Illinois 100th Regular Session Status: Enacted

SB 2439 — LICENSES-EDUCATIONAL LOAN-ISAC

Last action — Public Act . . . . . . . . . 100-0872

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 30, 2018. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    0 primary, 2 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

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.

Bill Text

What changed in the latest version

300 added · 300 removed

Plain-language change summary

The latest version of Bill SB 2439 has introduced a number of new provisions while removing some existing text. These changes are important because they may include updated requirements or regulations that address current issues, making the bill more effective. The focus on adding new lines suggests an effort to clarify intentions or enhance protections within the legislation, directly impacting how it will be implemented. Overall, the modifications aim to ensure that the law better meets the needs of the community it serves.

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SB2439 Engrossed LRB100 18051 XWW 33240 b AN ACT concerning regulation.
SB2439 Enrolled LRB100 18051 XWW 33240 b AN ACT concerning regulation.
SB2439 Engrossed - 2 - LRB100 18051 XWW 33240 b (a) The Department has, subject to the provisions of the Civil Administrative Code of Illinois, the following powers and duties:
SB2439 Enrolled - 2 - LRB100 18051 XWW 33240 b (a) The Department has, subject to the provisions of the Civil Administrative Code of Illinois, the following powers and duties:
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, SB2439 Engrossed - 3 - LRB100 18051 XWW 33240 b sexual orientation, or national origin shall be considered reputable and in good standing.
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, SB2439 Enrolled - 3 - LRB100 18051 XWW 33240 b sexual orientation, or national origin shall be considered reputable and in good standing.
Additionally, beginning June 1, 1996, any license issued by SB2439 Engrossed - 4 - LRB100 18051 XWW 33240 b 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.
Additionally, beginning June 1, 1996, any license issued by SB2439 Enrolled - 4 - LRB100 18051 XWW 33240 b 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.
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 SB2439 Engrossed - 5 - LRB100 18051 XWW 33240 b 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, 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 SB2439 Enrolled - 5 - LRB100 18051 XWW 33240 b Illinois Department of Public Aid) or if the person is determined by the court to be in compliance with the Non-Support Punishment Act.
SB2439 Engrossed - 6 - LRB100 18051 XWW 33240 b 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).
SB2439 Enrolled - 6 - LRB100 18051 XWW 33240 b 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).
(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 SB2439 Engrossed - 7 - LRB100 18051 XWW 33240 b Department may apply for restoration of that license, certification, or authority until 3 years after the effective date of the revocation.
(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 SB2439 Enrolled - 7 - LRB100 18051 XWW 33240 b Department may apply for restoration of that license, certification, or authority until 3 years after the effective date of the revocation.
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 SB2439 Engrossed - 8 - LRB100 18051 XWW 33240 b this Section;
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 SB2439 Enrolled - 8 - LRB100 18051 XWW 33240 b this Section;
(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 SB2439 Engrossed - 9 - LRB100 18051 XWW 33240 b 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;
(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 SB2439 Enrolled - 9 - LRB100 18051 XWW 33240 b 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;
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 SB2439 Engrossed - 10 - LRB100 18051 XWW 33240 b before the Department to dispute the matters contained in the order.
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 SB2439 Enrolled - 10 - LRB100 18051 XWW 33240 b before the Department to dispute the matters contained in the order.
(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 SB2439 Engrossed - 11 - LRB100 18051 XWW 33240 b 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.
(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 SB2439 Enrolled - 11 - LRB100 18051 XWW 33240 b 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.
(3) the Department has no pending investigations SB2439 Engrossed - 12 - LRB100 18051 XWW 33240 b against the licensee;
(3) the Department has no pending investigations SB2439 Enrolled - 12 - LRB100 18051 XWW 33240 b against the licensee;
(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 SB2439 Engrossed - 13 - LRB100 18051 XWW 33240 b fee.
(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 SB2439 Enrolled - 13 - LRB100 18051 XWW 33240 b fee.
The Nuclear Safety Law of 2004 is amended by SB2439 Engrossed - 14 - LRB100 18051 XWW 33240 b repealing Section 80.
The Nuclear Safety Law of 2004 is amended by SB2439 Enrolled - 14 - LRB100 18051 XWW 33240 b repealing Section 80.
(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 SB2439 Engrossed - 15 - LRB100 18051 XWW 33240 b 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.
(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 SB2439 Enrolled - 15 - LRB100 18051 XWW 33240 b 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.
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 SB2439 Engrossed - 16 - LRB100 18051 XWW 33240 b consider factors that include without limitation all of the following:
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 SB2439 Enrolled - 16 - LRB100 18051 XWW 33240 b consider factors that include without limitation all of the following:
When initiating an action against one or more licenses, the SB2439 Engrossed - 17 - LRB100 18051 XWW 33240 b State Superintendent may seek required professional development as a sanction in lieu of or in addition to suspension or revocation.
When initiating an action against one or more licenses, the SB2439 Enrolled - 17 - LRB100 18051 XWW 33240 b State Superintendent may seek required professional development as a sanction in lieu of or in addition to suspension or revocation.
If the State Superintendent of SB2439 Engrossed - 18 - LRB100 18051 XWW 33240 b 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 the State Superintendent of SB2439 Enrolled - 18 - LRB100 18051 XWW 33240 b 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.
SB2439 Engrossed - 19 - LRB100 18051 XWW 33240 b 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.
SB2439 Enrolled - 19 - LRB100 18051 XWW 33240 b 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.
SB2439 Engrossed - 20 - LRB100 18051 XWW 33240 b (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.
SB2439 Enrolled - 20 - LRB100 18051 XWW 33240 b (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.
(g) Any circuit court, upon the application of the State Superintendent of Education or the license holder, may, by SB2439 Engrossed - 21 - LRB100 18051 XWW 33240 b 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.
(g) Any circuit court, upon the application of the State Superintendent of Education or the license holder, may, by SB2439 Enrolled - 21 - LRB100 18051 XWW 33240 b 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.
and determine whether all or any part of a recipient's scholarship needs to be monetarily repaid, or has been excused from SB2439 Engrossed - 22 - LRB100 18051 XWW 33240 b repayment, and the extent of any repayment or excused repayment.
and determine whether all or any part of a recipient's scholarship needs to be monetarily repaid, or has been excused from SB2439 Enrolled - 22 - LRB100 18051 XWW 33240 b repayment, and the extent of any repayment or excused repayment.
SB2439 Engrossed - 23 - LRB100 18051 XWW 33240 b (1) providing incorrect, misleading, incomplete, or materially untrue information in the license application;
SB2439 Enrolled - 23 - LRB100 18051 XWW 33240 b (1) providing incorrect, misleading, incomplete, or materially untrue information in the license application;
(9) having an insurance producer license, or its equivalent, denied, suspended, or revoked in any other SB2439 Engrossed - 24 - LRB100 18051 XWW 33240 b state, province, district or territory;
(9) having an insurance producer license, or its equivalent, denied, suspended, or revoked in any other SB2439 Enrolled - 24 - LRB100 18051 XWW 33240 b state, province, district or territory;
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 applicant or licensee SB2439 Enrolled - 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.
(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.
(f) Upon the suspension, denial, or revocation of a SB2439 Enrolled - 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.
(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 SB2439 Engrossed - 27 - LRB100 18051 XWW 33240 b following:
(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 SB2439 Enrolled - 27 - LRB100 18051 XWW 33240 b following:
(J) Habitual or excessive use or abuse of drugs defined in law as controlled substances, alcohol, or any other SB2439 Engrossed - 28 - LRB100 18051 XWW 33240 b substance that results in the inability to practice with reasonable judgment, skill, or safety;
(J) Habitual or excessive use or abuse of drugs defined in law as controlled substances, alcohol, or any other SB2439 Enrolled - 28 - LRB100 18051 XWW 33240 b substance that results in the inability to practice with reasonable judgment, skill, or safety;
SB2439 Engrossed - 29 - LRB100 18051 XWW 33240 b (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;
SB2439 Enrolled - 29 - LRB100 18051 XWW 33240 b (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;
(V) Willfully violating or knowingly assisting in the violation of any law of this State relating to the practice SB2439 Engrossed - 30 - LRB100 18051 XWW 33240 b of abortion;
(V) Willfully violating or knowingly assisting in the violation of any law of this State relating to the practice SB2439 Enrolled - 30 - LRB100 18051 XWW 33240 b of abortion;
SB2439 Engrossed - 31 - LRB100 18051 XWW 33240 b 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.
SB2439 Enrolled - 31 - LRB100 18051 XWW 33240 b 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.
(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 SB2439 Engrossed - 32 - LRB100 18051 XWW 33240 b 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.
(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 SB2439 Enrolled - 32 - LRB100 18051 XWW 33240 b 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 may order the SB2439 Engrossed - 33 - LRB100 18051 XWW 33240 b 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.
The Department may order the SB2439 Enrolled - 33 - LRB100 18051 XWW 33240 b 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.
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.
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 Enrolled - 34 - LRB100 18051 XWW 33240 b condition for continued, reinstated, or renewed licensure.
(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.
(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 Enrolled - 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.
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.
SB2439 Enrolled - 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.
(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.
(k) Discipline by another state, the District of SB2439 Enrolled - 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.
(p) Practicing under a false or, except as provided by SB2439 Engrossed - 38 - LRB100 18051 XWW 33240 b law, an assumed name.
(p) Practicing under a false or, except as provided by SB2439 Enrolled - 38 - LRB100 18051 XWW 33240 b law, an assumed name.
(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.
(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 Enrolled - 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.
(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.
(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 Enrolled - 40 - LRB100 18051 XWW 33240 b Code, operates as an automatic suspension.
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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.
A person holding a license under this Act or who has applied for a license under this Act who, because of a physical SB2439 Enrolled - 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.
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.
