Bill Text: IL SB2439 | 2017-2018 | 100th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Moderate Partisan Bill (Democrat 12-2)

Status: (Passed) 2018-08-14 - Public Act . . . . . . . . . 100-0872 [SB2439 Detail]

Download: Illinois-2017-SB2439-Engrossed.html

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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Career
Preservation and Student Loan Repayment Act.
Section 5. License; student loan default. Notwithstanding
any other provision of law, no governmental agency or board
established under a statute of this State may impose or refer a
matter to any other governmental agency to impose a denial,
refusal to renew, suspension, revocation, or other
disciplinary action upon a professional or occupational
license issued under the laws of this State for a person's
delinquency, default, or other failure to perform on an
educational loan or scholarship provided by or guaranteed by
the Illinois Student Assistance Commission or any governmental
agency of this State.
Section 705. The Department of Professional Regulation Law
of the Civil Administrative Code of Illinois is amended by
changing Sections 2105-15 and 2105-207 as follows:
(20 ILCS 2105/2105-15)
Sec. 2105-15. General powers and duties.

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(a) The Department has, subject to the provisions of the
Civil Administrative Code of Illinois, the following powers and
duties:
(1) To authorize examinations in English to ascertain
the qualifications and fitness of applicants to exercise
the profession, trade, or occupation for which the
examination is held.
(2) To prescribe rules and regulations for a fair and
wholly impartial method of examination of candidates to
exercise the respective professions, trades, or
occupations.
(3) To pass upon the qualifications of applicants for
licenses, certificates, and authorities, whether by
examination, by reciprocity, or by endorsement.
(4) To prescribe rules and regulations defining, for
the respective professions, trades, and occupations, what
shall constitute a school, college, or university, or
department of a university, or other institution,
reputable and in good standing, and to determine the
reputability and good standing of a school, college, or
university, or department of a university, or other
institution, reputable and in good standing, by reference
to a compliance with those rules and regulations; provided,
that no school, college, or university, or department of a
university, or other institution that refuses admittance
to applicants solely on account of race, color, creed, sex,

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sexual orientation, or national origin shall be considered
reputable and in good standing.
(5) To conduct hearings on proceedings to revoke,
suspend, refuse to renew, place on probationary status, or
take other disciplinary action as authorized in any
licensing Act administered by the Department with regard to
licenses, certificates, or authorities of persons
exercising the respective professions, trades, or
occupations and to revoke, suspend, refuse to renew, place
on probationary status, or take other disciplinary action
as authorized in any licensing Act administered by the
Department with regard to those licenses, certificates, or
authorities.
The Department shall issue a monthly disciplinary
report.
The Department shall deny any license or renewal
authorized by the Civil Administrative Code of Illinois to
any person who has defaulted on an educational loan or
scholarship provided by or guaranteed by the Illinois
Student Assistance Commission or any governmental agency
of this State; however, the Department may issue a license
or renewal if the aforementioned persons have established a
satisfactory repayment record as determined by the
Illinois Student Assistance Commission or other
appropriate governmental agency of this State.
Additionally, beginning June 1, 1996, any license issued by

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the Department may be suspended or revoked if the
Department, after the opportunity for a hearing under the
appropriate licensing Act, finds that the licensee has
failed to make satisfactory repayment to the Illinois
Student Assistance Commission for a delinquent or
defaulted loan. For the purposes of this Section,
"satisfactory repayment record" shall be defined by rule.
The Department shall refuse to issue or renew a license
to, or shall suspend or revoke a license of, any person
who, after receiving notice, fails to comply with a
subpoena or warrant relating to a paternity or child
support proceeding. However, the Department may issue a
license or renewal upon compliance with the subpoena or
warrant.
The Department, without further process or hearings,
shall revoke, suspend, or deny any license or renewal
authorized by the Civil Administrative Code of Illinois to
a person who is certified by the Department of Healthcare
and Family Services (formerly Illinois Department of
Public Aid) as being more than 30 days delinquent in
complying with a child support order or who is certified by
a court as being in violation of the Non-Support Punishment
Act for more than 60 days. The Department may, however,
issue a license or renewal if the person has established a
satisfactory repayment record as determined by the
Department of Healthcare and Family Services (formerly

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Illinois Department of Public Aid) or if the person is
determined by the court to be in compliance with the
Non-Support Punishment Act. The Department may implement
this paragraph as added by Public Act 89-6 through the use
of emergency rules in accordance with Section 5-45 of the
Illinois Administrative Procedure Act. For purposes of the
Illinois Administrative Procedure Act, the adoption of
rules to implement this paragraph shall be considered an
emergency and necessary for the public interest, safety,
and welfare.
(6) To transfer jurisdiction of any realty under the
control of the Department to any other department of the
State Government or to acquire or accept federal lands when
the transfer, acquisition, or acceptance is advantageous
to the State and is approved in writing by the Governor.
(7) To formulate rules and regulations necessary for
the enforcement of any Act administered by the Department.
(8) To exchange with the Department of Healthcare and
Family Services information that may be necessary for the
enforcement of child support orders entered pursuant to the
Illinois Public Aid Code, the Illinois Marriage and
Dissolution of Marriage Act, the Non-Support of Spouse and
Children Act, the Non-Support Punishment Act, the Revised
Uniform Reciprocal Enforcement of Support Act, the Uniform
Interstate Family Support Act, the Illinois Parentage Act
of 1984, or the Illinois Parentage Act of 2015.

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Notwithstanding any provisions in this Code to the
contrary, the Department of Professional Regulation shall
not be liable under any federal or State law to any person
for any disclosure of information to the Department of
Healthcare and Family Services (formerly Illinois
Department of Public Aid) under this paragraph (8) or for
any other action taken in good faith to comply with the
requirements of this paragraph (8).
(8.5) To accept continuing education credit for
mandated reporter training on how to recognize and report
child abuse offered by the Department of Children and
Family Services and completed by any person who holds a
professional license issued by the Department and who is a
mandated reporter under the Abused and Neglected Child
Reporting Act. The Department shall adopt any rules
necessary to implement this paragraph.
(9) To perform other duties prescribed by law.
(a-5) Except in cases involving default on an educational
loan or scholarship provided by or guaranteed by the Illinois
Student Assistance Commission or any governmental agency of
this State or in cases involving delinquency in complying with
a child support order or violation of the Non-Support
Punishment Act and notwithstanding anything that may appear in
any individual licensing Act or administrative rule, no person
or entity whose license, certificate, or authority has been
revoked as authorized in any licensing Act administered by the

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Department may apply for restoration of that license,
certification, or authority until 3 years after the effective
date of the revocation.
(b) (Blank).
(c) For the purpose of securing and preparing evidence, and
for the purchase of controlled substances, professional
services, and equipment necessary for enforcement activities,
recoupment of investigative costs, and other activities
directed at suppressing the misuse and abuse of controlled
substances, including those activities set forth in Sections
504 and 508 of the Illinois Controlled Substances Act, the
Director and agents appointed and authorized by the Director
may expend sums from the Professional Regulation Evidence Fund
that the Director deems necessary from the amounts appropriated
for that purpose. Those sums may be advanced to the agent when
the Director deems that procedure to be in the public interest.
Sums for the purchase of controlled substances, professional
services, and equipment necessary for enforcement activities
and other activities as set forth in this Section shall be
advanced to the agent who is to make the purchase from the
Professional Regulation Evidence Fund on vouchers signed by the
Director. The Director and those agents are authorized to
maintain one or more commercial checking accounts with any
State banking corporation or corporations organized under or
subject to the Illinois Banking Act for the deposit and
withdrawal of moneys to be used for the purposes set forth in

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this Section; provided, that no check may be written nor any
withdrawal made from any such account except upon the written
signatures of 2 persons designated by the Director to write
those checks and make those withdrawals. Vouchers for those
expenditures must be signed by the Director. All such
expenditures shall be audited by the Director, and the audit
shall be submitted to the Department of Central Management
Services for approval.
(d) Whenever the Department is authorized or required by
law to consider some aspect of criminal history record
information for the purpose of carrying out its statutory
powers and responsibilities, then, upon request and payment of
fees in conformance with the requirements of Section 2605-400
of the Department of State Police Law (20 ILCS 2605/2605-400),
the Department of State Police is authorized to furnish,
pursuant to positive identification, the information contained
in State files that is necessary to fulfill the request.
(e) The provisions of this Section do not apply to private
business and vocational schools as defined by Section 15 of the
Private Business and Vocational Schools Act of 2012.
(f) (Blank).
(g) Notwithstanding anything that may appear in any
individual licensing statute or administrative rule, the
Department shall deny any license application or renewal
authorized under any licensing Act administered by the
Department to any person who has failed to file a return, or to

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pay the tax, penalty, or interest shown in a filed return, or
to pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Illinois Department
of Revenue, until such time as the requirement of any such tax
Act are satisfied; however, the Department may issue a license
or renewal if the person has established a satisfactory
repayment record as determined by the Illinois Department of
Revenue. For the purpose of this Section, "satisfactory
repayment record" shall be defined by rule.
In addition, a complaint filed with the Department by the
Illinois Department of Revenue that includes a certification,
signed by its Director or designee, attesting to the amount of
the unpaid tax liability or the years for which a return was
not filed, or both, is prima facie evidence of the licensee's
failure to comply with the tax laws administered by the
Illinois Department of Revenue. Upon receipt of that
certification, the Department shall, without a hearing,
immediately suspend all licenses held by the licensee.
Enforcement of the Department's order shall be stayed for 60
days. The Department shall provide notice of the suspension to
the licensee by mailing a copy of the Department's order to the
licensee's address of record or emailing a copy of the order to
the licensee's email address of record. The notice shall advise
the licensee that the suspension shall be effective 60 days
after the issuance of the Department's order unless the
Department receives, from the licensee, a request for a hearing

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before the Department to dispute the matters contained in the
order.
Any suspension imposed under this subsection (g) shall be
terminated by the Department upon notification from the
Illinois Department of Revenue that the licensee is in
compliance with all tax laws administered by the Illinois
Department of Revenue.
The Department may promulgate rules for the administration
of this subsection (g).
(h) The Department may grant the title "Retired", to be
used immediately adjacent to the title of a profession
regulated by the Department, to eligible retirees. For
individuals licensed under the Medical Practice Act of 1987,
the title "Retired" may be used in the profile required by the
Patients' Right to Know Act. The use of the title "Retired"
shall not constitute representation of current licensure,
registration, or certification. Any person without an active
license, registration, or certificate in a profession that
requires licensure, registration, or certification shall not
be permitted to practice that profession.
(i) Within 180 days after December 23, 2009 (the effective
date of Public Act 96-852), the Department shall promulgate
rules which permit a person with a criminal record, who seeks a
license or certificate in an occupation for which a criminal
record is not expressly a per se bar, to apply to the
Department for a non-binding, advisory opinion to be provided

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by the Board or body with the authority to issue the license or
certificate as to whether his or her criminal record would bar
the individual from the licensure or certification sought,
should the individual meet all other licensure requirements
including, but not limited to, the successful completion of the
relevant examinations.
(Source: P.A. 99-85, eff. 1-1-16; 99-227, eff. 8-3-15; 99-330,
eff. 8-10-15; 99-642, eff. 7-28-16; 99-933, eff. 1-27-17;
100-262, eff. 8-22-17; revised 10-4-17.)
(20 ILCS 2105/2105-207)
Sec. 2105-207. Records of Department actions.
(a) Any licensee subject to a licensing Act administered by
the Division of Professional Regulation and who has been
subject to disciplinary action by the Department may file an
application with the Department on forms provided by the
Department, along with the required fee of $175, to have the
records classified as confidential, not for public release, and
considered expunged for reporting purposes if:
(1) the application is submitted more than 3 years
after the disciplinary offense or offenses occurred or
after restoration of the license, whichever is later;
(2) the licensee has had no incidents of discipline
under the licensing Act since the disciplinary offense or
offenses identified in the application occurred;
(3) the Department has no pending investigations

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against the licensee; and
(4) the licensee is not currently in a disciplinary
status.
(b) An application to make disciplinary records
confidential shall only be considered by the Department for an
offense or action relating to:
(1) failure to pay taxes or student loans;
(2) continuing education;
(3) failure to renew a license on time;
(4) failure to obtain or renew a certificate of
registration or ancillary license;
(5) advertising;
(5.1) discipline based on criminal charges or
convictions:
(A) that did not arise from the licensed activity
and was unrelated to the licensed activity; or
(B) that were dismissed or for which records have
been sealed or expunged; .
(5.2) past probationary status of a license issued to
new applicants on the sole or partial basis of prior
convictions; or
(6) any grounds for discipline removed from the
licensing Act.
(c) An application shall be submitted to and considered by
the Director of the Division of Professional Regulation upon
submission of an application and the required non-refundable

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fee. The Department may establish additional requirements by
rule. The Department is not required to report the removal of
any disciplinary record to any national database. Nothing in
this Section shall prohibit the Department from using a
previous discipline for any regulatory purpose or from
releasing records of a previous discipline upon request from
law enforcement, or other governmental body as permitted by
law. Classification of records as confidential shall result in
removal of records of discipline from records kept pursuant to
Sections 2105-200 and 2105-205 of this Act.
(d) Any applicant for licensure or a licensee whose
petition for review is granted by the Department pursuant to
subsection (a-1) of Section 2105-165 of this Law may file an
application with the Department on forms provided by the
Department to have records relating to his or her permanent
denial or permanent revocation classified as confidential and
not for public release and considered expunged for reporting
purposes in the same manner and under the same terms as is
provided in this Section for the offenses listed in subsection
(b) of this Section, except that the requirements of a 7-year
waiting period and the $200 application fee do not apply.
(Source: P.A. 100-262, eff. 8-22-17; 100-286, eff. 1-1-18;
revised 10-4-17.)
(20 ILCS 3310/80 rep.)
Section 710. The Nuclear Safety Law of 2004 is amended by

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repealing Section 80.
Section 715. The School Code is amended by changing Section
21B-75 as follows:
(105 ILCS 5/21B-75)
Sec. 21B-75. Suspension or revocation of license.
(a) As used in this Section, "teacher" means any school
district employee regularly required to be licensed, as
provided in this Article, in order to teach or supervise in the
public schools.
(b) The State Superintendent of Education has the exclusive
authority, in accordance with this Section and any rules
adopted by the State Board of Education, in consultation with
the State Educator Preparation and Licensure Board, to initiate
the suspension of up to 5 calendar years or revocation of any
license issued pursuant to this Article for abuse or neglect of
a child, immorality, a condition of health detrimental to the
welfare of pupils, incompetency, unprofessional conduct (which
includes the failure to disclose on an employment application
any previous conviction for a sex offense, as defined in
Section 21B-80 of this Code, or any other offense committed in
any other state or against the laws of the United States that,
if committed in this State, would be punishable as a sex
offense, as defined in Section 21B-80 of this Code), the
neglect of any professional duty, willful failure to report an

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instance of suspected child abuse or neglect as required by the
Abused and Neglected Child Reporting Act, failure to establish
satisfactory repayment on an educational loan guaranteed by the
Illinois Student Assistance Commission, or other just cause.
Unprofessional conduct shall include the refusal to attend or
participate in institutes, teachers' meetings, or professional
readings or to meet other reasonable requirements of the
regional superintendent of schools or State Superintendent of
Education. Unprofessional conduct also includes conduct that
violates the standards, ethics, or rules applicable to the
security, administration, monitoring, or scoring of or the
reporting of scores from any assessment test or examination
administered under Section 2-3.64a-5 of this Code or that is
known or intended to produce or report manipulated or
artificial, rather than actual, assessment or achievement
results or gains from the administration of those tests or
examinations. Unprofessional conduct shall also include
neglect or unnecessary delay in the making of statistical and
other reports required by school officers. Incompetency shall
include, without limitation, 2 or more school terms of service
for which the license holder has received an unsatisfactory
rating on a performance evaluation conducted pursuant to
Article 24A of this Code within a period of 7 school terms of
service. In determining whether to initiate action against one
or more licenses based on incompetency and the recommended
sanction for such action, the State Superintendent shall

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consider factors that include without limitation all of the
following:
(1) Whether the unsatisfactory evaluation ratings
occurred prior to June 13, 2011 (the effective date of
Public Act 97-8).
(2) Whether the unsatisfactory evaluation ratings
occurred prior to or after the implementation date, as
defined in Section 24A-2.5 of this Code, of an evaluation
system for teachers in a school district.
(3) Whether the evaluator or evaluators who performed
an unsatisfactory evaluation met the pre-licensure and
training requirements set forth in Section 24A-3 of this
Code.
(4) The time between the unsatisfactory evaluation
ratings.
(5) The quality of the remediation plans associated
with the unsatisfactory evaluation ratings and whether the
license holder successfully completed the remediation
plans.
(6) Whether the unsatisfactory evaluation ratings were
related to the same or different assignments performed by
the license holder.
(7) Whether one or more of the unsatisfactory
evaluation ratings occurred in the first year of a teaching
or administrative assignment.
When initiating an action against one or more licenses, the

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State Superintendent may seek required professional
development as a sanction in lieu of or in addition to
suspension or revocation. Any such required professional
development must be at the expense of the license holder, who
may use, if available and applicable to the requirements
established by administrative or court order, training,
coursework, or other professional development funds in
accordance with the terms of an applicable collective
bargaining agreement entered into after June 13, 2011 (the
effective date of Public Act 97-8), unless that agreement
specifically precludes use of funds for such purpose.
(c) The State Superintendent of Education shall, upon
receipt of evidence of abuse or neglect of a child, immorality,
a condition of health detrimental to the welfare of pupils,
incompetency (subject to subsection (b) of this Section),
unprofessional conduct, the neglect of any professional duty,
or other just cause, further investigate and, if and as
appropriate, serve written notice to the individual and afford
the individual opportunity for a hearing prior to suspension,
revocation, or other sanction; provided that the State
Superintendent is under no obligation to initiate such an
investigation if the Department of Children and Family Services
is investigating the same or substantially similar allegations
and its child protective service unit has not made its
determination, as required under Section 7.12 of the Abused and
Neglected Child Reporting Act. If the State Superintendent of

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Education does not receive from an individual a request for a
hearing within 10 days after the individual receives notice,
the suspension, revocation, or other sanction shall
immediately take effect in accordance with the notice. If a
hearing is requested within 10 days after notice of an
opportunity for hearing, it shall act as a stay of proceedings
until the State Educator Preparation and Licensure Board issues
a decision. Any hearing shall take place in the educational
service region where the educator is or was last employed and
in accordance with rules adopted by the State Board of
Education, in consultation with the State Educator Preparation
and Licensure Board, and such rules shall include without
limitation provisions for discovery and the sharing of
information between parties prior to the hearing. The standard
of proof for any administrative hearing held pursuant to this
Section shall be by the preponderance of the evidence. The
decision of the State Educator Preparation and Licensure Board
is a final administrative decision and is subject to judicial
review by appeal of either party.
The State Board of Education may refuse to issue or may
suspend the license of any person who fails to file a return or
to pay the tax, penalty, or interest shown in a filed return or
to pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Department of
Revenue, until such time as the requirements of any such tax
Act are satisfied.

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The exclusive authority of the State Superintendent of
Education to initiate suspension or revocation of a license
pursuant to this Section does not preclude a regional
superintendent of schools from cooperating with the State
Superintendent or a State's Attorney with respect to an
investigation of alleged misconduct.
(d) The State Superintendent of Education or his or her
designee may initiate and conduct such investigations as may be
reasonably necessary to establish the existence of any alleged
misconduct. At any stage of the investigation, the State
Superintendent may issue a subpoena requiring the attendance
and testimony of a witness, including the license holder, and
the production of any evidence, including files, records,
correspondence, or documents, relating to any matter in
question in the investigation. The subpoena shall require a
witness to appear at the State Board of Education at a
specified date and time and shall specify any evidence to be
produced. The license holder is not entitled to be present, but
the State Superintendent shall provide the license holder with
a copy of any recorded testimony prior to a hearing under this
Section. Such recorded testimony must not be used as evidence
at a hearing, unless the license holder has adequate notice of
the testimony and the opportunity to cross-examine the witness.
Failure of a license holder to comply with a duly issued,
investigatory subpoena may be grounds for revocation,
suspension, or denial of a license.

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(e) All correspondence, documentation, and other
information so received by the regional superintendent of
schools, the State Superintendent of Education, the State Board
of Education, or the State Educator Preparation and Licensure
Board under this Section is confidential and must not be
disclosed to third parties, except (i) as necessary for the
State Superintendent of Education or his or her designee to
investigate and prosecute pursuant to this Article, (ii)
pursuant to a court order, (iii) for disclosure to the license
holder or his or her representative, or (iv) as otherwise
required in this Article and provided that any such information
admitted into evidence in a hearing is exempt from this
confidentiality and non-disclosure requirement.
(f) The State Superintendent of Education or a person
designated by him or her shall have the power to administer
oaths to witnesses at any hearing conducted before the State
Educator Preparation and Licensure Board pursuant to this
Section. The State Superintendent of Education or a person
designated by him or her is authorized to subpoena and bring
before the State Educator Preparation and Licensure Board any
person in this State and to take testimony either orally or by
deposition or by exhibit, with the same fees and mileage and in
the same manner as prescribed by law in judicial proceedings in
civil cases in circuit courts of this State.
(g) Any circuit court, upon the application of the State
Superintendent of Education or the license holder, may, by

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order duly entered, require the attendance of witnesses and the
production of relevant books and papers as part of any
investigation or at any hearing the State Educator Preparation
and Licensure Board is authorized to conduct pursuant to this
Section, and the court may compel obedience to its orders by
proceedings for contempt.
(h) The State Board of Education shall receive an annual
line item appropriation to cover fees associated with the
investigation and prosecution of alleged educator misconduct
and hearings related thereto.
(Source: P.A. 97-607, eff. 8-26-11; incorporates 97-8, eff.
6-13-11; 97-813, eff. 7-13-12; 98-972, eff. 8-15-14.)
Section 717. The Nursing Education Scholarship Law is
amended by changing Section 4 as follows:
(110 ILCS 975/4) (from Ch. 144, par. 2754)
Sec. 4. Functions of Department. The Department shall
prepare and supervise the issuance of public information about
the provisions of this Article; prescribe the form and regulate
the submission of applications for scholarships; determine the
eligibility of applicants; award the appropriate scholarships;
prescribe the contracts or other acknowledgments of
scholarship which an applicant is required to execute; and
determine whether all or any part of a recipient's scholarship
needs to be monetarily repaid, or has been excused from

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repayment, and the extent of any repayment or excused
repayment. The Department may require a recipient to reimburse
the State for expenses, including but not limited to attorney's
fees, incurred by the Department or other agent of the State
for a successful legal action against the recipient for a
breach of any provision of the scholarship contract. In a
breach of contract, the Department may utilize referral to the
Department of Professional Regulation to revoke, suspend,
refuse to renew, place on probationary status, or take other
disciplinary action concerning the recipient's credentials.
The Department is authorized to make all necessary and proper
rules, not inconsistent with this Article, for the efficient
exercise of the foregoing functions.
(Source: P.A. 92-43, eff. 1-1-02.)
Section 720. The Illinois Insurance Code is amended by
changing Section 500-70 as follows:
(215 ILCS 5/500-70)
(Section scheduled to be repealed on January 1, 2027)
Sec. 500-70. License denial, nonrenewal, or revocation.
(a) The Director may place on probation, suspend, revoke,
or refuse to issue or renew an insurance producer's license or
may levy a civil penalty in accordance with this Section or
take any combination of actions, for any one or more of the
following causes:

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(1) providing incorrect, misleading, incomplete, or
materially untrue information in the license application;
(2) violating any insurance laws, or violating any
rule, subpoena, or order of the Director or of another
state's insurance commissioner;
(3) obtaining or attempting to obtain a license through
misrepresentation or fraud;
(4) improperly withholding, misappropriating or
converting any moneys or properties received in the course
of doing insurance business;
(5) intentionally misrepresenting the terms of an
actual or proposed insurance contract or application for
insurance;
(6) having been convicted of a felony, unless the
individual demonstrates to the Director sufficient
rehabilitation to warrant the public trust; consideration
of such conviction of an applicant shall be in accordance
with Section 500-76;
(7) having admitted or been found to have committed any
insurance unfair trade practice or fraud;
(8) using fraudulent, coercive, or dishonest
practices, or demonstrating incompetence,
untrustworthiness or financial irresponsibility in the
conduct of business in this State or elsewhere;
(9) having an insurance producer license, or its
equivalent, denied, suspended, or revoked in any other

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state, province, district or territory;
(10) forging a name to an application for insurance or
to a document related to an insurance transaction;
(11) improperly using notes or any other reference
material to complete an examination for an insurance
license;
(12) knowingly accepting insurance business from an
individual who is not licensed;
(13) failing to comply with an administrative or court
order imposing a child support obligation;
(14) failing to pay state income tax or penalty or
interest or comply with any administrative or court order
directing payment of state income tax or failed to file a
return or to pay any final assessment of any tax due to the
Department of Revenue;
(15) (blank); or failing to make satisfactory
repayment to the Illinois Student Assistance Commission
for a delinquent or defaulted student loan; or
(16) failing to comply with any provision of the
Viatical Settlements Act of 2009.
(b) If the action by the Director is to nonrenew, suspend,
or revoke a license or to deny an application for a license,
the Director shall notify the applicant or licensee and advise,
in writing, the applicant or licensee of the reason for the
suspension, revocation, denial or nonrenewal of the
applicant's or licensee's license. The applicant or licensee

SB2439 Engrossed - 25 - LRB100 18051 XWW 33240 b
may make written demand upon the Director within 30 days after
the date of mailing for a hearing before the Director to
determine the reasonableness of the Director's action. The
hearing must be held within not fewer than 20 days nor more
than 30 days after the mailing of the notice of hearing and
shall be held pursuant to 50 Ill. Adm. Code 2402.
(c) The license of a business entity may be suspended,
revoked, or refused if the Director finds, after hearing, that
an individual licensee's violation was known or should have
been known by one or more of the partners, officers, or
managers acting on behalf of the partnership, corporation,
limited liability company, or limited liability partnership
and the violation was neither reported to the Director nor
corrective action taken.
(d) In addition to or instead of any applicable denial,
suspension, or revocation of a license, a person may, after
hearing, be subject to a civil penalty of up to $10,000 for
each cause for denial, suspension, or revocation, however, the
civil penalty may total no more than $100,000.
(e) The Director has the authority to enforce the
provisions of and impose any penalty or remedy authorized by
this Article against any person who is under investigation for
or charged with a violation of this Code or rules even if the
person's license or registration has been surrendered or has
lapsed by operation of law.
(f) Upon the suspension, denial, or revocation of a

SB2439 Engrossed - 26 - LRB100 18051 XWW 33240 b
license, the licensee or other person having possession or
custody of the license shall promptly deliver it to the
Director in person or by mail. The Director shall publish all
suspensions, denials, or revocations after the suspensions,
denials, or revocations become final in a manner designed to
notify interested insurance companies and other persons.
(g) A person whose license is revoked or whose application
is denied pursuant to this Section is ineligible to apply for
any license for 3 years after the revocation or denial. A
person whose license as an insurance producer has been revoked,
suspended, or denied may not be employed, contracted, or
engaged in any insurance related capacity during the time the
revocation, suspension, or denial is in effect.
(Source: P.A. 100-286, eff. 1-1-18.)
Section 725. The Illinois Athletic Trainers Practice Act is
amended by changing Section 16 as follows:
(225 ILCS 5/16) (from Ch. 111, par. 7616)
(Section scheduled to be repealed on January 1, 2026)
Sec. 16. Grounds for discipline.
(1) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary action as the Department may deem proper,
including fines not to exceed $10,000 for each violation, with
regard to any licensee for any one or combination of the

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following:
(A) Material misstatement in furnishing information to
the Department;
(B) Violations of this Act, or of the rules or
regulations promulgated hereunder;
(C) Conviction of or plea of guilty to any crime under
the Criminal Code of 2012 or the laws of any jurisdiction
of the United States that is (i) a felony, (ii) a
misdemeanor, an essential element of which is dishonesty,
or (iii) of any crime that is directly related to the
practice of the profession;
(D) Fraud or any misrepresentation in applying for or
procuring a license under this Act, or in connection with
applying for renewal of a license under this Act;
(E) Professional incompetence or gross negligence;
(F) Malpractice;
(G) Aiding or assisting another person, firm,
partnership, or corporation in violating any provision of
this Act or rules;
(H) Failing, within 60 days, to provide information in
response to a written request made by the Department;
(I) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud or harm the public;
(J) Habitual or excessive use or abuse of drugs defined
in law as controlled substances, alcohol, or any other

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substance that results in the inability to practice with
reasonable judgment, skill, or safety;
(K) Discipline by another state, unit of government,
government agency, the District of Columbia, territory, or
foreign nation, if at least one of the grounds for the
discipline is the same or substantially equivalent to those
set forth herein;
(L) Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership, or association
any fee, commission, rebate, or other form of compensation
for any professional services not actually or personally
rendered. Nothing in this subparagraph (L) affects any bona
fide independent contractor or employment arrangements
among health care professionals, health facilities, health
care providers, or other entities, except as otherwise
prohibited by law. Any employment arrangements may include
provisions for compensation, health insurance, pension, or
other employment benefits for the provision of services
within the scope of the licensee's practice under this Act.
Nothing in this subparagraph (L) shall be construed to
require an employment arrangement to receive professional
fees for services rendered;
(M) A finding by the Department that the licensee after
having his or her license disciplined has violated the
terms of probation;
(N) Abandonment of an athlete;

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(O) Willfully making or filing false records or reports
in his or her practice, including but not limited to false
records filed with State agencies or departments;
(P) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act;
(Q) Physical illness, including but not limited to
deterioration through the aging process, or loss of motor
skill that results in the inability to practice the
profession with reasonable judgment, skill, or safety;
(R) Solicitation of professional services other than
by permitted institutional policy;
(S) The use of any words, abbreviations, figures or
letters with the intention of indicating practice as an
athletic trainer without a valid license as an athletic
trainer under this Act;
(T) The evaluation or treatment of ailments of human
beings other than by the practice of athletic training as
defined in this Act or the treatment of injuries of
athletes by a licensed athletic trainer except by the
referral of a physician, podiatric physician, or dentist;
(U) Willfully violating or knowingly assisting in the
violation of any law of this State relating to the use of
habit-forming drugs;
(V) Willfully violating or knowingly assisting in the
violation of any law of this State relating to the practice

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of abortion;
(W) Continued practice by a person knowingly having an
infectious communicable or contagious disease;
(X) Being named as a perpetrator in an indicated report
by the Department of Children and Family Services pursuant
to the Abused and Neglected Child Reporting Act and upon
proof by clear and convincing evidence that the licensee
has caused a child to be an abused child or neglected child
as defined in the Abused and Neglected Child Reporting Act;
(Y) (Blank);
(Z) Failure to fulfill continuing education
requirements;
(AA) Allowing one's license under this Act to be used
by an unlicensed person in violation of this Act;
(BB) Practicing under a false or, except as provided by
law, assumed name;
(CC) Promotion of the sale of drugs, devices,
appliances, or goods provided in any manner to exploit the
client for the financial gain of the licensee;
(DD) Gross, willful, or continued overcharging for
professional services;
(EE) Mental illness or disability that results in the
inability to practice under this Act with reasonable
judgment, skill, or safety; or
(FF) Cheating on or attempting to subvert the licensing
examination administered under this Act.

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All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the fine
or in accordance with the terms set forth in the order imposing
the fine.
(2) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. Such suspension will
end only upon a finding by a court that the licensee is no
longer subject to involuntary admission or judicial admission
and issuance of an order so finding and discharging the
licensee.
(3) The Department may refuse to issue or may suspend
without hearing, as provided for in the Code of Civil
Procedure, the license of any person who fails to file a
return, to pay the tax, penalty, or interest shown in a filed
return, or to pay any final assessment of tax, penalty, or
interest as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied in accordance
with subsection (a) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois.
(4) In enforcing this Section, the Department, upon a
showing of a possible violation, may compel any individual who
is licensed under this Act or any individual who has applied

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for licensure to submit to a mental or physical examination or
evaluation, or both, which may include a substance abuse or
sexual offender evaluation, at the expense of the Department.
The Department shall specifically designate the examining
physician licensed to practice medicine in all of its branches
or, if applicable, the multidisciplinary team involved in
providing the mental or physical examination and evaluation.
The multidisciplinary team shall be led by a physician licensed
to practice medicine in all of its branches and may consist of
one or more or a combination of physicians licensed to practice
medicine in all of its branches, licensed chiropractic
physicians, licensed clinical psychologists, licensed clinical
social workers, licensed clinical professional counselors, and
other professional and administrative staff. Any examining
physician or member of the multidisciplinary team may require
any person ordered to submit to an examination and evaluation
pursuant to this Section to submit to any additional
supplemental testing deemed necessary to complete any
examination or evaluation process, including, but not limited
to, blood testing, urinalysis, psychological testing, or
neuropsychological testing.
The Department may order the examining physician or any
member of the multidisciplinary team to provide to the
Department any and all records, including business records,
that relate to the examination and evaluation, including any
supplemental testing performed. The Department may order the

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examining physician or any member of the multidisciplinary team
to present testimony concerning this examination and
evaluation of the licensee or applicant, including testimony
concerning any supplemental testing or documents relating to
the examination and evaluation. No information, report,
record, or other documents in any way related to the
examination and evaluation shall be excluded by reason of any
common law or statutory privilege relating to communication
between the licensee or applicant and the examining physician
or any member of the multidisciplinary team. No authorization
is necessary from the licensee or applicant ordered to undergo
an evaluation and examination for the examining physician or
any member of the multidisciplinary team to provide
information, reports, records, or other documents or to provide
any testimony regarding the examination and evaluation. The
individual to be examined may have, at his or her own expense,
another physician of his or her choice present during all
aspects of the examination.
Failure of any individual to submit to a mental or physical
examination or evaluation, or both, when directed, shall result
in an automatic suspension without hearing, until such time as
the individual submits to the examination. If the Department
finds a licensee unable to practice because of the reasons set
forth in this Section, the Department shall require the
licensee to submit to care, counseling, or treatment by
physicians approved or designated by the Department as a

SB2439 Engrossed - 34 - LRB100 18051 XWW 33240 b
condition for continued, reinstated, or renewed licensure.
When the Secretary immediately suspends a license under
this Section, a hearing upon such person's license must be
convened by the Department within 15 days after the suspension
and completed without appreciable delay. The Department shall
have the authority to review the licensee's record of treatment
and counseling regarding the impairment to the extent permitted
by applicable federal statutes and regulations safeguarding
the confidentiality of medical records.
Individuals licensed under this Act who are affected under
this Section shall be afforded an opportunity to demonstrate to
the Department that they can resume practice in compliance with
acceptable and prevailing standards under the provisions of
their license.
(5) (Blank). The Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with paragraph (5) of
subsection (a) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois.
(6) In cases where the Department of Healthcare and Family
Services has previously determined a licensee or a potential
licensee is more than 30 days delinquent in the payment of
child support and has subsequently certified the delinquency to

SB2439 Engrossed - 35 - LRB100 18051 XWW 33240 b
the Department, the Department may refuse to issue or renew or
may revoke or suspend that person's license or may take other
disciplinary action against that person based solely upon the
certification of delinquency made by the Department of
Healthcare and Family Services in accordance with paragraph (5)
of subsection (a) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois.
(Source: P.A. 98-214, eff. 8-9-13; 99-469, eff. 8-26-15.)
Section 730. The Dietitian Nutritionist Practice Act is
amended by changing Section 95 as follows:
(225 ILCS 30/95) (from Ch. 111, par. 8401-95)
(Section scheduled to be repealed on January 1, 2023)
Sec. 95. Grounds for discipline.
(1) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action as the Department may
deem appropriate, including imposing fines not to exceed
$10,000 for each violation, with regard to any license or
certificate for any one or combination of the following causes:
(a) Material misstatement in furnishing information to
the Department.
(b) Violations of this Act or of rules adopted under
this Act.

