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1		AN ACT concerning regulation.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Regulatory Sunset Act is amended by
5		changing Sections 4.32 and 4.37 as follows:
6		(5 ILCS 80/4.32)
7		Sec. 4.32. Acts repealed on January 1, 2022. The following
8		Acts are repealed on January 1, 2022:
9		The Boxing and Full-contact Martial Arts Act.
10		The Cemetery Oversight Act.
11		The Collateral Recovery Act.
12		The Community Association Manager Licensing and
13		Disciplinary Act.
14		The Crematory Regulation Act.
15		The Detection of Deception Examiners Act.
16		The Home Inspector License Act.
17		The Illinois Health Information Exchange and Technology
18		Act.
19		The Medical Practice Act of 1987.
20		The Registered Interior Designers Act.
21		The Massage Licensing Act.
22		The Petroleum Equipment Contractors Licensing Act.
23		The Radiation Protection Act of 1990.

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1		The Real Estate Appraiser Licensing Act of 2002.
2		The Water Well and Pump Installation Contractor's License
3		Act.
4		(Source: P.A. 100-920, eff. 8-17-18; 101-316, eff. 8-9-19;
5		101-614, eff. 12-20-19; 101-639, eff. 6-12-20.)
6		(5 ILCS 80/4.37)
7		Sec. 4.37. Acts and Articles repealed on January 1, 2027.
8		The following are repealed on January 1, 2027:
9		The Clinical Psychologist Licensing Act.
10		The Illinois Optometric Practice Act of 1987.
11		Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI,
12		XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
13		The Boiler and Pressure Vessel Repairer Regulation Act.
14		The Marriage and Family Therapy Licensing Act.
15		The Boxing and Full-contact Martial Arts Act.
16		The Cemetery Oversight Act.
17		The Community Association Manager Licensing and
18		Disciplinary Act.
19		The Detection of Deception Examiners Act.
20		The Home Inspector License Act.
21		The Massage Licensing Act.
22		The Medical Practice Act of 1987.
23		The Petroleum Equipment Contractors Licensing Act.
24		The Radiation Protection Act of 1990.
25		The Real Estate Appraiser Licensing Act of 2002.

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1		The Registered Interior Designers Act.
2		(Source: P.A. 99-572, eff. 7-15-16; 99-909, eff. 12-16-16;
3		99-910, eff. 12-16-16; 99-911, eff. 12-16-16; 100-201, eff.
4		8-18-17; 100-372, eff. 8-25-17.)
5		Section 10. The Department of Professional Regulation Law
6		of the Civil Administrative Code of Illinois is amended by
7		changing Sections 2105-35 and 2105-120 as follows:
8		(20 ILCS 2105/2105-35)
9		Sec. 2105-35. Prohibited uses of roster of information.
10		Notwithstanding any other provision of law to the contrary,
11		any roster of information including, but not limited to, the
12		licensee's name, address, and profession, shall not be used by
13		a third party for the purpose of marketing goods or services
14		not related to the licensee's profession. Rosters provided by
15		the Department shall comply with the requirements set forth
16		under the Freedom of Information Act.
17		(Source: P.A. 96-978, eff. 7-2-10.)
18		(20 ILCS 2105/2105-120) (was 20 ILCS 2105/60g)
19		Sec. 2105-120. Board's report; licensee's or applicant's
20		motion for rehearing.
21		(a) The board shall present to the Secretary Director its
22		written report of its findings and recommendations. A copy of
23		the report shall be served upon the licensee or applicant,

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1		either personally or by mail or email as provided in Section
2		2105-100 for the service of the notice. The Secretary may
3		issue an order that deviates from the board's report and is not
4		required to provide the board with an explanation of the
5		deviation.
6		(b) Within 20 days after the service required under
7		subsection (a), the licensee or applicant may present to the
8		Department a motion in writing for a rehearing. The written
9		motion shall specify the particular grounds for a rehearing.
10		If the licensee or applicant orders and pays for a transcript
11		of the record as provided in Section 2105-115, the time
12		elapsing thereafter and before the transcript is ready for
13		delivery to the licensee or applicant shall not be counted as
14		part of the 20 days.
15		(Source: P.A. 99-227, eff. 8-3-15; 100-262, eff. 8-22-17.)
16		Section 15. The Massage Licensing Act is amended by
17		changing Sections 1, 10, 15, 25, 32, 45, 50, 60, and 95 and by
18		adding Section 12 as follows:
19		(225 ILCS 57/1)
20		(Section scheduled to be repealed on January 1, 2022)
21		Sec. 1. Short title. This Act may be cited as the Massage
22		Therapy Practice Licensing Act.
23		(Source: P.A. 92-860, eff. 6-1-03.)