SB2439 Enrolled - 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.
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.
jurisdiction, any misdemeanor an essential element of which is dishonesty, or any crime that is directly related SB2439 Enrolled - 43 - LRB100 18051 XWW 33240 b to the practice of the profession.
(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.
(12) Willfully making or filing false records or reports in his or her practice, including, but not limited SB2439 Enrolled - 44 - LRB100 18051 XWW 33240 b to, false records filed with State agencies or departments.
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;
SB2439 Enrolled - 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;
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.
No information shall be excluded by SB2439 Enrolled - 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.
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.
SB2439 Enrolled - 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.
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.
SB2439 Enrolled - 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.
(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 SB2439 Engrossed - 49 - LRB100 18051 XWW 33240 b of the following:
(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 SB2439 Enrolled - 49 - LRB100 18051 XWW 33240 b of the following:
SB2439 Engrossed - 50 - LRB100 18051 XWW 33240 b (6) (Blank).
SB2439 Enrolled - 50 - LRB100 18051 XWW 33240 b (6) (Blank).
(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 SB2439 Engrossed - 51 - LRB100 18051 XWW 33240 b or the need for an outer burial container.
(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 SB2439 Enrolled - 51 - LRB100 18051 XWW 33240 b or the need for an outer burial container.
(19) Engaging in dishonorable, unethical, or SB2439 Engrossed - 52 - LRB100 18051 XWW 33240 b unprofessional conduct of a character likely to deceive, defraud or harm the public.
(19) Engaging in dishonorable, unethical, or SB2439 Enrolled - 52 - LRB100 18051 XWW 33240 b unprofessional conduct of a character likely to deceive, defraud or harm the public.
(23) Failing to account for or remit any monies, documents, or personal property that belongs to others that SB2439 Engrossed - 53 - LRB100 18051 XWW 33240 b comes into a licensee's possession.
(23) Failing to account for or remit any monies, documents, or personal property that belongs to others that SB2439 Enrolled - 53 - LRB100 18051 XWW 33240 b comes into a licensee's possession.
SB2439 Engrossed - 54 - LRB100 18051 XWW 33240 b (33) Mental illness or disability which results in the inability to practice the profession with reasonable judgment, skill, or safety.
SB2439 Enrolled - 54 - LRB100 18051 XWW 33240 b (33) Mental illness or disability which results in the inability to practice the profession with reasonable judgment, skill, or safety.
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 SB2439 Engrossed - 55 - LRB100 18051 XWW 33240 b prevail.
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 SB2439 Enrolled - 55 - LRB100 18051 XWW 33240 b prevail.
(iv) the supplemental items of service and merchandise requested and the SB2439 Engrossed - 56 - LRB100 18051 XWW 33240 b price of each item;
(iv) the supplemental items of service and merchandise requested and the SB2439 Enrolled - 56 - LRB100 18051 XWW 33240 b price of each item;
If the SB2439 Engrossed - 57 - LRB100 18051 XWW 33240 b 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.
If the SB2439 Enrolled - 57 - LRB100 18051 XWW 33240 b 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.
(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.
(39) Being named as a perpetrator in an indicated report by the Department of Children and Family Services SB2439 Enrolled - 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.
(d) No action may be taken under this Code against a person licensed under this Code unless the action is commenced within SB2439 Engrossed - 59 - LRB100 18051 XWW 33240 b 5 years after the occurrence of the alleged violations.
(d) No action may be taken under this Code against a person licensed under this Code unless the action is commenced within SB2439 Enrolled - 59 - LRB100 18051 XWW 33240 b 5 years after the occurrence of the alleged violations.
(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 SB2439 Engrossed - 60 - LRB100 18051 XWW 33240 b 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.
(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 SB2439 Enrolled - 60 - LRB100 18051 XWW 33240 b 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.
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.
The suspension may end only upon a finding by a court that the licensee is no longer subject to the involuntary admission or SB2439 Enrolled - 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.
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.
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 Enrolled - 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.
An individual licensed under this Code and affected under SB2439 Engrossed - 63 - LRB100 18051 XWW 33240 b 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.
An individual licensed under this Code and affected under SB2439 Enrolled - 63 - LRB100 18051 XWW 33240 b 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.
(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.
(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 Enrolled - 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.
(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.
(11) Discipline by another jurisdiction if at least one SB2439 Enrolled - 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.
SB2439 Engrossed - 66 - LRB100 18051 XWW 33240 b (16) Willfully failing to report an instance of suspected child abuse or neglect as required by the Abused and Neglected Child Reporting Act.
SB2439 Enrolled - 66 - LRB100 18051 XWW 33240 b (16) Willfully failing to report an instance of suspected child abuse or neglect as required by the Abused and Neglected Child Reporting Act.
(23) Failure to establish and maintain records of SB2439 Engrossed - 67 - LRB100 18051 XWW 33240 b patient care and treatment as required by law.
(23) Failure to establish and maintain records of SB2439 Enrolled - 67 - LRB100 18051 XWW 33240 b patient care and treatment as required by law.
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.
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 Enrolled - 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.
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.
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 Enrolled - 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.
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.
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 Enrolled - 70 - LRB100 18051 XWW 33240 b to provide information, reports, records, or other documents or to provide any testimony regarding the examination and evaluation.
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.
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 Enrolled - 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.
(225 ILCS 57/45) SB2439 Engrossed - 72 - LRB100 18051 XWW 33240 b (Section scheduled to be repealed on January 1, 2022) Sec.
(225 ILCS 57/45) SB2439 Enrolled - 72 - LRB100 18051 XWW 33240 b (Section scheduled to be repealed on January 1, 2022) Sec.
SB2439 Engrossed - 73 - LRB100 18051 XWW 33240 b (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;
SB2439 Enrolled - 73 - LRB100 18051 XWW 33240 b (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;
SB2439 Engrossed - 74 - LRB100 18051 XWW 33240 b (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;
SB2439 Enrolled - 74 - LRB100 18051 XWW 33240 b (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;
SB2439 Engrossed - 75 - LRB100 18051 XWW 33240 b All fines shall be paid within 60 days of the effective date of the order imposing the fine.
SB2439 Enrolled - 75 - LRB100 18051 XWW 33240 b All fines shall be paid within 60 days of the effective date of the order imposing the fine.
SB2439 Engrossed - 76 - LRB100 18051 XWW 33240 b (e) (Blank).
SB2439 Enrolled - 76 - LRB100 18051 XWW 33240 b (e) (Blank).
SB2439 Engrossed - 77 - LRB100 18051 XWW 33240 b (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.
SB2439 Enrolled - 77 - LRB100 18051 XWW 33240 b (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.
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 SB2439 Engrossed - 78 - LRB100 18051 XWW 33240 b designated by the Department as a condition, term, or restriction for continued, reinstated, or renewed licensure to practice.
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 SB2439 Enrolled - 78 - LRB100 18051 XWW 33240 b designated by the Department as a condition, term, or restriction for continued, reinstated, or renewed licensure to practice.
SB2439 Engrossed - 79 - LRB100 18051 XWW 33240 b (Source:
SB2439 Enrolled - 79 - LRB100 18051 XWW 33240 b (Source:
(i) that is a felony or (ii) that is a misdemeanor, an essential SB2439 Engrossed - 80 - LRB100 18051 XWW 33240 b element of which is dishonesty, or that is directly related to the practice of the profession.
(i) that is a felony or (ii) that is a misdemeanor, an essential SB2439 Enrolled - 80 - LRB100 18051 XWW 33240 b element of which is dishonesty, or that is directly related to the practice of the profession.
(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 SB2439 Engrossed - 81 - LRB100 18051 XWW 33240 b rendered.
(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 SB2439 Enrolled - 81 - LRB100 18051 XWW 33240 b rendered.
(16) Willfully making or filing false records or reports relating to a licensee's practice, including but SB2439 Engrossed - 82 - LRB100 18051 XWW 33240 b not limited to, false records filed with State agencies or departments.
(16) Willfully making or filing false records or reports relating to a licensee's practice, including but SB2439 Enrolled - 82 - LRB100 18051 XWW 33240 b not limited to, false records filed with State agencies or departments.
SB2439 Engrossed - 83 - LRB100 18051 XWW 33240 b (25) Practicing under a false or, except as provided by law, an assumed name.
SB2439 Enrolled - 83 - LRB100 18051 XWW 33240 b (25) Practicing under a false or, except as provided by law, an assumed name.
(30) Use by a registered naprapath of the word "infirmary", "hospital", "school", "university", in English or any other language, in connection with the place SB2439 Engrossed - 84 - LRB100 18051 XWW 33240 b where naprapathy may be practiced or demonstrated.
(30) Use by a registered naprapath of the word "infirmary", "hospital", "school", "university", in English or any other language, in connection with the place SB2439 Enrolled - 84 - LRB100 18051 XWW 33240 b where naprapathy may be practiced or demonstrated.
SB2439 Engrossed - 85 - LRB100 18051 XWW 33240 b (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.
SB2439 Enrolled - 85 - LRB100 18051 XWW 33240 b (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.
(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 SB2439 Engrossed - 86 - LRB100 18051 XWW 33240 b 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) 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 SB2439 Enrolled - 86 - LRB100 18051 XWW 33240 b 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.
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 SB2439 Engrossed - 87 - LRB100 18051 XWW 33240 b branches, licensed chiropractic physicians, licensed clinical psychologists, licensed clinical social workers, licensed clinical professional counselors, and other professional and administrative staff.
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 SB2439 Enrolled - 87 - LRB100 18051 XWW 33240 b branches, licensed chiropractic physicians, licensed clinical psychologists, licensed clinical social workers, licensed clinical professional counselors, and other professional and administrative staff.
No authorization is necessary from the licensee or applicant ordered to undergo an evaluation SB2439 Engrossed - 88 - LRB100 18051 XWW 33240 b 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.
No authorization is necessary from the licensee or applicant ordered to undergo an evaluation SB2439 Enrolled - 88 - LRB100 18051 XWW 33240 b 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 Secretary may order the license suspended SB2439 Engrossed - 89 - LRB100 18051 XWW 33240 b immediately, pending a hearing by the Department.
The Secretary may order the license suspended SB2439 Enrolled - 89 - LRB100 18051 XWW 33240 b immediately, pending a hearing by the Department.
