8 for the unexpired term

14 thereof from one registered dealer or limited Canadian

15 dealer to another by the giving of notice of the transfer

16 by the new registered dealer or limited Canadian dealer to

17 the Secretary of State in such form and subject to such

18 conditions as the Secretary of State shall by rule or

19 regulation prescribe. The new registered dealer or limited

20 Canadian dealer shall promptly file an application for

21 registration of such salesperson as provided in this

22 subsection C, accompanied by the filing fee prescribed by

23 paragraph (7) of this subsection C.

24 C-5. Except with respect to federal covered investment

25 advisers whose only clients are investment companies as defined

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1 in the Federal 1940 Act, other investment advisers, federal

2 covered investment advisers, or any similar person which the

3 Secretary of State may prescribe by rule or order, a federal

4 covered investment adviser shall file with the Secretary of

5 State, prior to acting as a federal covered investment adviser

6 in this State, such documents as have been filed with the

7 Securities and Exchange Commission as the Secretary of State by

8 rule or order may prescribe. The notification of a federal

9 covered investment adviser shall be accompanied by a

10 notification filing fee established pursuant to Section 11a of

11 this Act, which shall not be returnable in any event. Every

12 person acting as a federal covered investment adviser in this

13 State shall file a notification filing and pay an annual

14 notification filing fee established pursuant to Section 11a of

15 this Act, which is not returnable in any event. The failure to

16 file any such notification shall constitute a violation of

17 subsection D of Section 12 of this Act, subject to the

18 penalties enumerated in Section 14 of this Act. Until October

19 10, 1999 or other date as may be legally permissible, a federal

20 covered investment adviser who fails to file the notification

21 or refuses to pay the fees as required by this subsection shall

22 register as an investment adviser with the Secretary of State

23 under Section 8 of this Act. The civil remedies provided for in

24 subsection A of Section 13 of this Act and the civil remedies

25 of rescission and appointment of receiver, conservator,

26 ancillary receiver, or ancillary conservator provided for in

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1 subsection F of Section 13 of this Act shall not be available

2 against any person by reason of the failure to file any such

3 notification or to pay the notification fee or on account of

4 the contents of any such notification.

5 D. An application for registration as an investment

6 adviser, executed, verified, or authenticated by or on behalf

7 of the applicant, shall be filed with the Secretary of State,

8 in such form as the Secretary of State may by rule or

9 regulation prescribe, setting forth or accompanied by:

10 (1) The name and form of organization under which the

11 investment adviser engages or intends to engage in

12 business; the state or country and date of its

13 organization; the location of the adviser's principal

14 business office and branch offices, if any; the names and

15 addresses of the adviser's principal, partners, officers,

16 directors, and persons performing similar functions or, if

17 the investment adviser is an individual, of the individual;

18 and the number of the adviser's employees who perform

19 investment advisory functions;

20 (2) The education, the business affiliations for the

21 past 10 years, and the present business affiliations of the

22 investment adviser and of the adviser's principal,

23 partners, officers, directors, and persons performing

24 similar functions and of any person controlling the

25 investment adviser;

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1 (3) The nature of the business of the investment

2 adviser, including the manner of giving advice and

3 rendering analyses or reports;

4 (4) The nature and scope of the authority of the

5 investment adviser with respect to clients' funds and

6 accounts;

7 (5) The basis or bases upon which the investment

8 adviser is compensated;

9 (6) Whether the investment adviser or any principal,

10 partner, officer, director, person performing similar

11 functions or person controlling the investment adviser (i)

12 within 10 years of the filing of the application has been

13 convicted of a felony, or of any misdemeanor of which fraud

14 is an essential element, or (ii) is permanently or

15 temporarily enjoined by order or judgment from acting as an

16 investment adviser, underwriter, dealer, principal or

17 salesperson, or from engaging in or continuing any conduct

18 or practice in connection with any such activity or in

19 connection with the purchase or sale of any security, and

20 in each case the facts relating to the conviction, order or

21 judgment;

22 (7) (a) A statement as to whether the investment

23 adviser is engaged or is to engage primarily in the

24 business of rendering investment supervisory services; and

25 (b) A statement that the investment adviser will

26 furnish his, her, or its clients with such information as

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1 the Secretary of State deems necessary in the form

2 prescribed by the Secretary of State by rule or regulation;

3 (8) Such additional information as the Secretary of

4 State may, by rule, regulation or order prescribe as

5 necessary to determine the applicant's financial

6 responsibility, business repute and qualification to act

7 as an investment adviser.