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1		(225 ILCS 57/10)
2		(Section scheduled to be repealed on January 1, 2022)
3		Sec. 10. Definitions. As used in this Act:
4		"Address of Record" means the designated address recorded
5		by the Department in the applicant's or licensee's application
6		file or license file as maintained by the Department's
7		licensure maintenance unit. It is the duty of the applicant or
8		licensee to inform the Department of any change of address and
9		those changes must be made either through the Department's
10		website or by contacting the Department.
11		"Approved massage school" means a facility which meets
12		minimum standards for training and curriculum as determined by
13		the Department.
14		"Board" means the Massage Licensing Board appointed by the
15		Secretary.
16		"Compensation" means the payment, loan, advance, donation,
17		contribution, deposit, or gift of money or anything of value.
18		"Department" means the Department of Financial and
19		Professional Regulation.
20		"Email address of record" means the designated email
21		address recorded by the Department in the applicant's
22		application file or the licensee's license file, as maintained
23		by the Department's licensure maintenance unit.
24		"Massage" or "massage therapy" means a system of
25		structured palpation or movement of the soft tissue of the
26		body. The system may include, but is not limited to,

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1		techniques such as effleurage or stroking and gliding,
2		petrissage or kneading, tapotement or percussion, friction,
3		vibration, compression, and stretching activities as they
4		pertain to massage therapy. These techniques may be applied by
5		a licensed massage therapist with or without the aid of
6		lubricants, salt or herbal preparations, hydromassage, thermal
7		massage, or a massage device that mimics or enhances the
8		actions possible by human hands. The purpose of the practice
9		of massage, as licensed under this Act, is to enhance the
10		general health and well-being of the mind and body of the
11		recipient. "Massage" does not include the diagnosis of a
12		specific pathology. "Massage" does not include those acts of
13		physical therapy or therapeutic or corrective measures that
14		are outside the scope of massage therapy practice as defined
15		in this Section.
16		"Massage therapist" means a person who is licensed by the
17		Department and administers massage for compensation.
18		"Professional massage or bodywork therapy association"
19		means a state or nationally chartered organization that is
20		devoted to the massage specialty and therapeutic approach and
21		meets the following requirements:
22		(1) The organization requires that its members meet
23		minimum educational requirements. The educational
24		requirements must include anatomy, physiology, hygiene,
25		sanitation, ethics, technical theory, and application of
26		techniques.

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1		(2) The organization has an established code of ethics
2		and has procedures for the suspension and revocation of
3		membership of persons violating the code of ethics.
4		"Secretary" means the Secretary of Financial and
5		Professional Regulation.
6		(Source: P.A. 97-514, eff. 8-23-11.)
7		(225 ILCS 57/12 new)
8		Sec. 12. Address of record; email address of record. All
9		applicants and licensees shall:
10		(1) provide a valid address and email address to the
11		Department, which shall serve as the address of record and
12		email address of record, respectively, at the time of
13		application for licensure or renewal of a license; and
14		(2) inform the Department of any change of address of
15		record or email address of record within 14 days after
16		such change either through the Department's website or by
17		contacting the Department's licensure maintenance unit.
18		(225 ILCS 57/15)
19		(Section scheduled to be repealed on January 1, 2022)
20		Sec. 15. Licensure requirements.
21		(a) Persons engaged in massage for compensation must be
22		licensed by the Department. The Department shall issue a
23		license to an individual who meets all of the following
24		requirements:

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1		(1) The applicant has applied in writing on the
2		prescribed forms and has paid the required fees.
3		(2) The applicant is at least 18 years of age and of
4		good moral character. In determining good moral character,
5		the Department may take into consideration conviction of
6		any crime under the laws of the United States or any state
7		or territory thereof that is a felony or a misdemeanor or
8		any crime that is directly related to the practice of the
9		profession. Such a conviction shall not operate
10		automatically as a complete bar to a license, except in
11		the case of any conviction for prostitution, rape, or
12		sexual misconduct, or where the applicant is a registered
13		sex offender.
14		(3) The applicant has met one of the following
15		requirements: (A) has successfully completed a massage
16		therapy program approved by the Department that requires a
17		minimum of 500 hours, except applicants applying on or
18		after January 1, 2014 shall meet a minimum requirement of
19		600 hours, and has passed a competency examination
20		approved by the Department. ; (B) holds a current license
21		from another jurisdiction having licensure requirements
22		that include the completion of a massage therapy program
23		of at least 500 hours; or (C) (blank).
24		(b) Each applicant for licensure as a massage therapist
25		shall have his or her fingerprints submitted to the Department
26		of State Police in an electronic format that complies with the