SB2439 Engrossed - 90 - LRB100 18051 XWW 33240 b (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:
SB2439 Enrolled - 90 - LRB100 18051 XWW 33240 b (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:
(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;
(6) Aiding or assisting another person, firm, partnership or corporation in violating any provision of SB2439 Enrolled - 91 - LRB100 18051 XWW 33240 b this Act or rules;
Any employment arrangements may include provisions for compensation, health insurance, pension, or other employment benefits for the provision of services SB2439 Engrossed - 92 - LRB100 18051 XWW 33240 b within the scope of the licensee's practice under this Act.
Any employment arrangements may include provisions for compensation, health insurance, pension, or other employment benefits for the provision of services SB2439 Enrolled - 92 - LRB100 18051 XWW 33240 b within the scope of the licensee's practice under this Act.
SB2439 Engrossed - 93 - LRB100 18051 XWW 33240 b (21) Gross, willful, or continued overcharging for professional services;
SB2439 Enrolled - 93 - LRB100 18051 XWW 33240 b (21) Gross, willful, or continued overcharging for professional services;
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 SB2439 Engrossed - 94 - LRB100 18051 XWW 33240 b the fine.
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 SB2439 Enrolled - 94 - LRB100 18051 XWW 33240 b the fine.
(d) In enforcing this Section, the Department, upon a SB2439 Engrossed - 95 - LRB100 18051 XWW 33240 b 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.
(d) In enforcing this Section, the Department, upon a SB2439 Enrolled - 95 - LRB100 18051 XWW 33240 b 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 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 provide to the Department any and all records, including business records, SB2439 Enrolled - 96 - LRB100 18051 XWW 33240 b that relate to the examination and evaluation, including any supplemental testing performed.
If the Department finds a licensee unable to practice because of the reasons set forth in this Section, the Department shall require the SB2439 Engrossed - 97 - LRB100 18051 XWW 33240 b 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.
If the Department finds a licensee unable to practice because of the reasons set forth in this Section, the Department shall require the SB2439 Enrolled - 97 - LRB100 18051 XWW 33240 b 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.
(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.
(f) In cases where the Department of Healthcare and Family Services has previously determined a licensee or a potential SB2439 Enrolled - 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.
(1) Making a material misstatement in furnishing SB2439 Engrossed - 99 - LRB100 18051 XWW 33240 b information to the Department or the Board.
(1) Making a material misstatement in furnishing SB2439 Enrolled - 99 - LRB100 18051 XWW 33240 b information to the Department or the Board.
SB2439 Engrossed - 100 - LRB100 18051 XWW 33240 b (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.
SB2439 Enrolled - 100 - LRB100 18051 XWW 33240 b (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.
(15) Willfully making or filing false records or reports in his or her practice including, but not limited SB2439 Engrossed - 101 - LRB100 18051 XWW 33240 b to, false records filed with State agencies or departments.
(15) Willfully making or filing false records or reports in his or her practice including, but not limited SB2439 Enrolled - 101 - LRB100 18051 XWW 33240 b to, false records filed with State agencies or departments.
Failure of an individual to submit to a mental or physical examination, when directed, shall be SB2439 Engrossed - 102 - LRB100 18051 XWW 33240 b 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.
Failure of an individual to submit to a mental or physical examination, when directed, shall be SB2439 Enrolled - 102 - LRB100 18051 XWW 33240 b 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.
The Department shall deny a license or renewal SB2439 Engrossed - 103 - LRB100 18051 XWW 33240 b 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).
The Department shall deny a license or renewal SB2439 Enrolled - 103 - LRB100 18051 XWW 33240 b 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).
(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).
(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 Enrolled - 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).
(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:
(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 Enrolled - 105 - LRB100 18051 XWW 33240 b conditional discharge, or first offender probation, under the laws of any jurisdiction of the United States:
(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.
(11) Discipline by another jurisdiction, the District of Columbia, territory, county, or governmental agency, if SB2439 Enrolled - 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.
SB2439 Engrossed - 107 - LRB100 18051 XWW 33240 b (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.
SB2439 Enrolled - 107 - LRB100 18051 XWW 33240 b (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.
SB2439 Engrossed - 108 - LRB100 18051 XWW 33240 b (23) Gross and willful overcharging for professional services including filing statements for collection of fees or monies for which services are not rendered.
SB2439 Enrolled - 108 - LRB100 18051 XWW 33240 b (23) Gross and willful overcharging for professional services including filing statements for collection of fees or monies for which services are not rendered.
(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-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 Enrolled - 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.
(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.
(c-5) In enforcing this Act, the Department, upon a showing SB2439 Enrolled - 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.
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.
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 Enrolled - 111 - LRB100 18051 XWW 33240 b restriction for continued, reinstated, or renewed licensure to practice.
SB2439 Engrossed - 112 - LRB100 18051 XWW 33240 b (Source:
SB2439 Enrolled - 112 - LRB100 18051 XWW 33240 b (Source:
SB2439 Engrossed - 113 - LRB100 18051 XWW 33240 b (4) professional incompetence;
SB2439 Enrolled - 113 - LRB100 18051 XWW 33240 b (4) professional incompetence;
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;
SB2439 Enrolled - 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;
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;
SB2439 Enrolled - 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;
(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.
(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 Enrolled - 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.
The SB2439 Engrossed - 117 - LRB100 18051 XWW 33240 b examining physician shall be specifically designated by the Board or Department.
The SB2439 Enrolled - 117 - LRB100 18051 XWW 33240 b examining physician shall be specifically designated by the Board or Department.
Fines shall not be assessed in disciplinary actions involving physical or SB2439 Engrossed - 118 - LRB100 18051 XWW 33240 b mental illness or impairment.
Fines shall not be assessed in disciplinary actions involving physical or SB2439 Enrolled - 118 - LRB100 18051 XWW 33240 b mental illness or impairment.
(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:
(1) The Department may refuse to issue or renew, or may revoke, suspend, place on probation, censure, reprimand or take SB2439 Enrolled - 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:
(e) Employing, procuring, inducing, aiding or abetting SB2439 Engrossed - 120 - LRB100 18051 XWW 33240 b a person not licensed as a speech-language pathologist or audiologist to engage in the unauthorized practice of speech-language pathology or audiology.
(e) Employing, procuring, inducing, aiding or abetting SB2439 Enrolled - 120 - LRB100 18051 XWW 33240 b a person not licensed as a speech-language pathologist or audiologist to engage in the unauthorized practice of speech-language pathology or audiology.
SB2439 Engrossed - 121 - LRB100 18051 XWW 33240 b (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.
SB2439 Enrolled - 121 - LRB100 18051 XWW 33240 b (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.
(q) Willfully making or filing false records or reports SB2439 Engrossed - 122 - LRB100 18051 XWW 33240 b 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).
(q) Willfully making or filing false records or reports SB2439 Enrolled - 122 - LRB100 18051 XWW 33240 b 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).
(v) Inability to practice with reasonable judgment, skill, or safety as a result of habitual or excessive use SB2439 Engrossed - 123 - LRB100 18051 XWW 33240 b 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.
(v) Inability to practice with reasonable judgment, skill, or safety as a result of habitual or excessive use SB2439 Enrolled - 123 - LRB100 18051 XWW 33240 b 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.
SB2439 Engrossed - 124 - LRB100 18051 XWW 33240 b (2) (Blank).
SB2439 Enrolled - 124 - LRB100 18051 XWW 33240 b (2) (Blank).
(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 SB2439 Engrossed - 125 - LRB100 18051 XWW 33240 b Revenue, until such time as the requirements of any such tax Act are satisfied.
(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 SB2439 Enrolled - 125 - LRB100 18051 XWW 33240 b Revenue, until such time as the requirements of any such tax Act are satisfied.
Any SB2439 Engrossed - 126 - LRB100 18051 XWW 33240 b 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.
Any SB2439 Enrolled - 126 - LRB100 18051 XWW 33240 b 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.
SB2439 Engrossed - 127 - LRB100 18051 XWW 33240 b (225 ILCS 115/25) (from Ch.
SB2439 Enrolled - 127 - LRB100 18051 XWW 33240 b (225 ILCS 115/25) (from Ch.
Fraud or any misrepresentation in applying for or procuring a license under this Act or in connection with SB2439 Engrossed - 128 - LRB100 18051 XWW 33240 b applying for renewal of a license under this Act.
Fraud or any misrepresentation in applying for or procuring a license under this Act or in connection with SB2439 Enrolled - 128 - LRB100 18051 XWW 33240 b applying for renewal of a license under this Act.
SB2439 Engrossed - 129 - LRB100 18051 XWW 33240 b N.
SB2439 Enrolled - 129 - LRB100 18051 XWW 33240 b N.
SB2439 Engrossed - 130 - LRB100 18051 XWW 33240 b W.
SB2439 Enrolled - 130 - LRB100 18051 XWW 33240 b W.
Using, prescribing, or selling a prescription drug SB2439 Engrossed - 131 - LRB100 18051 XWW 33240 b or the extra-label use of a prescription drug by any means in the absence of a valid veterinarian-client-patient relationship.
Using, prescribing, or selling a prescription drug SB2439 Enrolled - 131 - LRB100 18051 XWW 33240 b or the extra-label use of a prescription drug by any means in the absence of a valid veterinarian-client-patient relationship.
All proceedings to suspend, revoke, place on SB2439 Engrossed - 132 - LRB100 18051 XWW 33240 b 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.
All proceedings to suspend, revoke, place on SB2439 Enrolled - 132 - LRB100 18051 XWW 33240 b 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.
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 SB2439 Engrossed - 133 - LRB100 18051 XWW 33240 b 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.
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 SB2439 Enrolled - 133 - LRB100 18051 XWW 33240 b 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.
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 SB2439 Engrossed - 134 - LRB100 18051 XWW 33240 b supplemental testing deemed necessary to complete any examination or evaluation process, including, but not limited to, blood testing, urinalysis, psychological testing, or neuropsychological testing.
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 SB2439 Enrolled - 134 - LRB100 18051 XWW 33240 b 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 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.
The individual to be examined may have, at his or her own expense, another physician of his or her choice present SB2439 Enrolled - 135 - LRB100 18051 XWW 33240 b during all aspects of the examination.
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.
The Department shall deny a license or renewal authorized by this Act to a person who has defaulted on an SB2439 Enrolled - 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.