8 (9) No applicant shall be registered or re-registered

9 as an investment adviser under this Section unless and

10 until each principal of the applicant who is actively

11 engaged in the conduct and management of the applicant's

12 advisory business in this State has passed an examination

13 or completed an educational program conducted by the

14 Secretary of State or an association of investment advisers

15 or similar person, which examination or educational

16 program has been designated by the Secretary of State by

17 rule, regulation or order to be satisfactory for purposes

18 of determining whether the applicant has sufficient

19 knowledge of the securities business and laws relating

20 thereto to conduct the business of a registered investment

21 adviser.

22 Any person who was a registered investment adviser

23 prior to September 30, 1963, and has continued to be so

24 registered, and any individual who has passed an investment

25 adviser examination administered by the Secretary of

26 State, or passed an examination or completed an educational

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1 program designated by the Secretary of State by rule,

2 regulation or order to be satisfactory for purposes of

3 determining whether the applicant has sufficient knowledge

4 of the securities business and laws relating thereto to

5 conduct the business of a registered investment adviser,

6 shall not be required to pass an examination or complete an

7 educational program in order to continue to act as an

8 investment adviser. The Secretary of State may by order

9 waive the examination or educational program requirement

10 for any applicant for registration under this subsection D

11 if the principal of the applicant who is actively engaged

12 in the conduct and management of the applicant's advisory

13 business in this State has had such experience or education

14 relating to the securities business as may be determined by

15 the Secretary of State to be the equivalent of the

16 examination or educational program. Any request for a

17 waiver shall be filed with the Secretary of State in such

18 form as may be prescribed by rule or regulation.

19 (10) No applicant shall be registered or re-registered

20 as an investment adviser under this Section 8 unless the

21 application for registration or re-registration is

22 accompanied by an application for registration or

23 re-registration for each person acting as an investment

24 adviser representative on behalf of the adviser and a

25 Securities Audit and Enforcement Fund fee that shall not be

26 returnable in any event is paid with respect to each

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1 investment adviser representative.

2 (11) The application for registration of an investment

3 adviser shall be accompanied by a filing fee and a fee for

4 each branch office in this State, in each case in the

5 amount established pursuant to Section 11a of this Act,

6 which fees shall not be returnable in any event.

7 (12) The Secretary of State shall notify the investment

8 adviser by written notice (which may be by electronic or

9 facsimile transmission) of the effectiveness of the

10 registration as an investment adviser in this State.

11 (13) Any change which renders no longer accurate any

12 information contained in any application for registration

13 or re-registration of an investment adviser shall be

14 reported to the Secretary of State within 10 business days

15 after the occurrence of the change. In respect to assets

16 and liabilities of an investment adviser that retains

17 custody of clients' cash or securities or accepts

18 pre-payment of fees in excess of $500 per client and 6 or

19 more months in advance only materially adverse changes need

20 be reported by written notice (which may be by electronic

21 or facsimile transmission) no later than the close of

22 business on the second business day following the discovery

23 thereof.

24 (14) Each application for registration as an

25 investment adviser shall become effective automatically on

26 the 45th day following the filing of the application,

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1 required documents or information, and payment of the

2 required fee unless (i) the Secretary of State has

3 registered the investment adviser prior to that date or

4 (ii) an action with respect to the applicant is pending

5 under Section 11 of this Act.