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1		form and manner for requesting and furnishing criminal history
2		record information as prescribed by the Department of State
3		Police. These fingerprints shall be checked against the
4		Department of State Police and Federal Bureau of Investigation
5		criminal history record databases now and hereafter filed. The
6		Department of State Police shall charge applicants a fee for
7		conducting the criminal history records check, which shall be
8		deposited into the State Police Services Fund and shall not
9		exceed the actual cost of the records check. The Department of
10		State Police shall furnish, pursuant to positive
11		identification, records of Illinois convictions to the
12		Department. The Department may require applicants to pay a
13		separate fingerprinting fee, either to the Department or to a
14		vendor. The Department, in its discretion, may allow an
15		applicant who does not have reasonable access to a designated
16		vendor to provide his or her fingerprints in an alternative
17		manner. The Department may adopt any rules necessary to
18		implement this Section.
19		(Source: P.A. 97-514, eff. 8-23-11.)
20		(225 ILCS 57/25)
21		(Section scheduled to be repealed on January 1, 2022)
22		Sec. 25. Exemptions.
23		(a) This Act does not prohibit a person licensed under any
24		other Act in this State from engaging in the practice for which
25		he or she is licensed.

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1		(b) Persons exempted under this Section include, but are
2		not limited to, physicians, podiatric physicians, naprapaths,
3		and physical therapists.
4		(c) Nothing in this Act prohibits qualified members of
5		other professional groups, including but not limited to
6		nurses, occupational therapists, cosmetologists, and
7		estheticians, from performing massage in a manner consistent
8		with their training and the code of ethics of their respective
9		professions.
10		(d) Nothing in this Act prohibits a student of an approved
11		massage school or program from performing massage, provided
12		that the student does not hold himself or herself out as a
13		licensed massage therapist and does not receive compensation,
14		including tips, for massage therapy services.
15		(e) Nothing in this Act prohibits practitioners that do
16		not involve intentional soft tissue manipulation, including
17		but not limited to Alexander Technique, Feldenkrais, Reike,
18		and Therapeutic Touch, from practicing.
19		(f) Practitioners of certain service marked bodywork
20		approaches that do involve intentional soft tissue
21		manipulation, including but not limited to Rolfing, Trager
22		Approach, Polarity Therapy, and Orthobionomy, are exempt from
23		this Act if they are approved by their governing body based on
24		a minimum level of training, demonstration of competency, and
25		adherence to ethical standards.
26		(g) Until January 1, 2024 2020, practitioners of Asian

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1		bodywork approaches are exempt from this Act if they are
2		members of the American Organization for of Bodywork Therapies
3		of Asia are exempt from licensure under this Act as certified
4		practitioners or if they are approved by an Asian bodywork
5		organization based on a minimum level of training,
6		demonstration of competency, and adherence to ethical
7		standards set by their governing body.
8		(h) Practitioners of other forms of bodywork who restrict
9		manipulation of soft tissue to the feet, hands, and ears, and
10		who do not have the client disrobe, such as reflexology, are
11		exempt from this Act.
12		(i) Nothing in this Act applies to massage therapists from
13		other states or countries when providing educational programs
14		or services for a period not exceeding 30 days within a
15		calendar year.
16		(j) Nothing in this Act prohibits a person from treating
17		ailments by spiritual means through prayer alone in accordance
18		with the tenets and practices of a recognized church or
19		religious denomination.
20		(k) Nothing in this Act applies to the practice of massage
21		therapy by a person either actively licensed as a massage
22		therapist in another state or currently certified by the
23		National Certification Board of Therapeutic Massage and
24		Bodywork or other national certifying body if said person's
25		state does not license massage therapists, if he or she is
26		performing his or her duties for a Department-approved

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1		educational program for less than 30 days in a calendar year, a
2		Department-approved continuing education program for less than
3		30 days in a calendar year, a non-Illinois based team or
4		professional organization, or for a national athletic event
5		held in this State, so long as he or she restricts his or her
6		practice to his or her team or organization or to event
7		participants during the course of his or her team's or
8		organization's stay in this State or for the duration of the
9		event.
10		(Source: P.A. 101-421, eff. 8-16-19.)
11		(225 ILCS 57/32)
12		(Section scheduled to be repealed on January 1, 2022)
13		Sec. 32. Display. Every holder of a license shall display
14		it, or a copy, in a conspicuous place in the holder's principal
15		office or any other location where the holder renders massage
16		therapy services. Every displayed license shall have the
17		license number visible.
18		(Source: P.A. 97-514, eff. 8-23-11.)
19		(225 ILCS 57/45)
20		(Section scheduled to be repealed on January 1, 2022)
21		Sec. 45. Grounds for discipline.
22		(a) The Department may refuse to issue or renew, or may
23		revoke, suspend, place on probation, reprimand, or take other
24		disciplinary or non-disciplinary action, as the Department