(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:
(a) The Department may refuse to issue, renew, or restore a SB2439 Enrolled - 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:
(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.
(6) Failing to provide information within 60 days in SB2439 Enrolled - 138 - LRB100 18051 XWW 33240 b response to a written request made by the Department.
(10) A finding by the Department that the registrant, SB2439 Engrossed - 139 - LRB100 18051 XWW 33240 b after having his or her registration placed on probationary status, has violated the terms of probation.
(10) A finding by the Department that the registrant, SB2439 Enrolled - 139 - LRB100 18051 XWW 33240 b after having his or her registration placed on probationary status, has violated the terms of probation.
(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 SB2439 Engrossed - 140 - LRB100 18051 XWW 33240 b with reasonable judgment, skill, or safety.
(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 SB2439 Enrolled - 140 - LRB100 18051 XWW 33240 b with reasonable judgment, skill, or safety.
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.
The suspension will SB2439 Enrolled - 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.
(f) In enforcing this Section, the Department, upon a showing of a possible violation, may compel any individual SB2439 Engrossed - 142 - LRB100 18051 XWW 33240 b 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.
(f) In enforcing this Section, the Department, upon a showing of a possible violation, may compel any individual SB2439 Enrolled - 142 - LRB100 18051 XWW 33240 b 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 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 provide to the Department any and all records, including business records, that relate to the examination and evaluation, including any SB2439 Enrolled - 143 - LRB100 18051 XWW 33240 b supplemental testing performed.
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 SB2439 Engrossed - 144 - LRB100 18051 XWW 33240 b physicians approved or designated by the Department as a condition for continued, reinstated, or renewed registration.
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 SB2439 Enrolled - 144 - LRB100 18051 XWW 33240 b physicians approved or designated by the Department as a condition for continued, reinstated, or renewed registration.
(225 ILCS 135/95) SB2439 Engrossed - 145 - LRB100 18051 XWW 33240 b (Section scheduled to be repealed on January 1, 2025) Sec.
(225 ILCS 135/95) SB2439 Enrolled - 145 - LRB100 18051 XWW 33240 b (Section scheduled to be repealed on January 1, 2025) Sec.
SB2439 Engrossed - 146 - LRB100 18051 XWW 33240 b (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.
SB2439 Enrolled - 146 - LRB100 18051 XWW 33240 b (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.
(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 SB2439 Engrossed - 147 - LRB100 18051 XWW 33240 b discipline is the same or substantially equivalent to those set forth in this Section.
(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 SB2439 Enrolled - 147 - LRB100 18051 XWW 33240 b discipline is the same or substantially equivalent to those set forth in this Section.
(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 SB2439 Engrossed - 148 - LRB100 18051 XWW 33240 b departments.
(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 SB2439 Enrolled - 148 - LRB100 18051 XWW 33240 b departments.
(23) Fraud or making any misrepresentation in applying for or procuring a license under this Act or in connection SB2439 Engrossed - 149 - LRB100 18051 XWW 33240 b with applying for renewal of a license under this Act.
(23) Fraud or making any misrepresentation in applying for or procuring a license under this Act or in connection SB2439 Enrolled - 149 - LRB100 18051 XWW 33240 b with applying for renewal of a license under this Act.
The suspension will end upon a finding by a court that the licensee is no longer subject to involuntary admission or judicial SB2439 Engrossed - 150 - LRB100 18051 XWW 33240 b 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.
The suspension will end upon a finding by a court that the licensee is no longer subject to involuntary admission or judicial SB2439 Enrolled - 150 - LRB100 18051 XWW 33240 b 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.
(f) All fines or costs imposed under this Section shall be paid within 60 days after the effective date of the order SB2439 Engrossed - 151 - LRB100 18051 XWW 33240 b imposing the fine or costs or in accordance with the terms set forth in the order imposing the fine.
(f) All fines or costs imposed under this Section shall be paid within 60 days after the effective date of the order SB2439 Enrolled - 151 - LRB100 18051 XWW 33240 b imposing the fine or costs or in accordance with the terms set forth in the order imposing the fine.
SB2439 Engrossed - 152 - LRB100 18051 XWW 33240 b (4) making any misrepresentation for the purpose of obtaining licensure;
SB2439 Enrolled - 152 - LRB100 18051 XWW 33240 b (4) making any misrepresentation for the purpose of obtaining licensure;
(11) making a statement of compliance pursuant to the Environmental Barriers Act that technical submissions SB2439 Engrossed - 153 - LRB100 18051 XWW 33240 b 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;
(11) making a statement of compliance pursuant to the Environmental Barriers Act that technical submissions SB2439 Enrolled - 153 - LRB100 18051 XWW 33240 b 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;
SB2439 Engrossed - 154 - LRB100 18051 XWW 33240 b (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.
SB2439 Enrolled - 154 - LRB100 18051 XWW 33240 b (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 SB2439 Engrossed - 155 - LRB100 18051 XWW 33240 b 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.
The SB2439 Enrolled - 155 - LRB100 18051 XWW 33240 b 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.
SB2439 Engrossed - 156 - LRB100 18051 XWW 33240 b (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.
SB2439 Enrolled - 156 - LRB100 18051 XWW 33240 b (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.
(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 SB2439 Engrossed - 157 - LRB100 18051 XWW 33240 b assistance, except upon proof of actual malice.
(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 SB2439 Enrolled - 157 - LRB100 18051 XWW 33240 b assistance, except upon proof of actual malice.
(d) Professional connection or association with, or lending his or her name, to another for illegal use of the SB2439 Engrossed - 158 - LRB100 18051 XWW 33240 b 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.
(d) Professional connection or association with, or lending his or her name, to another for illegal use of the SB2439 Enrolled - 158 - LRB100 18051 XWW 33240 b 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.
(k) Mental incompetence as declared by a court of SB2439 Engrossed - 159 - LRB100 18051 XWW 33240 b competent jurisdiction.
(k) Mental incompetence as declared by a court of SB2439 Enrolled - 159 - LRB100 18051 XWW 33240 b competent jurisdiction.
That person may SB2439 Engrossed - 160 - LRB100 18051 XWW 33240 b 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".
That person may SB2439 Enrolled - 160 - LRB100 18051 XWW 33240 b 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".
(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 SB2439 Engrossed - 161 - LRB100 18051 XWW 33240 b combination of the following causes:
(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 SB2439 Enrolled - 161 - LRB100 18051 XWW 33240 b combination of the following causes:
(9) Engaging in dishonorable, unethical or unprofessional conduct of a character likely to deceive, SB2439 Engrossed - 162 - LRB100 18051 XWW 33240 b defraud or harm the public.
(9) Engaging in dishonorable, unethical or unprofessional conduct of a character likely to deceive, SB2439 Enrolled - 162 - LRB100 18051 XWW 33240 b defraud or harm the public.
(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 SB2439 Engrossed - 163 - LRB100 18051 XWW 33240 b professional engineer or under the professional engineer's direct supervision.
(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 SB2439 Enrolled - 163 - LRB100 18051 XWW 33240 b professional engineer or under the professional engineer's direct supervision.
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).
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 Enrolled - 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).
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.
No information shall be excluded by reason of any common law or statutory privilege relating to communications between the SB2439 Enrolled - 165 - LRB100 18051 XWW 33240 b licensee or applicant and the examining physician.
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 SB2439 Engrossed - 166 - LRB100 18051 XWW 33240 b acceptable and prevailing standards under the provisions of his or her license.
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 SB2439 Enrolled - 166 - LRB100 18051 XWW 33240 b acceptable and prevailing standards under the provisions of his or her license.
(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, SB2439 Engrossed - 167 - LRB100 18051 XWW 33240 b partnership, or professional land surveying firm licensed or registered under this Act for any of the following reasons:
(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, SB2439 Enrolled - 167 - LRB100 18051 XWW 33240 b partnership, or professional land surveying firm licensed or registered under this Act for any of the following reasons:
SB2439 Engrossed - 168 - LRB100 18051 XWW 33240 b (9) engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public;
SB2439 Enrolled - 168 - LRB100 18051 XWW 33240 b (9) engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public;
SB2439 Engrossed - 169 - LRB100 18051 XWW 33240 b (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;
SB2439 Enrolled - 169 - LRB100 18051 XWW 33240 b (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;
The examining physicians shall be specifically designated by SB2439 Engrossed - 170 - LRB100 18051 XWW 33240 b the Board or Department.
The examining physicians shall be specifically designated by SB2439 Enrolled - 170 - LRB100 18051 XWW 33240 b the Board or Department.
Any licensee suspended under this subsection (a-5) shall be afforded an opportunity to demonstrate to the Department or SB2439 Engrossed - 171 - LRB100 18051 XWW 33240 b Board that he or she can resume practice in compliance with the acceptable and prevailing standards under the provisions of his or her license.
Any licensee suspended under this subsection (a-5) shall be afforded an opportunity to demonstrate to the Department or SB2439 Enrolled - 171 - LRB100 18051 XWW 33240 b Board that he or she can resume practice in compliance with the acceptable and prevailing standards under the provisions of his or her license.
(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 SB2439 Engrossed - 172 - LRB100 18051 XWW 33240 b 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).
(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 SB2439 Enrolled - 172 - LRB100 18051 XWW 33240 b 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).
SB2439 Engrossed - 173 - LRB100 18051 XWW 33240 b (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:
SB2439 Enrolled - 173 - LRB100 18051 XWW 33240 b (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:
(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 SB2439 Engrossed - 174 - LRB100 18051 XWW 33240 b construction of a roof or repair thereof that results in leakage within 90 days after the completion of such work;
(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 SB2439 Enrolled - 174 - LRB100 18051 XWW 33240 b construction of a roof or repair thereof that results in leakage within 90 days after the completion of such work;
(l) a finding by the Department that the licensee, SB2439 Engrossed - 175 - LRB100 18051 XWW 33240 b after having his or her license disciplined, has violated the terms of the discipline;
(l) a finding by the Department that the licensee, SB2439 Enrolled - 175 - LRB100 18051 XWW 33240 b after having his or her license disciplined, has violated the terms of the discipline;
(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, SB2439 Engrossed - 176 - LRB100 18051 XWW 33240 b or safety;
(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, SB2439 Enrolled - 176 - LRB100 18051 XWW 33240 b or safety;