6 D-5. A registered investment adviser or federal covered

7 investment adviser desiring to register an investment adviser

8 representative shall file an application with the Secretary of

9 State, in the form as the Secretary of State may by rule or

10 order prescribe, which the investment adviser representative

11 is required by this Section to provide to the investment

12 adviser, executed, verified, or authenticated by the

13 investment adviser representative and setting forth or

14 accompanied by:

15 (1) The name, residence, and business address of the

16 investment adviser representative;

17 (2) A statement whether any federal or state license or

18 registration as a dealer, salesperson, investment adviser,

19 or investment adviser representative has ever been

20 refused, canceled, suspended, revoked or withdrawn;

21 (3) The nature of employment with, and names and

22 addresses of, employers of the investment adviser

23 representative for the 10 years immediately preceding the

24 date of application;

25 (4) A brief description of any civil or criminal

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1 proceedings, of which fraud is an essential element,

2 pending against the investment adviser representative and

3 whether the investment adviser representative has ever

4 been convicted of a felony or of any misdemeanor of which

5 fraud is an essential element;

6 (5) Such additional information as the Secretary of

7 State may by rule or order prescribe as necessary to

8 determine the investment adviser representative's business

9 repute or qualification to act as an investment adviser

10 representative;

11 (6) Documentation that the individual has passed an

12 examination conducted by the Secretary of State, an

13 organization of investment advisers, or similar person,

14 which examination has been designated by the Secretary of

15 State by rule or order to be satisfactory for purposes of

16 determining whether the applicant has sufficient knowledge

17 of the investment advisory or securities business and laws

18 relating to that business to act as a registered investment

19 adviser representative; and

20 (7) A Securities Audit and Enforcement Fund fee

21 established under Section 11a of this Act, which shall not

22 be returnable in any event.

23 The Secretary of State may by order waive the examination

24 requirement for an applicant for registration under this

25 subsection D-5 who has had the experience or education relating

26 to the investment advisory or securities business as may be

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1 determined by the Secretary of State to be the equivalent of

2 the examination. A request for a waiver shall be filed with the

3 Secretary of State in the form as may be prescribed by rule or

4 order.

5 A change that renders no longer accurate any information

6 contained in any application for registration or

7 re-registration as an investment adviser representative must

8 be reported to the Secretary of State within 10 business days

9 after the occurrence of the change. If the activities that

10 rendered an individual an investment adviser representative

11 for the investment adviser are terminated, the investment

12 adviser shall notify the Secretary of State in writing (which

13 may be by electronic or facsimile transmission), within 30 days

14 of the investment adviser representative's termination, using

15 the appropriate termination notice form as the Secretary of

16 State may prescribe by rule or order.

17 A registered investment adviser representative may

18 transfer his or her registration under this Section 8 for the

19 unexpired term of the registration from one registered

20 investment adviser to another by the giving of notice of the

21 transfer by the new investment adviser to the Secretary of

22 State in the form and subject to the conditions as the

23 Secretary of State shall prescribe. The new registered

24 investment adviser shall promptly file an application for

25 registration of the investment adviser representative as

26 provided in this subsection, accompanied by the Securities

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1 Audit and Enforcement Fund fee prescribed by paragraph (7) of

2 this subsection D-5.

3 E. (1) Subject to the provisions of subsection F of Section

4 11 of this Act, the registration of a dealer, limited Canadian

5 dealer, salesperson, investment adviser, or investment adviser

6 representative may be denied, suspended or revoked if the

7 Secretary of State finds that the dealer, limited Canadian

8 dealer, Internet portal, salesperson, investment adviser, or

9 investment adviser representative or any principal officer,

10 director, partner, member, trustee, manager or any person who

11 performs a similar function of the dealer, limited Canadian

12 dealer, Internet portal, or investment adviser:

13 (a) has been convicted of any felony during the 10 year

14 period preceding the date of filing of any application for

15 registration or at any time thereafter, or of any

16 misdemeanor of which fraud is an essential element;

17 (b) has engaged in any unethical practice in connection

18 with any security, or in any fraudulent business practice;

19 (c) has failed to account for any money or property, or

20 has failed to deliver any security, to any person entitled

21 thereto when due or within a reasonable time thereafter;

22 (d) in the case of a dealer, limited Canadian dealer,

23 or investment adviser, is insolvent;