SB2439 Engrossed - 36 - LRB100 18051 XWW 33240 b
(c) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States (i) that
is a felony or (ii) that is a misdemeanor, an essential
element of which is dishonesty, or that is directly related
to the practice of the profession.
(d) Fraud or any misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal of a license under this Act.
(e) Professional incompetence or gross negligence.
(f) Malpractice.
(g) Aiding or assisting another person in violating any
provision of this Act or its rules.
(h) Failing to provide information within 60 days in
response to a written request made by the Department.
(i) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(j) Habitual or excessive use or abuse of drugs defined
in law as controlled substances, alcohol, or any other
substance that results in the inability to practice with
reasonable judgment, skill, or safety.
(k) Discipline by another state, the District of

SB2439 Engrossed - 37 - LRB100 18051 XWW 33240 b
Columbia, territory, country, or governmental agency if at
least one of the grounds for the discipline is the same or
substantially equivalent to those set forth in this Act.
(l) Charging for professional services not rendered,
including filing false statements for the collection of
fees for which services are not rendered. Nothing in this
paragraph (1) affects any bona fide independent contractor
or employment arrangements among health care
professionals, health facilities, health care providers,
or other entities, except as otherwise prohibited by law.
Any employment arrangements may include provisions for
compensation, health insurance, pension, or other
employment benefits for the provision of services within
the scope of the licensee's practice under this Act.
Nothing in this paragraph (1) shall be construed to require
an employment arrangement to receive professional fees for
services rendered.
(m) A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation.
(n) Willfully making or filing false records or reports
in his or her practice, including, but not limited to,
false records filed with State agencies or departments.
(o) Allowing one's license under this Act to be used by
an unlicensed person in violation of this Act.
(p) Practicing under a false or, except as provided by

SB2439 Engrossed - 38 - LRB100 18051 XWW 33240 b
law, an assumed name.
(q) Gross and willful overcharging for professional
services.
(r) (Blank).
(s) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(t) Cheating on or attempting to subvert a licensing
examination administered under this Act.
(u) Mental illness or disability that results in the
inability to practice under this Act with reasonable
judgment, skill, or safety.
(v) Physical illness, including, but not limited to,
deterioration through the aging process or loss of motor
skill that results in a licensee's inability to practice
under this Act with reasonable judgment, skill, or safety.
(w) Advising an individual to discontinue, reduce,
increase, or otherwise alter the intake of a drug
prescribed by a physician licensed to practice medicine in
all its branches or by a prescriber as defined in Section
102 of the Illinois Controlled Substances Act.
(2) The Department may refuse to issue or may suspend
without hearing, as provided for in the Code of Civil
Procedure, the license of any person who fails to file a
return, or pay the tax, penalty, or interest shown in a filed
return, or pay any final assessment of the tax, penalty, or

SB2439 Engrossed - 39 - LRB100 18051 XWW 33240 b
interest as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied in accordance
with subsection (g) of Section 2105-15 of the Civil
Administrative Code of Illinois.
(3) (Blank). The Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with item (5) of subsection
(a) of Section 2105-15 of the Civil Administrative Code of
Illinois.
(4) In cases where the Department of Healthcare and Family
Services has previously determined a licensee or a potential
licensee is more than 30 days delinquent in the payment of
child support and has subsequently certified the delinquency to
the Department, the Department may refuse to issue or renew or
may revoke or suspend that person's license or may take other
disciplinary action against that person based solely upon the
certification of delinquency made by the Department of
Healthcare and Family Services in accordance with item (5) of
subsection (a) of Section 2105-15 of the Civil Administrative
Code of Illinois.
(5) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission, as
provided in the Mental Health and Developmental Disabilities

SB2439 Engrossed - 40 - LRB100 18051 XWW 33240 b
Code, operates as an automatic suspension. The suspension shall
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and the issuance of an order so finding and discharging the
patient.
(6) In enforcing this Act, the Department, upon a showing
of a possible violation, may compel an individual licensed to
practice under this Act, or who has applied for licensure under
this Act, to submit to a mental or physical examination, or
both, as required by and at the expense of the Department. The
Department may order the examining physician to present
testimony concerning the mental or physical examination of the
licensee or applicant. No information shall be excluded by
reason of any common law or statutory privilege relating to
communications between the licensee or applicant and the
examining physician. The examining physicians shall be
specifically designated by the Department. The individual to be
examined may have, at his or her own expense, another physician
of his or her choice present during all aspects of this
examination. The examination shall be performed by a physician
licensed to practice medicine in all its branches. Failure of
an individual to submit to a mental or physical examination,
when directed, shall result in an automatic suspension without
hearing.
A person holding a license under this Act or who has
applied for a license under this Act who, because of a physical

SB2439 Engrossed - 41 - LRB100 18051 XWW 33240 b
or mental illness or disability, including, but not limited to,
deterioration through the aging process or loss of motor skill,
is unable to practice the profession with reasonable judgment,
skill, or safety, may be required by the Department to submit
to care, counseling, or treatment by physicians approved or
designated by the Department as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice. Submission to care, counseling, or treatment as
required by the Department shall not be considered discipline
of a license. If the licensee refuses to enter into a care,
counseling, or treatment agreement or fails to abide by the
terms of the agreement, then the Department may file a
complaint to revoke, suspend, or otherwise discipline the
license of the individual. The Secretary may order the license
suspended immediately, pending a hearing by the Department.
Fines shall not be assessed in disciplinary actions involving
physical or mental illness or impairment.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that person's
license must be convened by the Department within 15 days after
the suspension and completed without appreciable delay. The
Department shall have the authority to review the subject
individual's record of treatment and counseling regarding the
impairment to the extent permitted by applicable federal
statutes and regulations safeguarding the confidentiality of
medical records.

SB2439 Engrossed - 42 - LRB100 18051 XWW 33240 b
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate to
the Department that he or she can resume practice in compliance
with acceptable and prevailing standards under the provisions
of his or her license.
(Source: P.A. 97-1141, eff. 12-28-12; 98-148, eff. 8-2-13;
98-756, eff. 7-16-14.)
Section 735. The Environmental Health Practitioner
Licensing Act is amended by changing Section 35 as follows:
(225 ILCS 37/35)
(Section scheduled to be repealed on January 1, 2019)
Sec. 35. Grounds for discipline.
(a) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary action with regard to any license issued under
this Act as the Department may consider proper, including the
imposition of fines not to exceed $5,000 for each violation,
for any one or combination of the following causes:
(1) Material misstatement in furnishing information to
the Department.
(2) Violations of this Act or its rules.
(3) Conviction of any felony under the laws of any U.S.
jurisdiction, any misdemeanor an essential element of
which is dishonesty, or any crime that is directly related

SB2439 Engrossed - 43 - LRB100 18051 XWW 33240 b
to the practice of the profession.
(4) Making any misrepresentation for the purpose of
obtaining a certificate of registration.
(5) Professional incompetence.
(6) Aiding or assisting another person in violating any
provision of this Act or its rules.
(7) Failing to provide information within 60 days in
response to a written request made by the Department.
(8) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public as defined by rules of the
Department.
(9) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that results in an environmental health practitioner's
inability to practice with reasonable judgment, skill, or
safety.
(10) Discipline by another U.S. jurisdiction or
foreign nation, if at least one of the grounds for a
discipline is the same or substantially equivalent to those
set forth in this Act.
(11) A finding by the Department that the registrant,
after having his or her license placed on probationary
status, has violated the terms of probation.
(12) Willfully making or filing false records or
reports in his or her practice, including, but not limited

SB2439 Engrossed - 44 - LRB100 18051 XWW 33240 b
to, false records filed with State agencies or departments.
(13) Physical illness, including, but not limited to,
deterioration through the aging process or loss of motor
skills that result in the inability to practice the
profession with reasonable judgment, skill, or safety.
(14) Failure to comply with rules promulgated by the
Illinois Department of Public Health or other State
agencies related to the practice of environmental health.
(15) (Blank). The Department shall deny any
application for a license or renewal of a license under
this Act, without hearing, to a person who has defaulted on
an educational loan guaranteed by the Illinois Student
Assistance Commission; however, the Department may issue a
license or renewal of a license if the person in default
has established a satisfactory repayment record as
determined by the Illinois Student Assistance Commission.
(16) Solicitation of professional services by using
false or misleading advertising.
(17) A finding that the license has been applied for or
obtained by fraudulent means.
(18) Practicing or attempting to practice under a name
other than the full name as shown on the license or any
other legally authorized name.
(19) Gross overcharging for professional services
including filing statements for collection of fees or
moneys for which services are not rendered.

SB2439 Engrossed - 45 - LRB100 18051 XWW 33240 b
(b) The Department may refuse to issue or may suspend the
license of any person who fails to (i) file a return, (ii) pay
the tax, penalty, or interest shown in a filed return; or (iii)
pay any final assessment of the tax, penalty, or interest as
required by any tax Act administered by the Illinois Department
of Revenue until the requirements of the tax Act are satisfied.
(c) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission to a
mental health facility as provided in the Mental Health and
Developmental Disabilities Code operates as an automatic
suspension. The suspension may end only upon a finding by a
court that the licensee is no longer subject to involuntary
admission or judicial admission, the issuance of an order so
finding and discharging the patient, and the recommendation of
the Board to the Director that the licensee be allowed to
resume practice.
(d) In enforcing this Section, the Department, upon a
showing of a possible violation, may compel any person licensed
to practice under this Act or who has applied for licensure or
certification pursuant to this Act to submit to a mental or
physical examination, or both, as required by and at the
expense of the Department. The examining physicians shall be
those specifically designated by the Department. The
Department may order the examining physician to present
testimony concerning this mental or physical examination of the
licensee or applicant. No information shall be excluded by

SB2439 Engrossed - 46 - LRB100 18051 XWW 33240 b
reason of any common law or statutory privilege relating to
communications between the licensee or applicant and the
examining physician. The person to be examined may have, at his
or her own expense, another physician of his or her choice
present during all aspects of the examination. Failure of any
person to submit to a mental or physical examination, when
directed, shall be grounds for suspension of a license until
the person submits to the examination if the Department finds,
after notice and hearing, that the refusal to submit to the
examination was without reasonable cause.
If the Department finds an individual unable to practice
because of the reasons set forth in this Section, the
Department may require that individual to submit to care,
counseling, or treatment by physicians approved or designated
by the Department, as a condition, term, or restriction for
continued, reinstated, or renewed licensure to practice or, in
lieu of care, counseling, or treatment, the Department may file
a complaint to immediately suspend, revoke, or otherwise
discipline the license of the individual.
Any person whose license was granted, continued,
reinstated, renewed, disciplined, or supervised subject to
such terms, conditions, or restrictions and who fails to comply
with such terms, conditions, or restrictions shall be referred
to the Director for a determination as to whether the person
shall have his or her license suspended immediately, pending a
hearing by the Department.

SB2439 Engrossed - 47 - LRB100 18051 XWW 33240 b
In instances in which the Director immediately suspends a
person's license under this Section, a hearing on that person's
license must be convened by the Department within 15 days after
the suspension and completed without appreciable delay. The
Department shall have the authority to review the subject
person's record of treatment and counseling regarding the
impairment, to the extent permitted by applicable federal
statutes and regulations safeguarding the confidentiality of
medical records.
A person licensed under this Act and affected under this
Section shall be afforded an opportunity to demonstrate to the
Department that he or she can resume practice in compliance
with acceptable and prevailing standards under the provisions
of his or her license.
(Source: P.A. 92-837, eff. 8-22-02.)
Section 740. The Funeral Directors and Embalmers Licensing
Code is amended by changing Section 15-75 as follows:
(225 ILCS 41/15-75)
(Section scheduled to be repealed on January 1, 2023)
Sec. 15-75. Violations; grounds for discipline; penalties.
(a) Each of the following acts is a Class A misdemeanor for
the first offense, and a Class 4 felony for each subsequent
offense. These penalties shall also apply to unlicensed owners
of funeral homes.

SB2439 Engrossed - 48 - LRB100 18051 XWW 33240 b
(1) Practicing the profession of funeral directing and
embalming or funeral directing, or attempting to practice
the profession of funeral directing and embalming or
funeral directing without a license as a funeral director
and embalmer or funeral director.
(2) Serving or attempting to serve as an intern under a
licensed funeral director and embalmer without a license as
a licensed funeral director and embalmer intern.
(3) Obtaining or attempting to obtain a license,
practice or business, or any other thing of value, by fraud
or misrepresentation.
(4) Permitting any person in one's employ, under one's
control or in or under one's service to serve as a funeral
director and embalmer, funeral director, or funeral
director and embalmer intern when the person does not have
the appropriate license.
(5) Failing to display a license as required by this
Code.
(6) Giving false information or making a false oath or
affidavit required by this Code.
(b) The Department may refuse to issue or renew, revoke,
suspend, place on probation or administrative supervision,
reprimand, or take other disciplinary or non-disciplinary
action as the Department may deem appropriate, including
imposing fines not to exceed $10,000 for each violation, with
regard to any license under the Code for any one or combination

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of the following:
(1) Fraud or any misrepresentation in applying for or
procuring a license under this Code or in connection with
applying for renewal of a license under this Code.
(2) For licenses, conviction by plea of guilty or nolo
contendere, finding of guilt, jury verdict, or entry of
judgment or by sentencing of any crime, including, but not
limited to, convictions, preceding sentences of
supervision, conditional discharge, or first offender
probation, under the laws of any jurisdiction of the United
States: (i) that is a felony or (ii) that is a misdemeanor,
an essential element of which is dishonesty, or that is
directly related to the practice of the profession and, for
initial applicants, convictions set forth in Section 15-72
of this Act.
(3) Violation of the laws of this State relating to the
funeral, burial or disposition of deceased human bodies or
of the rules and regulations of the Department, or the
Department of Public Health.
(4) Directly or indirectly paying or causing to be paid
any sum of money or other valuable consideration for the
securing of business or for obtaining authority to dispose
of any deceased human body.
(5) Professional incompetence, gross negligence,
malpractice, or untrustworthiness in the practice of
funeral directing and embalming or funeral directing.

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(6) (Blank).
(7) Engaging in, promoting, selling, or issuing burial
contracts, burial certificates, or burial insurance
policies in connection with the profession as a funeral
director and embalmer, funeral director, or funeral
director and embalmer intern in violation of any laws of
the State of Illinois.
(8) Refusing, without cause, to surrender the custody
of a deceased human body upon the proper request of the
person or persons lawfully entitled to the custody of the
body.
(9) Taking undue advantage of a client or clients as to
amount to the perpetration of fraud.
(10) Engaging in funeral directing and embalming or
funeral directing without a license.
(11) Encouraging, requesting, or suggesting by a
licensee or some person working on his behalf and with his
consent for compensation that a person utilize the services
of a certain funeral director and embalmer, funeral
director, or funeral establishment unless that information
has been expressly requested by the person. This does not
prohibit general advertising or pre-need solicitation.
(12) Making or causing to be made any false or
misleading statements about the laws concerning the
disposition of human remains, including, but not limited
to, the need to embalm, the need for a casket for cremation

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or the need for an outer burial container.
(13) (Blank).
(14) Embalming or attempting to embalm a deceased human
body without express prior authorization of the person
responsible for making the funeral arrangements for the
body. This does not apply to cases where embalming is
directed by local authorities who have jurisdiction or when
embalming is required by State or local law. A licensee may
embalm without express prior authorization if a good faith
effort has been made to contact family members and has been
unsuccessful and the licensee has no reason to believe the
family opposes embalming.
(15) Making a false statement on a Certificate of Death
where the person making the statement knew or should have
known that the statement was false.
(16) Soliciting human bodies after death or while death
is imminent.
(17) Performing any act or practice that is a violation
of this Code, the rules for the administration of this
Code, or any federal, State or local laws, rules, or
regulations governing the practice of funeral directing or
embalming.
(18) Performing any act or practice that is a violation
of Section 2 of the Consumer Fraud and Deceptive Business
Practices Act.
(19) Engaging in dishonorable, unethical, or

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unprofessional conduct of a character likely to deceive,
defraud or harm the public.
(20) Taking possession of a dead human body without
having first obtained express permission from the person
holding the right to control the disposition in accordance
with Section 5 of the Disposition of Remains Act or a
public agency legally authorized to direct, control or
permit the removal of deceased human bodies.
(21) Advertising in a false or misleading manner or
advertising using the name of an unlicensed person in
connection with any service being rendered in the practice
of funeral directing or funeral directing and embalming.
The use of any name of an unlicensed or unregistered person
in an advertisement so as to imply that the person will
perform services is considered misleading advertising.
Nothing in this paragraph shall prevent including the name
of any owner, officer or corporate director of a funeral
home, who is not a licensee, in any advertisement used by a
funeral home with which the individual is affiliated, if
the advertisement specifies the individual's affiliation
with the funeral home.
(22) Charging for professional services not rendered,
including filing false statements for the collection of
fees for which services are not rendered.
(23) Failing to account for or remit any monies,
documents, or personal property that belongs to others that

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comes into a licensee's possession.
(24) Treating any person differently to his detriment
because of race, color, creed, gender, religion, or
national origin.
(25) Knowingly making any false statements, oral or
otherwise, of a character likely to influence, persuade or
induce others in the course of performing professional
services or activities.
(26) Willfully making or filing false records or
reports in the practice of funeral directing and embalming,
including, but not limited to, false records filed with
State agencies or departments.
(27) Failing to acquire continuing education required
under this Code.
(28) (Blank).
(29) Aiding or assisting another person in violating
any provision of this Code or rules adopted pursuant to
this Code.
(30) Failing within 10 days, to provide information in
response to a written request made by the Department.
(31) Discipline by another state, District of
Columbia, territory, foreign nation, or governmental
agency, if at least one of the grounds for the discipline
is the same or substantially equivalent to those set forth
in this Section.
(32) (Blank).

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(33) Mental illness or disability which results in the
inability to practice the profession with reasonable
judgment, skill, or safety.
(34) Gross, willful, or continued overcharging for
professional services, including filing false statements
for collection of fees for which services are not rendered.
(35) Physical illness, including, but not limited to,
deterioration through the aging process or loss of motor
skill which results in a licensee's inability to practice
under this Code with reasonable judgment, skill, or safety.
(36) Failing to comply with any of the following
required activities:
(A) When reasonably possible, a funeral director
licensee or funeral director and embalmer licensee or
anyone acting on his or her behalf shall obtain the
express authorization of the person or persons
responsible for making the funeral arrangements for a
deceased human body prior to removing a body from the
place of death or any place it may be or embalming or
attempting to embalm a deceased human body, unless
required by State or local law. This requirement is
waived whenever removal or embalming is directed by
local authorities who have jurisdiction. If the
responsibility for the handling of the remains
lawfully falls under the jurisdiction of a public
agency, then the regulations of the public agency shall

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prevail.
(B) A licensee shall clearly mark the price of any
casket offered for sale or the price of any service
using the casket on or in the casket if the casket is
displayed at the funeral establishment. If the casket
is displayed at any other location, regardless of
whether the licensee is in control of that location,
the casket shall be clearly marked and the registrant
shall use books, catalogues, brochures, or other
printed display aids to show the price of each casket
or service.
(C) At the time funeral arrangements are made and
prior to rendering the funeral services, a licensee
shall furnish a written statement of services to be
retained by the person or persons making the funeral
arrangements, signed by both parties, that shall
contain: (i) the name, address and telephone number of
the funeral establishment and the date on which the
arrangements were made; (ii) the price of the service
selected and the services and merchandise included for
that price; (iii) a clear disclosure that the person or
persons making the arrangement may decline and receive
credit for any service or merchandise not desired and
not required by law or the funeral director or the
funeral director and embalmer; (iv) the supplemental
items of service and merchandise requested and the

SB2439 Engrossed - 56 - LRB100 18051 XWW 33240 b
price of each item; (v) the terms or method of payment
agreed upon; and (vi) a statement as to any monetary
advances made by the registrant on behalf of the
family. The licensee shall maintain a copy of the
written statement of services in its permanent
records. All written statements of services are
subject to inspection by the Department.
(D) In all instances where the place of final
disposition of a deceased human body or the cremated
remains of a deceased human body is a cemetery, the
licensed funeral director and embalmer, or licensed
funeral director, who has been engaged to provide
funeral or embalming services shall remain at the
cemetery and personally witness the placement of the
human remains in their designated grave or the sealing
of the above ground depository, crypt, or urn. The
licensed funeral director or licensed funeral director
and embalmer may designate a licensed funeral director
and embalmer intern or representative of the funeral
home to be his or her witness to the placement of the
remains. If the cemetery authority, cemetery manager,
or any other agent of the cemetery takes any action
that prevents compliance with this paragraph (D), then
the funeral director and embalmer or funeral director
shall provide written notice to the Department within 5
business days after failing to comply. If the

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Department receives this notice, then the Department
shall not take any disciplinary action against the
funeral director and embalmer or funeral director for a
violation of this paragraph (D) unless the Department
finds that the cemetery authority, manager, or any
other agent of the cemetery did not prevent the funeral
director and embalmer or funeral director from
complying with this paragraph (D) as claimed in the
written notice.
(E) A funeral director or funeral director and
embalmer shall fully complete the portion of the
Certificate of Death under the responsibility of the
funeral director or funeral director and embalmer and
provide all required information. In the event that any
reported information subsequently changes or proves
incorrect, a funeral director or funeral director and
embalmer shall immediately upon learning the correct
information correct the Certificate of Death.
(37) A finding by the Department that the licensee,
after having his or her license placed on probationary
status or subjected to conditions or restrictions,
violated the terms of the probation or failed to comply
with such terms or conditions.
(38) (Blank).
(39) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services

SB2439 Engrossed - 58 - LRB100 18051 XWW 33240 b
pursuant to the Abused and Neglected Child Reporting Act
and, upon proof by clear and convincing evidence, being
found to have caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(40) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, alcohol, or any
other substance which results in the inability to practice
with reasonable judgment, skill, or safety.
(41) Practicing under a false or, except as provided by
law, an assumed name.
(42) Cheating on or attempting to subvert the licensing
examination administered under this Code.
(c) The Department may refuse to issue or renew or may
suspend without a hearing, as provided for in the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois, the license of any person who fails to file a return,
to pay the tax, penalty or interest shown in a filed return, or
to pay any final assessment of tax, penalty or interest as
required by any tax Act administered by the Illinois Department
of Revenue, until the time as the requirements of the tax Act
are satisfied in accordance with subsection (g) of Section
2105-15 of the Department of Professional Regulation Law of the
Civil Administrative Code of Illinois.
(d) No action may be taken under this Code against a person
licensed under this Code unless the action is commenced within

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5 years after the occurrence of the alleged violations. A
continuing violation shall be deemed to have occurred on the
date when the circumstances last existed that give rise to the
alleged violation.
(e) Nothing in this Section shall be construed or enforced
to give a funeral director and embalmer, or his or her
designees, authority over the operation of a cemetery or over
cemetery employees. Nothing in this Section shall be construed
or enforced to impose duties or penalties on cemeteries with
respect to the timing of the placement of human remains in
their designated grave or the sealing of the above ground
depository, crypt, or urn due to patron safety, the allocation
of cemetery staffing, liability insurance, a collective
bargaining agreement, or other such reasons.
(f) All fines imposed under this Section shall be paid 60
days after the effective date of the order imposing the fine.
(g) (Blank). The Department shall deny a license or renewal
authorized by this Code to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with item (5) of subsection
(a) of Section 2105-15 of the Department of Professional
Regulation Law of the Civil Administrative Code of Illinois.
(h) In cases where the Department of Healthcare and Family
Services has previously determined a licensee or a potential
licensee is more than 30 days delinquent in the payment of

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child support and has subsequently certified the delinquency to
the Department, the Department may refuse to issue or renew or
may revoke or suspend that person's license or may take other
disciplinary action against that person based solely upon the
certification of delinquency made by the Department of
Healthcare and Family Services in accordance with item (5) of
subsection (a) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois.
(i) A person not licensed under this Code who is an owner
of a funeral establishment or funeral business shall not aid,
abet, assist, procure, advise, employ, or contract with any
unlicensed person to offer funeral services or aid, abet,
assist, or direct any licensed person contrary to or in
violation of any rules or provisions of this Code. A person
violating this subsection shall be treated as a licensee for
the purposes of disciplinary action under this Section and
shall be subject to cease and desist orders as provided in this
Code, the imposition of a fine up to $10,000 for each violation
and any other penalty provided by law.
(j) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code, as amended, operates as an automatic suspension. The
suspension may end only upon a finding by a court that the
licensee is no longer subject to the involuntary admission or

SB2439 Engrossed - 61 - LRB100 18051 XWW 33240 b
judicial admission and issues an order so finding and
discharging the licensee, and upon the recommendation of the
Board to the Secretary that the licensee be allowed to resume
his or her practice.
(k) In enforcing this Code, the Department, upon a showing
of a possible violation, may compel an individual licensed to
practice under this Code, or who has applied for licensure
under this Code, to submit to a mental or physical examination,
or both, as required by and at the expense of the Department.
The Department may order the examining physician to present
testimony concerning the mental or physical examination of the
licensee or applicant. No information shall be excluded by
reason of any common law or statutory privilege relating to
communications between the licensee or applicant and the
examining physician. The examining physician shall be
specifically designated by the Department. The individual to be
examined may have, at his or her own expense, another physician
of his or her choice present during all aspects of this
examination. The examination shall be performed by a physician
licensed to practice medicine in all its branches. Failure of
an individual to submit to a mental or physical examination,
when directed, shall result in an automatic suspension without
hearing.
A person holding a license under this Code or who has
applied for a license under this Code who, because of a
physical or mental illness or disability, including, but not

SB2439 Engrossed - 62 - LRB100 18051 XWW 33240 b
limited to, deterioration through the aging process or loss of
motor skill, is unable to practice the profession with
reasonable judgment, skill, or safety, may be required by the
Department to submit to care, counseling, or treatment by
physicians approved or designated by the Department as a
condition, term, or restriction for continued, reinstated, or
renewed licensure to practice. Submission to care, counseling,
or treatment as required by the Department shall not be
considered discipline of a license. If the licensee refuses to
enter into a care, counseling, or treatment agreement or fails
to abide by the terms of the agreement, the Department may file
a complaint to revoke, suspend, or otherwise discipline the
license of the individual. The Secretary may order the license
suspended immediately, pending a hearing by the Department.
Fines shall not be assessed in disciplinary actions involving
physical or mental illness or impairment.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that person's
license must be convened by the Department within 15 days after
the suspension and completed without appreciable delay. The
Department shall have the authority to review the subject
individual's record of treatment and counseling regarding the
impairment to the extent permitted by applicable federal
statutes and regulations safeguarding the confidentiality of
medical records.
An individual licensed under this Code and affected under

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this Section shall be afforded an opportunity to demonstrate to
the Department that he or she can resume practice in compliance
with acceptable and prevailing standards under the provisions
of his or her license.
(Source: P.A. 99-876, eff. 1-1-17; 100-201, eff. 8-18-17.)
Section 745. The Marriage and Family Therapy Licensing Act
is amended by changing Section 85 as follows:
(225 ILCS 55/85) (from Ch. 111, par. 8351-85)
(Section scheduled to be repealed on January 1, 2027)
Sec. 85. Refusal, revocation, or suspension.
(a) The Department may refuse to issue or renew a license,
or may revoke, suspend, reprimand, place on probation, or take
any other disciplinary or non-disciplinary action as the
Department may deem proper, including the imposition of fines
not to exceed $10,000 for each violation, with regard to any
license issued under the provisions of this Act for any one or
combination of the following grounds:
(1) Material misstatement in furnishing information to
the Department.
(2) Violation of any provision of this Act or its
rules.
(3) Conviction of or entry of a plea of guilty or nolo
contendere, finding of guilt, jury verdict, or entry of
judgment or sentencing, including, but not limited to,

SB2439 Engrossed - 64 - LRB100 18051 XWW 33240 b
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States that is
(i) a felony or (ii) a misdemeanor, an essential element of
which is dishonesty or that is directly related to the
practice of the profession.
(4) Fraud or misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal or restoration of a license under this
Act or its rules.
(5) Professional incompetence.
(6) Gross negligence in practice under this Act.
(7) Aiding or assisting another person in violating any
provision of this Act or its rules.
(8) Failing, within 60 days, to provide information in
response to a written request made by the Department.
(9) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud or harm the public as defined by the rules of the
Department, or violating the rules of professional conduct
adopted by the Department.
(10) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, of alcohol, or any
other substance that results in the inability to practice
with reasonable judgment, skill, or safety.
(11) Discipline by another jurisdiction if at least one

SB2439 Engrossed - 65 - LRB100 18051 XWW 33240 b
of the grounds for the discipline is the same or
substantially equivalent to those set forth in this Act.
(12) Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership, or association
any fee, commission, rebate, or other form of compensation
for any professional services not actually or personally
rendered. Nothing in this paragraph (12) affects any bona
fide independent contractor or employment arrangements
among health care professionals, health facilities, health
care providers, or other entities, except as otherwise
prohibited by law. Any employment arrangements may include
provisions for compensation, health insurance, pension, or
other employment benefits for the provision of services
within the scope of the licensee's practice under this Act.
Nothing in this paragraph (12) shall be construed to
require an employment arrangement to receive professional
fees for services rendered.
(13) A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation or failed to
comply with the terms.
(14) Abandonment of a patient without cause.
(15) Willfully making or filing false records or
reports relating to a licensee's practice, including but
not limited to false records filed with State agencies or
departments.

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(16) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(17) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act and upon
proof by clear and convincing evidence that the licensee
has caused a child to be an abused child or neglected child
as defined in the Abused and Neglected Child Reporting Act.
(18) Physical illness or mental illness or impairment,
including, but not limited to, deterioration through the
aging process or loss of motor skill that results in the
inability to practice the profession with reasonable
judgment, skill, or safety.
(19) Solicitation of professional services by using
false or misleading advertising.
(20) A pattern of practice or other behavior that
demonstrates incapacity or incompetence to practice under
this Act.
(21) Practicing under a false or assumed name, except
as provided by law.
(22) Gross, willful, and continued overcharging for
professional services, including filing false statements
for collection of fees or moneys for which services are not
rendered.
(23) Failure to establish and maintain records of

SB2439 Engrossed - 67 - LRB100 18051 XWW 33240 b
patient care and treatment as required by law.
(24) Cheating on or attempting to subvert the licensing
examinations administered under this Act.
(25) Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act.
(26) Being named as an abuser in a verified report by
the Department on Aging and under the Adult Protective
Services Act and upon proof by clear and convincing
evidence that the licensee abused, neglected, or
financially exploited an eligible adult as defined in the
Adult Protective Services Act.
(b) (Blank). The Department shall deny any application for
a license or renewal, without hearing, under this Act to any
person who has defaulted on an educational loan guaranteed by
the Illinois Student Assistance Commission; however, the
Department may issue a license or renewal if the person in
default has established a satisfactory repayment record as
determined by the Illinois Student Assistance Commission.
(c) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission, as
provided in the Mental Health and Developmental Disabilities
Code, operates as an automatic suspension. The suspension will
terminate only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission

SB2439 Engrossed - 68 - LRB100 18051 XWW 33240 b
and the issuance of an order so finding and discharging the
patient, and upon the recommendation of the Board to the
Secretary that the licensee be allowed to resume his or her
practice as a licensed marriage and family therapist or an
associate licensed marriage and family therapist.
(d) The Department shall refuse to issue or may suspend the
license of any person who fails to file a return, pay the tax,
penalty, or interest shown in a filed return or pay any final
assessment of tax, penalty, or interest, as required by any tax
Act administered by the Illinois Department of Revenue, until
the time the requirements of the tax Act are satisfied.
(e) In enforcing this Section, the Department or Board upon
a showing of a possible violation may compel an individual
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, which may include a substance abuse or
sexual offender evaluation, as required by and at the expense
of the Department.
The Department shall specifically designate the examining
physician licensed to practice medicine in all of its branches
or, if applicable, the multidisciplinary team involved in
providing the mental or physical examination or both. The
multidisciplinary team shall be led by a physician licensed to
practice medicine in all of its branches and may consist of one
or more or a combination of physicians licensed to practice
medicine in all of its branches, licensed clinical

SB2439 Engrossed - 69 - LRB100 18051 XWW 33240 b
psychologists, licensed clinical social workers, licensed
clinical professional counselors, licensed marriage and family
therapists, and other professional and administrative staff.
Any examining physician or member of the multidisciplinary team
may require any person ordered to submit to an examination and
evaluation pursuant to this Section to submit to any additional
supplemental testing deemed necessary to complete any
examination or evaluation process, including, but not limited
to, blood testing, urinalysis, psychological testing, or
neuropsychological testing.
The Department may order the examining physician or any
member of the multidisciplinary team to provide to the
Department any and all records, including business records,
that relate to the examination and evaluation, including any
supplemental testing performed.
The Department or Board may order the examining physician
or any member of the multidisciplinary team to present
testimony concerning the mental or physical examination of the
licensee or applicant. No information, report, record, or other
documents in any way related to the examination shall be
excluded by reason of any common law or statutory privilege
relating to communications between the licensee or applicant
and the examining physician or any member of the
multidisciplinary team. No authorization is necessary from the
licensee or applicant ordered to undergo an examination for the
examining physician or any member of the multidisciplinary team

SB2439 Engrossed - 70 - LRB100 18051 XWW 33240 b
to provide information, reports, records, or other documents or
to provide any testimony regarding the examination and
evaluation.
The individual to be examined may have, at his or her own
expense, another physician of his or her choice present during
all aspects of this examination. However, that physician shall
be present only to observe and may not interfere in any way
with the examination.
Failure of an individual to submit to a mental or physical
examination, when ordered, shall result in an automatic
suspension of his or her license until the individual submits
to the examination.
If the Department or Board finds an individual unable to
practice because of the reasons set forth in this Section, the
Department or Board may require that individual to submit to
care, counseling, or treatment by physicians approved or
designated by the Department or Board, as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice; or, in lieu of care, counseling, or treatment, the
Department may file, or the Board may recommend to the
Department to file, a complaint to immediately suspend, revoke,
or otherwise discipline the license of the individual. An
individual whose license was granted, continued, reinstated,
renewed, disciplined or supervised subject to such terms,
conditions, or restrictions, and who fails to comply with such
terms, conditions, or restrictions, shall be referred to the

SB2439 Engrossed - 71 - LRB100 18051 XWW 33240 b
Secretary for a determination as to whether the individual
shall have his or her license suspended immediately, pending a
hearing by the Department.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that person's
license must be convened by the Department within 30 days after
the suspension and completed without appreciable delay. The
Department and Board shall have the authority to review the
subject individual's record of treatment and counseling
regarding the impairment to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate to
the Department or Board that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
(f) A fine shall be paid within 60 days after the effective
date of the order imposing the fine or in accordance with the
terms set forth in the order imposing the fine.
(Source: P.A. 100-372, eff. 8-25-17.)
Section 750. The Massage Licensing Act is amended by
changing Section 45 as follows:
(225 ILCS 57/45)

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(Section scheduled to be repealed on January 1, 2022)
Sec. 45. Grounds for discipline.
(a) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action, as the Department
considers appropriate, including the imposition of fines not to
exceed $10,000 for each violation, with regard to any license
or licensee for any one or more of the following:
(1) violations of this Act or of the rules adopted
under this Act;
(2) conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States: (i) that
is a felony; or (ii) that is a misdemeanor, an essential
element of which is dishonesty, or that is directly related
to the practice of the profession;
(3) professional incompetence;
(4) advertising in a false, deceptive, or misleading
manner;
(5) aiding, abetting, assisting, procuring, advising,
employing, or contracting with any unlicensed person to
practice massage contrary to any rules or provisions of
this Act;

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(6) engaging in immoral conduct in the commission of
any act, such as sexual abuse, sexual misconduct, or sexual
exploitation, related to the licensee's practice;
(7) engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public;
(8) practicing or offering to practice beyond the scope
permitted by law or accepting and performing professional
responsibilities which the licensee knows or has reason to
know that he or she is not competent to perform;
(9) knowingly delegating professional responsibilities
to a person unqualified by training, experience, or
licensure to perform;
(10) failing to provide information in response to a
written request made by the Department within 60 days;
(11) having a habitual or excessive use of or addiction
to alcohol, narcotics, stimulants, or any other chemical
agent or drug which results in the inability to practice
with reasonable judgment, skill, or safety;
(12) having a pattern of practice or other behavior
that demonstrates incapacity or incompetence to practice
under this Act;
(13) discipline by another state, District of
Columbia, territory, or foreign nation, if at least one of
the grounds for the discipline is the same or substantially
equivalent to those set forth in this Section;

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(14) a finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation;
(15) willfully making or filing false records or
reports in his or her practice, including, but not limited
to, false records filed with State agencies or departments;
(16) making a material misstatement in furnishing
information to the Department or otherwise making
misleading, deceptive, untrue, or fraudulent
representations in violation of this Act or otherwise in
the practice of the profession;
(17) fraud or misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal of a license under this Act;
(18) inability to practice the profession with
reasonable judgment, skill, or safety as a result of
physical illness, including, but not limited to,
deterioration through the aging process, loss of motor
skill, or a mental illness or disability;
(19) charging for professional services not rendered,
including filing false statements for the collection of
fees for which services are not rendered;
(20) practicing under a false or, except as provided by
law, an assumed name; or
(21) cheating on or attempting to subvert the licensing
examination administered under this Act.