SB2439 Engrossed - 177 - LRB100 18051 XWW 33240 b (ff) cheating or attempting to subvert a licensing examination administered under this Act;
SB2439 Enrolled - 177 - LRB100 18051 XWW 33240 b (ff) cheating or attempting to subvert a licensing examination administered under this Act;
(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 SB2439 Engrossed - 178 - LRB100 18051 XWW 33240 b evaluation, or both, which may include a substance abuse or sexual offender evaluation, at the expense of the Department.
(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 SB2439 Enrolled - 178 - LRB100 18051 XWW 33240 b evaluation, or both, which may include a substance abuse or sexual offender evaluation, at the expense of the Department.
The Department may order the examining physician or any member of the multidisciplinary team SB2439 Engrossed - 179 - LRB100 18051 XWW 33240 b 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.
The Department may order the examining physician or any member of the multidisciplinary team SB2439 Enrolled - 179 - LRB100 18051 XWW 33240 b 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.
SB2439 Engrossed - 180 - LRB100 18051 XWW 33240 b (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.
SB2439 Enrolled - 180 - LRB100 18051 XWW 33240 b (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.
(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 SB2439 Engrossed - 181 - LRB100 18051 XWW 33240 b 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.
(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 SB2439 Enrolled - 181 - LRB100 18051 XWW 33240 b 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.
(2) Negligence, incompetence or misconduct in the SB2439 Engrossed - 182 - LRB100 18051 XWW 33240 b practice of structural engineering;
(2) Negligence, incompetence or misconduct in the SB2439 Enrolled - 182 - LRB100 18051 XWW 33240 b practice of structural engineering;
(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;
(9) Engaging in dishonorable, unethical or unprofessional conduct of a character likely to deceive, SB2439 Enrolled - 183 - LRB100 18051 XWW 33240 b defraud or harm the public, as defined by rule;
(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 SB2439 Engrossed - 184 - LRB100 18051 XWW 33240 b both, at the expense of the Department.
(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 SB2439 Enrolled - 184 - LRB100 18051 XWW 33240 b both, at the expense of the Department.
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 SB2439 Engrossed - 185 - LRB100 18051 XWW 33240 b applicable federal statutes and regulations safeguarding the confidentiality of medical records.
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 SB2439 Enrolled - 185 - LRB100 18051 XWW 33240 b applicable federal statutes and regulations safeguarding the confidentiality of medical records.
(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.
(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 Enrolled - 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.
SB2439 Engrossed - 187 - LRB100 18051 XWW 33240 b (Source:
SB2439 Enrolled - 187 - LRB100 18051 XWW 33240 b (Source:
If a license is terminated or otherwise disciplined pursuant to this Section, the licensee may request a hearing as SB2439 Engrossed - 188 - LRB100 18051 XWW 33240 b provided by this Act within 30 days of notice of termination or discipline.
If a license is terminated or otherwise disciplined pursuant to this Section, the licensee may request a hearing as SB2439 Enrolled - 188 - LRB100 18051 XWW 33240 b provided by this Act within 30 days of notice of termination or discipline.
Conviction of any of the violations listed in SB2439 Engrossed - 189 - LRB100 18051 XWW 33240 b Section 4-20.
Conviction of any of the violations listed in SB2439 Enrolled - 189 - LRB100 18051 XWW 33240 b Section 4-20.
SB2439 Engrossed - 190 - LRB100 18051 XWW 33240 b m.
SB2439 Enrolled - 190 - LRB100 18051 XWW 33240 b m.
SB2439 Engrossed - 191 - LRB100 18051 XWW 33240 b s.
SB2439 Enrolled - 191 - LRB100 18051 XWW 33240 b s.
(3) The Department may reissue the license or registration upon certification by the Board that the disciplined licensee SB2439 Engrossed - 192 - LRB100 18051 XWW 33240 b 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.
(3) The Department may reissue the license or registration upon certification by the Board that the disciplined licensee SB2439 Enrolled - 192 - LRB100 18051 XWW 33240 b 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.
1-1-17.) SB2439 Engrossed - 193 - LRB100 18051 XWW 33240 b Section 840.
1-1-17.) SB2439 Enrolled - 193 - LRB100 18051 XWW 33240 b Section 840.
(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 SB2439 Engrossed - 194 - LRB100 18051 XWW 33240 b electrology.
(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 SB2439 Enrolled - 194 - LRB100 18051 XWW 33240 b electrology.
Nothing in this paragraph (10) affects any bona fide independent contractor or employment arrangements SB2439 Engrossed - 195 - LRB100 18051 XWW 33240 b among health care professionals, health facilities, health care providers, or other entities, except as otherwise prohibited by law.
Nothing in this paragraph (10) affects any bona fide independent contractor or employment arrangements SB2439 Enrolled - 195 - LRB100 18051 XWW 33240 b among health care professionals, health facilities, health care providers, or other entities, except as otherwise prohibited by law.
SB2439 Engrossed - 196 - LRB100 18051 XWW 33240 b (17) Immoral conduct in the commission of any act, such as sexual abuse, sexual misconduct, or sexual exploitation, related to the licensee's practice.
SB2439 Enrolled - 196 - LRB100 18051 XWW 33240 b (17) Immoral conduct in the commission of any act, such as sexual abuse, sexual misconduct, or sexual exploitation, related to the licensee's practice.
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 SB2439 Engrossed - 197 - LRB100 18051 XWW 33240 b patient, and the filing of a petition for restoration demonstrating fitness to practice.
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 SB2439 Enrolled - 197 - LRB100 18051 XWW 33240 b patient, and the filing of a petition for restoration demonstrating fitness to practice.
SB2439 Engrossed - 198 - LRB100 18051 XWW 33240 b 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.
SB2439 Enrolled - 198 - LRB100 18051 XWW 33240 b 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.
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 SB2439 Engrossed - 199 - LRB100 18051 XWW 33240 b time as the individual submits to 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 SB2439 Enrolled - 199 - LRB100 18051 XWW 33240 b time as the individual submits to the examination.
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 SB2439 Engrossed - 200 - LRB100 18051 XWW 33240 b Regulation Law of the Civil Administrative Code of Illinois.
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 SB2439 Enrolled - 200 - LRB100 18051 XWW 33240 b Regulation Law of the Civil Administrative Code of Illinois.
(a) The Department may refuse to issue or renew, or may SB2439 Engrossed - 201 - LRB100 18051 XWW 33240 b 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:
(a) The Department may refuse to issue or renew, or may SB2439 Enrolled - 201 - LRB100 18051 XWW 33240 b 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:
SB2439 Engrossed - 202 - LRB100 18051 XWW 33240 b (7) Failing, within 60 days, to provide information in response to a written request made by the Department;
SB2439 Enrolled - 202 - LRB100 18051 XWW 33240 b (7) Failing, within 60 days, to provide information in response to a written request made by the Department;
(13) Willfully making or filing false records or SB2439 Engrossed - 203 - LRB100 18051 XWW 33240 b reports in the practice of shorthand reporting, including but not limited to false records filed with State agencies or departments;
(13) Willfully making or filing false records or SB2439 Enrolled - 203 - LRB100 18051 XWW 33240 b reports in the practice of shorthand reporting, including but not limited to false records filed with State agencies or departments;
(22) Failure to deliver transcripts in a timely manner SB2439 Engrossed - 204 - LRB100 18051 XWW 33240 b or in accordance with contractual agreements;
(22) Failure to deliver transcripts in a timely manner SB2439 Enrolled - 204 - LRB100 18051 XWW 33240 b or in accordance with contractual agreements;
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 SB2439 Engrossed - 205 - LRB100 18051 XWW 33240 b Department that the licensee can resume practice in compliance with acceptable and prevailing standards of the profession.
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 SB2439 Enrolled - 205 - LRB100 18051 XWW 33240 b Department that the licensee can resume practice in compliance with acceptable and prevailing standards of the profession.
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.
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 Enrolled - 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.
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 SB2439 Engrossed - 207 - LRB100 18051 XWW 33240 b team.
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 SB2439 Enrolled - 207 - LRB100 18051 XWW 33240 b team.
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 SB2439 Engrossed - 208 - LRB100 18051 XWW 33240 b federal statutes and regulations safeguarding the confidentiality of medical records.
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 SB2439 Enrolled - 208 - LRB100 18051 XWW 33240 b federal statutes and regulations safeguarding the confidentiality of medical records.
7-16-14.) SB2439 Engrossed - 209 - LRB100 18051 XWW 33240 b Section 850.
7-16-14.) SB2439 Enrolled - 209 - LRB100 18051 XWW 33240 b Section 850.
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.
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 Enrolled - 210 - LRB100 18051 XWW 33240 b collection agency.
SB2439 Engrossed - 211 - LRB100 18051 XWW 33240 b (12) A finding by the Federal Trade Commission that a licensee violated the federal Fair Debt Collection Practices Act or its rules.
SB2439 Enrolled - 211 - LRB100 18051 XWW 33240 b (12) A finding by the Federal Trade Commission that a licensee violated the federal Fair Debt Collection Practices Act or its rules.
(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 SB2439 Engrossed - 212 - LRB100 18051 XWW 33240 b 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.
(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 SB2439 Enrolled - 212 - LRB100 18051 XWW 33240 b 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.
SB2439 Engrossed - 213 - LRB100 18051 XWW 33240 b (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.
SB2439 Enrolled - 213 - LRB100 18051 XWW 33240 b (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.
SB2439 Engrossed - 214 - LRB100 18051 XWW 33240 b (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.
SB2439 Enrolled - 214 - LRB100 18051 XWW 33240 b (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.
(32) Representing that the collection agency is an attorney at law or an agent for an attorney if he or she is SB2439 Engrossed - 215 - LRB100 18051 XWW 33240 b not.
(32) Representing that the collection agency is an attorney at law or an agent for an attorney if he or she is SB2439 Enrolled - 215 - LRB100 18051 XWW 33240 b not.
(b) The Department shall deny any license or renewal SB2439 Engrossed - 216 - LRB100 18051 XWW 33240 b authorized by this Act to any person who has defaulted on an educational loan guaranteed by the Illinois State Scholarship Commission;
(b) The Department shall deny any license or renewal SB2439 Enrolled - 216 - LRB100 18051 XWW 33240 b authorized by this Act to any person who has defaulted on an educational loan guaranteed by the Illinois State Scholarship Commission;
(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 SB2439 Engrossed - 217 - LRB100 18051 XWW 33240 b any one or combination of the following causes:
(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 SB2439 Enrolled - 217 - LRB100 18051 XWW 33240 b any one or combination of the following causes:
(9) Engaging in dishonorable, unethical, or SB2439 Engrossed - 218 - LRB100 18051 XWW 33240 b 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.
(9) Engaging in dishonorable, unethical, or SB2439 Enrolled - 218 - LRB100 18051 XWW 33240 b 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.
(14) Willfully making or filing false records or reports relating to a licensee's practice, including but SB2439 Engrossed - 219 - LRB100 18051 XWW 33240 b not limited to false records filed with any State or federal agencies or departments.