24 (e) in the case of a dealer, limited Canadian dealer,

25 salesperson, or registered principal of a dealer or limited

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1 Canadian dealer (i) has failed reasonably to supervise the

2 securities activities of any of its salespersons or other

3 employees and the failure has permitted or facilitated a

4 violation of Section 12 of this Act or (ii) is offering or

5 selling or has offered or sold securities in this State

6 through a salesperson other than a registered salesperson,

7 or, in the case of a salesperson, is selling or has sold

8 securities in this State for a dealer, limited Canadian

9 dealer, issuer or controlling person with knowledge that

10 the dealer, limited Canadian dealer, issuer or controlling

11 person has not complied with the provisions of this Act or

12 (iii) has failed reasonably to supervise the

13 implementation of compliance measures following notice by

14 the Secretary of State of noncompliance with the Act or

15 with the regulations promulgated thereunder or both or (iv)

16 has failed to maintain and enforce written procedures to

17 supervise the types of business in which it engages and to

18 supervise the activities of its salespersons that are

19 reasonably designed to achieve compliance with applicable

20 securities laws and regulations;

21 (f) in the case of an investment adviser, has failed

22 reasonably to supervise the advisory activities of any of

23 its investment adviser representatives or employees and

24 the failure has permitted or facilitated a violation of

25 Section 12 of this Act;

26 (g) has violated any of the provisions of this Act;

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1 (h) has made any material misrepresentation to the

2 Secretary of State in connection with any information

3 deemed necessary by the Secretary of State to determine a

4 dealer's, limited Canadian dealer's, or investment

5 adviser's financial responsibility or a dealer's, limited

6 Canadian dealer's, investment adviser's, salesperson's, or

7 investment adviser representative's business repute or

8 qualifications, or has refused to furnish any such

9 information requested by the Secretary of State;

10 (i) has had a license or registration under any Federal

11 or State law regulating securities, commodity futures

12 contracts, or stock futures contracts refused, cancelled,

13 suspended, withdrawn, revoked, or otherwise adversely

14 affected in a similar manner;

15 (j) has had membership in or association with any

16 self-regulatory organization registered under the Federal

17 1934 Act or the Federal 1974 Act suspended, revoked,

18 refused, expelled, cancelled, barred, limited in any

19 capacity, or otherwise adversely affected in a similar

20 manner arising from any fraudulent or deceptive act or a

21 practice in violation of any rule, regulation or standard

22 duly promulgated by the self-regulatory organization;

23 (k) has had any order entered against it after notice

24 and opportunity for hearing by a securities agency of any

25 state, any foreign government or agency thereof, the

26 Securities and Exchange Commission, or the Federal

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1 Commodities Futures Trading Commission arising from any

2 fraudulent or deceptive act or a practice in violation of

3 any statute, rule or regulation administered or

4 promulgated by the agency or commission;

5 (l) in the case of a dealer or limited Canadian dealer,

6 fails to maintain a minimum net capital in an amount which

7 the Secretary of State may by rule or regulation require;

8 (m) has conducted a continuing course of dealing of

9 such nature as to demonstrate an inability to properly

10 conduct the business of the dealer, limited Canadian

11 dealer, salesperson, investment adviser, or investment

12 adviser representative;

13 (n) has had, after notice and opportunity for hearing,

14 any injunction or order entered against it or license or

15 registration refused, cancelled, suspended, revoked,

16 withdrawn, limited, or otherwise adversely affected in a

17 similar manner by any state or federal body, agency or

18 commission regulating banking, insurance, finance or small

19 loan companies, real estate or mortgage brokers or

20 companies, if the action resulted from any act found by the

21 body, agency or commission to be a fraudulent or deceptive

22 act or practice in violation of any statute, rule or

23 regulation administered or promulgated by the body, agency

24 or commission;

25 (o) has failed to file a return, or to pay the tax,

26 penalty or interest shown in a filed return, or to pay any

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1 final assessment of tax, penalty or interest, as required