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1		considers appropriate, including the imposition of fines not
2		to exceed $10,000 for each violation, with regard to any
3		license or licensee for any one or more of the following:
4		(1) violations of this Act or of the rules adopted
5		under this Act;
6		(2) conviction by plea of guilty or nolo contendere,
7		finding of guilt, jury verdict, or entry of judgment or by
8		sentencing of any crime, including, but not limited to,
9		convictions, preceding sentences of supervision,
10		conditional discharge, or first offender probation, under
11		the laws of any jurisdiction of the United States: (i)
12		that is a felony; or (ii) that is a misdemeanor, an
13		essential element of which is dishonesty, or that is
14		directly related to the practice of the profession;
15		(3) professional incompetence;
16		(4) advertising in a false, deceptive, or misleading
17		manner, including failing to use the massage therapist's
18		own license number in an advertisement;
19		(5) aiding, abetting, assisting, procuring, advising,
20		employing, or contracting with any unlicensed person to
21		practice massage contrary to any rules or provisions of
22		this Act;
23		(6) engaging in immoral conduct in the commission of
24		any act, such as sexual abuse, sexual misconduct, or
25		sexual exploitation, related to the licensee's practice;
26		(7) engaging in dishonorable, unethical, or

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1		unprofessional conduct of a character likely to deceive,
2		defraud, or harm the public;
3		(8) practicing or offering to practice beyond the
4		scope permitted by law or accepting and performing
5		professional responsibilities which the licensee knows or
6		has reason to know that he or she is not competent to
7		perform;
8		(9) knowingly delegating professional
9		responsibilities to a person unqualified by training,
10		experience, or licensure to perform;
11		(10) failing to provide information in response to a
12		written request made by the Department within 60 days;
13		(11) having a habitual or excessive use of or
14		addiction to alcohol, narcotics, stimulants, or any other
15		chemical agent or drug which results in the inability to
16		practice with reasonable judgment, skill, or safety;
17		(12) having a pattern of practice or other behavior
18		that demonstrates incapacity or incompetence to practice
19		under this Act;
20		(13) discipline by another state, District of
21		Columbia, territory, or foreign nation, if at least one of
22		the grounds for the discipline is the same or
23		substantially equivalent to those set forth in this
24		Section;
25		(14) a finding by the Department that the licensee,
26		after having his or her license placed on probationary

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1		status, has violated the terms of probation;
2		(15) willfully making or filing false records or
3		reports in his or her practice, including, but not limited
4		to, false records filed with State agencies or
5		departments;
6		(16) making a material misstatement in furnishing
7		information to the Department or otherwise making
8		misleading, deceptive, untrue, or fraudulent
9		representations in violation of this Act or otherwise in
10		the practice of the profession;
11		(17) fraud or misrepresentation in applying for or
12		procuring a license under this Act or in connection with
13		applying for renewal of a license under this Act;
14		(18) inability to practice the profession with
15		reasonable judgment, skill, or safety as a result of
16		physical illness, including, but not limited to,
17		deterioration through the aging process, loss of motor
18		skill, or a mental illness or disability;
19		(19) charging for professional services not rendered,
20		including filing false statements for the collection of
21		fees for which services are not rendered;
22		(20) practicing under a false or, except as provided
23		by law, an assumed name; or
24		(21) cheating on or attempting to subvert the
25		licensing examination administered under this Act.
26		All fines shall be paid within 60 days of the effective

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1		date of the order imposing the fine.
2		(b) A person not licensed under this Act and engaged in the
3		business of offering massage therapy services through others,
4		shall not aid, abet, assist, procure, advise, employ, or
5		contract with any unlicensed person to practice massage
6		therapy contrary to any rules or provisions of this Act. A
7		person violating this subsection (b) shall be treated as a
8		licensee for the purposes of disciplinary action under this
9		Section and shall be subject to cease and desist orders as
10		provided in Section 90 of this Act.
11		(c) The Department shall revoke any license issued under
12		this Act of any person who is convicted of prostitution, rape,
13		sexual misconduct, or any crime that subjects the licensee to
14		compliance with the requirements of the Sex Offender
15		Registration Act and any such conviction shall operate as a
16		permanent bar in the State of Illinois to practice as a massage
17		therapist.
18		(d) The Department may refuse to issue or may suspend the
19		license of any person who fails to file a tax return, to pay
20		the tax, penalty, or interest shown in a filed tax return, or
21		to pay any final assessment of tax, penalty, or interest, as
22		required by any tax Act administered by the Illinois
23		Department of Revenue, until such time as the requirements of
24		the tax Act are satisfied in accordance with subsection (g) of
25		Section 2105-15 of the Civil Administrative Code of Illinois.
26		(e) (Blank).