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All fines shall be paid within 60 days of the effective
date of the order imposing the fine.
(b) A person not licensed under this Act and engaged in the
business of offering massage therapy services through others,
shall not aid, abet, assist, procure, advise, employ, or
contract with any unlicensed person to practice massage therapy
contrary to any rules or provisions of this Act. A person
violating this subsection (b) shall be treated as a licensee
for the purposes of disciplinary action under this Section and
shall be subject to cease and desist orders as provided in
Section 90 of this Act.
(c) The Department shall revoke any license issued under
this Act of any person who is convicted of prostitution, rape,
sexual misconduct, or any crime that subjects the licensee to
compliance with the requirements of the Sex Offender
Registration Act and any such conviction shall operate as a
permanent bar in the State of Illinois to practice as a massage
therapist.
(d) The Department may refuse to issue or may suspend the
license of any person who fails to file a tax return, to pay
the tax, penalty, or interest shown in a filed tax return, or
to pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Illinois Department
of Revenue, until such time as the requirements of the tax Act
are satisfied in accordance with subsection (g) of Section
2105-15 of the Civil Administrative Code of Illinois.

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(e) (Blank). The Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with item (5) of subsection
(a) of Section 2105-15 of the Civil Administrative Code of
Illinois.
(f) In cases where the Department of Healthcare and Family
Services has previously determined that a licensee or a
potential licensee is more than 30 days delinquent in the
payment of child support and has subsequently certified the
delinquency to the Department, the Department may refuse to
issue or renew or may revoke or suspend that person's license
or may take other disciplinary action against that person based
solely upon the certification of delinquency made by the
Department of Healthcare and Family Services in accordance with
item (5) of subsection (a) of Section 2105-15 of the Civil
Administrative Code of Illinois.
(g) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission, as
provided in the Mental Health and Developmental Disabilities
Code, operates as an automatic suspension. The suspension will
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and the issuance of a court order so finding and discharging
the patient.

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(h) In enforcing this Act, the Department or Board, upon a
showing of a possible violation, may compel an individual
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, as required by and at the expense of the
Department. The Department or Board may order the examining
physician to present testimony concerning the mental or
physical examination of the licensee or applicant. No
information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physicians shall be specifically designated by the
Board or Department. The individual to be examined may have, at
his or her own expense, another physician of his or her choice
present during all aspects of this examination. The examination
shall be performed by a physician licensed to practice medicine
in all its branches. Failure of an individual to submit to a
mental or physical examination, when directed, shall result in
an automatic suspension without hearing.
A person holding a license under this Act or who has
applied for a license under this Act who, because of a physical
or mental illness or disability, including, but not limited to,
deterioration through the aging process or loss of motor skill,
is unable to practice the profession with reasonable judgment,
skill, or safety, may be required by the Department to submit
to care, counseling, or treatment by physicians approved or

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designated by the Department as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice. Submission to care, counseling, or treatment as
required by the Department shall not be considered discipline
of a license. If the licensee refuses to enter into a care,
counseling, or treatment agreement or fails to abide by the
terms of the agreement, the Department may file a complaint to
revoke, suspend, or otherwise discipline the license of the
individual. The Secretary may order the license suspended
immediately, pending a hearing by the Department. Fines shall
not be assessed in disciplinary actions involving physical or
mental illness or impairment.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that person's
license must be convened by the Department within 15 days after
the suspension and completed without appreciable delay. The
Department and Board shall have the authority to review the
subject individual's record of treatment and counseling
regarding the impairment to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate to
the Department or Board that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.

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(Source: P.A. 97-514, eff. 8-23-11; 98-756, eff. 7-16-14.)
Section 755. The Naprapathic Practice Act is amended by
changing Section 110 as follows:
(225 ILCS 63/110)
(Section scheduled to be repealed on January 1, 2023)
Sec. 110. Grounds for disciplinary action; refusal,
revocation, suspension.
(a) The Department may refuse to issue or to renew, or may
revoke, suspend, place on probation, reprimand or take other
disciplinary or non-disciplinary action as the Department may
deem appropriate, including imposing fines not to exceed
$10,000 for each violation, with regard to any licensee or
license for any one or combination of the following causes:
(1) Violations of this Act or of rules adopted under
this Act.
(2) Material misstatement in furnishing information to
the Department.
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment, or by
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States: (i) that
is a felony or (ii) that is a misdemeanor, an essential

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element of which is dishonesty, or that is directly related
to the practice of the profession.
(4) Fraud or any misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal of a license under this Act.
(5) Professional incompetence or gross negligence.
(6) Malpractice.
(7) Aiding or assisting another person in violating any
provision of this Act or its rules.
(8) Failing to provide information within 60 days in
response to a written request made by the Department.
(9) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(10) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, alcohol, or any
other substance which results in the inability to practice
with reasonable judgment, skill, or safety.
(11) Discipline by another U.S. jurisdiction or
foreign nation if at least one of the grounds for the
discipline is the same or substantially equivalent to those
set forth in this Act.
(12) Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership, or association
any fee, commission, rebate, or other form of compensation
for any professional services not actually or personally

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rendered. This shall not be deemed to include rent or other
remunerations paid to an individual, partnership, or
corporation by a naprapath for the lease, rental, or use of
space, owned or controlled by the individual, partnership,
corporation, or association. Nothing in this paragraph
(12) affects any bona fide independent contractor or
employment arrangements among health care professionals,
health facilities, health care providers, or other
entities, except as otherwise prohibited by law. Any
employment arrangements may include provisions for
compensation, health insurance, pension, or other
employment benefits for the provision of services within
the scope of the licensee's practice under this Act.
Nothing in this paragraph (12) shall be construed to
require an employment arrangement to receive professional
fees for services rendered.
(13) Using the title "Doctor" or its abbreviation
without further clarifying that title or abbreviation with
the word "naprapath" or "naprapathy" or the designation
"D.N.".
(14) A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation.
(15) Abandonment of a patient without cause.
(16) Willfully making or filing false records or
reports relating to a licensee's practice, including but

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not limited to, false records filed with State agencies or
departments.
(17) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(18) Physical or mental illness or disability,
including, but not limited to, deterioration through the
aging process or loss of motor skill that results in the
inability to practice the profession with reasonable
judgment, skill, or safety.
(19) Solicitation of professional services by means
other than permitted advertising.
(20) Failure to provide a patient with a copy of his or
her record upon the written request of the patient.
(21) Cheating on or attempting to subvert the licensing
examination administered under this Act.
(22) Allowing one's license under this Act to be used
by an unlicensed person in violation of this Act.
(23) (Blank).
(24) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act and upon
proof by clear and convincing evidence that the licensee
has caused a child to be an abused child or a neglected
child as defined in the Abused and Neglected Child
Reporting Act.

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(25) Practicing under a false or, except as provided by
law, an assumed name.
(26) Immoral conduct in the commission of any act, such
as sexual abuse, sexual misconduct, or sexual
exploitation, related to the licensee's practice.
(27) Maintaining a professional relationship with any
person, firm, or corporation when the naprapath knows, or
should know, that the person, firm, or corporation is
violating this Act.
(28) Promotion of the sale of food supplements,
devices, appliances, or goods provided for a client or
patient in such manner as to exploit the patient or client
for financial gain of the licensee.
(29) Having treated ailments of human beings other than
by the practice of naprapathy as defined in this Act, or
having treated ailments of human beings as a licensed
naprapath independent of a documented referral or
documented current and relevant diagnosis from a
physician, dentist, or podiatric physician, or having
failed to notify the physician, dentist, or podiatric
physician who established a documented current and
relevant diagnosis that the patient is receiving
naprapathic treatment pursuant to that diagnosis.
(30) Use by a registered naprapath of the word
"infirmary", "hospital", "school", "university", in
English or any other language, in connection with the place

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where naprapathy may be practiced or demonstrated.
(31) Continuance of a naprapath in the employ of any
person, firm, or corporation, or as an assistant to any
naprapath or naprapaths, directly or indirectly, after his
or her employer or superior has been found guilty of
violating or has been enjoined from violating the laws of
the State of Illinois relating to the practice of
naprapathy when the employer or superior persists in that
violation.
(32) The performance of naprapathic service in
conjunction with a scheme or plan with another person,
firm, or corporation known to be advertising in a manner
contrary to this Act or otherwise violating the laws of the
State of Illinois concerning the practice of naprapathy.
(33) Failure to provide satisfactory proof of having
participated in approved continuing education programs as
determined by and approved by the Secretary. Exceptions for
extreme hardships are to be defined by the rules of the
Department.
(34) (Blank).
(35) Gross or willful overcharging for professional
services.
(36) (Blank).
All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the
fine.

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(b) The Department may refuse to issue or may suspend
without hearing, as provided for in the Department of
Professional Regulation Law of the Civil Administrative Code,
the license of any person who fails to file a return, or pay
the tax, penalty, or interest shown in a filed return, or pay
any final assessment of the tax, penalty, or interest as
required by any tax Act administered by the Illinois Department
of Revenue, until such time as the requirements of any such tax
Act are satisfied in accordance with subsection (g) of Section
2105-15 of the Department of Professional Regulation Law of the
Civil Administrative Code of Illinois.
(c) (Blank). The Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with item (5) of subsection
(a) of Section 2105-15 of the Department of Professional
Regulation Law of the Civil Administrative Code of Illinois.
(d) In cases where the Department of Healthcare and Family
Services has previously determined a licensee or a potential
licensee is more than 30 days delinquent in the payment of
child support and has subsequently certified the delinquency to
the Department, the Department may refuse to issue or renew or
may revoke or suspend that person's license or may take other
disciplinary action against that person based solely upon the
certification of delinquency made by the Department of

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Healthcare and Family Services in accordance with item (5) of
subsection (a) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois.
(e) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission, as
provided in the Mental Health and Developmental Disabilities
Code, operates as an automatic suspension. The suspension shall
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and the issuance of an order so finding and discharging the
patient.
(f) In enforcing this Act, the Department, upon a showing
of a possible violation, may compel an individual licensed to
practice under this Act, or who has applied for licensure under
this Act, to submit to a mental or physical examination and
evaluation, or both, which may include a substance abuse or
sexual offender evaluation, as required by and at the expense
of the Department. The Department shall specifically designate
the examining physician licensed to practice medicine in all of
its branches or, if applicable, the multidisciplinary team
involved in providing the mental or physical examination and
evaluation, or both. The multidisciplinary team shall be led by
a physician licensed to practice medicine in all of its
branches and may consist of one or more or a combination of
physicians licensed to practice medicine in all of its

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branches, licensed chiropractic physicians, licensed clinical
psychologists, licensed clinical social workers, licensed
clinical professional counselors, and other professional and
administrative staff. Any examining physician or member of the
multidisciplinary team may require any person ordered to submit
to an examination and evaluation pursuant to this Section to
submit to any additional supplemental testing deemed necessary
to complete any examination or evaluation process, including,
but not limited to, blood testing, urinalysis, psychological
testing, or neuropsychological testing.
The Department may order the examining physician or any
member of the multidisciplinary team to provide to the
Department any and all records including business records that
relate to the examination and evaluation, including any
supplemental testing performed. The Department may order the
examining physician or any member of the multidisciplinary team
to present testimony concerning the examination and evaluation
of the licensee or applicant, including testimony concerning
any supplemental testing or documents in any way related to the
examination and evaluation. No information, report, record, or
other documents in any way related to the examination and
evaluation shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician or any member
of the multidisciplinary team. No authorization is necessary
from the licensee or applicant ordered to undergo an evaluation

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and examination for the examining physician or any member of
the multidisciplinary team to provide information, reports,
records, or other documents or to provide any testimony
regarding the examination and evaluation. The individual to be
examined may have, at his or her own expense, another physician
of his or her choice present during all aspects of this
examination. Failure of an individual to submit to a mental or
physical examination and evaluation, or both, when directed,
shall result in an automatic suspension without hearing, until
such time as the individual submits to the examination.
A person holding a license under this Act or who has
applied for a license under this Act who, because of a physical
or mental illness or disability, including, but not limited to,
deterioration through the aging process or loss of motor skill,
is unable to practice the profession with reasonable judgment,
skill, or safety, may be required by the Department to submit
to care, counseling, or treatment by physicians approved or
designated by the Department as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice. Submission to care, counseling, or treatment as
required by the Department shall not be considered discipline
of a license. If the licensee refuses to enter into a care,
counseling, or treatment agreement or fails to abide by the
terms of the agreement, the Department may file a complaint to
revoke, suspend, or otherwise discipline the license of the
individual. The Secretary may order the license suspended

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immediately, pending a hearing by the Department. Fines shall
not be assessed in disciplinary actions involving physical or
mental illness or impairment.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that person's
license must be convened by the Department within 15 days after
the suspension and completed without appreciable delay. The
Department shall have the authority to review the subject
individual's record of treatment and counseling regarding the
impairment to the extent permitted by applicable federal
statutes and regulations safeguarding the confidentiality of
medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate to
the Department that he or she can resume practice in compliance
with acceptable and prevailing standards under the provisions
of his or her license.
(Source: P.A. 97-778, eff. 7-13-12; 98-214, eff. 8-9-13;
98-463, eff. 8-16-13.)
Section 760. The Illinois Occupational Therapy Practice
Act is amended by changing Section 19 as follows:
(225 ILCS 75/19) (from Ch. 111, par. 3719)
(Section scheduled to be repealed on January 1, 2024)
Sec. 19. Grounds for discipline.

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(a) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand or take other
disciplinary or non-disciplinary action as the Department may
deem proper, including imposing fines not to exceed $10,000 for
each violation and the assessment of costs as provided under
Section 19.3 of this Act, with regard to any license for any
one or combination of the following:
(1) Material misstatement in furnishing information to
the Department;
(2) Violations of this Act, or of the rules promulgated
thereunder;
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States that is
(i) a felony or (ii) a misdemeanor, an essential element of
which is dishonesty, or that is directly related to the
practice of the profession;
(4) Fraud or any misrepresentation in applying for or
procuring a license under this Act, or in connection with
applying for renewal of a license under this Act;
(5) Professional incompetence;
(6) Aiding or assisting another person, firm,
partnership or corporation in violating any provision of

SB2439 Engrossed - 91 - LRB100 18051 XWW 33240 b
this Act or rules;
(7) Failing, within 60 days, to provide information in
response to a written request made by the Department;
(8) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public;
(9) Habitual or excessive use or abuse of drugs defined
in law as controlled substances, alcohol, or any other
substance that results in the inability to practice with
reasonable judgment, skill, or safety;
(10) Discipline by another state, unit of government,
government agency, the District of Columbia, a territory,
or foreign nation, if at least one of the grounds for the
discipline is the same or substantially equivalent to those
set forth herein;
(11) Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership, or association
any fee, commission, rebate or other form of compensation
for professional services not actually or personally
rendered. Nothing in this paragraph (11) affects any bona
fide independent contractor or employment arrangements
among health care professionals, health facilities, health
care providers, or other entities, except as otherwise
prohibited by law. Any employment arrangements may include
provisions for compensation, health insurance, pension, or
other employment benefits for the provision of services

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within the scope of the licensee's practice under this Act.
Nothing in this paragraph (11) shall be construed to
require an employment arrangement to receive professional
fees for services rendered;
(12) A finding by the Department that the license
holder, after having his license disciplined, has violated
the terms of the discipline;
(13) Wilfully making or filing false records or reports
in the practice of occupational therapy, including but not
limited to false records filed with the State agencies or
departments;
(14) Physical illness, including but not limited to,
deterioration through the aging process, or loss of motor
skill which results in the inability to practice under this
Act with reasonable judgment, skill, or safety;
(15) Solicitation of professional services other than
by permitted advertising;
(16) Allowing one's license under this Act to be used
by an unlicensed person in violation of this Act;
(17) Practicing under a false or, except as provided by
law, assumed name;
(18) Professional incompetence or gross negligence;
(19) Malpractice;
(20) Promotion of the sale of drugs, devices,
appliances, or goods provided for a patient in any manner
to exploit the client for financial gain of the licensee;

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(21) Gross, willful, or continued overcharging for
professional services;
(22) Mental illness or disability that results in the
inability to practice under this Act with reasonable
judgment, skill, or safety;
(23) Violating the Health Care Worker Self-Referral
Act;
(24) Having treated patients other than by the practice
of occupational therapy as defined in this Act, or having
treated patients as a licensed occupational therapist
independent of a referral from a physician, advanced
practice registered nurse or physician assistant in
accordance with Section 3.1, dentist, podiatric physician,
or optometrist, or having failed to notify the physician,
advanced practice registered nurse, physician assistant,
dentist, podiatric physician, or optometrist who
established a diagnosis that the patient is receiving
occupational therapy pursuant to that diagnosis;
(25) Cheating on or attempting to subvert the licensing
examination administered under this Act; and
(26) Charging for professional services not rendered,
including filing false statements for the collection of
fees for which services are not rendered.
All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the fine
or in accordance with the terms set forth in the order imposing

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the fine.
(b) The determination by a circuit court that a license
holder is subject to involuntary admission or judicial
admission as provided in the Mental Health and Developmental
Disabilities Code, as now or hereafter amended, operates as an
automatic suspension. Such suspension will end only upon a
finding by a court that the patient is no longer subject to
involuntary admission or judicial admission and an order by the
court so finding and discharging the patient. In any case where
a license is suspended under this provision, the licensee shall
file a petition for restoration and shall include evidence
acceptable to the Department that the licensee can resume
practice in compliance with acceptable and prevailing
standards of their profession.
(c) The Department may refuse to issue or may suspend
without hearing, as provided for in the Code of Civil
Procedure, the license of any person who fails to file a
return, to pay the tax, penalty, or interest shown in a filed
return, or to pay any final assessment of tax, penalty, or
interest as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied in accordance
with subsection (a) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois.
(d) In enforcing this Section, the Department, upon a

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showing of a possible violation, may compel any individual who
is licensed under this Act or any individual who has applied
for licensure to submit to a mental or physical examination or
evaluation, or both, which may include a substance abuse or
sexual offender evaluation, at the expense of the Department.
The Department shall specifically designate the examining
physician licensed to practice medicine in all of its branches
or, if applicable, the multidisciplinary team involved in
providing the mental or physical examination and evaluation.
The multidisciplinary team shall be led by a physician licensed
to practice medicine in all of its branches and may consist of
one or more or a combination of physicians licensed to practice
medicine in all of its branches, licensed chiropractic
physicians, licensed clinical psychologists, licensed clinical
social workers, licensed clinical professional counselors, and
other professional and administrative staff. Any examining
physician or member of the multidisciplinary team may require
any person ordered to submit to an examination and evaluation
pursuant to this Section to submit to any additional
supplemental testing deemed necessary to complete any
examination or evaluation process, including, but not limited
to, blood testing, urinalysis, psychological testing, or
neuropsychological testing.
The Department may order the examining physician or any
member of the multidisciplinary team to provide to the
Department any and all records, including business records,

SB2439 Engrossed - 96 - LRB100 18051 XWW 33240 b
that relate to the examination and evaluation, including any
supplemental testing performed. The Department may order the
examining physician or any member of the multidisciplinary team
to present testimony concerning this examination and
evaluation of the licensee or applicant, including testimony
concerning any supplemental testing or documents relating to
the examination and evaluation. No information, report,
record, or other documents in any way related to the
examination and evaluation shall be excluded by reason of any
common law or statutory privilege relating to communication
between the licensee or applicant and the examining physician
or any member of the multidisciplinary team. No authorization
is necessary from the licensee or applicant ordered to undergo
an evaluation and examination for the examining physician or
any member of the multidisciplinary team to provide
information, reports, records, or other documents or to provide
any testimony regarding the examination and evaluation. The
individual to be examined may have, at his or her own expense,
another physician of his or her choice present during all
aspects of the examination.
Failure of any individual to submit to mental or physical
examination or evaluation, or both, when directed, shall result
in an automatic suspension without hearing, until such time as
the individual submits to the examination. If the Department
finds a licensee unable to practice because of the reasons set
forth in this Section, the Department shall require the

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licensee to submit to care, counseling, or treatment by
physicians approved or designated by the Department as a
condition for continued, reinstated, or renewed licensure.
When the Secretary immediately suspends a license under
this Section, a hearing upon such person's license must be
convened by the Department within 15 days after the suspension
and completed without appreciable delay. The Department shall
have the authority to review the licensee's record of treatment
and counseling regarding the impairment to the extent permitted
by applicable federal statutes and regulations safeguarding
the confidentiality of medical records.
Individuals licensed under this Act that are affected under
this Section, shall be afforded an opportunity to demonstrate
to the Department that they can resume practice in compliance
with acceptable and prevailing standards under the provisions
of their license.
(e) (Blank). The Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with paragraph (5) of
subsection (a) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois.
(f) In cases where the Department of Healthcare and Family
Services has previously determined a licensee or a potential

SB2439 Engrossed - 98 - LRB100 18051 XWW 33240 b
licensee is more than 30 days delinquent in the payment of
child support and has subsequently certified the delinquency to
the Department, the Department may refuse to issue or renew or
may revoke or suspend that person's license or may take other
disciplinary action against that person based solely upon the
certification of delinquency made by the Department of
Healthcare and Family Services in accordance with paragraph (5)
of subsection (a) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois.
(Source: P.A. 100-513, eff. 1-1-18.)
Section 765. The Orthotics, Prosthetics, and Pedorthics
Practice Act is amended by changing Section 90 as follows:
(225 ILCS 84/90)
(Section scheduled to be repealed on January 1, 2020)
Sec. 90. Grounds for discipline.
(a) The Department may refuse to issue or renew a license,
or may revoke or suspend a license, or may suspend, place on
probation, or reprimand a licensee or take other disciplinary
or non-disciplinary action as the Department may deem proper,
including, but not limited to, the imposition of fines not to
exceed $10,000 for each violation for one or any combination of
the following:
(1) Making a material misstatement in furnishing

SB2439 Engrossed - 99 - LRB100 18051 XWW 33240 b
information to the Department or the Board.
(2) Violations of or negligent or intentional
disregard of this Act or its rules.
(3) Conviction of, or entry of a plea of guilty or nolo
contendere to any crime that is a felony under the laws of
the United States or any state or territory thereof or that
is a misdemeanor of which an essential element is
dishonesty, or any crime that is directly related to the
practice of the profession.
(4) Making a misrepresentation for the purpose of
obtaining a license.
(5) A pattern of practice or other behavior that
demonstrates incapacity or incompetence to practice under
this Act.
(6) Gross negligence under this Act.
(7) Aiding or assisting another person in violating a
provision of this Act or its rules.
(8) Failing to provide information within 60 days in
response to a written request made by the Department.
(9) Engaging in dishonorable, unethical, or
unprofessional conduct or conduct of a character likely to
deceive, defraud, or harm the public.
(10) Inability to practice with reasonable judgment,
skill, or safety as a result of habitual or excessive use
or addiction to alcohol, narcotics, stimulants, or any
other chemical agent or drug.

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(11) Discipline by another state or territory of the
United States, the federal government, or foreign nation,
if at least one of the grounds for the discipline is the
same or substantially equivalent to one set forth in this
Section.
(12) Directly or indirectly giving to or receiving from
a person, firm, corporation, partnership, or association a
fee, commission, rebate, or other form of compensation for
professional services not actually or personally rendered.
Nothing in this paragraph (12) affects any bona fide
independent contractor or employment arrangements among
health care professionals, health facilities, health care
providers, or other entities, except as otherwise
prohibited by law. Any employment arrangements may include
provisions for compensation, health insurance, pension, or
other employment benefits for the provision of services
within the scope of the licensee's practice under this Act.
Nothing in this paragraph (12) shall be construed to
require an employment arrangement to receive professional
fees for services rendered.
(13) A finding by the Board that the licensee or
registrant, after having his or her license placed on
probationary status, has violated the terms of probation.
(14) Abandonment of a patient or client.
(15) Willfully making or filing false records or
reports in his or her practice including, but not limited

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to, false records filed with State agencies or departments.
(16) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(17) Inability to practice the profession with
reasonable judgment, skill, or safety as a result of a
physical illness, including, but not limited to,
deterioration through the aging process or loss of motor
skill, or a mental illness or disability.
(18) Solicitation of professional services using false
or misleading advertising.
(b) In enforcing this Section, the Department or Board upon
a showing of a possible violation, may compel a licensee or
applicant to submit to a mental or physical examination, or
both, as required by and at the expense of the Department. The
Department or Board may order the examining physician to
present testimony concerning the mental or physical
examination of the licensee or applicant. No information shall
be excluded by reason of any common law or statutory privilege
relating to communications between the licensee or applicant
and the examining physician. The examining physicians shall be
specifically designated by the Board or Department. The
individual to be examined may have, at his or her own expense,
another physician of his or her choice present during all
aspects of this examination. Failure of an individual to submit
to a mental or physical examination, when directed, shall be

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grounds for the immediate suspension of his or her license
until the individual submits to the examination if the
Department finds that the refusal to submit to the examination
was without reasonable cause as defined by rule.
In instances in which the Secretary immediately suspends a
person's license for his or her failure to submit to a mental
or physical examination, when directed, a hearing on that
person's license must be convened by the Department within 15
days after the suspension and completed without appreciable
delay.
In instances in which the Secretary otherwise suspends a
person's license pursuant to the results of a compelled mental
or physical examination, a hearing on that person's license
must be convened by the Department within 15 days after the
suspension and completed without appreciable delay. The
Department and Board shall have the authority to review the
subject individual's record of treatment and counseling
regarding the impairment to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate to
the Department or Board that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
(c) (Blank). The Department shall deny a license or renewal

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authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with subsection (a)(5) of
Section 2105-15 of the Department of Professional Regulation
Law of the Civil Administrative Code of Illinois (20 ILCS
2105/2105-15).
(d) In cases where the Department of Healthcare and Family
Services (formerly Department of Public Aid) has previously
determined that a licensee or a potential licensee is more than
30 days delinquent in the payment of child support and has
subsequently certified the delinquency to the Department, the
Department may refuse to issue or renew or may revoke or
suspend that person's license or may take other disciplinary
action against that person based solely upon the certification
of delinquency made by the Department of Healthcare and Family
Services in accordance with subsection (a)(5) of Section
2105-15 of the Department of Professional Regulation Law of the
Civil Administrative Code of Illinois (20 ILCS 2105/2105-15).
(e) The Department may refuse to issue or renew a license,
or may revoke or suspend a license, for failure to file a
return, to pay the tax, penalty, or interest shown in a filed
return, or to pay any final assessment of tax, penalty, or
interest as required by any tax Act administered by the
Department of Revenue, until such time as the requirements of
the tax Act are satisfied in accordance with subsection (g) of

SB2439 Engrossed - 104 - LRB100 18051 XWW 33240 b
Section 2105-15 of the Department of Professional Regulation
Law of the Civil Administrative Code of Illinois (20 ILCS
2105/2105-15).
(Source: P.A. 98-756, eff. 7-16-14.)
Section 770. The Professional Counselor and Clinical
Professional Counselor Licensing and Practice Act is amended by
changing Section 80 as follows:
(225 ILCS 107/80)
(Section scheduled to be repealed on January 1, 2023)
Sec. 80. Grounds for discipline.
(a) The Department may refuse to issue, renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action as the Department
deems appropriate, including the issuance of fines not to
exceed $10,000 for each violation, with regard to any license
for any one or more of the following:
(1) Material misstatement in furnishing information to
the Department or to any other State agency.
(2) Violations or negligent or intentional disregard
of this Act or rules adopted under this Act.
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision,

SB2439 Engrossed - 105 - LRB100 18051 XWW 33240 b
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States: (i) that
is a felony or (ii) that is a misdemeanor, an essential
element of which is dishonesty, or that is directly related
to the practice of the profession.
(4) Fraud or any misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal of a license under this Act.
(5) Professional incompetence or gross negligence in
the rendering of professional counseling or clinical
professional counseling services.
(6) Malpractice.
(7) Aiding or assisting another person in violating any
provision of this Act or any rules.
(8) Failing to provide information within 60 days in
response to a written request made by the Department.
(9) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public and violating the rules of
professional conduct adopted by the Department.
(10) Habitual or excessive use or abuse of drugs as
defined in law as controlled substances, alcohol, or any
other substance which results in inability to practice with
reasonable skill, judgment, or safety.
(11) Discipline by another jurisdiction, the District
of Columbia, territory, county, or governmental agency, if

SB2439 Engrossed - 106 - LRB100 18051 XWW 33240 b
at least one of the grounds for the discipline is the same
or substantially equivalent to those set forth in this
Section.
(12) Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership, or association
any fee, commission, rebate or other form of compensation
for any professional service not actually rendered.
Nothing in this paragraph (12) affects any bona fide
independent contractor or employment arrangements among
health care professionals, health facilities, health care
providers, or other entities, except as otherwise
prohibited by law. Any employment arrangements may include
provisions for compensation, health insurance, pension, or
other employment benefits for the provision of services
within the scope of the licensee's practice under this Act.
Nothing in this paragraph (12) shall be construed to
require an employment arrangement to receive professional
fees for services rendered.
(13) A finding by the Board that the licensee, after
having the license placed on probationary status, has
violated the terms of probation.
(14) Abandonment of a client.
(15) Willfully filing false reports relating to a
licensee's practice, including but not limited to false
records filed with federal or State agencies or
departments.

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(16) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act and in matters pertaining
to suspected abuse, neglect, financial exploitation, or
self-neglect of adults with disabilities and older adults
as set forth in the Adult Protective Services Act.
(17) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
pursuant to the Abused and Neglected Child Reporting Act,
and upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(18) Physical or mental illness or disability,
including, but not limited to, deterioration through the
aging process or loss of abilities and skills which results
in the inability to practice the profession with reasonable
judgment, skill, or safety.
(19) Solicitation of professional services by using
false or misleading advertising.
(20) Allowing one's license under this Act to be used
by an unlicensed person in violation of this Act.
(21) A finding that licensure has been applied for or
obtained by fraudulent means.
(22) Practicing under a false or, except as provided by
law, an assumed name.

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(23) Gross and willful overcharging for professional
services including filing statements for collection of
fees or monies for which services are not rendered.
(24) Rendering professional counseling or clinical
professional counseling services without a license or
practicing outside the scope of a license.
(25) Clinical supervisors failing to adequately and
responsibly monitor supervisees.
All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the
fine.
(b) (Blank). The Department shall deny, without hearing,
any application or renewal for a license under this Act to any
person who has defaulted on an educational loan guaranteed by
the Illinois Student Assistance Commission or any governmental
agency of this State in accordance with item (5) of subsection
(a) of Section 2105-15 of the Department of Professional
Regulation Law of the Civil Administrative Code of Illinois.
(b-5) The Department may refuse to issue or may suspend
without hearing, as provided for in the Code of Civil
Procedure, the license of any person who fails to file a
return, pay the tax, penalty, or interest shown in a filed
return, or pay any final assessment of the tax, penalty, or
interest as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied in accordance

SB2439 Engrossed - 109 - LRB100 18051 XWW 33240 b
with subsection (g) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois.
(b-10) In cases where the Department of Healthcare and
Family Services has previously determined a licensee or a
potential licensee is more than 30 days delinquent in the
payment of child support and has subsequently certified the
delinquency to the Department, the Department may refuse to
issue or renew or may revoke or suspend that person's license
or may take other disciplinary action against that person based
solely upon the certification of delinquency made by the
Department of Healthcare and Family Services in accordance with
item (5) of subsection (a) of Section 2105-15 of the Department
of Professional Regulation Law of the Civil Administrative Code
of Illinois.
(c) The determination by a court that a licensee is subject
to involuntary admission or judicial admission as provided in
the Mental Health and Developmental Disabilities Code will
result in an automatic suspension of his or her license. The
suspension will end upon a finding by a court that the licensee
is no longer subject to involuntary admission or judicial
admission, the issuance of an order so finding and discharging
the patient, and the recommendation of the Board to the
Secretary that the licensee be allowed to resume professional
practice.
(c-5) In enforcing this Act, the Department, upon a showing

SB2439 Engrossed - 110 - LRB100 18051 XWW 33240 b
of a possible violation, may compel an individual licensed to
practice under this Act, or who has applied for licensure under
this Act, to submit to a mental or physical examination, or
both, as required by and at the expense of the Department. The
Department may order the examining physician to present
testimony concerning the mental or physical examination of the
licensee or applicant. No information shall be excluded by
reason of any common law or statutory privilege relating to
communications between the licensee or applicant and the
examining physician. The examining physicians shall be
specifically designated by the Department. The individual to be
examined may have, at his or her own expense, another physician
of his or her choice present during all aspects of this
examination. The examination shall be performed by a physician
licensed to practice medicine in all its branches. Failure of
an individual to submit to a mental or physical examination,
when directed, shall result in an automatic suspension without
hearing.
A person holding a license under this Act or who has
applied for a license under this Act who, because of a physical
or mental illness or disability, including, but not limited to,
deterioration through the aging process or loss of motor skill,
is unable to practice the profession with reasonable judgment,
skill, or safety, may be required by the Department to submit
to care, counseling, or treatment by physicians approved or
designated by the Department as a condition, term, or

SB2439 Engrossed - 111 - LRB100 18051 XWW 33240 b
restriction for continued, reinstated, or renewed licensure to
practice. Submission to care, counseling, or treatment as
required by the Department shall not be considered discipline
of a license. If the licensee refuses to enter into a care,
counseling, or treatment agreement or fails to abide by the
terms of the agreement, the Department may file a complaint to
revoke, suspend, or otherwise discipline the license of the
individual. The Secretary may order the license suspended
immediately, pending a hearing by the Department. Fines shall
not be assessed in disciplinary actions involving physical or
mental illness or impairment.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that person's
license must be convened by the Department within 15 days after
the suspension and completed without appreciable delay. The
Department shall have the authority to review the subject
individual's record of treatment and counseling regarding the
impairment to the extent permitted by applicable federal
statutes and regulations safeguarding the confidentiality of
medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate to
the Department that he or she can resume practice in compliance
with acceptable and prevailing standards under the provisions
of his or her license.
(d) (Blank).