2 by any tax Act administered by the Illinois Department of

3 Revenue, until such time as the requirements of that tax

4 Act are satisfied;

5 (p) (blank); ~~in the case of a natural person who is a~~

6 ~~dealer, limited Canadian dealer, salesperson, investment~~

7 ~~adviser, or investment adviser representative, has~~

8 ~~defaulted on an educational loan guaranteed by the Illinois~~

9 ~~Student Assistance Commission, until the natural person~~

10 ~~has established a satisfactory repayment record as~~

11 ~~determined by the Illinois Student Assistance Commission;~~

12 (q) has failed to maintain the books and records

13 required under this Act or rules or regulations promulgated

14 under this Act or under any requirements established by the

15 Securities and Exchange Commission or a self-regulatory

16 organization;

17 (r) has refused to allow or otherwise impeded designees

18 of the Secretary of State from conducting an audit,

19 examination, inspection, or investigation provided for

20 under Section 8 or 11 of this Act;

21 (s) has failed to maintain any minimum net capital or

22 bond requirement set forth in this Act or any rule or

23 regulation promulgated under this Act;

24 (t) has refused the Secretary of State or his or her

25 designee access to any office or location within an office

26 to conduct an investigation, audit, examination, or

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1 inspection;

2 (u) has advised or caused a public pension fund or

3 retirement system established under the Illinois Pension

4 Code to make an investment or engage in a transaction not

5 authorized by that Code;

6 (v) if a corporation, limited liability company, or

7 limited liability partnership has been suspended,

8 canceled, revoked, or has failed to register as a foreign

9 corporation, limited liability company, or limited

10 liability partnership with the Secretary of State;

11 (w) is permanently or temporarily enjoined by any court

12 of competent jurisdiction, including any state, federal,

13 or foreign government, from engaging in or continuing any

14 conduct or practice involving any aspect of the securities

15 or commodities business or in any other business where the

16 conduct or practice enjoined involved investments,

17 franchises, insurance, banking, or finance;

18 (2) If the Secretary of State finds that any registrant or

19 applicant for registration is no longer in existence or has

20 ceased to do business as a dealer, limited Canadian dealer,

21 Internet portal, salesperson, investment adviser, or

22 investment adviser representative, or is subject to an

23 adjudication as a person under legal disability or to the

24 control of a guardian, or cannot be located after reasonable

25 search, or has failed after written notice to pay to the

26 Secretary of State any additional fee prescribed by this

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1 Section or specified by rule or regulation, or if a natural

2 person, has defaulted on an educational loan guaranteed by the

3 Illinois Student Assistance Commission, the Secretary of State

4 may by order cancel the registration or application.

5 (3) Withdrawal of an application for registration or

6 withdrawal from registration as a dealer, limited Canadian

7 dealer, salesperson, investment adviser, or investment adviser

8 representative becomes effective 30 days after receipt of an

9 application to withdraw or within such shorter period of time

10 as the Secretary of State may determine, unless any proceeding

11 is pending under Section 11 of this Act when the application is

12 filed or a proceeding is instituted within 30 days after the

13 application is filed. If a proceeding is pending or instituted,

14 withdrawal becomes effective at such time and upon such

15 conditions as the Secretary of State by order determines. If no

16 proceeding is pending or instituted and withdrawal

17 automatically becomes effective, the Secretary of State may

18 nevertheless institute a revocation or suspension proceeding

19 within 2 years after withdrawal became effective and enter a

20 revocation or suspension order as of the last date on which

21 registration was effective.

22 F. The Secretary of State shall make available upon request

23 the date that each dealer, investment adviser, salesperson, or

24 investment adviser representative was granted registration,

25 together with the name and address of the dealer, limited

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1 Canadian dealer, or issuer on whose behalf the salesperson is

2 registered, and all orders of the Secretary of State denying or

3 abandoning an application, or suspending or revoking

4 registration, or censuring the persons. The Secretary of State

5 may designate by rule, regulation or order the statements,

6 information or reports submitted to or filed with him or her

7 pursuant to this Section 8 which the Secretary of State

8 determines are of a sensitive nature and therefore should be

9 exempt from public disclosure. Any such statement, information

10 or report shall be deemed confidential and shall not be

11 disclosed to the public except upon the consent of the person

12 filing or submitting the statement, information or report or by

13 order of court or in court proceedings.