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

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

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1		terms of the agreement, the Department may file a complaint to
2		revoke, suspend, or otherwise discipline the license of the
3		individual. The Secretary may order the license suspended
4		immediately, pending a hearing by the Department. Fines shall
5		not be assessed in disciplinary actions involving physical or
6		mental illness or impairment.
7		In instances in which the Secretary immediately suspends a
8		person's license under this Section, a hearing on that
9		person's license must be convened by the Department within 15
10		days after the suspension and completed without appreciable
11		delay. The Department and Board shall have the authority to
12		review the subject individual's record of treatment and
13		counseling regarding the impairment to the extent permitted by
14		applicable federal statutes and regulations safeguarding the
15		confidentiality of medical records.
16		An individual licensed under this Act and affected under
17		this Section shall be afforded an opportunity to demonstrate
18		to the Department or Board that he or she can resume practice
19		in compliance with acceptable and prevailing standards under
20		the provisions of his or her license.
21		(Source: P.A. 100-872, eff. 8-14-18.)
22		(225 ILCS 57/50)
23		(Section scheduled to be repealed on January 1, 2022)
24		Sec. 50. Advertising. It is a misdemeanor for any person,
25		organization, or corporation to advertise massage services

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1		unless the person providing the service holds a valid license
2		under this Act, except for those excluded licensed
3		professionals who are allowed to include massage in their
4		scope of practice. A massage therapist may not advertise
5		unless he or she has a current license issued by this State. A
6		massage therapist shall include the current license number
7		issued by the Department on all advertisements in accordance
8		with paragraph (4) of subsection (a) of Section 45.
9		"Advertise" as used in this Section includes, but is not
10		limited to, the issuance of any card, sign, or device to any
11		person; the causing, permitting, or allowing of any sign or
12		marking on or in any building, vehicle, or structure;
13		advertising in any newspaper or magazine; any listing or
14		advertising in any directory under a classification or heading
15		that includes the words "massage", "massage therapist",
16		"therapeutic massage", or "massage therapeutic"; or
17		commercials broadcast by any means.
18		(Source: P.A. 92-860, eff. 6-1-03.)
19		(225 ILCS 57/60)
20		(Section scheduled to be repealed on January 1, 2022)
21		Sec. 60. Illinois Administrative Procedure Act. The
22		Illinois Administrative Procedure Act is hereby expressly
23		adopted and incorporated herein as if all of the provisions of
24		that Act were included in this Act, except that the provision
25		of subsection (d) of Section 10-65 of the Illinois

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1		Administrative Procedure Act that provides that at hearings
2		the licensee has the right to show compliance with all lawful
3		requirements for retention, continuation, or renewal of the
4		license is specifically excluded. For the purposes of this Act
5		the notice required under Section 10-25 of the Illinois
6		Administrative Procedure Act is deemed sufficient when mailed
7		to the address of record or emailed to the email address of
8		record of a party.
9		(Source: P.A. 97-514, eff. 8-23-11.)
10		(225 ILCS 57/95)
11		(Section scheduled to be repealed on January 1, 2022)
12		Sec. 95. Investigations; notice and hearing. The
13		Department may investigate the actions of any applicant or of
14		any person or persons rendering or offering to render massage
15		therapy services or any person holding or claiming to hold a
16		license as a massage therapist. The Department shall, before
17		refusing to issue or renew a license or to discipline a
18		licensee under Section 45, at least 30 days prior to the date
19		set for the hearing, (i) notify the accused in writing of the
20		charges made and the time and place for the hearing on the
21		charges, (ii) direct him or her to file a written answer with
22		the Department under oath within 20 days after the service of
23		the notice, and (iii) inform the applicant or licensee that
24		failure to file an answer will result in a default judgment
25		being entered against the applicant or licensee. At the time