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(Source: P.A. 100-201, eff. 8-18-17.)
Section 775. The Sex Offender Evaluation and Treatment
Provider Act is amended by changing Section 75 as follows:
(225 ILCS 109/75)
Sec. 75. Refusal, revocation, or suspension.
(a) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or nondisciplinary action, as the Department
considers appropriate, including the imposition of fines not to
exceed $10,000 for each violation, with regard to any license
or licensee for any one or more of the following:
(1) violations of this Act or of the rules adopted
under this Act;
(2) discipline by the Department under other state law
and rules which the licensee is subject to;
(3) conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing for any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States: (i) that
is a felony; or (ii) that is a misdemeanor, an essential
element of which is dishonesty, or that is directly related
to the practice of the profession;

SB2439 Engrossed - 113 - LRB100 18051 XWW 33240 b
(4) professional incompetence;
(5) advertising in a false, deceptive, or misleading
manner;
(6) aiding, abetting, assisting, procuring, advising,
employing, or contracting with any unlicensed person to
provide sex offender evaluation or treatment services
contrary to any rules or provisions of this Act;
(7) engaging in immoral conduct in the commission of
any act, such as sexual abuse, sexual misconduct, or sexual
exploitation, related to the licensee's practice;
(8) engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public;
(9) practicing or offering to practice beyond the scope
permitted by law or accepting and performing professional
responsibilities which the licensee knows or has reason to
know that he or she is not competent to perform;
(10) knowingly delegating professional
responsibilities to a person unqualified by training,
experience, or licensure to perform;
(11) failing to provide information in response to a
written request made by the Department within 60 days;
(12) having a habitual or excessive use of or addiction
to alcohol, narcotics, stimulants, or any other chemical
agent or drug which results in the inability to practice
with reasonable judgment, skill, or safety;

SB2439 Engrossed - 114 - LRB100 18051 XWW 33240 b
(13) having a pattern of practice or other behavior
that demonstrates incapacity or incompetence to practice
under this Act;
(14) discipline by another state, District of
Columbia, territory, or foreign nation, if at least one of
the grounds for the discipline is the same or substantially
equivalent to those set forth in this Section;
(15) a finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation;
(16) willfully making or filing false records or
reports in his or her practice, including, but not limited
to, false records filed with State agencies or departments;
(17) making a material misstatement in furnishing
information to the Department or otherwise making
misleading, deceptive, untrue, or fraudulent
representations in violation of this Act or otherwise in
the practice of the profession;
(18) fraud or misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal of a license under this Act;
(19) inability to practice the profession with
reasonable judgment, skill, or safety as a result of
physical illness, including, but not limited to,
deterioration through the aging process, loss of motor
skill, or a mental illness or disability;

SB2439 Engrossed - 115 - LRB100 18051 XWW 33240 b
(20) charging for professional services not rendered,
including filing false statements for the collection of
fees for which services are not rendered; or
(21) practicing under a false or, except as provided by
law, an assumed name.
All fines shall be paid within 60 days of the effective
date of the order imposing the fine.
(b) The Department may refuse to issue or may suspend the
license of any person who fails to file a tax return, to pay
the tax, penalty, or interest shown in a filed tax return, or
to pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Illinois Department
of Revenue, until such time as the requirements of the tax Act
are satisfied in accordance with subsection (g) of Section
2105-15 of the Civil Administrative Code of Illinois.
(c) (Blank). The Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with item (5) of subsection
(a) of Section 2105-15 of the Civil Administrative Code of
Illinois.
(d) In cases where the Department of Healthcare and Family
Services has previously determined that a licensee or a
potential licensee is more than 30 days delinquent in the
payment of child support and has subsequently certified the

SB2439 Engrossed - 116 - LRB100 18051 XWW 33240 b
delinquency to the Department, the Department may refuse to
issue or renew or may revoke or suspend that person's license
or may take other disciplinary action against that person based
solely upon the certification of delinquency made by the
Department of Healthcare and Family Services in accordance with
item (5) of subsection (a) of Section 2105-15 of the Civil
Administrative Code of Illinois.
(e) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission, as
provided in the Mental Health and Developmental Disabilities
Code, operates as an automatic suspension. The suspension will
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and the issuance of a court order so finding and discharging
the patient.
(f) In enforcing this Act, the Department or Board, upon a
showing of a possible violation, may compel an individual
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, as required by and at the expense of the
Department. The Department or Board may order the examining
physician to present testimony concerning the mental or
physical examination of the licensee or applicant. No
information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The

SB2439 Engrossed - 117 - LRB100 18051 XWW 33240 b
examining physician shall be specifically designated by the
Board or Department. The individual to be examined may have, at
his or her own expense, another physician of his or her choice
present during all aspects of this examination. The examination
shall be performed by a physician licensed to practice medicine
in all its branches. Failure of an individual to submit to a
mental or physical examination, when directed, shall result in
an automatic suspension without hearing.
A person holding a license under this Act or who has
applied for a license under this Act who, because of a physical
or mental illness or disability, including, but not limited to,
deterioration through the aging process or loss of motor skill,
is unable to practice the profession with reasonable judgment,
skill, or safety, may be required by the Department to submit
to care, counseling, or treatment by physicians approved or
designated by the Department as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice. Submission to care, counseling, or treatment as
required by the Department shall not be considered discipline
of a license. If the licensee refuses to enter into a care,
counseling, or treatment agreement or fails to abide by the
terms of the agreement, the Department may file a complaint to
revoke, suspend, or otherwise discipline the license of the
individual. The Secretary may order the license suspended
immediately, pending a hearing by the Department. Fines shall
not be assessed in disciplinary actions involving physical or

SB2439 Engrossed - 118 - LRB100 18051 XWW 33240 b
mental illness or impairment.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that person's
license must be convened by the Department within 15 days after
the suspension and completed without appreciable delay. The
Department and Board shall have the authority to review the
subject individual's record of treatment and counseling
regarding the impairment to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and subject to action
under this Section shall be afforded an opportunity to
demonstrate to the Department or Board that he or she can
resume practice in compliance with acceptable and prevailing
standards under the provisions of his or her license.
(Source: P.A. 97-1098, eff. 7-1-13; 98-756, eff. 7-16-14.)
Section 780. The Illinois Speech-Language Pathology and
Audiology Practice Act is amended by changing Section 16 as
follows:
(225 ILCS 110/16) (from Ch. 111, par. 7916)
(Section scheduled to be repealed on January 1, 2028)
Sec. 16. Refusal, revocation or suspension of licenses.
(1) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, censure, reprimand or take

SB2439 Engrossed - 119 - LRB100 18051 XWW 33240 b
other disciplinary or non-disciplinary action as the
Department may deem proper, including fines not to exceed
$10,000 for each violation, with regard to any license for any
one or combination of the following causes:
(a) Fraud in procuring the license.
(b) (Blank).
(c) Willful or repeated violations of the rules of the
Department of Public Health.
(d) Division of fees or agreeing to split or divide the
fees received for speech-language pathology or audiology
services with any person for referring an individual, or
assisting in the care or treatment of an individual,
without the knowledge of the individual or his or her legal
representative. Nothing in this paragraph (d) affects any
bona fide independent contractor or employment
arrangements among health care professionals, health
facilities, health care providers, or other entities,
except as otherwise prohibited by law. Any employment
arrangements may include provisions for compensation,
health insurance, pension, or other employment benefits
for the provision of services within the scope of the
licensee's practice under this Act. Nothing in this
paragraph (d) shall be construed to require an employment
arrangement to receive professional fees for services
rendered.
(e) Employing, procuring, inducing, aiding or abetting

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a person not licensed as a speech-language pathologist or
audiologist to engage in the unauthorized practice of
speech-language pathology or audiology.
(e-5) Employing, procuring, inducing, aiding, or
abetting a person not licensed as a speech-language
pathology assistant to perform the functions and duties of
a speech-language pathology assistant.
(f) Making any misrepresentations or false promises,
directly or indirectly, to influence, persuade or induce
patronage.
(g) Professional connection or association with, or
lending his or her name to another for the illegal practice
of speech-language pathology or audiology by another, or
professional connection or association with any person,
firm or corporation holding itself out in any manner
contrary to this Act.
(h) Obtaining or seeking to obtain checks, money, or
any other things of value by false or fraudulent
representations, including but not limited to, engaging in
such fraudulent practice to defraud the medical assistance
program of the Department of Healthcare and Family Services
(formerly Department of Public Aid).
(i) Practicing under a name other than his or her own.
(j) Improper, unprofessional or dishonorable conduct
of a character likely to deceive, defraud or harm the
public.

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(k) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or
sentencing, including, but not limited to, convictions,
preceding sentences of supervision, conditional discharge,
or first offender probation, under the laws of any
jurisdiction of the United States that is (i) a felony or
(ii) a misdemeanor, an essential element of which is
dishonesty, or that is directly related to the practice of
the profession.
(1) Permitting a person under his or her supervision to
perform any function not authorized by this Act.
(m) A violation of any provision of this Act or rules
promulgated thereunder.
(n) Discipline by another state, the District of
Columbia, territory, or foreign nation of a license to
practice speech-language pathology or audiology or a
license to practice as a speech-language pathology
assistant in its jurisdiction if at least one of the
grounds for that discipline is the same as or the
equivalent of one of the grounds for discipline set forth
herein.
(o) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(p) Gross or repeated malpractice.
(q) Willfully making or filing false records or reports

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in his or her practice as a speech-language pathologist,
speech-language pathology assistant, or audiologist,
including, but not limited to, false records to support
claims against the public assistance program of the
Department of Healthcare and Family Services (formerly
Illinois Department of Public Aid).
(r) Professional incompetence as manifested by poor
standards of care or mental incompetence as declared by a
court of competent jurisdiction.
(s) Repeated irregularities in billing a third party
for services rendered to an individual. For purposes of
this Section, "irregularities in billing" shall include:
(i) reporting excessive charges for the purpose of
obtaining a total payment in excess of that usually
received by the speech-language pathologist,
speech-language pathology assistant, or audiologist
for the services rendered;
(ii) reporting charges for services not rendered;
or
(iii) incorrectly reporting services rendered for
the purpose of obtaining payment not earned.
(t) (Blank).
(u) Violation of the Health Care Worker Self-Referral
Act.
(v) Inability to practice with reasonable judgment,
skill, or safety as a result of habitual or excessive use

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of or addiction to alcohol, narcotics, or stimulants or any
other chemical agent or drug or as a result of physical
illness, including, but not limited to, deterioration
through the aging process or loss of motor skill, mental
illness, or disability.
(w) Violation of the Hearing Instrument Consumer
Protection Act.
(x) Failure by a speech-language pathology assistant
and supervising speech-language pathologist to comply with
the supervision requirements set forth in Section 8.8.
(y) Willfully exceeding the scope of duties
customarily undertaken by speech-language pathology
assistants set forth in Section 8.7 that results in, or may
result in, harm to the public.
(z) Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act.
(aa) Being named as a perpetrator in an indicated
report by the Department on Aging under the Adult
Protective Services Act, and upon proof by clear and
convincing evidence that the licensee has caused an
eligible adult to be abused, neglected, or financially
exploited as defined in the Adult Protective Services Act.
(bb) Violating Section 8.2 of this Act.
(cc) Violating Section 8.3 of this Act.

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(2) (Blank). The Department shall deny a license or renewal
authorized by this Act to any person who has defaulted on an
educational loan guaranteed by the Illinois State Scholarship
Commission; however, the Department may issue a license or
renewal if the aforementioned persons have established a
satisfactory repayment record as determined by the Illinois
State Scholarship Commission.
(3) The entry of an order by a circuit court establishing
that any person holding a license under this Act is subject to
involuntary admission or judicial admission as provided for in
the Mental Health and Developmental Disabilities Code,
operates as an automatic suspension of that license. That
person may have his or her license restored only upon the
determination by a circuit court that the patient is no longer
subject to involuntary admission or judicial admission and the
issuance of an order so finding and discharging the patient,
and upon the Board's recommendation to the Department that the
license be restored. Where the circumstances so indicate, the
Board may recommend to the Department that it require an
examination prior to restoring any license automatically
suspended under this subsection.
(4) The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the
tax, penalty, or interest shown in a filed return, or to pay
any final assessment of the tax penalty or interest, as
required by any tax Act administered by the Department of

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Revenue, until such time as the requirements of any such tax
Act are satisfied.
(5) In enforcing this Section, the Board upon a showing of
a possible violation may compel an individual licensed to
practice under this Act, or who has applied for licensure
pursuant to this Act, to submit to a mental or physical
examination, or both, as required by and at the expense of the
Department. The examining physicians or clinical psychologists
shall be those specifically designated by the Board. The
individual to be examined may have, at his or her own expense,
another physician or clinical psychologist of his or her choice
present during all aspects of this examination. Failure of any
individual to submit to a mental or physical examination, when
directed, shall be grounds for suspension of his or her license
until the individual submits to the examination if the Board
finds, after notice and hearing, that the refusal to submit to
the examination was without reasonable cause.
If the Board finds an individual unable to practice because
of the reasons set forth in this Section, the Board may require
that individual to submit to care, counseling, or treatment by
physicians or clinical psychologists approved or designated by
the Board, as a condition, term, or restriction for continued,
restored, or renewed licensure to practice; or, in lieu of
care, counseling, or treatment, the Board may recommend to the
Department to file a complaint to immediately suspend, revoke,
or otherwise discipline the license of the individual. Any

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individual whose license was granted, continued, restored,
renewed, disciplined or supervised subject to such terms,
conditions, or restrictions, and who fails to comply with such
terms, conditions, or restrictions, shall be referred to the
Secretary for a determination as to whether the individual
shall have his or her license suspended immediately, pending a
hearing by the Board.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that person's
license must be convened by the Board within 15 days after the
suspension and completed without appreciable delay. The Board
shall have the authority to review the subject individual's
record of treatment and counseling regarding the impairment to
the extent permitted by applicable federal statutes and
regulations safeguarding the confidentiality of medical
records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate to
the Board that he or she can resume practice in compliance with
acceptable and prevailing standards under the provisions of his
or her license.
(Source: P.A. 100-530, eff. 1-1-18.)
Section 785. The Veterinary Medicine and Surgery Practice
Act of 2004 is amended by changing Section 25 as follows:

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(225 ILCS 115/25) (from Ch. 111, par. 7025)
(Section scheduled to be repealed on January 1, 2024)
Sec. 25. Disciplinary actions.
1. The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action as the Department may
deem appropriate, including imposing fines not to exceed
$10,000 for each violation and the assessment of costs as
provided for in Section 25.3 of this Act, with regard to any
license or certificate for any one or combination of the
following:
A. Material misstatement in furnishing information to
the Department.
B. Violations of this Act, or of the rules adopted
pursuant to this Act.
C. Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States that is
(i) a felony or (ii) a misdemeanor, an essential element of
which is dishonesty, or that is directly related to the
practice of the profession.
D. Fraud or any misrepresentation in applying for or
procuring a license under this Act or in connection with

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applying for renewal of a license under this Act.
E. Professional incompetence.
F. Malpractice.
G. Aiding or assisting another person in violating any
provision of this Act or rules.
H. Failing, within 60 days, to provide information in
response to a written request made by the Department.
I. Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
J. Habitual or excessive use or abuse of drugs defined
in law as controlled substances, alcohol, or any other
substance that results in the inability to practice with
reasonable judgment, skill, or safety.
K. Discipline by another state, unit of government,
government agency, District of Columbia, territory, or
foreign nation, if at least one of the grounds for the
discipline is the same or substantially equivalent to those
set forth herein.
L. Charging for professional services not rendered,
including filing false statements for the collection of
fees for which services are not rendered.
M. A finding by the Board that the licensee or
certificate holder, after having his license or
certificate placed on probationary status, has violated
the terms of probation.

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N. Willfully making or filing false records or reports
in his practice, including but not limited to false records
filed with State agencies or departments.
O. Physical illness, including but not limited to,
deterioration through the aging process, or loss of motor
skill which results in the inability to practice under this
Act with reasonable judgment, skill, or safety.
P. Solicitation of professional services other than
permitted advertising.
Q. Allowing one's license under this Act to be used by
an unlicensed person in violation of this Act.
R. Conviction of or cash compromise of a charge or
violation of the Harrison Act or the Illinois Controlled
Substances Act, regulating narcotics.
S. Fraud or dishonesty in applying, treating, or
reporting on tuberculin or other biological tests.
T. Failing to report, as required by law, or making
false report of any contagious or infectious diseases.
U. Fraudulent use or misuse of any health certificate,
shipping certificate, brand inspection certificate, or
other blank forms used in practice that might lead to the
dissemination of disease or the transportation of diseased
animals dead or alive; or dilatory methods, willful
neglect, or misrepresentation in the inspection of milk,
meat, poultry, and the by-products thereof.
V. Conviction on a charge of cruelty to animals.

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W. Failure to keep one's premises and all equipment
therein in a clean and sanitary condition.
X. Failure to provide satisfactory proof of having
participated in approved continuing education programs.
Y. Mental illness or disability that results in the
inability to practice under this Act with reasonable
judgment, skill, or safety.
Z. Conviction by any court of competent jurisdiction,
either within or outside this State, of any violation of
any law governing the practice of veterinary medicine, if
the Department determines, after investigation, that the
person has not been sufficiently rehabilitated to warrant
the public trust.
AA. Promotion of the sale of drugs, devices,
appliances, or goods provided for a patient in any manner
to exploit the client for financial gain of the
veterinarian.
BB. Gross, willful, or continued overcharging for
professional services.
CC. Practicing under a false or, except as provided by
law, an assumed name.
DD. Violating state or federal laws or regulations
relating to controlled substances or legend drugs.
EE. Cheating on or attempting to subvert the licensing
examination administered under this Act.
FF. Using, prescribing, or selling a prescription drug

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or the extra-label use of a prescription drug by any means
in the absence of a valid veterinarian-client-patient
relationship.
GG. Failing to report a case of suspected aggravated
cruelty, torture, or animal fighting pursuant to Section
3.07 or 4.01 of the Humane Care for Animals Act or Section
26-5 or 48-1 of the Criminal Code of 1961 or the Criminal
Code of 2012.
All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the fine
or in accordance with the terms set forth in the order imposing
the fine.
2. The determination by a circuit court that a licensee or
certificate holder is subject to involuntary admission or
judicial admission as provided in the Mental Health and
Developmental Disabilities Code operates as an automatic
suspension. The suspension will end only upon a finding by a
court that the patient is no longer subject to involuntary
admission or judicial admission and issues an order so finding
and discharging the patient. In any case where a license is
suspended under this provision, the licensee shall file a
petition for restoration and shall include evidence acceptable
to the Department that the licensee can resume practice in
compliance with acceptable and prevailing standards of his or
her profession.
3. All proceedings to suspend, revoke, place on

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probationary status, or take any other disciplinary action as
the Department may deem proper, with regard to a license or
certificate on any of the foregoing grounds, must be commenced
within 5 years after receipt by the Department of a complaint
alleging the commission of or notice of the conviction order
for any of the acts described in this Section. Except for
proceedings brought for violations of items (CC), (DD), or
(EE), no action shall be commenced more than 5 years after the
date of the incident or act alleged to have violated this
Section. In the event of the settlement of any claim or cause
of action in favor of the claimant or the reduction to final
judgment of any civil action in favor of the plaintiff, the
claim, cause of action, or civil action being grounded on the
allegation that a person licensed or certified under this Act
was negligent in providing care, the Department shall have an
additional period of one year from the date of the settlement
or final judgment in which to investigate and begin formal
disciplinary proceedings under Section 25.2 of this Act, except
as otherwise provided by law. The time during which the holder
of the license or certificate was outside the State of Illinois
shall not be included within any period of time limiting the
commencement of disciplinary action by the Department.
4. The Department may refuse to issue or may suspend
without hearing, as provided for in the Illinois Code of Civil
Procedure, the license of any person who fails to file a
return, to pay the tax, penalty, or interest shown in a filed

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return, or to pay any final assessment of tax, penalty, or
interest as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied in accordance
with subsection (g) of Section 2105-15 of the Civil
Administrative Code of Illinois.
5. In enforcing this Section, the Department, upon a
showing of a possible violation, may compel any individual who
is registered under this Act or any individual who has applied
for registration to submit to a mental or physical examination
or evaluation, or both, which may include a substance abuse or
sexual offender evaluation, at the expense of the Department.
The Department shall specifically designate the examining
physician licensed to practice medicine in all of its branches
or, if applicable, the multidisciplinary team involved in
providing the mental or physical examination and evaluation.
The multidisciplinary team shall be led by a physician licensed
to practice medicine in all of its branches and may consist of
one or more or a combination of physicians licensed to practice
medicine in all of its branches, licensed chiropractic
physicians, licensed clinical psychologists, licensed clinical
social workers, licensed clinical professional counselors, and
other professional and administrative staff. Any examining
physician or member of the multidisciplinary team may require
any person ordered to submit to an examination and evaluation
pursuant to this Section to submit to any additional

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supplemental testing deemed necessary to complete any
examination or evaluation process, including, but not limited
to, blood testing, urinalysis, psychological testing, or
neuropsychological testing.
The Department may order the examining physician or any
member of the multidisciplinary team to provide to the
Department any and all records, including business records,
that relate to the examination and evaluation, including any
supplemental testing performed. The Department may order the
examining physician or any member of the multidisciplinary team
to present testimony concerning this examination and
evaluation of the registrant or applicant, including testimony
concerning any supplemental testing or documents relating to
the examination and evaluation. No information, report,
record, or other documents in any way related to the
examination and evaluation shall be excluded by reason of any
common law or statutory privilege relating to communication
between the licensee or applicant and the examining physician
or any member of the multidisciplinary team. No authorization
is necessary from the registrant or applicant ordered to
undergo an evaluation and examination for the examining
physician or any member of the multidisciplinary team to
provide information, reports, records, or other documents or to
provide any testimony regarding the examination and
evaluation. The individual to be examined may have, at his or
her own expense, another physician of his or her choice present

SB2439 Engrossed - 135 - LRB100 18051 XWW 33240 b
during all aspects of the examination.
Failure of any individual to submit to mental or physical
examination or evaluation, or both, when directed, shall result
in an automatic suspension without hearing, until such time as
the individual submits to the examination. If the Department
finds a registrant unable to practice because of the reasons
set forth in this Section, the Department shall require such
registrant to submit to care, counseling, or treatment by
physicians approved or designated by the Department as a
condition for continued, reinstated, or renewed registration.
In instances in which the Secretary immediately suspends a
registration under this Section, a hearing upon such person's
registration must be convened by the Department within 15 days
after such suspension and completed without appreciable delay.
The Department shall have the authority to review the
registrant's record of treatment and counseling regarding the
impairment to the extent permitted by applicable federal
statutes and regulations safeguarding the confidentiality of
medical records.
Individuals registered under this Act who are affected
under this Section, shall be afforded an opportunity to
demonstrate to the Department that they can resume practice in
compliance with acceptable and prevailing standards under the
provisions of their registration.
6. (Blank). The Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an

SB2439 Engrossed - 136 - LRB100 18051 XWW 33240 b
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with paragraph (5) of
subsection (a) of Section 2105-15 of the Civil Administrative
Code of Illinois.
7. In cases where the Department of Healthcare and Family
Services has previously determined a licensee or a potential
licensee is more than 30 days delinquent in the payment of
child support and has subsequently certified the delinquency to
the Department, the Department may refuse to issue or renew or
may revoke or suspend that person's license or may take other
disciplinary action against that person based solely upon the
certification of delinquency made by the Department of
Healthcare and Family Services in accordance with paragraph (5)
of subsection (a) of Section 2105-15 of the Civil
Administrative Code of Illinois.
(Source: P.A. 98-339, eff. 12-31-13; 99-78, eff. 7-20-15.)
Section 790. The Registered Surgical Assistant and
Registered Surgical Technologist Title Protection Act is
amended by changing Section 75 as follows:
(225 ILCS 130/75)
(Section scheduled to be repealed on January 1, 2024)
Sec. 75. Grounds for disciplinary action.
(a) The Department may refuse to issue, renew, or restore a

SB2439 Engrossed - 137 - LRB100 18051 XWW 33240 b
registration, may revoke or suspend a registration, or may
place on probation, reprimand, or take other disciplinary or
non-disciplinary action with regard to a person registered
under this Act, including but not limited to the imposition of
fines not to exceed $10,000 for each violation and the
assessment of costs as provided for in Section 90, for any one
or combination of the following causes:
(1) Making a material misstatement in furnishing
information to the Department.
(2) Violating a provision of this Act or rules adopted
under this Act.
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States that is
(i) a felony or (ii) a misdemeanor, an essential element of
which is dishonesty, or that is directly related to the
practice of the profession.
(4) Fraud or misrepresentation in applying for,
renewing, restoring, reinstating, or procuring a
registration under this Act.
(5) Aiding or assisting another person in violating a
provision of this Act or its rules.
(6) Failing to provide information within 60 days in

SB2439 Engrossed - 138 - LRB100 18051 XWW 33240 b
response to a written request made by the Department.
(7) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public, as defined by rule of the
Department.
(8) Discipline by another United States jurisdiction,
governmental agency, unit of government, or foreign
nation, if at least one of the grounds for discipline is
the same or substantially equivalent to those set forth in
this Section.
(9) Directly or indirectly giving to or receiving from
a person, firm, corporation, partnership, or association a
fee, commission, rebate, or other form of compensation for
professional services not actually or personally rendered.
Nothing in this paragraph (9) affects any bona fide
independent contractor or employment arrangements among
health care professionals, health facilities, health care
providers, or other entities, except as otherwise
prohibited by law. Any employment arrangements may include
provisions for compensation, health insurance, pension, or
other employment benefits for the provision of services
within the scope of the registrant's practice under this
Act. Nothing in this paragraph (9) shall be construed to
require an employment arrangement to receive professional
fees for services rendered.
(10) A finding by the Department that the registrant,

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after having his or her registration placed on probationary
status, has violated the terms of probation.
(11) Willfully making or filing false records or
reports in his or her practice, including but not limited
to false records or reports filed with State agencies.
(12) Willfully making or signing a false statement,
certificate, or affidavit to induce payment.
(13) Willfully failing to report an instance of
suspected child abuse or neglect as required under the
Abused and Neglected Child Reporting Act.
(14) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act and upon
proof by clear and convincing evidence that the registrant
has caused a child to be an abused child or neglected child
as defined in the Abused and Neglected Child Reporting Act.
(15) (Blank).
(16) Failure to report to the Department (A) any
adverse final action taken against the registrant by
another registering or licensing jurisdiction, government
agency, law enforcement agency, or any court or (B)
liability for conduct that would constitute grounds for
action as set forth in this Section.
(17) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, alcohol, or any
other substance that results in the inability to practice

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with reasonable judgment, skill, or safety.
(18) Physical or mental illness, including but not
limited to deterioration through the aging process or loss
of motor skills, which results in the inability to practice
the profession for which he or she is registered with
reasonable judgment, skill, or safety.
(19) Gross malpractice.
(20) Immoral conduct in the commission of an act
related to the registrant's practice, including but not
limited to sexual abuse, sexual misconduct, or sexual
exploitation.
(21) Violation of the Health Care Worker Self-Referral
Act.
(b) The Department may refuse to issue or may suspend
without hearing the registration of a person who fails to file
a return, to pay the tax, penalty, or interest shown in a filed
return, or to pay a final assessment of the tax, penalty, or
interest as required by a tax Act administered by the
Department of Revenue, until the requirements of the tax Act
are satisfied in accordance with subsection (g) of Section
2105-15 of the Department of Regulation Law of the Civil
Administrative Code of Illinois.
(c) The determination by a circuit court that a registrant
is subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. The suspension will

SB2439 Engrossed - 141 - LRB100 18051 XWW 33240 b
end only upon (1) a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission,
(2) issuance of an order so finding and discharging the
patient, and (3) filing of a petition for restoration
demonstrating fitness to practice.
(d) (Blank). The Department shall deny a registration or
renewal authorized by this Act to a person who has defaulted on
an educational loan or scholarship provided or guaranteed by
the Illinois Student Assistance Commission or any governmental
agency of this State in accordance with paragraph (5) of
subsection (a) of Section 2105-15 of the Department of
Regulation Law of the Civil Administrative Code of Illinois.
(e) In cases where the Department of Healthcare and Family
Services has previously determined a registrant or a potential
registrant is more than 30 days delinquent in the payment of
child support and has subsequently certified the delinquency to
the Department, the Department may refuse to issue or renew or
may revoke or suspend that person's registration or may take
other disciplinary action against that person based solely upon
the certification of delinquency made by the Department of
Healthcare and Family Services in accordance with paragraph (5)
of subsection (a) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois.
(f) In enforcing this Section, the Department, upon a
showing of a possible violation, may compel any individual

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registered under this Act or any individual who has applied for
registration to submit to a mental or physical examination and
evaluation, or both, that may include a substance abuse or
sexual offender evaluation, at the expense of the Department.
The Department shall specifically designate the examining
physician licensed to practice medicine in all of its branches
or, if applicable, the multidisciplinary team involved in
providing the mental or physical examination and evaluation, or
both. The multidisciplinary team shall be led by a physician
licensed to practice medicine in all of its branches and may
consist of one or more or a combination of physicians licensed
to practice medicine in all of its branches, licensed
chiropractic physicians, licensed clinical psychologists,
licensed clinical social workers, licensed clinical
professional counselors, and other professional and
administrative staff. Any examining physician or member of the
multidisciplinary team may require any person ordered to submit
to an examination and evaluation pursuant to this Section to
submit to any additional supplemental testing deemed necessary
to complete any examination or evaluation process, including,
but not limited to, blood testing, urinalysis, psychological
testing, or neuropsychological testing.
The Department may order the examining physician or any
member of the multidisciplinary team to provide to the
Department any and all records, including business records,
that relate to the examination and evaluation, including any

SB2439 Engrossed - 143 - LRB100 18051 XWW 33240 b
supplemental testing performed. The Department may order the
examining physician or any member of the multidisciplinary team
to present testimony concerning this examination and
evaluation of the registrant or applicant, including testimony
concerning any supplemental testing or documents relating to
the examination and evaluation. No information, report,
record, or other documents in any way related to the
examination and evaluation shall be excluded by reason of any
common law or statutory privilege relating to communication
between the registrant or applicant and the examining physician
or any member of the multidisciplinary team. No authorization
is necessary from the registrant or applicant ordered to
undergo an evaluation and examination for the examining
physician or any member of the multidisciplinary team to
provide information, reports, records, or other documents or to
provide any testimony regarding the examination and
evaluation. The individual to be examined may have, at his or
her own expense, another physician of his or her choice present
during all aspects of the examination.
Failure of any individual to submit to mental or physical
examination and evaluation, or both, when directed, shall
result in an automatic suspension without a hearing until such
time as the individual submits to the examination. If the
Department finds a registrant unable to practice because of the
reasons set forth in this Section, the Department shall require
such registrant to submit to care, counseling, or treatment by

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physicians approved or designated by the Department as a
condition for continued, reinstated, or renewed registration.
When the Secretary immediately suspends a registration
under this Section, a hearing upon such person's registration
must be convened by the Department within 15 days after such
suspension and completed without appreciable delay. The
Department shall have the authority to review the registrant's
record of treatment and counseling regarding the impairment to
the extent permitted by applicable federal statutes and
regulations safeguarding the confidentiality of medical
records.
Individuals registered under this Act and affected under
this Section shall be afforded an opportunity to demonstrate to
the Department that they can resume practice in compliance with
acceptable and prevailing standards under the provisions of
their registration.
(g) All fines imposed under this Section shall be paid
within 60 days after the effective date of the order imposing
the fine or in accordance with the terms set forth in the order
imposing the fine.
(Source: P.A. 98-364, eff. 12-31-13.)
Section 795. The Genetic Counselor Licensing Act is amended
by changing Section 95 as follows:
(225 ILCS 135/95)

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(Section scheduled to be repealed on January 1, 2025)
Sec. 95. Grounds for discipline.
(a) The Department may refuse to issue, renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action as the Department
deems appropriate, including the issuance of fines not to
exceed $10,000 for each violation, with regard to any license
for any one or more of the following:
(1) Material misstatement in furnishing information to
the Department or to any other State agency.
(2) Violations or negligent or intentional disregard
of this Act, or any of its rules.
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or
sentencing, including, but not limited to, convictions,
preceding sentences of supervision, conditional discharge,
or first offender probation, under the laws of any
jurisdiction of the United States: (i) that is a felony or
(ii) that is a misdemeanor, an essential element of which
is dishonesty, or that is directly related to the practice
of genetic counseling.
(4) Making any misrepresentation for the purpose of
obtaining a license, or violating any provision of this Act
or its rules.
(5) Negligence in the rendering of genetic counseling
services.

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(6) Failure to provide genetic testing results and any
requested information to a referring physician licensed to
practice medicine in all its branches, advanced practice
registered nurse, or physician assistant.
(7) Aiding or assisting another person in violating any
provision of this Act or any rules.
(8) Failing to provide information within 60 days in
response to a written request made by the Department.
(9) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public and violating the rules of
professional conduct adopted by the Department.
(10) Failing to maintain the confidentiality of any
information received from a client, unless otherwise
authorized or required by law.
(10.5) Failure to maintain client records of services
provided and provide copies to clients upon request.
(11) Exploiting a client for personal advantage,
profit, or interest.
(12) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
which results in inability to practice with reasonable
skill, judgment, or safety.
(13) Discipline by another governmental agency or unit
of government, by any jurisdiction of the United States, or
by a foreign nation, if at least one of the grounds for the

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discipline is the same or substantially equivalent to those
set forth in this Section.
(14) Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership, or association
any fee, commission, rebate, or other form of compensation
for any professional service not actually rendered.
Nothing in this paragraph (14) affects any bona fide
independent contractor or employment arrangements among
health care professionals, health facilities, health care
providers, or other entities, except as otherwise
prohibited by law. Any employment arrangements may include
provisions for compensation, health insurance, pension, or
other employment benefits for the provision of services
within the scope of the licensee's practice under this Act.
Nothing in this paragraph (14) shall be construed to
require an employment arrangement to receive professional
fees for services rendered.
(15) A finding by the Department that the licensee,
after having the license placed on probationary status has
violated the terms of probation.
(16) Failing to refer a client to other health care
professionals when the licensee is unable or unwilling to
adequately support or serve the client.
(17) Willfully filing false reports relating to a
licensee's practice, including but not limited to false
records filed with federal or State agencies or

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departments.
(18) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(19) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
pursuant to the Abused and Neglected Child Reporting Act,
and upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(20) Physical or mental disability, including
deterioration through the aging process or loss of
abilities and skills which results in the inability to
practice the profession with reasonable judgment, skill,
or safety.
(21) Solicitation of professional services by using
false or misleading advertising.
(22) Failure to file a return, or to pay the tax,
penalty of interest shown in a filed return, or to pay any
final assessment of tax, penalty or interest, as required
by any tax Act administered by the Illinois Department of
Revenue or any successor agency or the Internal Revenue
Service or any successor agency.
(23) Fraud or making any misrepresentation in applying
for or procuring a license under this Act or in connection

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with applying for renewal of a license under this Act.
(24) Practicing or attempting to practice under a name
other than the full name as shown on the license or any
other legally authorized name.
(25) Gross overcharging for professional services,
including filing statements for collection of fees or
monies for which services are not rendered.
(26) (Blank).
(27) Charging for professional services not rendered,
including filing false statements for the collection of
fees for which services are not rendered.
(28) Allowing one's license under this Act to be used
by an unlicensed person in violation of this Act.
(b) (Blank). The Department shall deny, without hearing,
any application or renewal for a license under this Act to any
person who has defaulted on an educational loan guaranteed by
the Illinois Student Assistance Commission; however, the
Department may issue a license or renewal if the person in
default has established a satisfactory repayment record as
determined by the Illinois Student Assistance Commission.
(c) The determination by a court that a licensee is subject
to involuntary admission or judicial admission as provided in
the Mental Health and Developmental Disabilities Code will
result in an automatic suspension of his or her license. The
suspension will end upon a finding by a court that the licensee
is no longer subject to involuntary admission or judicial

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admission, the issuance of an order so finding and discharging
the patient, and the determination of the Secretary that the
licensee be allowed to resume professional practice.
(d) The Department may refuse to issue or renew or may
suspend without hearing the license of any person who fails to
file a return, to pay the tax penalty or interest shown in a
filed return, or to pay any final assessment of the tax,
penalty, or interest as required by any Act regarding the
payment of taxes administered by the Illinois Department of
Revenue until the requirements of the Act are satisfied in
accordance with subsection (g) of Section 2105-15 of the Civil
Administrative Code of Illinois.
(e) In cases where the Department of Healthcare and Family
Services has previously determined that a licensee or a
potential licensee is more than 30 days delinquent in the
payment of child support and has subsequently certified the
delinquency to the Department, the Department may refuse to
issue or renew or may revoke or suspend that person's license
or may take other disciplinary action against that person based
solely upon the certification of delinquency made by the
Department of Healthcare and Family Services in accordance with
item (5) of subsection (a) of Section 2105-15 of the Department
of Professional Regulation Law of the Civil Administrative Code
of Illinois.
(f) All fines or costs imposed under this Section shall be
paid within 60 days after the effective date of the order

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imposing the fine or costs or in accordance with the terms set
forth in the order imposing the fine.
(Source: P.A. 99-173, eff. 7-29-15; 99-633, eff. 1-1-17;
100-201, eff. 8-18-17; 100-513, eff. 1-1-18.)
Section 800. The Illinois Architecture Practice Act of 1989
is amended by changing Section 22 as follows:
(225 ILCS 305/22) (from Ch. 111, par. 1322)
(Section scheduled to be repealed on January 1, 2020)
Sec. 22. Refusal, suspension and revocation of licenses;
causes.
(a) The Department may, singularly or in combination,
refuse to issue, renew or restore, or may suspend, revoke,
place on probation, or take other disciplinary or
non-disciplinary action as deemed appropriate, including, but
not limited to, the imposition of fines not to exceed $10,000
for each violation, as the Department may deem proper, with
regard to a license for any one or combination of the following
causes:
(1) material misstatement in furnishing information to
the Department;
(2) negligence, incompetence or misconduct in the
practice of architecture;
(3) failure to comply with any of the provisions of
this Act or any of the rules;

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(4) making any misrepresentation for the purpose of
obtaining licensure;
(5) purposefully making false statements or signing
false statements, certificates or affidavits to induce
payment;
(6) conviction of or plea of guilty or nolo contendere
to any crime that is a felony under the laws of the United
States or any state or territory thereof or that is a
misdemeanor, an essential element of which is dishonesty,
or any crime that is directly related to the practice of
the profession of architecture;
(7) aiding or assisting another person in violating any
provision of this Act or its rules;
(8) signing, affixing the architect's seal or
permitting the architect's seal to be affixed to any
technical submission not prepared by the architect or under
that architect's responsible control;
(9) engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public;
(10) habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that results in the inability to practice with reasonable
judgment, skill, or safety;
(11) making a statement of compliance pursuant to the
Environmental Barriers Act that technical submissions

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prepared by the architect or prepared under the architect's
responsible control for construction or alteration of an
occupancy required to be in compliance with the
Environmental Barriers Act are in compliance with the
Environmental Barriers Act when such technical submissions
are not in compliance;
(12) a finding by the Board that an applicant or
registrant has failed to pay a fine imposed by the
Department or a registrant, whose license has been placed
on probationary status, has violated the terms of
probation;
(13) discipline by another state, territory, foreign
country, the District of Columbia, the United States
government, or any other governmental agency, if at least
one of the grounds for discipline is the same or
substantially equivalent to those set forth herein;
(14) failure to provide information in response to a
written request made by the Department within 30 days after
the receipt of such written request;
(15) physical illness, including, but not limited to,
deterioration through the aging process or loss of motor
skill, mental illness, or disability which results in the
inability to practice the profession with reasonable
judgment, skill, and safety, including without limitation
deterioration through the aging process, mental illness,
or disability.