14 G. The registration or re-registration of a dealer or

15 limited Canadian dealer and of all salespersons registered upon

16 application of the dealer or limited Canadian dealer shall

17 expire on the next succeeding anniversary date of the

18 registration or re-registration of the dealer; and the

19 registration or re-registration of an investment adviser and of

20 all investment adviser representatives registered upon

21 application of the investment adviser shall expire on the next

22 succeeding anniversary date of the registration of the

23 investment adviser; provided, that the Secretary of State may

24 by rule or regulation prescribe an alternate date which any

25 dealer registered under the Federal 1934 Act or a member of any

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1 self-regulatory association approved pursuant thereto, a

2 member of a self-regulatory organization or stock exchange in

3 Canada, or any investment adviser may elect as the expiration

4 date of its dealer or limited Canadian dealer and salesperson

5 registrations, or the expiration date of its investment adviser

6 registration, as the case may be. A registration of a

7 salesperson registered upon application of an issuer or

8 controlling person shall expire on the next succeeding

9 anniversary date of the registration, or upon termination or

10 expiration of the registration of the securities, if any,

11 designated in the application for his or her registration or

12 the alternative date as the Secretary may prescribe by rule or

13 regulation. Subject to paragraph (9) of subsection C of this

14 Section 8, a salesperson's registration also shall terminate

15 upon cessation of his or her employment, or termination of his

16 or her appointment or authorization, in each case by the person

17 who applied for the salesperson's registration, provided that

18 the Secretary of State may by rule or regulation prescribe an

19 alternate date for the expiration of the registration.

20 H. Applications for re-registration of dealers, limited

21 Canadian dealers, Internet portals, salespersons, investment

22 advisers, and investment adviser representatives shall be

23 filed with the Secretary of State prior to the expiration of

24 the then current registration and shall contain such

25 information as may be required by the Secretary of State upon

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1 initial application with such omission therefrom or addition

2 thereto as the Secretary of State may authorize or prescribe.

3 Each application for re-registration of a dealer, limited

4 Canadian dealer, Internet portal, or investment adviser shall

5 be accompanied by a filing fee, each application for

6 re-registration as a salesperson shall be accompanied by a

7 filing fee and a Securities Audit and Enforcement Fund fee

8 established pursuant to Section 11a of this Act, and each

9 application for re-registration as an investment adviser

10 representative shall be accompanied by a Securities Audit and

11 Enforcement Fund fee established under Section 11a of this Act,

12 which shall not be returnable in any event. Notwithstanding the

13 foregoing, applications for re-registration of dealers,

14 limited Canadian dealers, Internet portals, and investment

15 advisers may be filed within 30 days following the expiration

16 of the registration provided that the applicant pays the annual

17 registration fee together with an additional amount equal to

18 the annual registration fee and files any other information or

19 documents that the Secretary of State may prescribe by rule or

20 regulation or order. Any application filed within 30 days

21 following the expiration of the registration shall be

22 automatically effective as of the time of the earlier

23 expiration provided that the proper fee has been paid to the

24 Secretary of State.

25 Each registered dealer, limited Canadian dealer, Internet

26 portal, or investment adviser shall continue to be registered

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1 if the registrant changes his, her, or its form of organization

2 provided that the dealer or investment adviser files an

3 amendment to his, her, or its application not later than 30

4 days following the occurrence of the change and pays the

5 Secretary of State a fee in the amount established under

6 Section 11a of this Act.

7 I. (1) Every registered dealer, limited Canadian dealer,

8 Internet portal, and investment adviser shall make and keep for

9 such periods, such accounts, correspondence, memoranda,

10 papers, books and records as the Secretary of State may by rule

11 or regulation prescribe. All records so required shall be

12 preserved for 3 years unless the Secretary of State by rule,

13 regulation or order prescribes otherwise for particular types

14 of records.