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1		and place fixed in the notice, the Department shall proceed to
2		hear the charges and the parties of their counsel shall be
3		accorded ample opportunity to present any pertinent
4		statements, testimony, evidence, and arguments. The Department
5		may continue the hearing from time to time. In case the person,
6		after receiving the notice, fails to file an answer, his or her
7		license may, in the discretion of the Department, be revoked,
8		suspended, placed on probationary status, or the Department
9		may take whatever disciplinary actions considered proper,
10		including limiting the scope, nature, or extent of the
11		person's practice or the imposition of a fine, without a
12		hearing, if the act or acts charged constitute sufficient
13		grounds for that action under the Act. The written notice may
14		be served by personal delivery, or by certified mail to the
15		accused's address of record, or by email to the accused's
16		email address of record.
17		(Source: P.A. 97-514, eff. 8-23-11.)
18		Section 20. The Medical Practice Act of 1987 is amended by
19		changing Sections 2, 7, 7.5, 8, 8.1, 9, 9.3, 17, 18, 19, 21,
20		22, 23, 24, 25, 35, 36, 37, 38, 39, 40, 41, 42, 44, and 47 and
21		by adding Sections 7.1 and 7.2 as follows:
22		(225 ILCS 60/2) (from Ch. 111, par. 4400-2)
23		(Section scheduled to be repealed on January 1, 2022)
24		Sec. 2. Definitions. For purposes of this Act, the

HB0806 Enrolled - 23 - LRB102 02614 SPS 12617 b
1		following definitions shall have the following meanings,
2		except where the context requires otherwise:
3		"Act" means the Medical Practice Act of 1987.
4		"Address of record" means the designated address recorded
5		by the Department in the applicant's or licensee's application
6		file or license file as maintained by the Department's
7		licensure maintenance unit.
8		"Chiropractic physician" means a person licensed to treat
9		human ailments without the use of drugs and without operative
10		surgery. Nothing in this Act shall be construed to prohibit a
11		chiropractic physician from providing advice regarding the use
12		of non-prescription products or from administering atmospheric
13		oxygen. Nothing in this Act shall be construed to authorize a
14		chiropractic physician to prescribe drugs.
15		"Department" means the Department of Financial and
16		Professional Regulation.
17		"Disciplinary action" means revocation, suspension,
18		probation, supervision, practice modification, reprimand,
19		required education, fines or any other action taken by the
20		Department against a person holding a license.
21		"Disciplinary Board" means the Medical Disciplinary Board.
22		"Email address of record" means the designated email
23		address recorded by the Department in the applicant's
24		application file or the licensee's license file, as maintained
25		by the Department's licensure maintenance unit.
26		"Final determination" means the governing body's final

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1		action taken under the procedure followed by a health care
2		institution, or professional association or society, against
3		any person licensed under the Act in accordance with the
4		bylaws or rules and regulations of such health care
5		institution, or professional association or society.
6		"Fund" means the Illinois State Medical Disciplinary Fund.
7		"Impaired" means the inability to practice medicine with
8		reasonable skill and safety due to physical or mental
9		disabilities as evidenced by a written determination or
10		written consent based on clinical evidence including
11		deterioration through the aging process or loss of motor
12		skill, or abuse of drugs or alcohol, of sufficient degree to
13		diminish a person's ability to deliver competent patient care.
14		"Licensing Board" means the Medical Licensing Board.
15		"Medical Board" means the Illinois State Medical Board.
16		"Physician" means a person licensed under the Medical
17		Practice Act to practice medicine in all of its branches or a
18		chiropractic physician.
19		"Professional association" means an association or society
20		of persons licensed under this Act, and operating within the
21		State of Illinois, including but not limited to, medical
22		societies, osteopathic organizations, and chiropractic
23		organizations, but this term shall not be deemed to include
24		hospital medical staffs.
25		"Program of care, counseling, or treatment" means a
26		written schedule of organized treatment, care, counseling,

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1		activities, or education, satisfactory to the Medical
2		Disciplinary Board, designed for the purpose of restoring an
3		impaired person to a condition whereby the impaired person can
4		practice medicine with reasonable skill and safety of a
5		sufficient degree to deliver competent patient care.
6		"Reinstate" means to change the status of a license from
7		inactive or nonrenewed status to active status.
8		"Restore" means to remove an encumbrance from a license
9		due to probation, suspension, or revocation.
10		"Secretary" means the Secretary of the Department of
11		Financial and Professional Regulation.
12		(Source: P.A. 99-933, eff. 1-27-17; 100-429, eff. 8-25-17.)
13		(225 ILCS 60/7) (from Ch. 111, par. 4400-7)
14		(Section scheduled to be repealed on January 1, 2022)
15		Sec. 7. Medical Disciplinary Board.
16		(A) There is hereby created the Illinois State Medical
17		Disciplinary Board. The Disciplinary Board shall consist of 11
18		members, to be appointed by the Governor by and with the advice
19		and consent of the Senate. All members shall be residents of
20		the State, not more than 6 of whom shall be members of the same
21		political party. All members shall be voting members. Five
22		members shall be physicians licensed to practice medicine in
23		all of its branches in Illinois possessing the degree of
24		doctor of medicine. One member shall be a physician licensed
25		to practice medicine in all its branches in Illinois