(14) Willfully making or filing false records or reports relating to a licensee's practice, including but SB2439 Enrolled - 219 - LRB100 18051 XWW 33240 b not limited to false records filed with any State or federal agencies or departments.
SB2439 Engrossed - 220 - LRB100 18051 XWW 33240 b (21) Improper commingling of personal and client funds in violation of this Act or any rules promulgated thereto.
SB2439 Enrolled - 220 - LRB100 18051 XWW 33240 b (21) Improper commingling of personal and client funds in violation of this Act or any rules promulgated thereto.
In accordance with subdivision (a)(5) of Section 2105-15 of the Department of Professional Regulation SB2439 Engrossed - 221 - LRB100 18051 XWW 33240 b 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.
In accordance with subdivision (a)(5) of Section 2105-15 of the Department of Professional Regulation SB2439 Enrolled - 221 - LRB100 18051 XWW 33240 b 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.
(e) In accordance with subdivision (a)(5) of Section SB2439 Engrossed - 222 - LRB100 18051 XWW 33240 b 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.
(e) In accordance with subdivision (a)(5) of Section SB2439 Enrolled - 222 - LRB100 18051 XWW 33240 b 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.
Failure of an SB2439 Engrossed - 223 - LRB100 18051 XWW 33240 b 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.
Failure of an SB2439 Enrolled - 223 - LRB100 18051 XWW 33240 b 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.
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 SB2439 Engrossed - 224 - LRB100 18051 XWW 33240 b the suspension and completed without appreciable delay.
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 SB2439 Enrolled - 224 - LRB100 18051 XWW 33240 b the suspension and completed without appreciable delay.
(1) Material misstatement in furnishing information to SB2439 Engrossed - 225 - LRB100 18051 XWW 33240 b the Department.
(1) Material misstatement in furnishing information to SB2439 Enrolled - 225 - LRB100 18051 XWW 33240 b the Department.
(9) Failing, within 60 days, to provide information in SB2439 Engrossed - 226 - LRB100 18051 XWW 33240 b response to a written request made by the Department.
(9) Failing, within 60 days, to provide information in SB2439 Enrolled - 226 - LRB100 18051 XWW 33240 b response to a written request made by the Department.
SB2439 Engrossed - 227 - LRB100 18051 XWW 33240 b (17) Practicing under a false or, except as provided by law, an assumed name.
SB2439 Enrolled - 227 - LRB100 18051 XWW 33240 b (17) Practicing under a false or, except as provided by law, an assumed name.
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 SB2439 Engrossed - 228 - LRB100 18051 XWW 33240 b Illinois.
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 SB2439 Enrolled - 228 - LRB100 18051 XWW 33240 b Illinois.
The Department may order the examining physician to present SB2439 Engrossed - 229 - LRB100 18051 XWW 33240 b testimony concerning the mental or physical examination of the licensee or applicant.
The Department may order the examining physician to present SB2439 Enrolled - 229 - LRB100 18051 XWW 33240 b testimony concerning the mental or physical examination of the licensee or applicant.
If the licensee refuses to enter into a care, counseling, or treatment agreement or fails to abide by the SB2439 Engrossed - 230 - LRB100 18051 XWW 33240 b terms of the agreement, the Department may file a complaint to revoke, suspend, or otherwise discipline the license of the individual.
If the licensee refuses to enter into a care, counseling, or treatment agreement or fails to abide by the SB2439 Enrolled - 230 - LRB100 18051 XWW 33240 b terms of the agreement, the Department may file a complaint to revoke, suspend, or otherwise discipline the license of the individual.
SB2439 Engrossed - 231 - LRB100 18051 XWW 33240 b (225 ILCS 441/15-10) (Section scheduled to be repealed on January 1, 2022) Sec.
SB2439 Enrolled - 231 - LRB100 18051 XWW 33240 b (225 ILCS 441/15-10) (Section scheduled to be repealed on January 1, 2022) Sec.
or (iii) that is a crime SB2439 Engrossed - 232 - LRB100 18051 XWW 33240 b that subjects the licensee to compliance with the requirements of the Sex Offender Registration Act.
or (iii) that is a crime SB2439 Enrolled - 232 - LRB100 18051 XWW 33240 b that subjects the licensee to compliance with the requirements of the Sex Offender Registration Act.
(11) Accepting an inspection assignment when the SB2439 Engrossed - 233 - LRB100 18051 XWW 33240 b 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.
(11) Accepting an inspection assignment when the SB2439 Enrolled - 233 - LRB100 18051 XWW 33240 b 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.
(16) Failing, within 30 days, to provide information in SB2439 Engrossed - 234 - LRB100 18051 XWW 33240 b response to a written request made by the Department.
(16) Failing, within 30 days, to provide information in SB2439 Enrolled - 234 - LRB100 18051 XWW 33240 b response to a written request made by the Department.
(21) Aiding or assisting another person in violating SB2439 Engrossed - 235 - LRB100 18051 XWW 33240 b any provision of this Act or rules adopted under this Act.
(21) Aiding or assisting another person in violating SB2439 Enrolled - 235 - LRB100 18051 XWW 33240 b any provision of this Act or rules adopted under this Act.
(1) Procuring or attempting to procure licensure by knowingly making a false statement, submitting false SB2439 Engrossed - 236 - LRB100 18051 XWW 33240 b information, making any form of fraud or misrepresentation, or refusing to provide complete information in response to a question in an application for licensure.
(1) Procuring or attempting to procure licensure by knowingly making a false statement, submitting false SB2439 Enrolled - 236 - LRB100 18051 XWW 33240 b information, making any form of fraud or misrepresentation, or refusing to provide complete information in response to a question in an application for licensure.
(10) Failing to provide a certificate, transcript, or SB2439 Engrossed - 237 - LRB100 18051 XWW 33240 b other student record to the Department or to a student as may be required by rule.
(10) Failing to provide a certificate, transcript, or SB2439 Enrolled - 237 - LRB100 18051 XWW 33240 b other student record to the Department or to a student as may be required by rule.
(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 SB2439 Engrossed - 238 - LRB100 18051 XWW 33240 b 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.
(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 SB2439 Enrolled - 238 - LRB100 18051 XWW 33240 b 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.
The suspension will SB2439 Engrossed - 239 - LRB100 18051 XWW 33240 b 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.
The suspension will SB2439 Enrolled - 239 - LRB100 18051 XWW 33240 b 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.
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 SB2439 Engrossed - 240 - 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.
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 SB2439 Enrolled - 240 - 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.
An individual licensed under this Act and affected under SB2439 Engrossed - 241 - LRB100 18051 XWW 33240 b 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.
An individual licensed under this Act and affected under SB2439 Enrolled - 241 - LRB100 18051 XWW 33240 b 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.
(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 SB2439 Engrossed - 242 - LRB100 18051 XWW 33240 b 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:
(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 SB2439 Enrolled - 242 - LRB100 18051 XWW 33240 b 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:
(7) Conviction by plea of guilty or nolo contendere, SB2439 Engrossed - 243 - LRB100 18051 XWW 33240 b 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.
(7) Conviction by plea of guilty or nolo contendere, SB2439 Enrolled - 243 - LRB100 18051 XWW 33240 b 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.
(13) Habitual or excessive use or abuse of drugs, alcohol, narcotics, stimulants, or any other substance SB2439 Engrossed - 244 - LRB100 18051 XWW 33240 b that results in the inability to practice with reasonable skill, judgment, or safety.
(13) Habitual or excessive use or abuse of drugs, alcohol, narcotics, stimulants, or any other substance SB2439 Enrolled - 244 - LRB100 18051 XWW 33240 b that results in the inability to practice with reasonable skill, judgment, or safety.
(21) Failing to make a substantive response to a SB2439 Engrossed - 245 - LRB100 18051 XWW 33240 b request for information by the Department within 30 days of the request.
(21) Failing to make a substantive response to a SB2439 Enrolled - 245 - LRB100 18051 XWW 33240 b request for information by the Department within 30 days of the request.
(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 SB2439 Engrossed - 246 - LRB100 18051 XWW 33240 b 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.
(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 SB2439 Enrolled - 246 - LRB100 18051 XWW 33240 b 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.
SB2439 Engrossed - 247 - LRB100 18051 XWW 33240 b (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.
SB2439 Enrolled - 247 - LRB100 18051 XWW 33240 b (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 may order the examining physician or any member of the multidisciplinary team to provide to the Department any and all SB2439 Engrossed - 248 - LRB100 18051 XWW 33240 b 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 provide to the Department any and all SB2439 Enrolled - 248 - LRB100 18051 XWW 33240 b records, including business records, that relate to the examination and evaluation, including any supplemental testing performed.
If the Department finds a licensee, registrant, or applicant unable to practice because of the SB2439 Engrossed - 249 - LRB100 18051 XWW 33240 b 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.
If the Department finds a licensee, registrant, or applicant unable to practice because of the SB2439 Enrolled - 249 - LRB100 18051 XWW 33240 b 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.
(225 ILCS 454/20-20) (Section scheduled to be repealed on January 1, 2020) SB2439 Engrossed - 250 - LRB100 18051 XWW 33240 b Sec.
(225 ILCS 454/20-20) (Section scheduled to be repealed on January 1, 2020) SB2439 Enrolled - 250 - LRB100 18051 XWW 33240 b Sec.
(3) Inability to practice the profession with reasonable judgment, skill, or safety as a result of a physical illness, including, but not limited to, SB2439 Engrossed - 251 - LRB100 18051 XWW 33240 b deterioration through the aging process or loss of motor skill, or a mental illness or disability.
(3) Inability to practice the profession with reasonable judgment, skill, or safety as a result of a physical illness, including, but not limited to, SB2439 Enrolled - 251 - LRB100 18051 XWW 33240 b deterioration through the aging process or loss of motor skill, or a mental illness or disability.
(10) Making any substantial misrepresentation or SB2439 Engrossed - 252 - LRB100 18051 XWW 33240 b untruthful advertising.
(10) Making any substantial misrepresentation or SB2439 Enrolled - 252 - LRB100 18051 XWW 33240 b untruthful advertising.
SB2439 Engrossed - 253 - LRB100 18051 XWW 33240 b (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;
SB2439 Enrolled - 253 - LRB100 18051 XWW 33240 b (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;
SB2439 Engrossed - 254 - LRB100 18051 XWW 33240 b (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.
SB2439 Enrolled - 254 - LRB100 18051 XWW 33240 b (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.
SB2439 Engrossed - 255 - LRB100 18051 XWW 33240 b (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.
SB2439 Enrolled - 255 - LRB100 18051 XWW 33240 b (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.
SB2439 Engrossed - 256 - LRB100 18051 XWW 33240 b (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.
SB2439 Enrolled - 256 - LRB100 18051 XWW 33240 b (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.
(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 SB2439 Engrossed - 257 - LRB100 18051 XWW 33240 b housing on or in any street, block, neighborhood, or community.
(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 SB2439 Enrolled - 257 - LRB100 18051 XWW 33240 b housing on or in any street, block, neighborhood, or community.
These conditions or obligations include without limitation the requirement that the recipient attend a promotional activity or visit a SB2439 Engrossed - 258 - LRB100 18051 XWW 33240 b real estate site.