15 (2) Every registered dealer, limited Canadian dealer,

16 Internet portal, and investment adviser shall file such

17 financial reports as the Secretary of State may by rule or

18 regulation prescribe.

19 (3) All the books and records referred to in paragraph (1)

20 of this subsection I are subject at any time or from time to

21 time to such reasonable periodic, special or other audits,

22 examinations, or inspections by representatives of the

23 Secretary of State, within or without this State, as the

24 Secretary of State deems necessary or appropriate in the public

25 interest or for the protection of investors.

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1 (4) At the time of an audit, examination, or inspection,

2 the Secretary of State, by his or her designees, may conduct an

3 interview of any person employed or appointed by or affiliated

4 with a registered dealer, limited Canadian dealer, Internet

5 portal, or investment advisor, provided that the dealer,

6 limited Canadian dealer, Internet portal, or investment

7 advisor shall be given reasonable notice of the time and place

8 for the interview. At the option of the dealer, limited

9 Canadian dealer, Internet portal, or investment advisor, a

10 representative of the dealer or investment advisor with

11 supervisory responsibility over the individual being

12 interviewed may be present at the interview.

13 J. The Secretary of State may require by rule or regulation

14 the payment of an additional fee for the filing of information

15 or documents required to be filed by this Section which have

16 not been filed in a timely manner. The Secretary of State may

17 also require by rule or regulation the payment of an

18 examination fee for administering any examination which it may

19 conduct pursuant to subsection B, C, D, or D-5 of this Section

20 8.

21 K. The Secretary of State may declare any application for

22 registration or limited registration under this Section 8

23 abandoned by order if the applicant fails to pay any fee or

24 file any information or document required under this Section 8

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1 or by rule or regulation for more than 30 days after the

2 required payment or filing date. The applicant may petition the

3 Secretary of State for a hearing within 15 days after the

4 applicant's receipt of the order of abandonment, provided that

5 the petition sets forth the grounds upon which the applicant

6 seeks a hearing.

7 L. Any document being filed pursuant to this Section 8

8 shall be deemed filed, and any fee being paid pursuant to this

9 Section 8 shall be deemed paid, upon the date of actual receipt

10 thereof by the Secretary of State or his or her designee.

11 M. The Secretary of State shall provide to the Illinois

12 Student Assistance Commission annually or at mutually agreed

13 periodic intervals the names and social security numbers of

14 natural persons registered under subsections B, C, D, and D-5

15 of this Section. The Illinois Student Assistance Commission

16 shall determine if any student loan defaulter is registered as

17 a dealer, limited Canadian dealer, Internet portal

18 salesperson, or investment adviser under this Act and report

19 its determination to the Secretary of State or his or her

20 designee.

21 (Source: P.A. 99-182, eff. 1-1-16.)

22 Section 999. Effective date. This Act takes effect upon

23 becoming law.

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1 INDEX

2 Statutes amended in order of appearance

3 20 ILCS 2105/2105-15

4 20 ILCS 2105/2105-207

5 20 ILCS 3310/80 rep.

6 105 ILCS 5/21B-75

7 215 ILCS 5/500-70

8 225 ILCS 30/95 from Ch. 111, par. 8401-95

9 225 ILCS 37/35

10 225 ILCS 41/15-75

11 225 ILCS 55/85 from Ch. 111, par. 8351-85

12 225 ILCS 57/45

13 225 ILCS 63/110

14 225 ILCS 75/19 from Ch. 111, par. 3719

15 225 ILCS 84/90

16 225 ILCS 107/80

17 225 ILCS 109/75

18 225 ILCS 110/16 from Ch. 111, par. 7916

19 225 ILCS 115/25 from Ch. 111, par. 7025

20 225 ILCS 130/75

21 225 ILCS 135/95

22 225 ILCS 305/22 from Ch. 111, par. 1322

23 225 ILCS 310/13 from Ch. 111, par. 8213

24 225 ILCS 325/24 from Ch. 111, par. 5224

25 225 ILCS 330/27 from Ch. 111, par. 3277

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