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1		possessing the degree of doctor of osteopathy or osteopathic
2		medicine. One member shall be a chiropractic physician
3		licensed to practice in Illinois and possessing the degree of
4		doctor of chiropractic. Four members shall be members of the
5		public, who shall not be engaged in any way, directly or
6		indirectly, as providers of health care.
7		(B) Members of the Disciplinary Board shall be appointed
8		for terms of 4 years. Upon the expiration of the term of any
9		member, their successor shall be appointed for a term of 4
10		years by the Governor by and with the advice and consent of the
11		Senate. The Governor shall fill any vacancy for the remainder
12		of the unexpired term with the advice and consent of the
13		Senate. Upon recommendation of the Board, any member of the
14		Disciplinary Board may be removed by the Governor for
15		misfeasance, malfeasance, or wilful neglect of duty, after
16		notice, and a public hearing, unless such notice and hearing
17		shall be expressly waived in writing. Each member shall serve
18		on the Disciplinary Board until their successor is appointed
19		and qualified. No member of the Disciplinary Board shall serve
20		more than 2 consecutive 4 year terms.
21		In making appointments the Governor shall attempt to
22		insure that the various social and geographic regions of the
23		State of Illinois are properly represented.
24		In making the designation of persons to act for the
25		several professions represented on the Disciplinary Board, the
26		Governor shall give due consideration to recommendations by

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1		members of the respective professions and by organizations
2		therein.
3		(C) The Disciplinary Board shall annually elect one of its
4		voting members as chairperson and one as vice chairperson. No
5		officer shall be elected more than twice in succession to the
6		same office. Each officer shall serve until their successor
7		has been elected and qualified.
8		(D) (Blank).
9		(E) Six voting members of the Disciplinary Board, at least
10		4 of whom are physicians, shall constitute a quorum. A vacancy
11		in the membership of the Disciplinary Board shall not impair
12		the right of a quorum to exercise all the rights and perform
13		all the duties of the Disciplinary Board. Any action taken by
14		the Disciplinary Board under this Act may be authorized by
15		resolution at any regular or special meeting and each such
16		resolution shall take effect immediately. The Disciplinary
17		Board shall meet at least quarterly.
18		(F) Each member, and member-officer, of the Disciplinary
19		Board shall receive a per diem stipend as the Secretary shall
20		determine. Each member shall be paid their necessary expenses
21		while engaged in the performance of their duties.
22		(G) The Secretary shall select a Chief Medical Coordinator
23		and not less than 2 Deputy Medical Coordinators who shall not
24		be members of the Disciplinary Board. Each medical coordinator
25		shall be a physician licensed to practice medicine in all of
26		its branches, and the Secretary shall set their rates of

HB0806 Enrolled - 28 - LRB102 02614 SPS 12617 b
1		compensation. The Secretary shall assign at least one medical
2		coordinator to a region composed of Cook County and such other
3		counties as the Secretary may deem appropriate, and such
4		medical coordinator or coordinators shall locate their office
5		in Chicago. The Secretary shall assign at least one medical
6		coordinator to a region composed of the balance of counties in
7		the State, and such medical coordinator or coordinators shall
8		locate their office in Springfield. The Chief Medical
9		Coordinator shall be the chief enforcement officer of this
10		Act. None of the functions, powers, or duties of the
11		Department with respect to policies regarding enforcement or
12		discipline under this Act, including the adoption of such
13		rules as may be necessary for the administration of this Act,
14		shall be exercised by the Department except upon review of the
15		Disciplinary Board.
16		The Secretary shall employ, in conformity with the
17		Personnel Code, investigators who are college graduates with
18		at least 2 years of investigative experience or one year of
19		advanced medical education. Upon the written request of the
20		Disciplinary Board, the Secretary shall employ, in conformity
21		with the Personnel Code, such other professional, technical,
22		investigative, and clerical help, either on a full or
23		part-time basis as the Disciplinary Board deems necessary for
24		the proper performance of its duties.
25		(H) Upon the specific request of the Disciplinary Board,
26		signed by either the chairperson, vice chairperson, or a