These conditions or obligations include without limitation the requirement that the recipient attend a promotional activity or visit a SB2439 Enrolled - 258 - LRB100 18051 XWW 33240 b real estate site.
(41) Failing to provide the minimum services required by Section 15-75 of this Act when acting under an exclusive SB2439 Engrossed - 259 - LRB100 18051 XWW 33240 b brokerage agreement.
(41) Failing to provide the minimum services required by Section 15-75 of this Act when acting under an exclusive SB2439 Enrolled - 259 - LRB100 18051 XWW 33240 b brokerage agreement.
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.
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 Enrolled - 260 - LRB100 18051 XWW 33240 b (a) of Section 2105-15 of the Civil Administrative Code of Illinois.
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.
The individual to be examined may have, at SB2439 Enrolled - 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.
In instances in which the Secretary immediately suspends a person's license under this Section, a hearing on that person's SB2439 Engrossed - 262 - LRB100 18051 XWW 33240 b license must be convened by the Department within 30 days after the suspension and completed without appreciable delay.
In instances in which the Secretary immediately suspends a person's license under this Section, a hearing on that person's SB2439 Enrolled - 262 - LRB100 18051 XWW 33240 b license must be convened by the Department within 30 days after the suspension and completed without appreciable delay.
The Agency may refuse to issue or to renew, or may revoke, suspend, or take other disciplinary action as the Agency may deem proper, SB2439 Engrossed - 263 - LRB100 18051 XWW 33240 b including fines not to exceed $1,000 for each violation, with regard to any license for any one or combination of the following causes:
The Agency may refuse to issue or to renew, or may revoke, suspend, or take other disciplinary action as the Agency may deem proper, SB2439 Enrolled - 263 - LRB100 18051 XWW 33240 b including fines not to exceed $1,000 for each violation, with regard to any license for any one or combination of the following causes:
SB2439 Engrossed - 264 - LRB100 18051 XWW 33240 b (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.
SB2439 Enrolled - 264 - LRB100 18051 XWW 33240 b (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.
(p) Gross and willful overcharging for professional SB2439 Engrossed - 265 - LRB100 18051 XWW 33240 b services, including filing false statements for collection of fees or moneys for which services are not rendered.
(p) Gross and willful overcharging for professional SB2439 Enrolled - 265 - LRB100 18051 XWW 33240 b services, including filing false statements for collection of fees or moneys for which services are not rendered.
1) SB2439 Engrossed - 266 - LRB100 18051 XWW 33240 b Sec.
1) SB2439 Enrolled - 266 - LRB100 18051 XWW 33240 b Sec.
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 SB2439 Engrossed - 267 - LRB100 18051 XWW 33240 b 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.
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 SB2439 Enrolled - 267 - LRB100 18051 XWW 33240 b 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.
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 SB2439 Engrossed - 268 - LRB100 18051 XWW 33240 b 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.
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 SB2439 Enrolled - 268 - LRB100 18051 XWW 33240 b 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.
SB2439 Engrossed - 269 - LRB100 18051 XWW 33240 b A.
SB2439 Enrolled - 269 - LRB100 18051 XWW 33240 b A.
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 SB2439 Engrossed - 270 - LRB100 18051 XWW 33240 b 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.
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 SB2439 Enrolled - 270 - LRB100 18051 XWW 33240 b 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) A list setting forth the name, residence and SB2439 Engrossed - 271 - LRB100 18051 XWW 33240 b 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;
(b) A list setting forth the name, residence and SB2439 Enrolled - 271 - LRB100 18051 XWW 33240 b 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;
a statement describing briefly any civil or criminal proceedings of which fraud is an essential element pending against each such individual and the facts SB2439 Engrossed - 272 - LRB100 18051 XWW 33240 b concerning any conviction of any such individual of a felony, or of any misdemeanor of which fraud is an essential element;
a statement describing briefly any civil or criminal proceedings of which fraud is an essential element pending against each such individual and the facts SB2439 Enrolled - 272 - LRB100 18051 XWW 33240 b concerning any conviction of any such individual of a felony, or of any misdemeanor of which fraud is an essential element;
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 SB2439 Engrossed - 273 - LRB100 18051 XWW 33240 b 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.
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 SB2439 Enrolled - 273 - LRB100 18051 XWW 33240 b 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.
(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, SB2439 Engrossed - 274 - LRB100 18051 XWW 33240 b and an undertaking that such applicant will continually maintain such insurance or other protection during the period of registration or re-registration.
(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, SB2439 Enrolled - 274 - LRB100 18051 XWW 33240 b and an undertaking that such applicant will continually maintain such insurance or other protection during the period of registration or re-registration.
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 SB2439 Engrossed - 275 - LRB100 18051 XWW 33240 b 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:
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 SB2439 Enrolled - 275 - LRB100 18051 XWW 33240 b 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:
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.
and (6) no individual shall be registered or re-registered SB2439 Enrolled - 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 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.
Any request for such a waiver shall be filed with the Secretary of State in such form as may be SB2439 Enrolled - 277 - LRB100 18051 XWW 33240 b prescribed by rule, regulation or order.
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.
The new registered dealer or limited Canadian dealer shall promptly file an application for SB2439 Enrolled - 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.
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.
Until October 10, 1999 or other date as may be legally permissible, a federal covered investment adviser who fails to file the notification SB2439 Enrolled - 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.
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;
SB2439 Enrolled - 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;
(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;
(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 Enrolled - 281 - LRB100 18051 XWW 33240 b judgment;
(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.
(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 Enrolled - 282 - LRB100 18051 XWW 33240 b adviser.
(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.
(10) No applicant shall be registered or re-registered as an investment adviser under this Section 8 unless the SB2439 Enrolled - 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.
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.
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 Enrolled - 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.
(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;
(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 Enrolled - 285 - LRB100 18051 XWW 33240 b refused, canceled, suspended, revoked or withdrawn;
and (7) A Securities Audit and Enforcement Fund fee SB2439 Engrossed - 286 - LRB100 18051 XWW 33240 b established under Section 11a of this Act, which shall not be returnable in any event.
and (7) A Securities Audit and Enforcement Fund fee SB2439 Enrolled - 286 - LRB100 18051 XWW 33240 b established under Section 11a of this Act, which shall not be returnable in any event.
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 SB2439 Engrossed - 287 - LRB100 18051 XWW 33240 b 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.
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 SB2439 Enrolled - 287 - LRB100 18051 XWW 33240 b 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.
(c) has failed to account for any money or property, or SB2439 Engrossed - 288 - LRB100 18051 XWW 33240 b has failed to deliver any security, to any person entitled thereto when due or within a reasonable time thereafter;
(c) has failed to account for any money or property, or SB2439 Enrolled - 288 - LRB100 18051 XWW 33240 b has failed to deliver any security, to any person entitled thereto when due or within a reasonable time thereafter;
SB2439 Engrossed - 289 - LRB100 18051 XWW 33240 b (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;
SB2439 Enrolled - 289 - LRB100 18051 XWW 33240 b (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;
(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 SB2439 Engrossed - 290 - LRB100 18051 XWW 33240 b practice in violation of any rule, regulation or standard duly promulgated by the self-regulatory organization;
(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 SB2439 Enrolled - 290 - LRB100 18051 XWW 33240 b practice in violation of any rule, regulation or standard duly promulgated by the self-regulatory organization;
(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 SB2439 Engrossed - 291 - LRB100 18051 XWW 33240 b 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;
(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 SB2439 Enrolled - 291 - LRB100 18051 XWW 33240 b 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;
SB2439 Engrossed - 292 - LRB100 18051 XWW 33240 b (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;
SB2439 Enrolled - 292 - LRB100 18051 XWW 33240 b (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;
(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, SB2439 Engrossed - 293 - LRB100 18051 XWW 33240 b 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.
(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, SB2439 Enrolled - 293 - LRB100 18051 XWW 33240 b 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.
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 SB2439 Engrossed - 294 - LRB100 18051 XWW 33240 b registration was effective.
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 SB2439 Enrolled - 294 - LRB100 18051 XWW 33240 b registration was effective.
and the registration or re-registration of an investment adviser and of SB2439 Engrossed - 295 - LRB100 18051 XWW 33240 b 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;
and the registration or re-registration of an investment adviser and of SB2439 Enrolled - 295 - LRB100 18051 XWW 33240 b 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;
SB2439 Engrossed - 296 - LRB100 18051 XWW 33240 b H.
SB2439 Enrolled - 296 - LRB100 18051 XWW 33240 b H.
Any application filed within 30 days SB2439 Engrossed - 297 - LRB100 18051 XWW 33240 b 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.
Any application filed within 30 days SB2439 Enrolled - 297 - LRB100 18051 XWW 33240 b 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.
(3) All the books and records referred to in paragraph (1) SB2439 Engrossed - 298 - LRB100 18051 XWW 33240 b 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.
(3) All the books and records referred to in paragraph (1) SB2439 Enrolled - 298 - LRB100 18051 XWW 33240 b 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.
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 SB2439 Engrossed - 299 - LRB100 18051 XWW 33240 b 8.
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 SB2439 Enrolled - 299 - LRB100 18051 XWW 33240 b 8.
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 SB2439 Engrossed - 300 - LRB100 18051 XWW 33240 b its determination to the Secretary of State or his or her designee.
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 SB2439 Enrolled - 300 - LRB100 18051 XWW 33240 b its determination to the Secretary of State or his or her designee.
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Action History