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(a-5) In enforcing this Section, the Department or Board,
upon a showing of a possible violation, may order a licensee or
applicant to submit to a mental or physical examination, or
both, at the expense of the Department. The Department or Board
may order the examining physician to present testimony
concerning his or her examination of the licensee or applicant.
No information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physicians shall be specifically designated by the
Board or Department. The licensee or applicant may have, at his
or her own expense, another physician of his or her choice
present during all aspects of the examination. Failure of a
licensee or applicant to submit to any such examination when
directed, without reasonable cause as defined by rule, shall be
grounds for either the immediate suspension of his or her
license or immediate denial of his or her application.
If the Secretary immediately suspends the license of a
licensee for his or her failure to submit to a mental or
physical examination when directed, a hearing must be convened
by the Department within 15 days after the suspension and
completed without appreciable delay.
If the Secretary otherwise suspends a license pursuant to
the results of the licensee's mental or physical examination, a
hearing must be convened by the Department within 15 days after
the suspension and completed without appreciable delay. The

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Department and Board shall have the authority to review the
licensee's record of treatment and counseling regarding the
relevant impairment or impairments to the extent permitted by
applicable federal statutes and regulations safeguarding the
confidentiality of medical records.
Any licensee suspended under this subsection (a-5) shall be
afforded an opportunity to demonstrate to the Department or
Board that he or she can resume practice in compliance with the
acceptable and prevailing standards under the provisions of his
or her license.
(b) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission, as
provided in the Mental Health and Developmental Disabilities
Code, operates as an automatic suspension. Such suspension will
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission,
the issuance of an order so finding and discharging the
patient, and the recommendation of the Board to the Secretary
that the licensee be allowed to resume practice.
(c) (Blank). The Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with subdivision (a)(5) of
Section 2105-15 of the Department of Professional Regulation
Law of the Civil Administrative Code of Illinois.

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(d) In cases where the Department of Healthcare and Family
Services (formerly the Department of Public Aid) has previously
determined that a licensee or a potential licensee is more than
30 days delinquent in the payment of child support and has
subsequently certified the delinquency to the Department, the
Department shall refuse to issue or renew or shall revoke or
suspend that person's license or shall take other disciplinary
action against that person based solely upon the certification
of delinquency made by the Department of Healthcare and Family
Services in accordance with subdivision (a)(5) of Section
2105-15 of the Department of Professional Regulation Law of the
Civil Administrative Code of Illinois.
(e) The Department shall deny a license or renewal
authorized by this Act to a person who has failed to file a
return, to pay the tax, penalty, or interest shown in a filed
return, or to pay any final assessment of tax, penalty, or
interest as required by any tax Act administered by the
Department of Revenue, until such time as the requirements of
the tax Act are satisfied in accordance with subsection (g) of
Section 2105-15 of the Department of Professional Regulation
Law of the Civil Administrative Code of Illinois.
(f) Persons who assist the Department as consultants or
expert witnesses in the investigation or prosecution of alleged
violations of the Act, licensure matters, restoration
proceedings, or criminal prosecutions, shall not be liable for
damages in any civil action or proceeding as a result of such

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assistance, except upon proof of actual malice. The attorney
general shall defend such persons in any such action or
proceeding.
(Source: P.A. 98-756, eff. 7-16-14.)
Section 805. The Interior Design Title Act is amended by
changing Section 13 as follows:
(225 ILCS 310/13) (from Ch. 111, par. 8213)
(Section scheduled to be repealed on January 1, 2022)
Sec. 13. Refusal, revocation or suspension of
registration. The Department may refuse to issue, renew, or
restore or may revoke, suspend, place on probation, reprimand
or take other disciplinary action as the Department may deem
proper, including fines not to exceed $5,000 for each
violation, with regard to any registration for any one or
combination of the following causes:
(a) Fraud in procuring the certificate of
registration.
(b) Habitual intoxication or addiction to the use of
drugs.
(c) Making any misrepresentations or false promises,
directly or indirectly, to influence, persuade, or induce
patronage.
(d) Professional connection or association with, or
lending his or her name, to another for illegal use of the

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title "registered interior designer", or professional
connection or association with any person, firm, or
corporation holding itself out in any manner contrary to
this Act.
(e) Obtaining or seeking to obtain checks, money, or
any other items of value by false or fraudulent
representations.
(f) Use of the title under a name other than his or her
own.
(g) Improper, unprofessional, or dishonorable conduct
of a character likely to deceive, defraud, or harm the
public.
(h) Conviction in this or another state, or federal
court, of any crime which is a felony, if the Department
determines, after investigation, that such person has not
been sufficiently rehabilitated to warrant the public
trust.
(i) A violation of any provision of this Act or its
rules.
(j) Revocation by another state, the District of
Columbia, territory, or foreign nation of an interior
design or residential interior design registration if at
least one of the grounds for that revocation is the same as
or the equivalent of one of the grounds for revocation set
forth in this Act.
(k) Mental incompetence as declared by a court of

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competent jurisdiction.
(l) Being named as a perpetrator in an indicated report
by the Department of Children and Family Services pursuant
to the Abused and Neglected Child Reporting Act, and upon
proof by clear and convincing evidence that the registrant
has caused a child to be an abused child or neglected child
as defined in the Abused and Neglected Child Reporting Act.
The Department shall deny a registration or renewal
authorized by this Act to any person who has defaulted on an
educational loan guaranteed by the Illinois Student Assistance
Commission; however, the Department may issue a certificate of
registration or renewal if such person has established a
satisfactory repayment record as determined by the Illinois
Student Assistance Commission.
The Department may refuse to issue or may suspend the
registration of any person who fails to file a return, or to
pay the tax, penalty, or interest showing in a filed return, or
to pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Illinois Department
of Revenue, until such time as the requirements of any such tax
Act are satisfied.
The entry of a decree by any circuit court establishing
that any person holding a certificate of registration under
this Act is a person subject to involuntary admission under the
Mental Health and Developmental Disabilities Code shall
operate as a suspension of that registration. That person may

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resume using the title "registered interior designer" only upon
a finding by the Board that he or she has been determined to be
no longer subject to involuntary admission by the court and
upon the Board's recommendation to the Director that he or she
be permitted to resume using the title "registered interior
designer".
(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
Section 810. The Professional Engineering Practice Act of
1989 is amended by changing Section 24 as follows:
(225 ILCS 325/24) (from Ch. 111, par. 5224)
(Section scheduled to be repealed on January 1, 2020)
Sec. 24. Rules of professional conduct; disciplinary or
administrative action.
(a) The Department shall adopt rules setting standards of
professional conduct and establish appropriate penalties for
the breach of such rules.
(a-1) The Department may, singularly or in combination,
refuse to issue, renew, or restore a license or may revoke,
suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action with regard to a person
licensed under this Act, including but not limited to, the
imposition of a fine not to exceed $10,000 per violation upon
any person, corporation, partnership, or professional design
firm licensed or registered under this Act, for any one or

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combination of the following causes:
(1) Material misstatement in furnishing information to
the Department.
(2) Violations of this Act or any of its rules.
(3) Conviction of or entry of a plea of guilty or nolo
contendere to any crime that is a felony under the laws of
the United States or any state or territory thereof, or
that is a misdemeanor, an essential element of which is
dishonesty, or any crime that is directly related to the
practice of engineering.
(4) Making any misrepresentation for the purpose of
obtaining, renewing, or restoring a license or violating
any provision of this Act or the rules promulgated under
this Act pertaining to advertising.
(5) Willfully making or signing a false statement,
certificate, or affidavit to induce payment.
(6) Negligence, incompetence or misconduct in the
practice of professional engineering as a licensed
professional engineer or in working as an engineer intern.
(7) Aiding or assisting another person in violating any
provision of this Act or its rules.
(8) Failing to provide information in response to a
written request made by the Department within 30 days after
receipt of such written request.
(9) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,

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defraud or harm the public.
(10) Inability to practice the profession with
reasonable judgment, skill, or safety as a result of a
physical illness, including, but not limited to,
deterioration through the aging process or loss of motor
skill, or mental illness or disability.
(11) Discipline by the United States Government,
another state, District of Columbia, territory, foreign
nation or government agency, if at least one of the grounds
for the discipline is the same or substantially equivalent
to those set forth in this Act.
(12) Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership or association
any fee, commission, rebate or other form of compensation
for any professional services not actually or personally
rendered.
(13) A finding by the Department that an applicant or
registrant has failed to pay a fine imposed by the
Department, a registrant whose license has been placed on
probationary status has violated the terms of probation, or
a registrant has practiced on an expired, inactive,
suspended, or revoked license.
(14) Signing, affixing the professional engineer's
seal or permitting the professional engineer's seal to be
affixed to any technical submissions not prepared as
required by Section 14 or completely reviewed by the

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professional engineer or under the professional engineer's
direct supervision.
(15) Inability to practice the profession with
reasonable judgment, skill or safety as a result of
habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug.
(16) The making of a statement pursuant to the
Environmental Barriers Act that a plan for construction or
alteration of a public facility or for construction of a
multi-story housing unit is in compliance with the
Environmental Barriers Act when such plan is not in
compliance.
(17) (Blank).
(a-2) The Department shall deny a license or renewal
authorized by this Act to a person who has failed to file a
return, to pay the tax, penalty, or interest shown in a filed
return, or to pay any final assessment of tax, penalty, or
interest as required by any tax Act administered by the
Department of Revenue, until such time as the requirements of
the tax Act are satisfied in accordance with subsection (g) of
Section 2105-15 of the Department of Professional Regulation
Law of the Civil Administrative Code of Illinois (20 ILCS
2105/2105-15).
(a-3) (Blank). The Department shall deny a license or
renewal authorized by this Act to a person who has defaulted on
an educational loan or scholarship provided or guaranteed by

SB2439 Engrossed - 164 - LRB100 18051 XWW 33240 b
the Illinois Student Assistance Commission or any governmental
agency of this State in accordance with subdivision (a)(5) of
Section 2105-15 of the Department of Professional Regulation
Law of the Civil Administrative Code of Illinois (20 ILCS
2105/2105-15).
(a-4) In cases where the Department of Healthcare and
Family Services (formerly the Department of Public Aid) has
previously determined that a licensee or a potential licensee
is more than 30 days delinquent in the payment of child support
and has subsequently certified the delinquency to the
Department, the Department shall refuse to issue or renew or
shall revoke or suspend that person's license or shall take
other disciplinary action against that person based solely upon
the certification of delinquency made by the Department of
Healthcare and Family Services in accordance with subdivision
(a)(5) of Section 2105-15 of the Department of Professional
Regulation Law of the Civil Administrative Code of Illinois (20
ILCS 2105/2105-15).
(a-5) In enforcing this Section, the Department or Board,
upon a showing of a possible violation, may order a licensee or
applicant to submit to a mental or physical examination, or
both, at the expense of the Department. The Department or Board
may order the examining physician to present testimony
concerning his or her examination of the licensee or applicant.
No information shall be excluded by reason of any common law or
statutory privilege relating to communications between the

SB2439 Engrossed - 165 - LRB100 18051 XWW 33240 b
licensee or applicant and the examining physician. The
examining physicians shall be specifically designated by the
Board or Department. The licensee or applicant may have, at his
or her own expense, another physician of his or her choice
present during all aspects of the examination. Failure of a
licensee or applicant to submit to any such examination when
directed, without reasonable cause as defined by rule, shall be
grounds for either the immediate suspension of his or her
license or immediate denial of his or her application.
If the Secretary immediately suspends the license of a
licensee for his or her failure to submit to a mental or
physical examination when directed, a hearing must be convened
by the Department within 15 days after the suspension and
completed without appreciable delay.
If the Secretary otherwise suspends a license pursuant to
the results of the licensee's mental or physical examination, a
hearing must be convened by the Department within 15 days after
the suspension and completed without appreciable delay. The
Department and Board shall have the authority to review the
licensee's record of treatment and counseling regarding the
relevant impairment or impairments to the extent permitted by
applicable federal statutes and regulations safeguarding the
confidentiality of medical records.
Any licensee suspended under this subsection (a-5) shall be
afforded an opportunity to demonstrate to the Department or
Board that he or she can resume practice in compliance with the

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acceptable and prevailing standards under the provisions of his
or her license.
(b) The determination by a circuit court that a registrant
is subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code, as now or hereafter amended, operates as an automatic
suspension. Such suspension will end only upon a finding by a
court that the patient is no longer subject to involuntary
admission or judicial admission, the issuance of an order so
finding and discharging the patient, and the recommendation of
the Board to the Director that the registrant be allowed to
resume practice.
(Source: P.A. 98-756, eff. 7-16-14.)
Section 815. The Illinois Professional Land Surveyor Act of
1989 is amended by changing Section 27 as follows:
(225 ILCS 330/27) (from Ch. 111, par. 3277)
(Section scheduled to be repealed on January 1, 2020)
Sec. 27. Grounds for disciplinary action.
(a) The Department may refuse to issue or renew a license,
or may place on probation or administrative supervision,
suspend, or revoke any license, or may reprimand or take any
disciplinary or non-disciplinary action as the Department may
deem proper, including the imposition of fines not to exceed
$10,000 per violation, upon any person, corporation,

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partnership, or professional land surveying firm licensed or
registered under this Act for any of the following reasons:
(1) material misstatement in furnishing information to
the Department;
(2) violation, including, but not limited to, neglect
or intentional disregard, of this Act, or its rules;
(3) conviction of, or entry of a plea of guilty or nolo
contendere to, any crime that is a felony under the laws of
the United States or any state or territory thereof or that
is a misdemeanor of which an essential element is
dishonesty, or any crime that is directly related to the
practice of the profession;
(4) making any misrepresentation for the purpose of
obtaining a license, or in applying for restoration or
renewal, or the practice of any fraud or deceit in taking
any examination to qualify for licensure under this Act;
(5) purposefully making false statements or signing
false statements, certificates, or affidavits to induce
payment;
(6) proof of carelessness, incompetence, negligence,
or misconduct in practicing land surveying;
(7) aiding or assisting another person in violating any
provision of this Act or its rules;
(8) failing to provide information in response to a
written request made by the Department within 30 days after
receipt of such written request;

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(9) engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public;
(10) inability to practice with reasonable judgment,
skill, or safety as a result of habitual or excessive use
of, or addiction to, alcohol, narcotics, stimulants or any
other chemical agent or drug;
(11) discipline by the United States government,
another state, District of Columbia, territory, foreign
nation or government agency if at least one of the grounds
for the discipline is the same or substantially equivalent
to those set forth in this Act;
(12) directly or indirectly giving to or receiving from
any person, firm, corporation, partnership, or association
any fee, commission, rebate, or other form of compensation
for any professional services not actually or personally
rendered;
(12.5) issuing a map or plat of survey where the fee
for professional services is contingent on a real estate
transaction closing;
(13) a finding by the Department that an applicant or
licensee has failed to pay a fine imposed by the Department
or a licensee whose license has been placed on probationary
status has violated the terms of probation;
(14) practicing on an expired, inactive, suspended, or
revoked license;

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(15) signing, affixing the Professional Land
Surveyor's seal or permitting the Professional Land
Surveyor's seal to be affixed to any map or plat of survey
not prepared by the Professional Land Surveyor or under the
Professional Land Surveyor's direct supervision and
control;
(16) inability to practice the profession with
reasonable judgment, skill, or safety as a result of
physical illness, including, but not limited to,
deterioration through the aging process or loss of motor
skill or a mental illness or disability;
(17) (blank); or
(18) failure to adequately supervise or control land
surveying operations being performed by subordinates.
(a-5) In enforcing this Section, the Department or Board,
upon a showing of a possible violation, may compel a person
licensed to practice under this Act, or who has applied for
licensure or certification pursuant to this Act, to submit to a
mental or physical examination, or both, as required by and at
the expense of the Department. The Department or Board may
order the examining physician to present testimony concerning
the mental or physical examination of the licensee or
applicant. No information shall be excluded by reason of any
common law or statutory privilege relating to communications
between the licensee or applicant and the examining physician.
The examining physicians shall be specifically designated by

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the Board or Department. The individual to be examined may
have, at his or her own expense, another physician of his or
her choice present during all aspects of the examination.
Failure of an individual to submit to a mental or physical
examination when directed shall be grounds for the immediate
suspension of his or her license until the individual submits
to the examination if the Department finds that the refusal to
submit to the examination was without reasonable cause as
defined by rule.
If the Secretary immediately suspends the license of a
licensee for his or her failure to submit to a mental or
physical examination when directed, a hearing must be convened
by the Department within 15 days after the suspension and
completed without appreciable delay.
If the Secretary otherwise suspends a person's license
pursuant to the results of a compelled mental or physical
examination, a hearing on that person's license must be
convened by the Department within 15 days after the suspension
and completed without appreciable delay. The Department and
Board shall have the authority to review the subject
individual's record of treatment and counseling regarding
impairment to the extent permitted by applicable federal
statutes and regulations safeguarding the confidentiality of
medical records.
Any licensee suspended under this subsection (a-5) shall be
afforded an opportunity to demonstrate to the Department or

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Board that he or she can resume practice in compliance with the
acceptable and prevailing standards under the provisions of his
or her license.
(b) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code, as now or hereafter amended, operates as an automatic
license suspension. Such suspension will end only upon a
finding by a court that the patient is no longer subject to
involuntary admission or judicial admission and the issuance of
an order so finding and discharging the patient and upon the
recommendation of the Board to the Director that the licensee
be allowed to resume his or her practice.
(c) (Blank). The Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with subdivision (a)(5) of
Section 2105-15 of the Department of Professional Regulation
Law of the Civil Administrative Code of Illinois (20 ILCS
2105/2105-15).
(d) In cases where the Department of Healthcare and Family
Services (formerly the Department of Public Aid) has previously
determined that a licensee or a potential licensee is more than
30 days delinquent in the payment of child support and has
subsequently certified the delinquency to the Department, the

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Department shall refuse to issue or renew or shall revoke or
suspend that person's license or shall take other disciplinary
action against that person based solely upon the certification
of delinquency made by the Department of Healthcare and Family
Services in accordance with subdivision (a)(5) of Section
2105-15 of the Department of Professional Regulation Law of the
Civil Administrative Code of Illinois (20 ILCS 2105/2105-15).
(e) The Department shall refuse to issue or renew or shall
revoke or suspend a person's license or shall take other
disciplinary action against that person for his or her failure
to file a return, to pay the tax, penalty, or interest shown in
a filed return, or to pay any final assessment of tax, penalty,
or interest as required by any tax Act administered by the
Department of Revenue, until such time as the requirements of
the tax Act are satisfied in accordance with subsection (g) of
Section 2105-15 of the Department of Professional Regulation
Law of the Civil Administrative Code of Illinois (20 ILCS
2105/2105-15).
(Source: P.A. 98-756, eff. 7-16-14.)
Section 820. The Illinois Roofing Industry Licensing Act is
amended by changing Section 9.1 as follows:
(225 ILCS 335/9.1) (from Ch. 111, par. 7509.1)
(Section scheduled to be repealed on January 1, 2026)
Sec. 9.1. Grounds for disciplinary action.

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(1) The Department may refuse to issue or to renew, or may
revoke, suspend, place on probation, reprimand or take other
disciplinary or non-disciplinary action as the Department may
deem proper, including fines not to exceed $10,000 for each
violation, with regard to any license for any one or
combination of the following:
(a) violation of this Act or its rules;
(b) for licensees, conviction or plea of guilty or nolo
contendere, finding of guilt, jury verdict, or entry of
judgment or sentencing of any crime, including, but not
limited to, convictions, preceding sentences of
supervision, conditional discharge, or first offender
probation, under the laws of any jurisdiction of the United
States that is (i) a felony or (ii) a misdemeanor, an
essential element of which is dishonesty or that is
directly related to the practice of the profession and, for
initial applicants, convictions set forth in Section 7.1 of
this Act;
(c) fraud or any misrepresentation in applying for or
procuring a license under this Act, or in connection with
applying for renewal of a license under this Act;
(d) professional incompetence or gross negligence in
the practice of roofing contracting, prima facie evidence
of which may be a conviction or judgment in any court of
competent jurisdiction against an applicant or licensee
relating to the practice of roofing contracting or the

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construction of a roof or repair thereof that results in
leakage within 90 days after the completion of such work;
(e) (blank);
(f) aiding or assisting another person in violating any
provision of this Act or rules;
(g) failing, within 60 days, to provide information in
response to a written request made by the Department;
(h) engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public;
(i) habitual or excessive use or abuse of controlled
substances, as defined by the Illinois Controlled
Substances Act, alcohol, or any other substance that
results in the inability to practice with reasonable
judgment, skill, or safety;
(j) discipline by another state, unit of government, or
government agency, the District of Columbia, a territory,
or a foreign nation, if at least one of the grounds for the
discipline is the same or substantially equivalent to those
set forth in this Section;
(k) directly or indirectly giving to or receiving from
any person, firm, corporation, partnership, or association
any fee, commission, rebate, or other form of compensation
for any professional services not actually or personally
rendered;
(l) a finding by the Department that the licensee,

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after having his or her license disciplined, has violated
the terms of the discipline;
(m) a finding by any court of competent jurisdiction,
either within or without this State, of any violation of
any law governing the practice of roofing contracting, if
the Department determines, after investigation, that such
person has not been sufficiently rehabilitated to warrant
the public trust;
(n) willfully making or filing false records or reports
in the practice of roofing contracting, including, but not
limited to, false records filed with the State agencies or
departments;
(o) practicing, attempting to practice, or advertising
under a name other than the full name as shown on the
license or any other legally authorized name;
(p) gross and willful overcharging for professional
services including filing false statements for collection
of fees or monies for which services are not rendered;
(q) (blank);
(r) (blank);
(s) failure to continue to meet the requirements of
this Act shall be deemed a violation;
(t) physical or mental disability, including
deterioration through the aging process or loss of
abilities and skills that result in an inability to
practice the profession with reasonable judgment, skill,

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or safety;
(u) material misstatement in furnishing information to
the Department or to any other State agency;
(v) (blank);
(w) advertising in any manner that is false,
misleading, or deceptive;
(x) taking undue advantage of a customer, which results
in the perpetration of a fraud;
(y) performing any act or practice that is a violation
of the Consumer Fraud and Deceptive Business Practices Act;
(z) engaging in the practice of roofing contracting, as
defined in this Act, with a suspended, revoked, or
cancelled license;
(aa) treating any person differently to the person's
detriment because of race, color, creed, gender, age,
religion, or national origin;
(bb) knowingly making any false statement, oral,
written, or otherwise, of a character likely to influence,
persuade, or induce others in the course of obtaining or
performing roofing contracting services;
(cc) violation of any final administrative action of
the Secretary;
(dd) allowing the use of his or her roofing license by
an unlicensed roofing contractor for the purposes of
providing roofing or waterproofing services; or
(ee) (blank);

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(ff) cheating or attempting to subvert a licensing
examination administered under this Act; or
(gg) use of a license to permit or enable an unlicensed
person to provide roofing contractor services.
(2) The determination by a circuit court that a license
holder is subject to involuntary admission or judicial
admission, as provided in the Mental Health and Developmental
Disabilities Code, operates as an automatic suspension. Such
suspension will end only upon a finding by a court that the
patient is no longer subject to involuntary admission or
judicial admission, an order by the court so finding and
discharging the patient, and the recommendation of the Board to
the Director that the license holder be allowed to resume his
or her practice.
(3) The Department may refuse to issue or take disciplinary
action concerning the license of any person who fails to file a
return, to pay the tax, penalty, or interest shown in a filed
return, or to pay any final assessment of tax, penalty, or
interest as required by any tax Act administered by the
Department of Revenue, until such time as the requirements of
any such tax Act are satisfied as determined by the Department
of Revenue.
(4) In enforcing this Section, the Department, upon a
showing of a possible violation, may compel any individual who
is licensed under this Act or any individual who has applied
for licensure to submit to a mental or physical examination or

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evaluation, or both, which may include a substance abuse or
sexual offender evaluation, at the expense of the Department.
The Department shall specifically designate the examining
physician licensed to practice medicine in all of its branches
or, if applicable, the multidisciplinary team involved in
providing the mental or physical examination and evaluation.
The multidisciplinary team shall be led by a physician licensed
to practice medicine in all of its branches and may consist of
one or more or a combination of physicians licensed to practice
medicine in all of its branches, licensed chiropractic
physicians, licensed clinical psychologists, licensed clinical
social workers, licensed clinical professional counselors, and
other professional and administrative staff. Any examining
physician or member of the multidisciplinary team may require
any person ordered to submit to an examination and evaluation
pursuant to this Section to submit to any additional
supplemental testing deemed necessary to complete any
examination or evaluation process, including, but not limited
to, blood testing, urinalysis, psychological testing, or
neuropsychological testing.
(5) The Department may order the examining physician or any
member of the multidisciplinary team to provide to the
Department any and all records, including business records,
that relate to the examination and evaluation, including any
supplemental testing performed. The Department may order the
examining physician or any member of the multidisciplinary team

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to present testimony concerning this examination and
evaluation of the licensee or applicant, including testimony
concerning any supplemental testing or documents relating to
the examination and evaluation. No information, report,
record, or other documents in any way related to the
examination and evaluation shall be excluded by reason of any
common law or statutory privilege relating to communication
between the licensee or applicant and the examining physician
or any member of the multidisciplinary team. No authorization
is necessary from the licensee or applicant ordered to undergo
an evaluation and examination for the examining physician or
any member of the multidisciplinary team to provide
information, reports, records, or other documents or to provide
any testimony regarding the examination and evaluation. The
individual to be examined may have, at his or her own expense,
another physician of his or her choice present during all
aspects of the examination.
(6) Failure of any individual to submit to mental or
physical examination or evaluation, or both, when directed,
shall result in an automatic suspension without hearing until
such time as the individual submits to the examination. If the
Department finds a licensee unable to practice because of the
reasons set forth in this Section, the Department shall require
the licensee to submit to care, counseling, or treatment by
physicians approved or designated by the Department as a
condition for continued, reinstated, or renewed licensure.

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(7) When the Secretary immediately suspends a license under
this Section, a hearing upon such person's license must be
convened by the Department within 15 days after the suspension
and completed without appreciable delay. The Department shall
have the authority to review the licensee's record of treatment
and counseling regarding the impairment to the extent permitted
by applicable federal statutes and regulations safeguarding
the confidentiality of medical records.
(8) Licensees affected under this Section shall be afforded
an opportunity to demonstrate to the Department that they can
resume practice in compliance with acceptable and prevailing
standards under the provisions of their license.
(9) (Blank). The Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with paragraph (5) of
subsection (a) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois.
(10) In cases where the Department of Healthcare and Family
Services has previously determined a licensee or a potential
licensee is more than 30 days delinquent in the payment of
child support and has subsequently certified the delinquency to
the Department, the Department may refuse to issue or renew or
may revoke or suspend that person's license or may take other

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disciplinary action against that person based solely upon the
certification of delinquency made by the Department of
Healthcare and Family Services in accordance with paragraph (5)
of subsection (a) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois.
The changes to this Act made by this amendatory Act of 1997
apply only to disciplinary actions relating to events occurring
after the effective date of this amendatory Act of 1997.
(Source: P.A. 99-469, eff. 8-26-15; 99-876, eff. 1-1-17.)
Section 825. The Structural Engineering Practice Act of
1989 is amended by changing Section 20 as follows:
(225 ILCS 340/20) (from Ch. 111, par. 6620)
(Section scheduled to be repealed on January 1, 2020)
Sec. 20. Refusal; revocation; suspension.
(a) The Department may refuse to issue or renew, or may
revoke a license, or may suspend, place on probation, fine, or
take any disciplinary or non-disciplinary action as the
Department may deem proper, including a fine not to exceed
$10,000 for each violation, with regard to any licensee for any
one or combination of the following reasons:
(1) Material misstatement in furnishing information to
the Department;
(2) Negligence, incompetence or misconduct in the

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practice of structural engineering;
(3) Making any misrepresentation for the purpose of
obtaining licensure;
(4) The affixing of a licensed structural engineer's
seal to any plans, specifications or drawings which have
not been prepared by or under the immediate personal
supervision of that licensed structural engineer or
reviewed as provided in this Act;
(5) Conviction of, or entry of a plea of guilty or nolo
contendere to, any crime that is a felony under the laws of
the United States or of any state or territory thereof, or
that is a misdemeanor an essential element of which is
dishonesty, or any crime that is directly related to the
practice of the profession;
(6) Making a statement of compliance pursuant to the
Environmental Barriers Act, as now or hereafter amended,
that a plan for construction or alteration of a public
facility or for construction of a multi-story housing unit
is in compliance with the Environmental Barriers Act when
such plan is not in compliance;
(7) Failure to comply with any of the provisions of
this Act or its rules;
(8) Aiding or assisting another person in violating any
provision of this Act or its rules;
(9) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,

SB2439 Engrossed - 183 - LRB100 18051 XWW 33240 b
defraud or harm the public, as defined by rule;
(10) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that results in the inability to practice with reasonable
judgment, skill, or safety;
(11) Failure of an applicant or licensee to pay a fine
imposed by the Department or a licensee whose license has
been placed on probationary status has violated the terms
of probation;
(12) Discipline by another state, territory, foreign
country, the District of Columbia, the United States
government, or any other governmental agency, if at least
one of the grounds for discipline is the same or
substantially equivalent to those set forth in this
Section;
(13) Failure to provide information in response to a
written request made by the Department within 30 days after
the receipt of such written request; or
(14) Physical illness, including but not limited to,
deterioration through the aging process or loss of motor
skill, mental illness, or disability which results in the
inability to practice the profession of structural
engineering with reasonable judgment, skill, or safety.
(a-5) In enforcing this Section, the Department or Board,
upon a showing of a possible violation, may order a licensee or
applicant to submit to a mental or physical examination, or

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both, at the expense of the Department. The Department or Board
may order the examining physician to present testimony
concerning his or her examination of the licensee or applicant.
No information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physicians shall be specifically designated by the
Board or Department. The licensee or applicant may have, at his
or her own expense, another physician of his or her choice
present during all aspects of the examination. Failure of a
licensee or applicant to submit to any such examination when
directed, without reasonable cause as defined by rule, shall be
grounds for either the immediate suspension of his or her
license or immediate denial of his or her application.
If the Secretary immediately suspends the license of a
licensee for his or her failure to submit to a mental or
physical examination when directed, a hearing must be convened
by the Department within 15 days after the suspension and
completed without appreciable delay.
If the Secretary otherwise suspends a license pursuant to
the results of the licensee's mental or physical examination, a
hearing must be convened by the Department within 15 days after
the suspension and completed without appreciable delay. The
Department and Board shall have the authority to review the
licensee's record of treatment and counseling regarding the
relevant impairment or impairments to the extent permitted by

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applicable federal statutes and regulations safeguarding the
confidentiality of medical records.
Any licensee suspended under this subsection (a-5) shall be
afforded an opportunity to demonstrate to the Department or
Board that he or she can resume practice in compliance with the
acceptable and prevailing standards under the provisions of his
or her license.
(b) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission, as
provided in the Mental Health and Developmental Disabilities
Code, operates as an automatic suspension. Such suspension will
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission,
the issuance of an order so finding and discharging the
patient, and the recommendation of the Board to the Secretary
that the licensee be allowed to resume practice.
(c) (Blank). The Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with subdivision (a)(5) of
Section 2105-15 of the Department of Professional Regulation
Law of the Civil Administrative Code of Illinois.
(d) In cases where the Department of Healthcare and Family
Services (formerly the Department of Public Aid) has previously
determined that a licensee or a potential licensee is more than

SB2439 Engrossed - 186 - LRB100 18051 XWW 33240 b
30 days delinquent in the payment of child support and has
subsequently certified the delinquency to the Department, the
Department shall refuse to issue or renew or shall revoke or
suspend that person's license or shall take other disciplinary
action against that person based solely upon the certification
of delinquency made by the Department of Healthcare and Family
Services in accordance with subdivision (a)(5) of Section
2105-15 of the Department of Professional Regulation Law of the
Civil Administrative Code of Illinois.
(e) The Department shall deny a license or renewal
authorized by this Act to a person who has failed to file a
return, to pay the tax, penalty, or interest shown in a filed
return, or to pay any final assessment of tax, penalty, or
interest as required by any tax Act administered by the
Department of Revenue, until such time as the requirements of
the tax Act are satisfied in accordance with subsection (g) of
Section 2105-15 of the Department of Professional Regulation
Law of the Civil Administrative Code of Illinois.
(f) Persons who assist the Department as consultants or
expert witnesses in the investigation or prosecution of alleged
violations of the Act, licensure matters, restoration
proceedings, or criminal prosecutions, are not liable for
damages in any civil action or proceeding as a result of such
assistance, except upon proof of actual malice. The Attorney
General of the State of Illinois shall defend such persons in
any such action or proceeding.

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(Source: P.A. 98-756, eff. 7-16-14.)
Section 830. The Auction License Act is amended by changing
Section 20-20 as follows:
(225 ILCS 407/20-20)
(Section scheduled to be repealed on January 1, 2020)
Sec. 20-20. Termination without hearing for failure to pay
taxes or , child support, or a student loan. The Department may
terminate or otherwise discipline any license issued under this
Act without hearing if the appropriate administering agency
provides adequate information and proof that the licensee has:
(1) failed to file a return, to pay the tax, penalty,
or interest shown in a filed return, or to pay any final
assessment of tax, penalty, or interest, as required by any
tax act administered by the Illinois Department of Revenue
until the requirements of the tax act are satisfied;
(2) failed to pay any court ordered child support as
determined by a court order or by referral from the
Department of Healthcare and Family Services (formerly
Illinois Department of Public Aid); or
(3) (blank). failed to repay any student loan or
assistance as determined by the Illinois Student
Assistance Commission.
If a license is terminated or otherwise disciplined
pursuant to this Section, the licensee may request a hearing as

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provided by this Act within 30 days of notice of termination or
discipline.
(Source: P.A. 95-331, eff. 8-21-07; 95-572, eff. 6-1-08.)
Section 835. The Barber, Cosmetology, Esthetics, Hair
Braiding, and Nail Technology Act of 1985 is amended by
changing Section 4-7 as follows:
(225 ILCS 410/4-7) (from Ch. 111, par. 1704-7)
(Section scheduled to be repealed on January 1, 2026)
Sec. 4-7. Refusal, suspension and revocation of licenses;
causes; disciplinary action.
(1) The Department may refuse to issue or renew, and may
suspend, revoke, place on probation, reprimand or take any
other disciplinary or non-disciplinary action as the
Department may deem proper, including civil penalties not to
exceed $500 for each violation, with regard to any license for
any one, or any combination, of the following causes:
a. For licensees, conviction of any crime under the
laws of the United States or any state or territory thereof
that is (i) a felony, (ii) a misdemeanor, an essential
element of which is dishonesty, or (iii) a crime which is
related to the practice of the profession and, for initial
applicants, convictions set forth in Section 4-6.1 of this
Act.
b. Conviction of any of the violations listed in

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Section 4-20.
c. Material misstatement in furnishing information to
the Department.
d. Making any misrepresentation for the purpose of
obtaining a license or violating any provision of this Act
or its rules.
e. Aiding or assisting another person in violating any
provision of this Act or its rules.
f. Failing, within 60 days, to provide information in
response to a written request made by the Department.
g. Discipline by another state, territory, or country
if at least one of the grounds for the discipline is the
same as or substantially equivalent to those set forth in
this Act.
h. Practice in the barber, nail technology, esthetics,
hair braiding, or cosmetology profession, or an attempt to
practice in those professions, by fraudulent
misrepresentation.
i. Gross malpractice or gross incompetency.
j. Continued practice by a person knowingly having an
infectious or contagious disease.
k. Solicitation of professional services by using
false or misleading advertising.
l. A finding by the Department that the licensee, after
having his or her license placed on probationary status,
has violated the terms of probation.