  1. Public Act . . . . . . . . . 100-0872

  2. Effective Date August 14, 2018

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Third Reading - Short Debate - Passed 104-003-000

  7. Added Alternate Chief Co-Sponsor Rep. Will Guzzardi

  8. Placed on Calendar Order of 3rd Reading - Short Debate

  9. Second Reading - Short Debate

  10. Placed on Calendar 2nd Reading - Short Debate

  11. Do Pass / Short Debate Business & Occupational Licenses Committee; 009-000-000

  12. Alternate Chief Co-Sponsor Changed to Rep. Tony McCombie

  13. Added Alternate Chief Co-Sponsor Rep. Tony McCombie

  14. Added Alternate Co-Sponsor Rep. Emanuel Chris Welch

  15. Added as Chief Co-Sponsor Sen. Jacqueline Y. Collins

  16. Assigned to Business & Occupational Licenses Committee

  17. Referred to Rules Committee

  18. First Reading

  19. Chief House Sponsor Rep. Carol Ammons

  20. Arrived in House

  21. Third Reading - Passed; 054-000-000

  22. Added as Co-Sponsor Sen. Steve Stadelman

  23. Rule 2-10 Third Reading Deadline Established As May 3, 2018

  24. Placed on Calendar Order of 3rd Reading April 24, 2018

  25. Second Reading

  26. Placed on Calendar Order of 2nd Reading March 13, 2018

  27. Do Pass as Amended Licensed Activities and Pensions; 009-000-000

  28. Senate Committee Amendment No. 1 Adopted

  29. Added as Co-Sponsor Sen. Omar Aquino

  30. Added as Co-Sponsor Sen. Iris Y. Martinez

  31. Senate Committee Amendment No. 1 Assignments Refers to Licensed Activities and Pensions

  32. Added as Co-Sponsor Sen. William R. Haine

  33. Added as Chief Co-Sponsor Sen. Melinda Bush

  34. Postponed - Licensed Activities and Pensions

  35. Senate Committee Amendment No. 1 Referred to Assignments

  36. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Scott M. Bennett

  37. Added as Co-Sponsor Sen. Ira I. Silverstein

  38. Added as Chief Co-Sponsor Sen. Thomas Cullerton

  39. Postponed - Licensed Activities and Pensions

  40. Added as Chief Co-Sponsor Sen. Michael Connelly

  41. Assigned to Licensed Activities and Pensions

  42. Referred to Assignments

  43. First Reading

  44. Filed with Secretary by Sen. Scott M. Bennett

Sponsors

  • Scott M. Bennett · Cosponsor
  • Emanuel Chris Welch · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 2 co-sponsors · 181 not signed on · 1 voted No

Sponsors (0)

None.

Co-sponsors (2)

  • Scott M. Bennett
  • Emanuel Chris Welch

Not signed on (181)

181 members have not signed on to this bill.

Show all 181 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 104 Yea · 3 Nay · 11 Other
Party YeaNayPresentNot Voting
Unaffiliated 63209
Republican 12000
Democrat 29102
Total 1043011
% of votes cast 88%3%0%9%
How each member voted (118)
Member Party Vote
Batinick — Not Voting
Bellock — Yea
Bourne — Yea
Breen — Yea
Bristow — Yea
Butler — Yea
Carroll — Yea
McAuliffe — Yea
Frese — Yea
Phillips — Yea
Sente — Yea
Bennett — Yea
Sauer — Yea
Brady — Yea
Greenwood — Yea
Harris, David — Yea
Lang — Yea
Harris, Gregory — Yea
Long — Yea
Hernandez — Yea
Burke, Daniel — Yea
McDermed — Yea
McSweeney — Yea
Jones — Yea
Stewart — Yea
Stratton — Yea
Tabares — Yea
Thapedi — Yea
Turner — Yea
Unes — Yea
Davis — Yea
Welter — Yea
Willis — Yea
Wheeler, Barbara — Yea
Wheeler, Keith — Yea
Mitchell, Bill — Yea
Yingling — Yea
Williams — Yea
Mitchell, Christian — Yea
Zalewski — Yea
Finnie, Natalie — Yea
Cavaletto — Yea
Connor — Yea
Conroy — Yea
Conyears-Ervin — Yea
Costello — Yea
Currie — Yea
D'Amico — Yea
Demmer — Yea
Durkin — Yea
Hays — Yea
Hurley — Yea
Jesiel — Yea
Madigan — Yea
Burke, Kelly — Not Voting
Skillicorn — Nay
Drury — Not Voting
Wallace — Not Voting
Wehrli — Not Voting
Flowers — Yea
Fortner — Not Voting
Ives — Nay
Jimenez — Yea
Olsen — Yea
Parkhurst — Yea
Pritchard — Yea
Reis — Yea
Riley — Not Voting
Sommer — Yea
Soto — Not Voting
Winger — Yea
Andersson — Yea
Arroyo — Yea
Chapa LaVia — Not Voting
Anna Moeller Democrat Yea
Anthony DeLuca Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Fred Crespo Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Julie A. Morrison Democrat Nay
Justin Slaughter Democrat Yea
Katie Stuart Democrat Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Laura Fine Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Not Voting
Marcus C. Evans, Jr. Democrat Yea
Martin J. Moylan Democrat Yea
Michael W. Halpin Democrat Not Voting
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robert F. Martwick Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
Sonya M. Harper Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Theresa Mah Democrat Yea
Will Guzzardi Democrat Yea
Brad Halbrook Republican Yea
Charles Meier Republican Yea
Christopher "C.D." Davidsmeyer Republican Yea
Dan Swanson Republican Yea
Dave Severin Republican Yea
Joe C. Sosnowski Republican Yea
John M. Cabello Republican Yea
Norine K. Hammond Republican Yea
Ryan Spain Republican Yea
Steven Reick Republican Yea
Terri Bryant Republican Yea
Tony M. McCombie Republican Yea

Official roll call →

Third Reading

Passed 54 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 30005
Republican 9000
Democrat 15000
Total 54005
% of votes cast 92%0%0%8%
How each member voted (59)
Member Party Vote
Bertino-Tarrant — Yea
Biss — Yea
Bivins — Yea
Bush — Yea
Connelly — Yea
McCarter — Not Voting
Manar — Yea
McCann — Yea
Rooney — Yea
Bennett — Yea
Harris — Yea
McGuire — Yea
Haine — Yea
Link — Yea
McConnaughay — Not Voting
Mulroe — Yea
Nybo — Yea
Brady — Yea
Oberweis — Yea
Silverstein — Not Voting
Cullerton — Yea
Cullerton, T. — Yea
Clayborne — Yea
Hutchinson — Not Voting
Muñoz — Yea
Raoul — Yea
Righter — Yea
Sandoval — Yea
Schimpf — Yea
Steans — Yea
Landek — Not Voting
Althoff — Yea
Martinez — Yea
Barickman — Yea
Van Pelt — Yea
Bill Cunningham Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Omar Aquino Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Dale Fowler Republican Yea
Dan McConchie Republican Yea
Dave Syverson Republican Yea
Jil Tracy Republican Yea
John F. Curran Republican Yea
Neil Anderson Republican Yea
Sue Rezin Republican Yea
Travis Weaver Republican Yea

Official roll call →

Subjects

labor education
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 2439 do?
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.
Who sponsors SB 2439?
SB 2439 is sponsored by Scott M. Bennett and Emanuel Chris Welch.
What is the current status of SB 2439?
This bill has been enacted into law. Introduced January 30, 2018. Enacted.
Where can I track SB 2439?
Track SB 2439 free on One Click Politics — get push/email alerts when it moves.

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