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m. Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership or association
any fee, commission, rebate, or other form of compensation
for any professional services not actually or personally
rendered.
n. Violating any of the provisions of this Act or rules
adopted pursuant to this Act.
o. Willfully making or filing false records or reports
relating to a licensee's practice, including but not
limited to, false records filed with State agencies or
departments.
p. Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that results in the inability to practice with reasonable
judgment, skill or safety.
q. Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public as may be defined by rules of
the Department, or violating the rules of professional
conduct which may be adopted by the Department.
r. Permitting any person to use for any unlawful or
fraudulent purpose one's diploma or license or certificate
of registration as a cosmetologist, nail technician,
esthetician, hair braider, or barber or cosmetology, nail
technology, esthetics, hair braiding, or barber teacher or
salon or shop or cosmetology clinic teacher.

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s. Being named as a perpetrator in an indicated report
by the Department of Children and Family Services under the
Abused and Neglected Child Reporting Act and upon proof by
clear and convincing evidence that the licensee has caused
a child to be an abused child or neglected child as defined
in the Abused and Neglected Child Reporting Act.
t. Operating a salon or shop without a valid
registration.
u. Failure to complete required continuing education
hours.
(2) In rendering an order, the Secretary shall take into
consideration the facts and circumstances involving the type of
acts or omissions in paragraph (1) of this Section including,
but not limited to:
(a) the extent to which public confidence in the
cosmetology, nail technology, esthetics, hair braiding, or
barbering profession was, might have been, or may be,
injured;
(b) the degree of trust and dependence among the
involved parties;
(c) the character and degree of harm which did result
or might have resulted;
(d) the intent or mental state of the licensee at the
time of the acts or omissions.
(3) The Department may reissue the license or registration
upon certification by the Board that the disciplined licensee

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or registrant has complied with all of the terms and conditions
set forth in the final order or has been sufficiently
rehabilitated to warrant the public trust.
(4) The Department shall refuse to issue or renew or
suspend without hearing the license or certificate of
registration of any person who fails to file a return, or to
pay the tax, penalty or interest shown in a filed return, or to
pay any final assessment of tax, penalty or interest, as
required by any tax Act administered by the Illinois Department
of Revenue, until such time as the requirements of any such tax
Act are satisfied as determined by the Department of Revenue.
(5) (Blank). The Department shall deny without hearing any
application for a license or renewal of a license under this
Act by a person who has defaulted on an educational loan
guaranteed by the Illinois Student Assistance Commission;
however, the Department may issue or renew a license if the
person in default has established a satisfactory repayment
record as determined by the Illinois Student Assistance
Commission.
(6) All fines imposed under this Section shall be paid
within 60 days after the effective date of the order imposing
the fine or in accordance with the terms set forth in the order
imposing the fine.
(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15;
99-876, eff. 1-1-17.)

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Section 840. The Electrologist Licensing Act is amended by
changing Section 75 as follows:
(225 ILCS 412/75)
(Section scheduled to be repealed on January 1, 2024)
Sec. 75. Grounds for discipline.
(a) The Department may refuse to issue or renew and may
revoke or suspend a license under this Act, and may place on
probation, reprimand, or take other disciplinary or
non-disciplinary action with regard to any licensee under this
Act, as the Department may consider appropriate, including
imposing fines not to exceed $10,000 for each violation and
assess costs as provided for under Section 95 of this Act, for
one or any combination of the following causes:
(1) Material misstatement in furnishing information to
the Department.
(2) Violation of this Act or rules adopted under this
Act.
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or
sentencing, including, but not limited to, convictions,
preceding sentences of supervision, conditional discharge,
or first offender probation, under the laws of any
jurisdiction of the United States that is (i) a felony or
(ii) a misdemeanor, an essential element of which is
dishonesty, or that is directly related to the practice of

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electrology.
(4) Fraud or misrepresentation in applying for or
procuring a license under this Act, or in connection with
applying for renewal of a license under this Act.
(5) Aiding or assisting another person in violating any
provision of this Act or its rules.
(6) Failing to provide information within 60 days in
response to a written request made by the Department.
(7) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(8) Habitual or excessive use or abuse of drugs defined
in law as controlled substances, alcohol, or any other
substance that results in an electrologist's inability to
practice with reasonable judgment, skill, or safety.
(9) Discipline by another governmental agency, unit of
government, U.S. jurisdiction, or foreign nation if at
least one of the grounds for discipline is the same as or
substantially equivalent to any of those set forth in this
Act.
(10) Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership, or association
any fee, commission, rebate, or other form of compensation
for any professional services not actually or personally
rendered. Nothing in this paragraph (10) affects any bona
fide independent contractor or employment arrangements

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among health care professionals, health facilities, health
care providers, or other entities, except as otherwise
prohibited by law. Any employment arrangements with health
care providers may include provisions for compensation,
health insurance, pension, or other employment benefits
for the provision of services within the scope of the
licensee's practice under this Act. Nothing in this
paragraph (10) shall be construed to require an employment
arrangement to receive professional fees for services
rendered.
(11) A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation.
(12) Abandonment of a patient.
(13) Willfully making or filing false records or
reports in the licensee's practice, including, but not
limited to, false records filed with State agencies or
departments.
(14) Mental or physical illness or disability,
including, but not limited to, deterioration through the
aging process or loss of motor skill that results in the
inability to practice the profession with reasonable
judgment, skill, or safety.
(15) Negligence in his or her practice under this Act.
(16) Use of fraud, deception, or any unlawful means in
applying for and securing a license as an electrologist.

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(17) Immoral conduct in the commission of any act, such
as sexual abuse, sexual misconduct, or sexual
exploitation, related to the licensee's practice.
(18) Failure to comply with standards of sterilization
and sanitation as defined in the rules of the Department.
(19) Charging for professional services not rendered,
including filing false statements for the collection of
fees for which services are not rendered.
(20) Allowing one's license under this Act to be used
by an unlicensed person in violation of this Act.
(b) The Department may refuse to issue or renew or may
suspend without hearing the license of any person who fails to
file a return, to pay the tax, penalty or interest shown in a
filed return, or to pay any final assessment of the tax,
penalty, or interest as required by any tax Act administered by
the Illinois Department of Revenue until the requirements of
the tax Act are satisfied in accordance with subsection (g) of
Section 2105-15 of the Department of Professional Regulation
Law of the Civil Administrative Code of Illinois.
(c) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. The suspension will
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission,
the issuance of an order so finding and discharging the

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patient, and the filing of a petition for restoration
demonstrating fitness to practice.
(d) In enforcing this Section, the Department, upon a
showing of a possible violation, may compel any individual who
is licensed to practice under this Act or any individual who
has applied for licensure to submit to a mental or physical
examination and evaluation, or both, that may include a
substance abuse or sexual offender evaluation, at the expense
of the Department. The Department shall specifically designate
the examining physician licensed to practice medicine in all of
its branches or, if applicable, the multidisciplinary team
involved in providing the mental or physical examination and
evaluation, or both. The multidisciplinary team shall be led by
a physician licensed to practice medicine in all of its
branches and may consist of one or more or a combination of
physicians licensed to practice medicine in all of its
branches, licensed chiropractic physicians, licensed clinical
psychologists, licensed clinical social workers, licensed
clinical professional counselors, and other professional and
administrative staff. Any examining physician or member of the
multidisciplinary team may require any person ordered to submit
to an examination and evaluation pursuant to this Section to
submit to any additional supplemental testing deemed necessary
to complete any examination or evaluation process, including,
but not limited to, blood testing, urinalysis, psychological
testing, or neuropsychological testing.

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The Department may order the examining physician or any
member of the multidisciplinary team to provide to the
Department any and all records, including business records,
that relate to the examination and evaluation, including any
supplemental testing performed. The Department may order the
examining physician or any member of the multidisciplinary team
to present testimony concerning this examination and
evaluation of the licensee, permit holder, or applicant,
including testimony concerning any supplemental testing or
documents relating to the examination and evaluation. No
information, report, record, or other documents in any way
related to the examination and evaluation shall be excluded by
reason of any common law or statutory privilege relating to
communication between the licensee or applicant and the
examining physician or any member of the multidisciplinary
team. No authorization is necessary from the licensee or
applicant ordered to undergo an evaluation and examination for
the examining physician or any member of the multidisciplinary
team to provide information, reports, records, or other
documents or to provide any testimony regarding the examination
and evaluation. The individual to be examined may have, at his
or her own expense, another physician of his or her choice
present during all aspects of the examination.
Failure of any individual to submit to mental or physical
examination and evaluation, or both, when directed, shall
result in an automatic suspension without hearing, until such

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time as the individual submits to the examination. If the
Department finds a licensee unable to practice because of the
reasons set forth in this Section, the Department shall require
the licensee to submit to care, counseling, or treatment by
physicians approved or designated by the Department as a
condition for continued, reinstated, or renewed licensure to
practice.
When the Secretary immediately suspends a license under
this Section, a hearing upon the person's license must be
convened by the Department within 15 days after the suspension
and completed without appreciable delay. The Department shall
have the authority to review the licensee's record of treatment
and counseling regarding the impairment to the extent permitted
by applicable federal statutes and regulations safeguarding
the confidentiality of medical records.
Individuals licensed under this Act affected under this
Section shall be afforded an opportunity to demonstrate to the
Department that they can resume practice in compliance with
acceptable and prevailing standards under the provisions of
their license.
(e) (Blank). The Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with item (5) of subsection
(a) of Section 2105-15 of the Department of Professional

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Regulation Law of the Civil Administrative Code of Illinois.
(f) In cases where the Department of Healthcare and Family
Services has previously determined a licensee or a potential
licensee is more than 30 days delinquent in the payment of
child support and has subsequently certified the delinquency to
the Department, the Department may refuse to issue or renew or
may revoke or suspend that person's license or may take other
disciplinary action against that person based solely upon the
certification of delinquency made by the Department of
Healthcare and Family Services in accordance with item (5) of
subsection (a) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois.
(g) All fines or costs imposed under this Section shall be
paid within 60 days after the effective date of the order
imposing the fine or costs or in accordance with the terms set
forth in the order imposing the fine.
(Source: P.A. 98-363, eff. 8-16-13.)
Section 845. The Illinois Certified Shorthand Reporters
Act of 1984 is amended by changing Section 23 as follows:
(225 ILCS 415/23) (from Ch. 111, par. 6223)
(Section scheduled to be repealed on January 1, 2024)
Sec. 23. Grounds for disciplinary action.
(a) The Department may refuse to issue or renew, or may

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revoke, suspend, place on probation, reprimand or take other
disciplinary or non-disciplinary action as the Department may
deem appropriate, including imposing fines not to exceed
$10,000 for each violation and the assessment of costs as
provided for in Section 23.3 of this Act, with regard to any
license for any one or combination of the following:
(1) Material misstatement in furnishing information to
the Department;
(2) Violations of this Act, or of the rules promulgated
thereunder;
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation under
the laws of any jurisdiction of the United States: (i) that
is a felony or (ii) that is a misdemeanor, an essential
element of which is dishonesty, or that is directly related
to the practice of the profession;
(4) Fraud or any misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal of a license under this Act;
(5) Professional incompetence;
(6) Aiding or assisting another person, firm,
partnership or corporation in violating any provision of
this Act or rules;

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(7) Failing, within 60 days, to provide information in
response to a written request made by the Department;
(8) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public;
(9) Habitual or excessive use or abuse of drugs defined
in law as controlled substances, alcohol, or any other
substances that results in the inability to practice with
reasonable judgment, skill, or safety;
(10) Discipline by another state, unit of government,
government agency, the District of Columbia, a territory,
or foreign nation, if at least one of the grounds for the
discipline is the same or substantially equivalent to those
set forth herein;
(11) Charging for professional services not rendered,
including filing false statements for the collection of
fees for which services were not rendered, or giving,
directly or indirectly, any gift or anything of value to
attorneys or their staff or any other persons or entities
associated with any litigation, that exceeds $100 total per
year; for the purposes of this Section, pro bono services,
as defined by State law, are permissible in any amount;
(12) A finding by the Board that the certificate
holder, after having his certificate placed on
probationary status, has violated the terms of probation;
(13) Willfully making or filing false records or

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reports in the practice of shorthand reporting, including
but not limited to false records filed with State agencies
or departments;
(14) Physical illness, including but not limited to,
deterioration through the aging process, or loss of motor
skill which results in the inability to practice under this
Act with reasonable judgment, skill or safety;
(15) Solicitation of professional services other than
by permitted advertising;
(16) Willful failure to take full and accurate
stenographic notes of any proceeding;
(17) Willful alteration of any stenographic notes
taken at any proceeding;
(18) Willful failure to accurately transcribe verbatim
any stenographic notes taken at any proceeding;
(19) Willful alteration of a transcript of
stenographic notes taken at any proceeding;
(20) Affixing one's signature to any transcript of his
stenographic notes or certifying to its correctness unless
the transcript has been prepared by him or under his
immediate supervision;
(21) Willful failure to systematically retain
stenographic notes or transcripts on paper or any
electronic media for 10 years from the date that the notes
or transcripts were taken;
(22) Failure to deliver transcripts in a timely manner

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or in accordance with contractual agreements;
(23) Establishing contingent fees as a basis of
compensation;
(24) Mental illness or disability that results in the
inability to practice under this Act with reasonable
judgment, skill, or safety;
(25) Practicing under a false or assumed name, except
as provided by law;
(26) Cheating on or attempting to subvert the licensing
examination administered under this Act;
(27) Allowing one's license under this Act to be used
by an unlicensed person in violation of this Act.
All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the fine
or in accordance with the terms set forth in the order imposing
the fine.
(b) The determination by a circuit court that a certificate
holder is subject to involuntary admission or judicial
admission as provided in the Mental Health and Developmental
Disabilities Code, operates as an automatic suspension. Such
suspension will end only upon a finding by a court that the
patient is no longer subject to involuntary admission or
judicial admission, an order by the court so finding and
discharging the patient. In any case where a license is
suspended under this Section, the licensee may file a petition
for restoration and shall include evidence acceptable to the

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Department that the licensee can resume practice in compliance
with acceptable and prevailing standards of the profession.
(c) In cases where the Department of Healthcare and Family
Services has previously determined a licensee or a potential
licensee is more than 30 days delinquent in the payment of
child support and has subsequently certified the delinquency to
the Department, the Department may refuse to issue or renew or
may revoke or suspend that person's license or may take other
disciplinary action against that person based solely upon the
certification of delinquency made by the Department of
Healthcare and Family Services in accordance with item (5) of
subsection (a) of Section 2105-15 of the Civil Administrative
Code of Illinois.
(d) In enforcing this Section, the Department, upon a
showing of a possible violation, may compel any individual who
is certified under this Act or any individual who has applied
for certification under this Act to submit to a mental or
physical examination and evaluation, or both, which may include
a substance abuse or sexual offender evaluation, at the expense
of the Department. The Department shall specifically designate
the examining physician licensed to practice medicine in all of
its branches or, if applicable, the multidisciplinary team
involved in providing the mental or physical examination and
evaluation, or both. The multidisciplinary team shall be led by
a physician licensed to practice medicine in all of its
branches and may consist of one or more or a combination of

SB2439 Engrossed - 206 - LRB100 18051 XWW 33240 b
physicians licensed to practice medicine in all of its
branches, licensed chiropractic physicians, licensed clinical
psychologists, licensed clinical social workers, licensed
clinical professional counselors, and other professional and
administrative staff. Any examining physician or member of the
multidisciplinary team may require any person ordered to submit
to an examination and evaluation pursuant to this Section to
submit to any additional supplemental testing deemed necessary
to complete any examination or evaluation process, including,
but not limited to, blood testing, urinalysis, psychological
testing, or neuropsychological testing.
The Department may order the examining physician or any
member of the multidisciplinary team to provide to the
Department any and all records, including business records,
that relate to the examination and evaluation, including any
supplemental testing performed. The Department may order the
examining physician or any member of the multidisciplinary team
to present testimony concerning this examination and
evaluation of the certified shorthand reporter or applicant,
including testimony concerning any supplemental testing or
documents relating to the examination and evaluation. No
information, report, record, or other documents in any way
related to the examination and evaluation shall be excluded by
reason of any common law or statutory privilege relating to
communication between the licensee or applicant and the
examining physician or any member of the multidisciplinary

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team. No authorization is necessary from the certified
shorthand reporter or applicant ordered to undergo an
evaluation and examination for the examining physician or any
member of the multidisciplinary team to provide information,
reports, records, or other documents or to provide any
testimony regarding the examination and evaluation. The
individual to be examined may have, at his or her own expense,
another physician of his or her choice present during all
aspects of the examination.
Failure of any individual to submit to mental or physical
examination and evaluation, or both, when directed, shall
result in an automatic suspension, without hearing, until such
time as the individual submits to the examination. If the
Department finds a certified shorthand reporter unable to
practice because of the reasons set forth in this Section, the
Department shall require the certified shorthand reporter to
submit to care, counseling, or treatment by physicians approved
or designated by the Department, as a condition for continued,
reinstated, or renewed certification.
When the Secretary immediately suspends a certificate
under this Section, a hearing upon the person's certificate
must be convened by the Department within 15 days after the
suspension and completed without appreciable delay. The
Department shall have the authority to review the certified
shorthand reporter's record of treatment and counseling
regarding the impairment, to the extent permitted by applicable

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federal statutes and regulations safeguarding the
confidentiality of medical records.
Individuals certified under this Act, affected under this
Section, shall be afforded an opportunity to demonstrate to the
Department that they can resume practice in compliance with
acceptable and prevailing standards under the provisions of
their certification.
(e) (Blank). The Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with item (5) of subsection
(a) of Section 2105-15 of the Civil Administrative Code of
Illinois.
(f) The Department may refuse to issue or may suspend
without hearing, as provided for in the Code of Civil
Procedure, the license of any person who fails to file a
return, to pay the tax, penalty, or interest shown in a filed
return, or to pay any final assessment of tax, penalty, or
interest as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied in accordance
with subsection (g) of Section 2105-15 of the Civil
Administrative Code of Illinois.
(Source: P.A. 98-445, eff. 12-31-13; 98-756, eff. 7-16-14.)

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Section 850. The Collection Agency Act is amended by
changing Section 9 as follows:
(225 ILCS 425/9) (from Ch. 111, par. 2012)
(Section scheduled to be repealed on January 1, 2026)
Sec. 9. Disciplinary actions.
(a) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand or take other
disciplinary or non-disciplinary action as the Department may
deem proper, including fines not to exceed $10,000 per
violation, for any one or any combination of the following
causes:
(1) Material misstatement in furnishing information to
the Department.
(2) Violations of this Act or of the rules promulgated
hereunder.
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation of the
collection agency or any of the officers or owners of more
than 10% interest of the agency of any crime under the laws
of any U.S. jurisdiction that (i) is a felony, (ii) is a
misdemeanor, an essential element of which is dishonesty,
or (iii) is directly related to the practice of a

SB2439 Engrossed - 210 - LRB100 18051 XWW 33240 b
collection agency.
(4) Fraud or misrepresentation in applying for, or
procuring, a license under this Act or in connection with
applying for renewal of a license under this Act.
(5) Aiding or assisting another person in violating any
provision of this Act or rules adopted under this Act.
(6) Failing, within 60 days, to provide information in
response to a written request made by the Department.
(7) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants or any other chemical agent or drug
which results in the inability to practice with reasonable
judgment, skill, or safety by any of the officers or owners
of 10% or more interest of a collection agency.
(8) Discipline by another state, the District of
Columbia, a territory of the United States, or a foreign
nation, if at least one of the grounds for the discipline
is the same or substantially equivalent to those set forth
in this Act.
(9) A finding by the Department that the licensee,
after having his license placed on probationary status, has
violated the terms of probation.
(10) Willfully making or filing false records or
reports in his or her practice, including, but not limited
to, false records filed with State agencies or departments.
(11) Practicing or attempting to practice under a false
or, except as provided by law, an assumed name.

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(12) A finding by the Federal Trade Commission that a
licensee violated the federal Fair Debt Collection
Practices Act or its rules.
(13) Failure to file a return, or to pay the tax,
penalty or interest shown in a filed return, or to pay any
final assessment of tax, penalty or interest, as required
by any tax Act administered by the Illinois Department of
Revenue until such time as the requirements of any such tax
Act are satisfied.
(14) Using or threatening to use force or violence to
cause physical harm to a debtor, his or her family or his
or her property.
(15) Threatening to instigate an arrest or criminal
prosecution where no basis for a criminal complaint
lawfully exists.
(16) Threatening the seizure, attachment or sale of a
debtor's property where such action can only be taken
pursuant to court order without disclosing that prior court
proceedings are required.
(17) Disclosing or threatening to disclose information
adversely affecting a debtor's reputation for credit
worthiness with knowledge the information is false.
(18) Initiating or threatening to initiate
communication with a debtor's employer unless there has
been a default of the payment of the obligation for at
least 30 days and at least 5 days prior written notice, to

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the last known address of the debtor, of the intention to
communicate with the employer has been given to the
employee, except as expressly permitted by law or court
order.
(19) Communicating with the debtor or any member of
the debtor's family at such a time of day or night and with
such frequency as to constitute harassment of the debtor or
any member of the debtor's family. For purposes of this
Section the following conduct shall constitute harassment:
(A) Communicating with the debtor or any member of
his or her family in connection with the collection of
any debt without the prior consent of the debtor given
directly to the debt collector, or the express
permission of a court of competent jurisdiction, at any
unusual time or place or a time or place known or which
should be known to be inconvenient to the debtor. In
the absence of knowledge of circumstances to the
contrary, a debt collector shall assume that the
convenient time for communicating with a consumer is
after 8 o'clock a.m. and before 9 o'clock p.m. local
time at the debtor's location.
(B) The threat of publication or publication of a
list of consumers who allegedly refuse to pay debts,
except to a consumer reporting agency.
(C) The threat of advertisement or advertisement
for sale of any debt to coerce payment of the debt.

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(D) Causing a telephone to ring or engaging any
person in telephone conversation repeatedly or
continuously with intent to annoy, abuse, or harass any
person at the called number.
(20) Using profane, obscene or abusive language in
communicating with a debtor, his or her family or others.
(21) Disclosing or threatening to disclose information
relating to a debtor's debt to any other person except
where such other person has a legitimate business need for
the information or except where such disclosure is
permitted by law.
(22) Disclosing or threatening to disclose information
concerning the existence of a debt which the collection
agency knows to be disputed by the debtor without
disclosing the fact that the debtor disputes the debt.
(23) Engaging in any conduct that is intended to cause
and did cause mental or physical illness to the debtor or
his or her family.
(24) Attempting or threatening to enforce a right or
remedy with knowledge or reason to know that the right or
remedy does not exist.
(25) Failing to disclose to the debtor or his or her
family the corporate, partnership or proprietary name, or
other trade or business name, under which the collection
agency is engaging in debt collections and which he or she
is legally authorized to use.

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(26) Using any form of communication which simulates
legal or judicial process or which gives the appearance of
being authorized, issued or approved by a governmental
agency or official or by an attorney at law when it is not.
(27) Using any badge, uniform, or other indicia of any
governmental agency or official except as authorized by
law.
(28) Conducting business under any name or in any
manner which suggests or implies that the collection agency
is a branch of or is affiliated in any way with a
governmental agency or court if such collection agency is
not.
(29) Failing to disclose, at the time of making any
demand for payment, the name of the person to whom the debt
is owed and at the request of the debtor, the address where
payment is to be made and the address of the person to whom
the debt is owed.
(30) Misrepresenting the amount of the debt alleged to
be owed.
(31) Representing that an existing debt may be
increased by the addition of attorney's fees,
investigation fees or any other fees or charges when such
fees or charges may not legally be added to the existing
debt.
(32) Representing that the collection agency is an
attorney at law or an agent for an attorney if he or she is

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not.
(33) Collecting or attempting to collect any interest
or other charge or fee in excess of the actual debt unless
such interest or other charge or fee is expressly
authorized by the agreement creating the debt unless
expressly authorized by law or unless in a commercial
transaction such interest or other charge or fee is
expressly authorized in a subsequent agreement. If a
contingency or hourly fee arrangement (i) is established
under an agreement between a collection agency and a
creditor to collect a debt and (ii) is paid by a debtor
pursuant to a contract between the debtor and the creditor,
then that fee arrangement does not violate this Section
unless the fee is unreasonable. The Department shall
determine what constitutes a reasonable collection fee.
(34) Communicating or threatening to communicate with
a debtor when the collection agency is informed in writing
by an attorney that the attorney represents the debtor
concerning the debt. If the attorney fails to respond
within a reasonable period of time, the collector may
communicate with the debtor. The collector may communicate
with the debtor when the attorney gives his or her consent.
(35) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(b) The Department shall deny any license or renewal

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authorized by this Act to any person who has defaulted on an
educational loan guaranteed by the Illinois State Scholarship
Commission; however, the Department may issue a license or
renewal if the person in default has established a satisfactory
repayment record as determined by the Illinois State
Scholarship Commission. No collection agency while collecting
or attempting to collect a debt shall engage in any of the Acts
specified in this Section, each of which shall be unlawful
practice.
(Source: P.A. 99-227, eff. 8-3-15.)
Section 855. The Community Association Manager Licensing
and Disciplinary Act is amended by changing Section 85 as
follows:
(225 ILCS 427/85)
(Section scheduled to be repealed on January 1, 2020)
Sec. 85. Grounds for discipline; refusal, revocation, or
suspension.
(a) The Department may refuse to issue or renew a license,
or may place on probation, reprimand, suspend, or revoke any
license, or take any other disciplinary or non-disciplinary
action as the Department may deem proper and impose a fine not
to exceed $10,000 for each violation upon any licensee or
applicant under this Act or any person or entity who holds
himself, herself, or itself out as an applicant or licensee for

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any one or combination of the following causes:
(1) Material misstatement in furnishing information to
the Department.
(2) Violations of this Act or its rules.
(3) Conviction of or entry of a plea of guilty or plea
of nolo contendere to a felony or a misdemeanor under the
laws of the United States, any state, or any other
jurisdiction or entry of an administrative sanction by a
government agency in this State or any other jurisdiction.
Action taken under this paragraph (3) for a misdemeanor or
an administrative sanction is limited to a misdemeanor or
administrative sanction that has as an essential element
dishonesty or fraud, that involves larceny, embezzlement,
or obtaining money, property, or credit by false pretenses
or by means of a confidence game, or that is directly
related to the practice of the profession.
(4) Making any misrepresentation for the purpose of
obtaining a license or violating any provision of this Act
or its rules.
(5) Professional incompetence.
(6) Gross negligence.
(7) Aiding or assisting another person in violating any
provision of this Act or its rules.
(8) Failing, within 30 days, to provide information in
response to a request made by the Department.
(9) Engaging in dishonorable, unethical, or

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unprofessional conduct of a character likely to deceive,
defraud or harm the public as defined by the rules of the
Department, or violating the rules of professional conduct
adopted by the Department.
(10) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that results in the inability to practice with reasonable
judgment, skill, or safety.
(11) Having been disciplined by another state, the
District of Columbia, a territory, a foreign nation, or a
governmental agency authorized to impose discipline if at
least one of the grounds for the discipline is the same or
substantially equivalent of one of the grounds for which a
licensee may be disciplined under this Act. A certified
copy of the record of the action by the other state or
jurisdiction shall be prima facie evidence thereof.
(12) Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership or association
any fee, commission, rebate, or other form of compensation
for any professional services not actually or personally
rendered.
(13) A finding by the Department that the licensee,
after having his, her, or its license placed on
probationary status, has violated the terms of probation.
(14) Willfully making or filing false records or
reports relating to a licensee's practice, including but

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not limited to false records filed with any State or
federal agencies or departments.
(15) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act and upon
proof by clear and convincing evidence that the licensee
has caused a child to be an abused child or neglected child
as defined in the Abused and Neglected Child Reporting Act.
(16) Physical illness or mental illness or impairment,
including, but not limited to, deterioration through the
aging process or loss of motor skill that results in the
inability to practice the profession with reasonable
judgment, skill, or safety.
(17) Solicitation of professional services by using
false or misleading advertising.
(18) A finding that licensure has been applied for or
obtained by fraudulent means.
(19) Practicing or attempting to practice under a name
other than the full name as shown on the license or any
other legally authorized name.
(20) Gross overcharging for professional services
including, but not limited to, (i) collection of fees or
moneys for services that are not rendered; and (ii)
charging for services that are not in accordance with the
contract between the licensee and the community
association.

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(21) Improper commingling of personal and client funds
in violation of this Act or any rules promulgated thereto.
(22) Failing to account for or remit any moneys or
documents coming into the licensee's possession that
belong to another person or entity.
(23) Giving differential treatment to a person that is
to that person's detriment because of race, color, creed,
sex, religion, or national origin.
(24) Performing and charging for services without
reasonable authorization to do so from the person or entity
for whom service is being provided.
(25) Failing to make available to the Department, upon
request, any books, records, or forms required by this Act.
(26) Purporting to be a supervising community
association manager of a firm without active participation
in the firm.
(27) Failing to make available to the Department at the
time of the request any indicia of licensure or
registration issued under this Act.
(28) Failing to maintain and deposit funds belonging to
a community association in accordance with subsection (b)
of Section 55 of this Act.
(29) Violating the terms of a disciplinary order issued
by the Department.
(b) (Blank). In accordance with subdivision (a)(5) of
Section 2105-15 of the Department of Professional Regulation

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Law of the Civil Administrative Code of Illinois (20 ILCS
2105/2105-15), the Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State.
(c) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission, as
provided in the Mental Health and Developmental Disabilities
Code, operates as an automatic suspension. The suspension will
terminate only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and the issuance of an order so finding and discharging the
patient, and upon the recommendation of the Board to the
Secretary that the licensee be allowed to resume his or her
practice as a licensed community association manager.
(d) In accordance with subsection (g) of Section 2105-15 of
the Department of Professional Regulation Law of the Civil
Administrative Code of Illinois (20 ILCS 2105/2105-15), the
Department may refuse to issue or renew or may suspend the
license of any person who fails to file a return, to pay the
tax, penalty, or interest shown in a filed return, or to pay
any final assessment of tax, penalty, or interest, as required
by any tax Act administered by the Department of Revenue, until
such time as the requirements of that tax Act are satisfied.
(e) In accordance with subdivision (a)(5) of Section

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2105-15 of the Department of Professional Regulation Law of the
Civil Administrative Code of Illinois (20 ILCS 2105/2105-15)
and in cases where the Department of Healthcare and Family
Services (formerly Department of Public Aid) has previously
determined that a licensee or a potential licensee is more than
30 days delinquent in the payment of child support and has
subsequently certified the delinquency to the Department may
refuse to issue or renew or may revoke or suspend that person's
license or may take other disciplinary action against that
person based solely upon the certification of delinquency made
by the Department of Healthcare and Family Services.
(f) In enforcing this Section, the Department or Board upon
a showing of a possible violation may compel a licensee or an
individual licensed to practice under this Act, or who has
applied for licensure under this Act, to submit to a mental or
physical examination, or both, as required by and at the
expense of the Department. The Department or Board may order
the examining physician to present testimony concerning the
mental or physical examination of the licensee or applicant. No
information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physicians shall be specifically designated by the
Board or Department. The individual to be examined may have, at
his or her own expense, another physician of his or her choice
present during all aspects of this examination. Failure of an

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individual to submit to a mental or physical examination, when
directed, shall be grounds for suspension of his or her license
or denial of his or her application or renewal until the
individual submits to the examination if the Department finds,
after notice and hearing, that the refusal to submit to the
examination was without reasonable cause.
If the Department or Board finds an individual unable to
practice because of the reasons set forth in this Section, the
Department or Board may require that individual to submit to
care, counseling, or treatment by physicians approved or
designated by the Department or Board, as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice; or, in lieu of care, counseling, or treatment, the
Department may file, or the Board may recommend to the
Department to file, a complaint to immediately suspend, revoke,
deny, or otherwise discipline the license of the individual. An
individual whose license was granted, continued, reinstated,
renewed, disciplined or supervised subject to such terms,
conditions, or restrictions, and who fails to comply with such
terms, conditions, or restrictions, shall be referred to the
Secretary for a determination as to whether the individual
shall have his or her license suspended immediately, pending a
hearing by the Department.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that person's
license must be convened by the Department within 30 days after

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the suspension and completed without appreciable delay. The
Department and Board shall have the authority to review the
subject individual's record of treatment and counseling
regarding the impairment to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate to
the Department or Board that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
(Source: P.A. 97-333, eff. 8-12-11; 98-365, eff. 1-1-14;
98-756, eff. 7-16-14.)
Section 860. The Detection of Deception Examiners Act is
amended by changing Section 14 as follows:
(225 ILCS 430/14) (from Ch. 111, par. 2415)
(Section scheduled to be repealed on January 1, 2022)
Sec. 14. (a) The Department may refuse to issue or renew or
may revoke, suspend, place on probation, reprimand, or take
other disciplinary or non-disciplinary action as the
Department may deem appropriate, including imposing fines not
to exceed $10,000 for each violation, with regard to any
license for any one or a combination of the following:
(1) Material misstatement in furnishing information to

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the Department.
(2) Violations of this Act, or of the rules adopted
under this Act.
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States: (i) that
is a felony or (ii) that is a misdemeanor, an essential
element of which is dishonesty, or that is directly related
to the practice of the profession.
(4) Making any misrepresentation for the purpose of
obtaining licensure or violating any provision of this Act
or the rules adopted under this Act pertaining to
advertising.
(5) Professional incompetence.
(6) Allowing one's license under this Act to be used by
an unlicensed person in violation of this Act.
(7) Aiding or assisting another person in violating
this Act or any rule adopted under this Act.
(8) Where the license holder has been adjudged mentally
ill, mentally deficient or subject to involuntary
admission as provided in the Mental Health and
Developmental Disabilities Code.
(9) Failing, within 60 days, to provide information in

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response to a written request made by the Department.
(10) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(11) Inability to practice with reasonable judgment,
skill, or safety as a result of habitual or excessive use
or addiction to alcohol, narcotics, stimulants, or any
other chemical agent or drug.
(12) Discipline by another state, District of
Columbia, territory, or foreign nation, if at least one of
the grounds for the discipline is the same or substantially
equivalent to those set forth in this Section.
(13) A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation.
(14) Willfully making or filing false records or
reports in his or her practice, including, but not limited
to, false records filed with State agencies or departments.
(15) Inability to practice the profession with
reasonable judgment, skill, or safety as a result of a
physical illness, including, but not limited to,
deterioration through the aging process or loss of motor
skill, or a mental illness or disability.
(16) Charging for professional services not rendered,
including filing false statements for the collection of
fees for which services are not rendered.

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(17) Practicing under a false or, except as provided by
law, an assumed name.
(18) Fraud or misrepresentation in applying for, or
procuring, a license under this Act or in connection with
applying for renewal of a license under this Act.
(19) Cheating on or attempting to subvert the licensing
examination administered under this Act.
All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the
fine.
(b) The Department may refuse to issue or may suspend
without hearing, as provided for in the Code of Civil
Procedure, the license of any person who fails to file a
return, or pay the tax, penalty, or interest shown in a filed
return, or pay any final assessment of the tax, penalty, or
interest as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied in accordance
with subsection (g) of Section 2105-15 of the Civil
Administrative Code of Illinois.
(c) (Blank). The Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with item (5) of subsection
(a) of Section 2105-15 of the Civil Administrative Code of

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Illinois.
(d) In cases where the Department of Healthcare and Family
Services has previously determined a licensee or a potential
licensee is more than 30 days delinquent in the payment of
child support and has subsequently certified the delinquency to
the Department, the Department may refuse to issue or renew or
may revoke or suspend that person's license or may take other
disciplinary action against that person based solely upon the
certification of delinquency made by the Department of
Healthcare and Family Services in accordance with item (5) of
subsection (a) of Section 2105-15 of the Civil Administrative
Code of Illinois.
(e) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission, as
provided in the Mental Health and Developmental Disabilities
Code, operates as an automatic suspension. The suspension will
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and the issuance of an order so finding and discharging the
patient.
(f) In enforcing this Act, the Department, upon a showing
of a possible violation, may compel an individual licensed to
practice under this Act, or who has applied for licensure under
this Act, to submit to a mental or physical examination, or
both, as required by and at the expense of the Department. The
Department may order the examining physician to present

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testimony concerning the mental or physical examination of the
licensee or applicant. No information shall be excluded by
reason of any common law or statutory privilege relating to
communications between the licensee or applicant and the
examining physician. The examining physicians shall be
specifically designated by the Department. The individual to be
examined may have, at his or her own expense, another physician
of his or her choice present during all aspects of this
examination. The examination shall be performed by a physician
licensed to practice medicine in all its branches. Failure of
an individual to submit to a mental or physical examination,
when directed, shall result in an automatic suspension without
hearing.
A person holding a license under this Act or who has
applied for a license under this Act who, because of a physical
or mental illness or disability, including, but not limited to,
deterioration through the aging process or loss of motor skill,
is unable to practice the profession with reasonable judgment,
skill, or safety, may be required by the Department to submit
to care, counseling, or treatment by physicians approved or
designated by the Department as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice. Submission to care, counseling, or treatment as
required by the Department shall not be considered discipline
of a license. If the licensee refuses to enter into a care,
counseling, or treatment agreement or fails to abide by the

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terms of the agreement, the Department may file a complaint to
revoke, suspend, or otherwise discipline the license of the
individual. The Secretary may order the license suspended
immediately, pending a hearing by the Department. Fines shall
not be assessed in disciplinary actions involving physical or
mental illness or impairment.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that person's
license must be convened by the Department within 15 days after
the suspension and completed without appreciable delay. The
Department shall have the authority to review the subject
individual's record of treatment and counseling regarding the
impairment to the extent permitted by applicable federal
statutes and regulations safeguarding the confidentiality of
medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate to
the Department that he or she can resume practice in compliance
with acceptable and prevailing standards under the provisions
of his or her license.
(Source: P.A. 97-168, eff. 7-22-11; 98-463, eff. 8-16-13;
98-756, eff. 7-16-14.)
Section 865. The Home Inspector License Act is amended by
changing Section 15-10 as follows:

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(225 ILCS 441/15-10)
(Section scheduled to be repealed on January 1, 2022)
Sec. 15-10. Grounds for disciplinary action.
(a) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action as the Department may
deem appropriate, including imposing fines not to exceed
$25,000 for each violation, with regard to any license for any
one or combination of the following:
(1) Fraud or misrepresentation in applying for, or
procuring a license under this Act or in connection with
applying for renewal of a license under this Act.
(2) Failing to meet the minimum qualifications for
licensure as a home inspector established by this Act.
(3) Paying money, other than for the fees provided for
by this Act, or anything of value to an employee of the
Department to procure licensure under this Act.
(4) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States: (i) that
is a felony; (ii) that is a misdemeanor, an essential
element of which is dishonesty, or that is directly related
to the practice of the profession; or (iii) that is a crime

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that subjects the licensee to compliance with the
requirements of the Sex Offender Registration Act.
(5) Committing an act or omission involving
dishonesty, fraud, or misrepresentation with the intent to
substantially benefit the licensee or another person or
with the intent to substantially injure another person.
(6) Violating a provision or standard for the
development or communication of home inspections as
provided in Section 10-5 of this Act or as defined in the
rules.
(7) Failing or refusing to exercise reasonable
diligence in the development, reporting, or communication
of a home inspection report, as defined by this Act or the
rules.
(8) Violating a provision of this Act or the rules.
(9) Having been disciplined by another state, the
District of Columbia, a territory, a foreign nation, a
governmental agency, or any other entity authorized to
impose discipline if at least one of the grounds for that
discipline is the same as or substantially equivalent to
one of the grounds for which a licensee may be disciplined
under this Act.
(10) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(11) Accepting an inspection assignment when the

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employment itself is contingent upon the home inspector
reporting a predetermined analysis or opinion, or when the
fee to be paid is contingent upon the analysis, opinion, or
conclusion reached or upon the consequences resulting from
the home inspection assignment.
(12) Developing home inspection opinions or
conclusions based on the race, color, religion, sex,
national origin, ancestry, age, marital status, family
status, physical or mental disability, or unfavorable
military discharge, as defined under the Illinois Human
Rights Act, of the prospective or present owners or
occupants of the area or property under home inspection.
(13) Being adjudicated liable in a civil proceeding on
grounds of fraud, misrepresentation, or deceit. In a
disciplinary proceeding based upon a finding of civil
liability, the home inspector shall be afforded an
opportunity to present mitigating and extenuating
circumstances, but may not collaterally attack the civil
adjudication.
(14) Being adjudicated liable in a civil proceeding for
violation of a State or federal fair housing law.
(15) Engaging in misleading or untruthful advertising
or using a trade name or insignia of membership in a home
inspection organization of which the licensee is not a
member.
(16) Failing, within 30 days, to provide information in

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response to a written request made by the Department.
(17) Failing to include within the home inspection
report the home inspector's license number and the date of
expiration of the license. All home inspectors providing
significant contribution to the development and reporting
of a home inspection must be disclosed in the home
inspection report. It is a violation of this Act for a home
inspector to sign a home inspection report knowing that a
person providing a significant contribution to the report
has not been disclosed in the home inspection report.
(18) Advising a client as to whether the client should
or should not engage in a transaction regarding the
residential real property that is the subject of the home
inspection.
(19) Performing a home inspection in a manner that
damages or alters the residential real property that is the
subject of the home inspection without the consent of the
owner.
(20) Performing a home inspection when the home
inspector is providing or may also provide other services
in connection with the residential real property or
transaction, or has an interest in the residential real
property, without providing prior written notice of the
potential or actual conflict and obtaining the prior
consent of the client as provided by rule.
(21) Aiding or assisting another person in violating

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any provision of this Act or rules adopted under this Act.
(22) Inability to practice with reasonable judgment,
skill, or safety as a result of habitual or excessive use
or addiction to alcohol, narcotics, stimulants, or any
other chemical agent or drug.
(23) A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation.
(24) Willfully making or filing false records or
reports in his or her practice, including, but not limited
to, false records filed with State agencies or departments.
(25) Charging for professional services not rendered,
including filing false statements for the collection of
fees for which services are not rendered.
(26) Practicing under a false or, except as provided by
law, an assumed name.
(27) Cheating on or attempting to subvert the licensing
examination administered under this Act.
(b) The Department may suspend, revoke, or refuse to issue
or renew an education provider's license, may reprimand, place
on probation, or otherwise discipline an education provider
licensee, and may suspend or revoke the course approval of any
course offered by an education provider, for any of the
following:
(1) Procuring or attempting to procure licensure by
knowingly making a false statement, submitting false

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information, making any form of fraud or
misrepresentation, or refusing to provide complete
information in response to a question in an application for
licensure.
(2) Failing to comply with the covenants certified to
on the application for licensure as an education provider.
(3) Committing an act or omission involving
dishonesty, fraud, or misrepresentation or allowing any
such act or omission by any employee or contractor under
the control of the education provider.
(4) Engaging in misleading or untruthful advertising.
(5) Failing to retain competent instructors in
accordance with rules adopted under this Act.
(6) Failing to meet the topic or time requirements for
course approval as the provider of a pre-license curriculum
course or a continuing education course.
(7) Failing to administer an approved course using the
course materials, syllabus, and examinations submitted as
the basis of the course approval.
(8) Failing to provide an appropriate classroom
environment for presentation of courses, with
consideration for student comfort, acoustics, lighting,
seating, workspace, and visual aid material.
(9) Failing to maintain student records in compliance
with the rules adopted under this Act.
(10) Failing to provide a certificate, transcript, or

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other student record to the Department or to a student as
may be required by rule.
(11) Failing to fully cooperate with a Department
investigation by knowingly making a false statement,
submitting false or misleading information, or refusing to
provide complete information in response to written
interrogatories or a written request for documentation
within 30 days of the request.
(c) In appropriate cases, the Department may resolve a
complaint against a licensee through the issuance of a Consent
to Administrative Supervision order. A licensee subject to a
Consent to Administrative Supervision order shall be
considered by the Department as an active licensee in good
standing. This order shall not be reported as or considered by
the Department to be a discipline of the licensee. The records
regarding an investigation and a Consent to Administrative
Supervision order shall be considered confidential and shall
not be released by the Department except as mandated by law.
The complainant shall be notified that his or her complaint has
been resolved by a Consent to Administrative Supervision order.
(d) The Department may refuse to issue or may suspend
without hearing, as provided for in the Code of Civil
Procedure, the license of any person who fails to file a tax
return, to pay the tax, penalty, or interest shown in a filed
tax return, or to pay any final assessment of tax, penalty, or
interest, as required by any tax Act administered by the

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Illinois Department of Revenue, until such time as the
requirements of the tax Act are satisfied in accordance with
subsection (g) of Section 2105-15 of the Civil Administrative
Code of Illinois.
(e) (Blank). The Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with item (5) of subsection
(a) of Section 2105-15 of the Civil Administrative Code of
Illinois.
(f) In cases where the Department of Healthcare and Family
Services has previously determined that a licensee or a
potential licensee is more than 30 days delinquent in the
payment of child support and has subsequently certified the
delinquency to the Department, the Department may refuse to
issue or renew or may revoke or suspend that person's license
or may take other disciplinary action against that person based
solely upon the certification of delinquency made by the
Department of Healthcare and Family Services in accordance with
item (5) of subsection (a) of Section 2105-15 of the Civil
Administrative Code of Illinois.
(g) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission, as
provided in the Mental Health and Developmental Disabilities
Code, operates as an automatic suspension. The suspension will

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end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and the issuance of a court order so finding and discharging
the patient.
(h) In enforcing this Act, the Department, upon a showing
of a possible violation, may compel an individual licensed to
practice under this Act, or who has applied for licensure under
this Act, to submit to a mental or physical examination, or
both, as required by and at the expense of the Department. The
Department may order the examining physician to present
testimony concerning the mental or physical examination of the
licensee or applicant. No information shall be excluded by
reason of any common law or statutory privilege relating to
communications between the licensee or applicant and the
examining physician. The examining physician shall be
specifically designated by the Department. The individual to be
examined may have, at his or her own expense, another physician
of his or her choice present during all aspects of this
examination. The examination shall be performed by a physician
licensed to practice medicine in all its branches. Failure of
an individual to submit to a mental or physical examination,
when directed, shall result in an automatic suspension without
hearing.
A person holding a license under this Act or who has
applied for a license under this Act, who, because of a
physical or mental illness or disability, including, but not

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limited to, deterioration through the aging process or loss of
motor skill, is unable to practice the profession with
reasonable judgment, skill, or safety, may be required by the
Department to submit to care, counseling, or treatment by
physicians approved or designated by the Department as a
condition, term, or restriction for continued, reinstated, or
renewed licensure to practice. Submission to care, counseling,
or treatment as required by the Department shall not be
considered discipline of a license. If the licensee refuses to
enter into a care, counseling, or treatment agreement or fails
to abide by the terms of the agreement, the Department may file
a complaint to revoke, suspend, or otherwise discipline the
license of the individual. The Secretary may order the license
suspended immediately, pending a hearing by the Department.
Fines shall not be assessed in disciplinary actions involving
physical or mental illness or impairment.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that person's
license must be convened by the Department within 15 days after
the suspension and completed without appreciable delay. The
Department shall have the authority to review the subject
individual's record of treatment and counseling regarding the
impairment to the extent permitted by applicable federal
statutes and regulations safeguarding the confidentiality of
medical records.
An individual licensed under this Act and affected under

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this Section shall be afforded an opportunity to demonstrate to
the Department that he or she can resume practice in compliance
with acceptable and prevailing standards under the provisions
of his or her license.
(Source: P.A. 97-226, eff. 7-28-11; 97-877, eff. 8-2-12;
98-756, eff. 7-16-14.)
(225 ILCS 447/40-35 rep.)
Section 870. The Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Act of 2004 is
amended by repealing Section 40-35.
Section 875. The Illinois Public Accounting Act is amended
by changing Section 20.01 as follows:
(225 ILCS 450/20.01) (from Ch. 111, par. 5521.01)
(Section scheduled to be repealed on January 1, 2024)
Sec. 20.01. Grounds for discipline; license or
registration.
(a) The Department may refuse to issue or renew, or may
revoke, suspend, or reprimand any registration or registrant,
any license or licensee, place a licensee or registrant on
probation for a period of time subject to any conditions the
Department may specify including requiring the licensee or
registrant to attend continuing education courses or to work
under the supervision of another licensee or registrant, impose

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a fine not to exceed $10,000 for each violation, restrict the
authorized scope of practice, require a licensee or registrant
to undergo a peer review program, assess costs as provided for
under Section 20.4, or take other disciplinary or
non-disciplinary action for any one or more of the following:
(1) Violation of any provision of this Act or rule
adopted by the Department under this Act or violation of
professional standards.
(2) Dishonesty, fraud, or deceit in obtaining,
reinstating, or restoring a license or registration.
(3) Cancellation, revocation, suspension, denial of
licensure or registration, or refusal to renew a license or
privileges under Section 5.2 for disciplinary reasons in
any other U.S. jurisdiction, unit of government, or
government agency for any cause.
(4) Failure, on the part of a licensee under Section 13
or registrant under Section 16, to maintain compliance with
the requirements for issuance or renewal of a license or
registration or to report changes to the Department.
(5) Revocation or suspension of the right to practice
by or before any state or federal regulatory authority or
by the Public Company Accounting Oversight Board.
(6) Dishonesty, fraud, deceit, or gross negligence in
the performance of services as a licensee or registrant or
individual granted privileges under Section 5.2.
(7) Conviction by plea of guilty or nolo contendere,

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finding of guilt, jury verdict, or entry of judgment or
sentencing, including, but not limited to, convictions,
preceding sentences of supervision, conditional discharge,
or first offender probation, under the laws of any
jurisdiction of the United States that is (i) a felony or
(ii) a misdemeanor, an essential element of which is
dishonesty, or that is directly related to the practice of
public accounting.
(8) Performance of any fraudulent act while holding a
license or privilege issued under this Act or prior law.
(9) Practicing on a revoked, suspended, or inactive
license or registration.
(10) Making or filing a report or record that the
registrant or licensee knows to be false, willfully failing
to file a report or record required by State or federal
law, willfully impeding or obstructing the filing or
inducing another person to impede or obstruct only those
that are signed in the capacity of a licensed CPA or a
registered CPA.
(11) Aiding or assisting another person in violating
any provision of this Act or rules promulgated hereunder.
(12) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(13) Habitual or excessive use or abuse of drugs,
alcohol, narcotics, stimulants, or any other substance

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that results in the inability to practice with reasonable
skill, judgment, or safety.
(14) Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership, or association
any fee, commission, rebate, or other form of compensation
for any professional service not actually rendered.
(15) Physical illness, including, but not limited to,
deterioration through the aging process or loss of motor
skill that results in the licensee or registrant's
inability to practice under this Act with reasonable
judgment, skill, or safety.
(16) Solicitation of professional services by using
false or misleading advertising.
(17) Any conduct reflecting adversely upon the
licensee's fitness to perform services while a licensee or
individual granted privileges under Section 5.2.
(18) Practicing or attempting to practice under a name
other than the full name as shown on the license or
registration or any other legally authorized name.
(19) A finding by the Department that a licensee or
registrant has not complied with a provision of any lawful
order issued by the Department.
(20) Making a false statement to the Department
regarding compliance with continuing professional
education or peer review requirements.
(21) Failing to make a substantive response to a

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request for information by the Department within 30 days of
the request.
(b) (Blank).
(b-5) All fines or costs imposed under this Section shall
be paid within 60 days after the effective date of the order
imposing the fine or costs or in accordance with the terms set
forth in the order imposing the fine or cost.
(c) In cases where the Department of Healthcare and Family
Services has previously determined a licensee or a potential
licensee is more than 30 days delinquent in the payment of
child support and has subsequently certified the delinquency to
the Department, the Department may refuse to issue or renew or
may revoke or suspend that person's license or may take other
disciplinary or non-disciplinary action against that person
based solely upon the certification of delinquency made by the
Department of Healthcare and Family Services in accordance with
item (5) of subsection (a) of Section 2105-15 of the Department
of Professional Regulation Law of the Civil Administrative Code
of Illinois.
(d) The Department may refuse to issue or may suspend
without hearing, as provided for in the Code of Civil
Procedure, the license or registration of any person who fails
to file a return, to pay a tax, penalty, or interest shown in a
filed return, or to pay any final assessment of tax, penalty,
or interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the

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requirements of any such tax Act are satisfied in accordance
with subsection (g) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois.
(e) (Blank). The Department shall deny any application for
a license, registration, or renewal, without hearing, to any
person who has defaulted on an educational loan guaranteed by
the Illinois Student Assistance Commission; however, the
Department may issue a license, registration, or renewal if the
person in default has established a satisfactory repayment
record as determined by the Illinois Student Assistance
Commission.
(f) The determination by a court that a licensee or
registrant is subject to involuntary admission or judicial
admission as provided in the Mental Health and Developmental
Disabilities Code will result in the automatic suspension of
his or her license or registration. The licensee or registrant
shall be responsible for notifying the Department of the
determination by the court that the licensee or registrant is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code. The suspension shall end only upon a finding by a court
that the patient is no longer subject to involuntary admission
or judicial admission, the issuance of an order so finding and
discharging the patient, and the filing of a petition for
restoration demonstrating fitness to practice.

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(g) In enforcing this Section, the Department, upon a
showing of a possible violation, may compel, any licensee or
registrant or any individual who has applied for licensure
under this Act, to submit to a mental or physical examination
and evaluation, or both, which may include a substance abuse or
sexual offender evaluation, at the expense of the Department.
The Department shall specifically designate the examining
physician licensed to practice medicine in all of its branches
or, if applicable, the multidisciplinary team involved in
providing the mental or physical examination and evaluation, or
both. The multidisciplinary team shall be led by a physician
licensed to practice medicine in all of its branches and may
consist of one or more or a combination of physicians licensed
to practice medicine in all of its branches, licensed
chiropractic physicians, licensed clinical psychologists,
licensed clinical social workers, licensed clinical
professional counselors, and other professional and
administrative staff. Any examining physician or member of the
multidisciplinary team may require any person ordered to submit
to an examination and evaluation under this Section to submit
to any additional supplemental testing deemed necessary to
complete any examination or evaluation process, including, but
not limited to, blood testing, urinalysis, psychological
testing, or neuropsychological testing. The Department may
order the examining physician or any member of the
multidisciplinary team to provide to the Department any and all

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records, including business records, that relate to the
examination and evaluation, including any supplemental testing
performed. The Department may order the examining physician or
any member of the multidisciplinary team to present testimony
concerning this examination and evaluation of the licensee,
registrant, or applicant, including testimony concerning any
supplemental testing or documents relating to the examination
and evaluation. No information, report, record, or other
documents in any way related to the examination and evaluation
shall be excluded by reason of any common law or statutory
privilege relating to communication between the licensee,
registrant, or applicant and the examining physician or any
member of the multidisciplinary team. No authorization is
necessary from the individual ordered to undergo an evaluation
and examination for the examining physician or any member of
the multidisciplinary team to provide information, reports,
records, or other documents or to provide any testimony
regarding the examination and evaluation.
The individual to be examined may have, at his or her own
expense, another physician of his or her choice present during
all aspects of the examination. Failure of any individual to
submit to mental or physical examination and evaluation, or
both, when directed, shall result in an automatic suspension,
without hearing, until such time as the individual submits to
the examination. If the Department finds a licensee,
registrant, or applicant unable to practice because of the

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reasons set forth in this Section, the Department shall require
such licensee, registrant, or applicant to submit to care,
counseling, or treatment by physicians approved or designated
by the Department, as a condition for continued, reinstated, or
renewed licensure to practice.
When the Secretary immediately suspends a license or
registration under this Section, a hearing upon such person's
license or registration must be convened by the Department
within 15 days after such suspension and completed without
appreciable delay. The Department shall have the authority to
review the subject's record of treatment and counseling
regarding the impairment, to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records.
Individuals licensed or registered under this Act,
affected under this Section, shall be afforded an opportunity
to demonstrate to the Department that they can resume practice
in compliance with acceptable and prevailing standards under
the provisions of their license or registration.
(Source: P.A. 98-254, eff. 8-9-13.)
Section 880. The Real Estate License Act of 2000 is amended
by changing Section 20-20 as follows:
(225 ILCS 454/20-20)
(Section scheduled to be repealed on January 1, 2020)

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Sec. 20-20. Grounds for discipline.
(a) The Department may refuse to issue or renew a license,
may place on probation, suspend, or revoke any license,
reprimand, or take any other disciplinary or non-disciplinary
action as the Department may deem proper and impose a fine not
to exceed $25,000 upon any licensee or applicant under this Act
or any person who holds himself or herself out as an applicant
or licensee or against a licensee in handling his or her own
property, whether held by deed, option, or otherwise, for any
one or any combination of the following causes:
(1) Fraud or misrepresentation in applying for, or
procuring, a license under this Act or in connection with
applying for renewal of a license under this Act.
(2) The conviction of or plea of guilty or plea of nolo
contendere to a felony or misdemeanor in this State or any
other jurisdiction; or the entry of an administrative
sanction by a government agency in this State or any other
jurisdiction. Action taken under this paragraph (2) for a
misdemeanor or an administrative sanction is limited to a
misdemeanor or administrative sanction that has as an
essential element dishonesty or fraud or involves larceny,
embezzlement, or obtaining money, property, or credit by
false pretenses or by means of a confidence game.
(3) Inability to practice the profession with
reasonable judgment, skill, or safety as a result of a
physical illness, including, but not limited to,

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deterioration through the aging process or loss of motor
skill, or a mental illness or disability.
(4) Practice under this Act as a licensee in a retail
sales establishment from an office, desk, or space that is
not separated from the main retail business by a separate
and distinct area within the establishment.
(5) Having been disciplined by another state, the
District of Columbia, a territory, a foreign nation, or a
governmental agency authorized to impose discipline if at
least one of the grounds for that discipline is the same as
or the equivalent of one of the grounds for which a
licensee may be disciplined under this Act. A certified
copy of the record of the action by the other state or
jurisdiction shall be prima facie evidence thereof.
(6) Engaging in the practice of real estate brokerage
without a license or after the licensee's license or
temporary permit was expired or while the license was
inoperative.
(7) Cheating on or attempting to subvert the Real
Estate License Exam or continuing education exam.
(8) Aiding or abetting an applicant to subvert or cheat
on the Real Estate License Exam or continuing education
exam administered pursuant to this Act.
(9) Advertising that is inaccurate, misleading, or
contrary to the provisions of the Act.
(10) Making any substantial misrepresentation or

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untruthful advertising.
(11) Making any false promises of a character likely to
influence, persuade, or induce.
(12) Pursuing a continued and flagrant course of
misrepresentation or the making of false promises through
licensees, employees, agents, advertising, or otherwise.
(13) Any misleading or untruthful advertising, or
using any trade name or insignia of membership in any real
estate organization of which the licensee is not a member.
(14) Acting for more than one party in a transaction
without providing written notice to all parties for whom
the licensee acts.
(15) Representing or attempting to represent a broker
other than the sponsoring broker.
(16) Failure to account for or to remit any moneys or
documents coming into his or her possession that belong to
others.
(17) Failure to maintain and deposit in a special
account, separate and apart from personal and other
business accounts, all escrow moneys belonging to others
entrusted to a licensee while acting as a broker, escrow
agent, or temporary custodian of the funds of others or
failure to maintain all escrow moneys on deposit in the
account until the transactions are consummated or
terminated, except to the extent that the moneys, or any
part thereof, shall be:

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(A) disbursed prior to the consummation or
termination (i) in accordance with the written
direction of the principals to the transaction or their
duly authorized agents, (ii) in accordance with
directions providing for the release, payment, or
distribution of escrow moneys contained in any written
contract signed by the principals to the transaction or
their duly authorized agents, or (iii) pursuant to an
order of a court of competent jurisdiction; or
(B) deemed abandoned and transferred to the Office
of the State Treasurer to be handled as unclaimed
property pursuant to the Revised Uniform Unclaimed
Property Act. Escrow moneys may be deemed abandoned
under this subparagraph (B) only: (i) in the absence of
disbursement under subparagraph (A); (ii) in the
absence of notice of the filing of any claim in a court
of competent jurisdiction; and (iii) if 6 months have
elapsed after the receipt of a written demand for the
escrow moneys from one of the principals to the
transaction or the principal's duly authorized agent.
The account shall be noninterest bearing, unless the
character of the deposit is such that payment of interest
thereon is otherwise required by law or unless the
principals to the transaction specifically require, in
writing, that the deposit be placed in an interest bearing
account.

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(18) Failure to make available to the Department all
escrow records and related documents maintained in
connection with the practice of real estate within 24 hours
of a request for those documents by Department personnel.
(19) Failing to furnish copies upon request of
documents relating to a real estate transaction to a party
who has executed that document.
(20) Failure of a sponsoring broker to timely provide
information, sponsor cards, or termination of licenses to
the Department.
(21) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(22) Commingling the money or property of others with
his or her own money or property.
(23) Employing any person on a purely temporary or
single deal basis as a means of evading the law regarding
payment of commission to nonlicensees on some contemplated
transactions.
(24) Permitting the use of his or her license as a
broker to enable a leasing agent or unlicensed person to
operate a real estate business without actual
participation therein and control thereof by the broker.
(25) Any other conduct, whether of the same or a
different character from that specified in this Section,
that constitutes dishonest dealing.

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(26) Displaying a "for rent" or "for sale" sign on any
property without the written consent of an owner or his or
her duly authorized agent or advertising by any means that
any property is for sale or for rent without the written
consent of the owner or his or her authorized agent.
(27) Failing to provide information requested by the
Department, or otherwise respond to that request, within 30
days of the request.
(28) Advertising by means of a blind advertisement,
except as otherwise permitted in Section 10-30 of this Act.
(29) Offering guaranteed sales plans, as defined in
clause (A) of this subdivision (29), except to the extent
hereinafter set forth:
(A) A "guaranteed sales plan" is any real estate
purchase or sales plan whereby a licensee enters into a
conditional or unconditional written contract with a
seller, prior to entering into a brokerage agreement
with the seller, by the terms of which a licensee
agrees to purchase a property of the seller within a
specified period of time at a specific price in the
event the property is not sold in accordance with the
terms of a brokerage agreement to be entered into
between the sponsoring broker and the seller.
(B) A licensee offering a guaranteed sales plan
shall provide the details and conditions of the plan in
writing to the party to whom the plan is offered.

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(C) A licensee offering a guaranteed sales plan
shall provide to the party to whom the plan is offered
evidence of sufficient financial resources to satisfy
the commitment to purchase undertaken by the broker in
the plan.
(D) Any licensee offering a guaranteed sales plan
shall undertake to market the property of the seller
subject to the plan in the same manner in which the
broker would market any other property, unless the
agreement with the seller provides otherwise.
(E) The licensee cannot purchase seller's property
until the brokerage agreement has ended according to
its terms or is otherwise terminated.
(F) Any licensee who fails to perform on a
guaranteed sales plan in strict accordance with its
terms shall be subject to all the penalties provided in
this Act for violations thereof and, in addition, shall
be subject to a civil fine payable to the party injured
by the default in an amount of up to $25,000.
(30) Influencing or attempting to influence, by any
words or acts, a prospective seller, purchaser, occupant,
landlord, or tenant of real estate, in connection with
viewing, buying, or leasing real estate, so as to promote
or tend to promote the continuance or maintenance of
racially and religiously segregated housing or so as to
retard, obstruct, or discourage racially integrated

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housing on or in any street, block, neighborhood, or
community.
(31) Engaging in any act that constitutes a violation
of any provision of Article 3 of the Illinois Human Rights
Act, whether or not a complaint has been filed with or
adjudicated by the Human Rights Commission.
(32) Inducing any party to a contract of sale or lease
or brokerage agreement to break the contract of sale or
lease or brokerage agreement for the purpose of
substituting, in lieu thereof, a new contract for sale or
lease or brokerage agreement with a third party.
(33) Negotiating a sale, exchange, or lease of real
estate directly with any person if the licensee knows that
the person has an exclusive brokerage agreement with
another broker, unless specifically authorized by that
broker.
(34) When a licensee is also an attorney, acting as the
attorney for either the buyer or the seller in the same
transaction in which the licensee is acting or has acted as
a managing broker or broker.
(35) Advertising or offering merchandise or services
as free if any conditions or obligations necessary for
receiving the merchandise or services are not disclosed in
the same advertisement or offer. These conditions or
obligations include without limitation the requirement
that the recipient attend a promotional activity or visit a

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real estate site. As used in this subdivision (35), "free"
includes terms such as "award", "prize", "no charge", "free
of charge", "without charge", and similar words or phrases
that reasonably lead a person to believe that he or she may
receive or has been selected to receive something of value,
without any conditions or obligations on the part of the
recipient.
(36) (Blank).
(37) Violating the terms of a disciplinary order issued
by the Department.
(38) Paying or failing to disclose compensation in
violation of Article 10 of this Act.
(39) Requiring a party to a transaction who is not a
client of the licensee to allow the licensee to retain a
portion of the escrow moneys for payment of the licensee's
commission or expenses as a condition for release of the
escrow moneys to that party.
(40) Disregarding or violating any provision of this
Act or the published rules promulgated by the Department to
enforce this Act or aiding or abetting any individual,
partnership, registered limited liability partnership,
limited liability company, or corporation in disregarding
any provision of this Act or the published rules
promulgated by the Department to enforce this Act.
(41) Failing to provide the minimum services required
by Section 15-75 of this Act when acting under an exclusive

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brokerage agreement.
(42) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that results in a managing broker, broker, or leasing
agent's inability to practice with reasonable skill or
safety.
(43) Enabling, aiding, or abetting an auctioneer, as
defined in the Auction License Act, to conduct a real
estate auction in a manner that is in violation of this
Act.
(44) Permitting any leasing agent or temporary leasing
agent permit holder to engage in activities that require a
broker's or managing broker's license.
(b) The Department may refuse to issue or renew or may
suspend the license of any person who fails to file a return,
pay the tax, penalty or interest shown in a filed return, or
pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Department of
Revenue, until such time as the requirements of that tax Act
are satisfied in accordance with subsection (g) of Section
2105-15 of the Civil Administrative Code of Illinois.
(c) (Blank). The Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with item (5) of subsection

SB2439 Engrossed - 260 - LRB100 18051 XWW 33240 b
(a) of Section 2105-15 of the Civil Administrative Code of
Illinois.
(d) In cases where the Department of Healthcare and Family
Services (formerly Department of Public Aid) has previously
determined that a licensee or a potential licensee is more than
30 days delinquent in the payment of child support and has
subsequently certified the delinquency to the Department may
refuse to issue or renew or may revoke or suspend that person's
license or may take other disciplinary action against that
person based solely upon the certification of delinquency made
by the Department of Healthcare and Family Services in
accordance with item (5) of subsection (a) of Section 2105-15
of the Civil Administrative Code of Illinois.
(e) In enforcing this Section, the Department or Board upon
a showing of a possible violation may compel an individual
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, as required by and at the expense of the
Department. The Department or Board may order the examining
physician to present testimony concerning the mental or
physical examination of the licensee or applicant. No
information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physicians shall be specifically designated by the
Board or Department. The individual to be examined may have, at

SB2439 Engrossed - 261 - LRB100 18051 XWW 33240 b
his or her own expense, another physician of his or her choice
present during all aspects of this examination. Failure of an
individual to submit to a mental or physical examination, when
directed, shall be grounds for suspension of his or her license
until the individual submits to the examination if the
Department finds, after notice and hearing, that the refusal to
submit to the examination was without reasonable cause.
If the Department or Board finds an individual unable to
practice because of the reasons set forth in this Section, the
Department or Board may require that individual to submit to
care, counseling, or treatment by physicians approved or
designated by the Department or Board, as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice; or, in lieu of care, counseling, or treatment, the
Department may file, or the Board may recommend to the
Department to file, a complaint to immediately suspend, revoke,
or otherwise discipline the license of the individual. An
individual whose license was granted, continued, reinstated,
renewed, disciplined or supervised subject to such terms,
conditions, or restrictions, and who fails to comply with such
terms, conditions, or restrictions, shall be referred to the
Secretary for a determination as to whether the individual
shall have his or her license suspended immediately, pending a
hearing by the Department.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that person's

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license must be convened by the Department within 30 days after
the suspension and completed without appreciable delay. The
Department and Board shall have the authority to review the
subject individual's record of treatment and counseling
regarding the impairment to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate to
the Department or Board that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
(Source: P.A. 99-227, eff. 8-3-15; 100-22, eff. 1-1-18;
100-188, eff. 1-1-18; 100-534, eff. 9-22-17; revised 10-2-17.)
(225 ILCS 458/15-45 rep.)
Section 885. The Real Estate Appraiser Licensing Act of
2002 is amended by repealing Section 15-45.
Section 890. The Radon Industry Licensing Act is amended by
changing Section 45 as follows:
(420 ILCS 44/45)
Sec. 45. Grounds for disciplinary action. The Agency may
refuse to issue or to renew, or may revoke, suspend, or take
other disciplinary action as the Agency may deem proper,

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including fines not to exceed $1,000 for each violation, with
regard to any license for any one or combination of the
following causes:
(a) Violation of this Act or its rules.
(b) Conviction of a crime under the laws of any United
States jurisdiction that is a felony or of any crime that
directly relates to the practice of detecting or reducing
the presence of radon or radon progeny. Consideration of
such conviction of an applicant shall be in accordance with
Section 46.
(c) Making a misrepresentation for the purpose of
obtaining a license.
(d) Professional incompetence or gross negligence in
the practice of detecting or reducing the presence of radon
or radon progeny.
(e) Gross malpractice, prima facie evidence of which
may be a conviction or judgment of malpractice in a court
of competent jurisdiction.
(f) Aiding or assisting another person in violating a
provision of this Act or its rules.
(g) Failing, within 60 days, to provide information in
response to a written request made by the Agency that has
been sent by mail to the licensee's last known address.
(h) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.

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(i) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that results in the inability to practice with reasonable
judgment, skill, or safety.
(j) Discipline by another United States jurisdiction
or foreign nation, if at least one of the grounds for the
discipline is the same or substantially equivalent to those
set forth in this Section.
(k) Directly or indirectly giving to or receiving from
a person any fee, commission, rebate, or other form of
compensation for a professional service not actually or
personally rendered.
(l) A finding by the Agency that the licensee has
violated the terms of a license.
(m) Conviction by a court of competent jurisdiction,
either within or outside of this State, of a violation of a
law governing the practice of detecting or reducing the
presence of radon or radon progeny if the Agency determines
after investigation that the person has not been
sufficiently rehabilitated to warrant the public trust.
(n) A finding by the Agency that a license has been
applied for or obtained by fraudulent means.
(o) Practicing or attempting to practice under a name
other than the full name as shown on the license or any
other authorized name.
(p) Gross and willful overcharging for professional

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services, including filing false statements for collection
of fees or moneys for which services are not rendered.
(q) Failure to file a return or to pay the tax,
penalty, or interest shown in a filed return, or to pay any
final assessment of tax, penalty, or interest, as required
by a tax Act administered by the Department of Revenue,
until such time as the requirements of any such tax Act are
satisfied.
(r) (Blank). Failure to repay educational loans
guaranteed by the Illinois Student Assistance Commission,
as provided in Section 80 of the Nuclear Safety Law of
2004. However, the Agency may issue an original or renewal
license if the person in default has established a
satisfactory repayment record as determined by the
Illinois Student Assistance Commission.
(s) Failure to meet child support orders, as provided
in Section 10-65 of the Illinois Administrative Procedure
Act.
(t) Failure to pay a fee or civil penalty properly
assessed by the Agency.
(Source: P.A. 100-286, eff. 1-1-18.)
Section 900. The Attorney Act is amended by changing
Section 1 as follows:
(705 ILCS 205/1) (from Ch. 13, par. 1)

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Sec. 1. No person shall be permitted to practice as an
attorney or counselor at law within this State without having
previously obtained a license for that purpose from the Supreme
Court of this State.
No person shall receive any compensation directly or
indirectly for any legal services other than a regularly
licensed attorney, nor may an unlicensed person advertise or
hold himself or herself out to provide legal services.
A license, as provided for herein, constitutes the person
receiving the same an attorney and counselor at law, according
to the law and customs thereof, for and during his good
behavior in the practice and authorizes him to demand and
receive fees for any services which he may render as an
attorney and counselor at law in this State. No person shall be
granted a license or renewal authorized by this Act who has
defaulted on an educational loan guaranteed by the Illinois
Student Assistance Commission; however, a license or renewal
may be issued to the aforementioned persons who have
established a satisfactory repayment record as determined by
the Illinois Student Assistance Commission. No person shall be
granted a license or renewal authorized by this Act who is more
than 30 days delinquent in complying with a child support
order; a license or renewal may be issued, however, if the
person has established a satisfactory repayment record as
determined (i) by the Department of Healthcare and Family
Services (formerly Illinois Department of Public Aid) for cases

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being enforced under Article X of the Illinois Public Aid Code
or (ii) in all other cases by order of court or by written
agreement between the custodial parent and non-custodial
parent. No person shall be refused a license under this Act on
account of sex.
Any person practicing, charging or receiving fees for legal
services or advertising or holding himself or herself out to
provide legal services within this State, either directly or
indirectly, without being licensed to practice as herein
required, is guilty of contempt of court and shall be punished
accordingly, upon complaint being filed in any Circuit Court of
this State. The remedies available include, but are not limited
to: (i) appropriate equitable relief; (ii) a civil penalty not
to exceed $5,000, which shall be paid to the Illinois Equal
Justice Foundation; and (iii) actual damages. Such proceedings
shall be conducted in the Courts of the respective counties
where the alleged contempt has been committed in the same
manner as in cases of indirect contempt and with the right of
review by the parties thereto.
The provisions of this Act shall be in addition to other
remedies permitted by law and shall not be construed to deprive
courts of this State of their inherent right to punish for
contempt or to restrain the unauthorized practice of law.
Nothing in this Act shall be construed to conflict with,
amend, or modify Section 5 of the Corporation Practice of Law
Prohibition Act or prohibit representation of a party by a

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person who is not an attorney in a proceeding before either
panel of the Illinois Labor Relations Board under the Illinois
Public Labor Relations Act, as now or hereafter amended, the
Illinois Educational Labor Relations Board under the Illinois
Educational Labor Relations Act, as now or hereafter amended,
the State Civil Service Commission, the local Civil Service
Commissions, or the University Civil Service Merit Board, to
the extent allowed pursuant to rules and regulations
promulgated by those Boards and Commissions or the giving of
information, training, or advocacy or assistance in any
meetings or administrative proceedings held pursuant to the
federal Individuals with Disabilities Education Act, the
federal Rehabilitation Act of 1973, the federal Americans with
Disabilities Act of 1990, or the federal Social Security Act,
to the extent allowed by those laws or the federal regulations
or State statutes implementing those laws.
(Source: P.A. 94-659, eff. 1-1-06; 95-331, eff. 8-21-07;
95-410, eff. 8-24-07.)
Section 905. The Illinois Securities Law of 1953 is amended
by changing Section 8 as follows:
(815 ILCS 5/8) (from Ch. 121 1/2, par. 137.8)
Sec. 8. Registration of dealers, limited Canadian dealers,
Internet portals, salespersons, investment advisers, and
investment adviser representatives.

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A. Except as otherwise provided in this subsection A, every
dealer, limited Canadian dealer, salesperson, investment
adviser, and investment adviser representative shall be
registered as such with the Secretary of State. No dealer or
salesperson need be registered as such when offering or selling
securities in transactions exempted by subsection A, B, C, D,
E, G, H, I, J, K, M, O, P, Q, R or S of Section 4 of this Act,
provided that such dealer or salesperson is not regularly
engaged in the business of offering or selling securities in
reliance upon the exemption set forth in subsection G or M of
Section 4 of this Act. No dealer, issuer or controlling person
shall employ a salesperson unless such salesperson is
registered as such with the Secretary of State or is employed
for the purpose of offering or selling securities solely in
transactions exempted by subsection A, B, C, D, E, G, H, I, J,
K, L, M, O, P, Q, R or S of Section 4 of this Act; provided that
such salesperson need not be registered when effecting
transactions in this State limited to those transactions
described in Section 15(h)(2) of the Federal 1934 Act or
engaging in the offer or sale of securities in respect of which
he or she has beneficial ownership and is a controlling person.
The Secretary of State may, by rule, regulation or order and
subject to such terms, conditions, and fees as may be
prescribed in such rule, regulation or order, exempt from the
registration requirements of this Section 8 any investment

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adviser, if the Secretary of State shall find that such
registration is not necessary in the public interest by reason
of the small number of clients or otherwise limited character
of operation of such investment adviser.
B. An application for registration as a dealer or limited
Canadian dealer, executed, verified, or authenticated by or on
behalf of the applicant, shall be filed with the Secretary of
State, in such form as the Secretary of State may by rule,
regulation or order prescribe, setting forth or accompanied by:
(1) The name and address of the applicant, the location
of its principal business office and all branch offices, if
any, and the date of its organization;
(2) A statement of any other Federal or state licenses
or registrations which have been granted the applicant and
whether any such licenses or registrations have ever been
refused, cancelled, suspended, revoked or withdrawn;
(3) The assets and all liabilities, including
contingent liabilities of the applicant, as of a date not
more than 60 days prior to the filing of the application;
(4) (a) A brief description of any civil or criminal
proceeding of which fraud is an essential element pending
against the applicant and whether the applicant has ever
been convicted of a felony, or of any misdemeanor of which
fraud is an essential element;
(b) A list setting forth the name, residence and

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business address and a 10 year occupational statement of
each principal of the applicant and a statement describing
briefly any civil or criminal proceedings of which fraud is
an essential element pending against any such principal and
the facts concerning any conviction of any such principal
of a felony, or of any misdemeanor of which fraud is an
essential element;
(5) If the applicant is a corporation: a list of its
officers and directors setting forth the residence and
business address of each; a 10-year occupational statement
of each such officer or director; and a statement
describing briefly any civil or criminal proceedings of
which fraud is an essential element pending against each
such officer or director and the facts concerning any
conviction of any officer or director of a felony, or of
any misdemeanor of which fraud is an essential element;
(6) If the applicant is a sole proprietorship, a
partnership, limited liability company, an unincorporated
association or any similar form of business organization:
the name, residence and business address of the proprietor
or of each partner, member, officer, director, trustee or
manager; the limitations, if any, of the liability of each
such individual; a 10-year occupational statement of each
such individual; a statement describing briefly any civil
or criminal proceedings of which fraud is an essential
element pending against each such individual and the facts

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concerning any conviction of any such individual of a
felony, or of any misdemeanor of which fraud is an
essential element;
(7) Such additional information as the Secretary of
State may by rule or regulation prescribe as necessary to
determine the applicant's financial responsibility,
business repute and qualification to act as a dealer.
(8) (a) No applicant shall be registered or
re-registered as a dealer or limited Canadian dealer under
this Section unless and until each principal of the dealer
has passed an examination conducted by the Secretary of
State or a self-regulatory organization of securities
dealers or similar person, which examination has been
designated by the Secretary of State by rule, regulation or
order to be satisfactory for purposes of determining
whether the applicant has sufficient knowledge of the
securities business and laws relating thereto to act as a
registered dealer. Any dealer who was registered on
September 30, 1963, and has continued to be so registered;
and any principal of any registered dealer, who was acting
in such capacity on and continuously since September 30,
1963; and any individual who has previously passed a
securities dealer examination administered by the
Secretary of State or any examination designated by the
Secretary of State to be satisfactory for purposes of
determining whether the applicant has sufficient knowledge

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of the securities business and laws relating thereto to act
as a registered dealer by rule, regulation or order, shall
not be required to pass an examination in order to continue
to act in such capacity. The Secretary of State may by
order waive the examination requirement for any principal
of an applicant for registration under this subsection B
who has had such experience or education relating to the
securities business as may be determined by the Secretary
of State to be the equivalent of such examination. Any
request for such a waiver shall be filed with the Secretary
of State in such form as may be prescribed by rule or
regulation.
(b) Unless an applicant is a member of the body
corporate known as the Securities Investor Protection
Corporation established pursuant to the Act of Congress of
the United States known as the Securities Investor
Protection Act of 1970, as amended, a member of an
association of dealers registered as a national securities
association pursuant to Section 15A of the Federal 1934
Act, or a member of a self-regulatory organization or stock
exchange in Canada which the Secretary of State has
designated by rule or order, an applicant shall not be
registered or re-registered unless and until there is filed
with the Secretary of State evidence that such applicant
has in effect insurance or other equivalent protection for
each client's cash or securities held by such applicant,

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and an undertaking that such applicant will continually
maintain such insurance or other protection during the
period of registration or re-registration. Such insurance
or other protection shall be in a form and amount
reasonably prescribed by the Secretary of State by rule or
regulation.
(9) The application for the registration of a dealer or
limited Canadian dealer shall be accompanied by a filing
fee and a fee for each branch office in this State, in each
case in the amount established pursuant to Section 11a of
this Act, which fees shall not be returnable in any event.
(10) The Secretary of State shall notify the dealer or
limited Canadian dealer by written notice (which may be by
electronic or facsimile transmission) of the effectiveness
of the registration as a dealer in this State.
(11) Any change which renders no longer accurate any
information contained in any application for registration
or re-registration of a dealer or limited Canadian dealer
shall be reported to the Secretary of State within 10
business days after the occurrence of such change; but in
respect to assets and liabilities only materially adverse
changes need be reported.
C. Any registered dealer, limited Canadian dealer, issuer,
or controlling person desiring to register a salesperson shall
file an application with the Secretary of State, in such form

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as the Secretary of State may by rule or regulation prescribe,
which the salesperson is required by this Section to provide to
the dealer, issuer, or controlling person, executed, verified,
or authenticated by the salesperson setting forth or
accompanied by:
(1) the name, residence and business address of the
salesperson;
(2) whether any federal or State license or
registration as dealer, limited Canadian dealer, or
salesperson has ever been refused the salesperson or
cancelled, suspended, revoked, withdrawn, barred, limited,
or otherwise adversely affected in a similar manner or
whether the salesperson has ever been censured or expelled;
(3) the nature of employment with, and names and
addresses of, employers of the salesperson for the 10 years
immediately preceding the date of application;
(4) a brief description of any civil or criminal
proceedings of which fraud is an essential element pending
against the salesperson, and whether the salesperson has
ever been convicted of a felony, or of any misdemeanor of
which fraud is an essential element;
(5) such additional information as the Secretary of
State may by rule, regulation or order prescribe as
necessary to determine the salesperson's business repute
and qualification to act as a salesperson; and
(6) no individual shall be registered or re-registered

SB2439 Engrossed - 276 - LRB100 18051 XWW 33240 b
as a salesperson under this Section unless and until such
individual has passed an examination conducted by the
Secretary of State or a self-regulatory organization of
securities dealers or similar person, which examination
has been designated by the Secretary of State by rule,
regulation or order to be satisfactory for purposes of
determining whether the applicant has sufficient knowledge
of the securities business and laws relating thereto to act
as a registered salesperson.
Any salesperson who was registered prior to September
30, 1963, and has continued to be so registered, and any
individual who has passed a securities salesperson
examination administered by the Secretary of State or an
examination designated by the Secretary of State by rule,
regulation or order to be satisfactory for purposes of
determining whether the applicant has sufficient knowledge
of the securities business and laws relating thereto to act
as a registered salesperson, shall not be required to pass
an examination in order to continue to act as a
salesperson. The Secretary of State may by order waive the
examination requirement for any applicant for registration
under this subsection C who has had such experience or
education relating to the securities business as may be
determined by the Secretary of State to be the equivalent
of such examination. Any request for such a waiver shall be
filed with the Secretary of State in such form as may be

SB2439 Engrossed - 277 - LRB100 18051 XWW 33240 b
prescribed by rule, regulation or order.
(7) The application for registration of a salesperson
shall be accompanied by a filing fee and a Securities Audit
and Enforcement Fund fee, each in the amount established
pursuant to Section 11a of this Act, which shall not be
returnable in any event.
(8) Any change which renders no longer accurate any
information contained in any application for registration
or re-registration as a salesperson shall be reported to
the Secretary of State within 10 business days after the
occurrence of such change. If the activities are terminated
which rendered an individual a salesperson for the dealer,
issuer or controlling person, the dealer, issuer or
controlling person, as the case may be, shall notify the
Secretary of State, in writing, within 30 days of the
salesperson's cessation of activities, using the
appropriate termination notice form.
(9) A registered salesperson may transfer his or her
registration under this Section 8 for the unexpired term
thereof from one registered dealer or limited Canadian
dealer to another by the giving of notice of the transfer
by the new registered dealer or limited Canadian dealer to
the Secretary of State in such form and subject to such
conditions as the Secretary of State shall by rule or
regulation prescribe. The new registered dealer or limited
Canadian dealer shall promptly file an application for

SB2439 Engrossed - 278 - LRB100 18051 XWW 33240 b
registration of such salesperson as provided in this
subsection C, accompanied by the filing fee prescribed by
paragraph (7) of this subsection C.
C-5. Except with respect to federal covered investment
advisers whose only clients are investment companies as defined
in the Federal 1940 Act, other investment advisers, federal
covered investment advisers, or any similar person which the
Secretary of State may prescribe by rule or order, a federal
covered investment adviser shall file with the Secretary of
State, prior to acting as a federal covered investment adviser
in this State, such documents as have been filed with the
Securities and Exchange Commission as the Secretary of State by
rule or order may prescribe. The notification of a federal
covered investment adviser shall be accompanied by a
notification filing fee established pursuant to Section 11a of
this Act, which shall not be returnable in any event. Every
person acting as a federal covered investment adviser in this
State shall file a notification filing and pay an annual
notification filing fee established pursuant to Section 11a of
this Act, which is not returnable in any event. The failure to
file any such notification shall constitute a violation of
subsection D of Section 12 of this Act, subject to the
penalties enumerated in Section 14 of this Act. Until October
10, 1999 or other date as may be legally permissible, a federal
covered investment adviser who fails to file the notification

SB2439 Engrossed - 279 - LRB100 18051 XWW 33240 b
or refuses to pay the fees as required by this subsection shall
register as an investment adviser with the Secretary of State
under Section 8 of this Act. The civil remedies provided for in
subsection A of Section 13 of this Act and the civil remedies
of rescission and appointment of receiver, conservator,
ancillary receiver, or ancillary conservator provided for in
subsection F of Section 13 of this Act shall not be available
against any person by reason of the failure to file any such
notification or to pay the notification fee or on account of
the contents of any such notification.
D. An application for registration as an investment
adviser, executed, verified, or authenticated by or on behalf
of the applicant, shall be filed with the Secretary of State,
in such form as the Secretary of State may by rule or
regulation prescribe, setting forth or accompanied by:
(1) The name and form of organization under which the
investment adviser engages or intends to engage in
business; the state or country and date of its
organization; the location of the adviser's principal
business office and branch offices, if any; the names and
addresses of the adviser's principal, partners, officers,
directors, and persons performing similar functions or, if
the investment adviser is an individual, of the individual;
and the number of the adviser's employees who perform
investment advisory functions;

SB2439 Engrossed - 280 - LRB100 18051 XWW 33240 b
(2) The education, the business affiliations for the
past 10 years, and the present business affiliations of the
investment adviser and of the adviser's principal,
partners, officers, directors, and persons performing
similar functions and of any person controlling the
investment adviser;
(3) The nature of the business of the investment
adviser, including the manner of giving advice and
rendering analyses or reports;
(4) The nature and scope of the authority of the
investment adviser with respect to clients' funds and
accounts;
(5) The basis or bases upon which the investment
adviser is compensated;
(6) Whether the investment adviser or any principal,
partner, officer, director, person performing similar
functions or person controlling the investment adviser (i)
within 10 years of the filing of the application has been
convicted of a felony, or of any misdemeanor of which fraud
is an essential element, or (ii) is permanently or
temporarily enjoined by order or judgment from acting as an
investment adviser, underwriter, dealer, principal or
salesperson, or from engaging in or continuing any conduct
or practice in connection with any such activity or in
connection with the purchase or sale of any security, and
in each case the facts relating to the conviction, order or

SB2439 Engrossed - 281 - LRB100 18051 XWW 33240 b
judgment;
(7) (a) A statement as to whether the investment
adviser is engaged or is to engage primarily in the
business of rendering investment supervisory services; and
(b) A statement that the investment adviser will
furnish his, her, or its clients with such information as
the Secretary of State deems necessary in the form
prescribed by the Secretary of State by rule or regulation;
(8) Such additional information as the Secretary of
State may, by rule, regulation or order prescribe as
necessary to determine the applicant's financial
responsibility, business repute and qualification to act
as an investment adviser.
(9) No applicant shall be registered or re-registered
as an investment adviser under this Section unless and
until each principal of the applicant who is actively
engaged in the conduct and management of the applicant's
advisory business in this State has passed an examination
or completed an educational program conducted by the
Secretary of State or an association of investment advisers
or similar person, which examination or educational
program has been designated by the Secretary of State by
rule, regulation or order to be satisfactory for purposes
of determining whether the applicant has sufficient
knowledge of the securities business and laws relating
thereto to conduct the business of a registered investment

SB2439 Engrossed - 282 - LRB100 18051 XWW 33240 b
adviser.
Any person who was a registered investment adviser
prior to September 30, 1963, and has continued to be so
registered, and any individual who has passed an investment
adviser examination administered by the Secretary of
State, or passed an examination or completed an educational
program designated by the Secretary of State by rule,
regulation or order to be satisfactory for purposes of
determining whether the applicant has sufficient knowledge
of the securities business and laws relating thereto to
conduct the business of a registered investment adviser,
shall not be required to pass an examination or complete an
educational program in order to continue to act as an
investment adviser. The Secretary of State may by order
waive the examination or educational program requirement
for any applicant for registration under this subsection D
if the principal of the applicant who is actively engaged
in the conduct and management of the applicant's advisory
business in this State has had such experience or education
relating to the securities business as may be determined by
the Secretary of State to be the equivalent of the
examination or educational program. Any request for a
waiver shall be filed with the Secretary of State in such
form as may be prescribed by rule or regulation.
(10) No applicant shall be registered or re-registered
as an investment adviser under this Section 8 unless the

SB2439 Engrossed - 283 - LRB100 18051 XWW 33240 b
application for registration or re-registration is
accompanied by an application for registration or
re-registration for each person acting as an investment
adviser representative on behalf of the adviser and a
Securities Audit and Enforcement Fund fee that shall not be
returnable in any event is paid with respect to each
investment adviser representative.
(11) The application for registration of an investment
adviser shall be accompanied by a filing fee and a fee for
each branch office in this State, in each case in the
amount established pursuant to Section 11a of this Act,
which fees shall not be returnable in any event.
(12) The Secretary of State shall notify the investment
adviser by written notice (which may be by electronic or
facsimile transmission) of the effectiveness of the
registration as an investment adviser in this State.
(13) Any change which renders no longer accurate any
information contained in any application for registration
or re-registration of an investment adviser shall be
reported to the Secretary of State within 10 business days
after the occurrence of the change. In respect to assets
and liabilities of an investment adviser that retains
custody of clients' cash or securities or accepts
pre-payment of fees in excess of $500 per client and 6 or
more months in advance only materially adverse changes need
be reported by written notice (which may be by electronic

SB2439 Engrossed - 284 - LRB100 18051 XWW 33240 b
or facsimile transmission) no later than the close of
business on the second business day following the discovery
thereof.
(14) Each application for registration as an
investment adviser shall become effective automatically on
the 45th day following the filing of the application,
required documents or information, and payment of the
required fee unless (i) the Secretary of State has
registered the investment adviser prior to that date or
(ii) an action with respect to the applicant is pending
under Section 11 of this Act.
D-5. A registered investment adviser or federal covered
investment adviser desiring to register an investment adviser
representative shall file an application with the Secretary of
State, in the form as the Secretary of State may by rule or
order prescribe, which the investment adviser representative
is required by this Section to provide to the investment
adviser, executed, verified, or authenticated by the
investment adviser representative and setting forth or
accompanied by:
(1) The name, residence, and business address of the
investment adviser representative;
(2) A statement whether any federal or state license or
registration as a dealer, salesperson, investment adviser,
or investment adviser representative has ever been

SB2439 Engrossed - 285 - LRB100 18051 XWW 33240 b
refused, canceled, suspended, revoked or withdrawn;
(3) The nature of employment with, and names and
addresses of, employers of the investment adviser
representative for the 10 years immediately preceding the
date of application;
(4) A brief description of any civil or criminal
proceedings, of which fraud is an essential element,
pending against the investment adviser representative and
whether the investment adviser representative has ever
been convicted of a felony or of any misdemeanor of which
fraud is an essential element;
(5) Such additional information as the Secretary of
State may by rule or order prescribe as necessary to
determine the investment adviser representative's business
repute or qualification to act as an investment adviser
representative;
(6) Documentation that the individual has passed an
examination conducted by the Secretary of State, an
organization of investment advisers, or similar person,
which examination has been designated by the Secretary of
State by rule or order to be satisfactory for purposes of
determining whether the applicant has sufficient knowledge
of the investment advisory or securities business and laws
relating to that business to act as a registered investment
adviser representative; and
(7) A Securities Audit and Enforcement Fund fee

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established under Section 11a of this Act, which shall not
be returnable in any event.
The Secretary of State may by order waive the examination
requirement for an applicant for registration under this
subsection D-5 who has had the experience or education relating
to the investment advisory or securities business as may be
determined by the Secretary of State to be the equivalent of
the examination. A request for a waiver shall be filed with the
Secretary of State in the form as may be prescribed by rule or
order.
A change that renders no longer accurate any information
contained in any application for registration or
re-registration as an investment adviser representative must
be reported to the Secretary of State within 10 business days
after the occurrence of the change. If the activities that
rendered an individual an investment adviser representative
for the investment adviser are terminated, the investment
adviser shall notify the Secretary of State in writing (which
may be by electronic or facsimile transmission), within 30 days
of the investment adviser representative's termination, using
the appropriate termination notice form as the Secretary of
State may prescribe by rule or order.
A registered investment adviser representative may
transfer his or her registration under this Section 8 for the
unexpired term of the registration from one registered
investment adviser to another by the giving of notice of the

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transfer by the new investment adviser to the Secretary of
State in the form and subject to the conditions as the
Secretary of State shall prescribe. The new registered
investment adviser shall promptly file an application for
registration of the investment adviser representative as
provided in this subsection, accompanied by the Securities
Audit and Enforcement Fund fee prescribed by paragraph (7) of
this subsection D-5.
E. (1) Subject to the provisions of subsection F of Section
11 of this Act, the registration of a dealer, limited Canadian
dealer, salesperson, investment adviser, or investment adviser
representative may be denied, suspended or revoked if the
Secretary of State finds that the dealer, limited Canadian
dealer, Internet portal, salesperson, investment adviser, or
investment adviser representative or any principal officer,
director, partner, member, trustee, manager or any person who
performs a similar function of the dealer, limited Canadian
dealer, Internet portal, or investment adviser:
(a) has been convicted of any felony during the 10 year
period preceding the date of filing of any application for
registration or at any time thereafter, or of any
misdemeanor of which fraud is an essential element;
(b) has engaged in any unethical practice in connection
with any security, or in any fraudulent business practice;
(c) has failed to account for any money or property, or

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has failed to deliver any security, to any person entitled
thereto when due or within a reasonable time thereafter;
(d) in the case of a dealer, limited Canadian dealer,
or investment adviser, is insolvent;
(e) in the case of a dealer, limited Canadian dealer,
salesperson, or registered principal of a dealer or limited
Canadian dealer (i) has failed reasonably to supervise the
securities activities of any of its salespersons or other
employees and the failure has permitted or facilitated a
violation of Section 12 of this Act or (ii) is offering or
selling or has offered or sold securities in this State
through a salesperson other than a registered salesperson,
or, in the case of a salesperson, is selling or has sold
securities in this State for a dealer, limited Canadian
dealer, issuer or controlling person with knowledge that
the dealer, limited Canadian dealer, issuer or controlling
person has not complied with the provisions of this Act or
(iii) has failed reasonably to supervise the
implementation of compliance measures following notice by
the Secretary of State of noncompliance with the Act or
with the regulations promulgated thereunder or both or (iv)
has failed to maintain and enforce written procedures to
supervise the types of business in which it engages and to
supervise the activities of its salespersons that are
reasonably designed to achieve compliance with applicable
securities laws and regulations;

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(f) in the case of an investment adviser, has failed
reasonably to supervise the advisory activities of any of
its investment adviser representatives or employees and
the failure has permitted or facilitated a violation of
Section 12 of this Act;
(g) has violated any of the provisions of this Act;
(h) has made any material misrepresentation to the
Secretary of State in connection with any information
deemed necessary by the Secretary of State to determine a
dealer's, limited Canadian dealer's, or investment
adviser's financial responsibility or a dealer's, limited
Canadian dealer's, investment adviser's, salesperson's, or
investment adviser representative's business repute or
qualifications, or has refused to furnish any such
information requested by the Secretary of State;
(i) has had a license or registration under any Federal
or State law regulating securities, commodity futures
contracts, or stock futures contracts refused, cancelled,
suspended, withdrawn, revoked, or otherwise adversely
affected in a similar manner;
(j) has had membership in or association with any
self-regulatory organization registered under the Federal
1934 Act or the Federal 1974 Act suspended, revoked,
refused, expelled, cancelled, barred, limited in any
capacity, or otherwise adversely affected in a similar
manner arising from any fraudulent or deceptive act or a

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practice in violation of any rule, regulation or standard
duly promulgated by the self-regulatory organization;
(k) has had any order entered against it after notice
and opportunity for hearing by a securities agency of any
state, any foreign government or agency thereof, the
Securities and Exchange Commission, or the Federal
Commodities Futures Trading Commission arising from any
fraudulent or deceptive act or a practice in violation of
any statute, rule or regulation administered or
promulgated by the agency or commission;
(l) in the case of a dealer or limited Canadian dealer,
fails to maintain a minimum net capital in an amount which
the Secretary of State may by rule or regulation require;
(m) has conducted a continuing course of dealing of
such nature as to demonstrate an inability to properly
conduct the business of the dealer, limited Canadian
dealer, salesperson, investment adviser, or investment
adviser representative;
(n) has had, after notice and opportunity for hearing,
any injunction or order entered against it or license or
registration refused, cancelled, suspended, revoked,
withdrawn, limited, or otherwise adversely affected in a
similar manner by any state or federal body, agency or
commission regulating banking, insurance, finance or small
loan companies, real estate or mortgage brokers or
companies, if the action resulted from any act found by the

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body, agency or commission to be a fraudulent or deceptive
act or practice in violation of any statute, rule or
regulation administered or promulgated by the body, agency
or commission;
(o) has failed to file a return, or to pay the tax,
penalty or interest shown in a filed return, or to pay any
final assessment of tax, penalty or interest, as required
by any tax Act administered by the Illinois Department of
Revenue, until such time as the requirements of that tax
Act are satisfied;
(p) (blank); in the case of a natural person who is a
dealer, limited Canadian dealer, salesperson, investment
adviser, or investment adviser representative, has
defaulted on an educational loan guaranteed by the Illinois
Student Assistance Commission, until the natural person
has established a satisfactory repayment record as
determined by the Illinois Student Assistance Commission;
(q) has failed to maintain the books and records
required under this Act or rules or regulations promulgated
under this Act or under any requirements established by the
Securities and Exchange Commission or a self-regulatory
organization;
(r) has refused to allow or otherwise impeded designees
of the Secretary of State from conducting an audit,
examination, inspection, or investigation provided for
under Section 8 or 11 of this Act;

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(s) has failed to maintain any minimum net capital or
bond requirement set forth in this Act or any rule or
regulation promulgated under this Act;
(t) has refused the Secretary of State or his or her
designee access to any office or location within an office
to conduct an investigation, audit, examination, or
inspection;
(u) has advised or caused a public pension fund or
retirement system established under the Illinois Pension
Code to make an investment or engage in a transaction not
authorized by that Code;
(v) if a corporation, limited liability company, or
limited liability partnership has been suspended,
canceled, revoked, or has failed to register as a foreign
corporation, limited liability company, or limited
liability partnership with the Secretary of State;
(w) is permanently or temporarily enjoined by any court
of competent jurisdiction, including any state, federal,
or foreign government, from engaging in or continuing any
conduct or practice involving any aspect of the securities
or commodities business or in any other business where the
conduct or practice enjoined involved investments,
franchises, insurance, banking, or finance;
(2) If the Secretary of State finds that any registrant or
applicant for registration is no longer in existence or has
ceased to do business as a dealer, limited Canadian dealer,

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Internet portal, salesperson, investment adviser, or
investment adviser representative, or is subject to an
adjudication as a person under legal disability or to the
control of a guardian, or cannot be located after reasonable
search, or has failed after written notice to pay to the
Secretary of State any additional fee prescribed by this
Section or specified by rule or regulation, or if a natural
person, has defaulted on an educational loan guaranteed by the
Illinois Student Assistance Commission, the Secretary of State
may by order cancel the registration or application.
(3) Withdrawal of an application for registration or
withdrawal from registration as a dealer, limited Canadian
dealer, salesperson, investment adviser, or investment adviser
representative becomes effective 30 days after receipt of an
application to withdraw or within such shorter period of time
as the Secretary of State may determine, unless any proceeding
is pending under Section 11 of this Act when the application is
filed or a proceeding is instituted within 30 days after the
application is filed. If a proceeding is pending or instituted,
withdrawal becomes effective at such time and upon such
conditions as the Secretary of State by order determines. If no
proceeding is pending or instituted and withdrawal
automatically becomes effective, the Secretary of State may
nevertheless institute a revocation or suspension proceeding
within 2 years after withdrawal became effective and enter a
revocation or suspension order as of the last date on which

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registration was effective.
F. The Secretary of State shall make available upon request
the date that each dealer, investment adviser, salesperson, or
investment adviser representative was granted registration,
together with the name and address of the dealer, limited
Canadian dealer, or issuer on whose behalf the salesperson is
registered, and all orders of the Secretary of State denying or
abandoning an application, or suspending or revoking
registration, or censuring the persons. The Secretary of State
may designate by rule, regulation or order the statements,
information or reports submitted to or filed with him or her
pursuant to this Section 8 which the Secretary of State
determines are of a sensitive nature and therefore should be
exempt from public disclosure. Any such statement, information
or report shall be deemed confidential and shall not be
disclosed to the public except upon the consent of the person
filing or submitting the statement, information or report or by
order of court or in court proceedings.
G. The registration or re-registration of a dealer or
limited Canadian dealer and of all salespersons registered upon
application of the dealer or limited Canadian dealer shall
expire on the next succeeding anniversary date of the
registration or re-registration of the dealer; and the
registration or re-registration of an investment adviser and of

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all investment adviser representatives registered upon
application of the investment adviser shall expire on the next
succeeding anniversary date of the registration of the
investment adviser; provided, that the Secretary of State may
by rule or regulation prescribe an alternate date which any
dealer registered under the Federal 1934 Act or a member of any
self-regulatory association approved pursuant thereto, a
member of a self-regulatory organization or stock exchange in
Canada, or any investment adviser may elect as the expiration
date of its dealer or limited Canadian dealer and salesperson
registrations, or the expiration date of its investment adviser
registration, as the case may be. A registration of a
salesperson registered upon application of an issuer or
controlling person shall expire on the next succeeding
anniversary date of the registration, or upon termination or
expiration of the registration of the securities, if any,
designated in the application for his or her registration or
the alternative date as the Secretary may prescribe by rule or
regulation. Subject to paragraph (9) of subsection C of this
Section 8, a salesperson's registration also shall terminate
upon cessation of his or her employment, or termination of his
or her appointment or authorization, in each case by the person
who applied for the salesperson's registration, provided that
the Secretary of State may by rule or regulation prescribe an
alternate date for the expiration of the registration.

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H. Applications for re-registration of dealers, limited
Canadian dealers, Internet portals, salespersons, investment
advisers, and investment adviser representatives shall be
filed with the Secretary of State prior to the expiration of
the then current registration and shall contain such
information as may be required by the Secretary of State upon
initial application with such omission therefrom or addition
thereto as the Secretary of State may authorize or prescribe.
Each application for re-registration of a dealer, limited
Canadian dealer, Internet portal, or investment adviser shall
be accompanied by a filing fee, each application for
re-registration as a salesperson shall be accompanied by a
filing fee and a Securities Audit and Enforcement Fund fee
established pursuant to Section 11a of this Act, and each
application for re-registration as an investment adviser
representative shall be accompanied by a Securities Audit and
Enforcement Fund fee established under Section 11a of this Act,
which shall not be returnable in any event. Notwithstanding the
foregoing, applications for re-registration of dealers,
limited Canadian dealers, Internet portals, and investment
advisers may be filed within 30 days following the expiration
of the registration provided that the applicant pays the annual
registration fee together with an additional amount equal to
the annual registration fee and files any other information or
documents that the Secretary of State may prescribe by rule or
regulation or order. Any application filed within 30 days

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following the expiration of the registration shall be
automatically effective as of the time of the earlier
expiration provided that the proper fee has been paid to the
Secretary of State.
Each registered dealer, limited Canadian dealer, Internet
portal, or investment adviser shall continue to be registered
if the registrant changes his, her, or its form of organization
provided that the dealer or investment adviser files an
amendment to his, her, or its application not later than 30
days following the occurrence of the change and pays the
Secretary of State a fee in the amount established under
Section 11a of this Act.
I. (1) Every registered dealer, limited Canadian dealer,
Internet portal, and investment adviser shall make and keep for
such periods, such accounts, correspondence, memoranda,
papers, books and records as the Secretary of State may by rule
or regulation prescribe. All records so required shall be
preserved for 3 years unless the Secretary of State by rule,
regulation or order prescribes otherwise for particular types
of records.
(2) Every registered dealer, limited Canadian dealer,
Internet portal, and investment adviser shall file such
financial reports as the Secretary of State may by rule or
regulation prescribe.
(3) All the books and records referred to in paragraph (1)

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of this subsection I are subject at any time or from time to
time to such reasonable periodic, special or other audits,
examinations, or inspections by representatives of the
Secretary of State, within or without this State, as the
Secretary of State deems necessary or appropriate in the public
interest or for the protection of investors.
(4) At the time of an audit, examination, or inspection,
the Secretary of State, by his or her designees, may conduct an
interview of any person employed or appointed by or affiliated
with a registered dealer, limited Canadian dealer, Internet
portal, or investment advisor, provided that the dealer,
limited Canadian dealer, Internet portal, or investment
advisor shall be given reasonable notice of the time and place
for the interview. At the option of the dealer, limited
Canadian dealer, Internet portal, or investment advisor, a
representative of the dealer or investment advisor with
supervisory responsibility over the individual being
interviewed may be present at the interview.
J. The Secretary of State may require by rule or regulation
the payment of an additional fee for the filing of information
or documents required to be filed by this Section which have
not been filed in a timely manner. The Secretary of State may
also require by rule or regulation the payment of an
examination fee for administering any examination which it may
conduct pursuant to subsection B, C, D, or D-5 of this Section

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8.
K. The Secretary of State may declare any application for
registration or limited registration under this Section 8
abandoned by order if the applicant fails to pay any fee or
file any information or document required under this Section 8
or by rule or regulation for more than 30 days after the
required payment or filing date. The applicant may petition the
Secretary of State for a hearing within 15 days after the
applicant's receipt of the order of abandonment, provided that
the petition sets forth the grounds upon which the applicant
seeks a hearing.
L. Any document being filed pursuant to this Section 8
shall be deemed filed, and any fee being paid pursuant to this
Section 8 shall be deemed paid, upon the date of actual receipt
thereof by the Secretary of State or his or her designee.
M. (Blank). The Secretary of State shall provide to the
Illinois Student Assistance Commission annually or at mutually
agreed periodic intervals the names and social security numbers
of natural persons registered under subsections B, C, D, and
D-5 of this Section. The Illinois Student Assistance Commission
shall determine if any student loan defaulter is registered as
a dealer, limited Canadian dealer, Internet portal
salesperson, or investment adviser under this Act and report

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its determination to the Secretary of State or his or her
designee.
(Source: P.A. 99-182, eff. 1-1-16.)
Section 999. Effective date. This Act takes effect upon
becoming law.