HB0806 Enrolled - 29 - LRB102 02614 SPS 12617 b
1		medical coordinator of the Disciplinary Board, the Department
2		of Human Services, the Department of Healthcare and Family
3		Services, the Department of State Police, or any other law
4		enforcement agency located in this State shall make available
5		any and all information that they have in their possession
6		regarding a particular case then under investigation by the
7		Disciplinary Board.
8		(I) Members of the Disciplinary Board shall be immune from
9		suit in any action based upon any disciplinary proceedings or
10		other acts performed in good faith as members of the
11		Disciplinary Board.
12		(J) The Disciplinary Board may compile and establish a
13		statewide roster of physicians and other medical
14		professionals, including the several medical specialties, of
15		such physicians and medical professionals, who have agreed to
16		serve from time to time as advisors to the medical
17		coordinators. Such advisors shall assist the medical
18		coordinators or the Disciplinary Board in their investigations
19		and participation in complaints against physicians. Such
20		advisors shall serve under contract and shall be reimbursed at
21		a reasonable rate for the services provided, plus reasonable
22		expenses incurred. While serving in this capacity, the
23		advisor, for any act undertaken in good faith and in the
24		conduct of his or her duties under this Section, shall be
25		immune from civil suit.
26		(K) This Section is inoperative when a majority of the

HB0806 Enrolled - 30 - LRB102 02614 SPS 12617 b
1		Medical Board is appointed. This Section is repealed one year
2		after the effective date of this amendatory Act of the 102nd
3		General Assembly.
4		(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
5		(225 ILCS 60/7.1 new)
6		Sec. 7.1. Medical Board.
7		(A) There is hereby created the Illinois State Medical
8		Board. The Medical Board shall consist of 17 members, to be
9		appointed by the Governor by and with the advice and consent of
10		the Senate. All members shall be residents of the State, not
11		more than 8 of whom shall be members of the same political
12		party. All members shall be voting members. Eight members
13		shall be physicians licensed to practice medicine in all of
14		its branches in Illinois possessing the degree of doctor of
15		medicine. Two members shall be physicians licensed to practice
16		medicine in all its branches in Illinois possessing the degree
17		of doctor of osteopathy or osteopathic medicine. Two of the
18		physician members shall be physicians who collaborate with
19		physician assistants. Two members shall be chiropractic
20		physicians licensed to practice in Illinois and possessing the
21		degree of doctor of chiropractic. Two members shall be
22		physician assistants licensed to practice in Illinois. Three
23		members shall be members of the public, who shall not be
24		engaged in any way, directly or indirectly, as providers of
25		health care.

HB0806 Enrolled - 31 - LRB102 02614 SPS 12617 b
1		(B) Members of the Medical Board shall be appointed for
2		terms of 4 years. Upon the expiration of the term of any
3		member, their successor shall be appointed for a term of 4
4		years by the Governor by and with the advice and consent of the
5		Senate. The Governor shall fill any vacancy for the remainder
6		of the unexpired term with the advice and consent of the
7		Senate. Upon recommendation of the Medical Board, any member
8		of the Medical Board may be removed by the Governor for
9		misfeasance, malfeasance, or willful neglect of duty, after
10		notice, and a public hearing, unless such notice and hearing
11		shall be expressly waived in writing. Each member shall serve
12		on the Medical Board until their successor is appointed and
13		qualified. No member of the Medical Board shall serve more
14		than 2 consecutive 4-year terms.
15		In making appointments the Governor shall attempt to
16		ensure that the various social and geographic regions of the
17		State of Illinois are properly represented.
18		In making the designation of persons to act for the
19		several professions represented on the Medical Board, the
20		Governor shall give due consideration to recommendations by
21		members of the respective professions and by organizations
22		therein.
23		(C) The Medical Board shall annually elect one of its
24		voting members as chairperson and one as vice chairperson. No
25		officer shall be elected more than twice in succession to the
26		same office. Each officer shall serve until their successor

HB0806 Enrolled - 32 - LRB102 02614 SPS 12617 b
1		has been elected and qualified.
2		(D) A majority of the Medical Board members currently
3		appointed shall constitute a quorum. A vacancy in the
4		membership of the Medical Board shall not impair the right of a
5		quorum to exercise all the rights and perform all the duties of
6		the Medical Board. Any action taken by the Medical Board under
7		this Act may be authorized by resolution at any regular or
8		special meeting and each such resolution shall take effect
9		immediately. The Medical Board shall meet at least quarterly.
10		(E) Each member shall be paid their necessary expenses
11		while engaged in the performance of their duties.
12		(F) The Secretary shall select a Chief Medical Coordinator
13		and not less than 2 Deputy Medical Coordinators who shall not
14		be members of the Medical Board. Each medical coordinator
15		shall be a physician licensed to practice medicine in all of
16		its branches, and the Secretary shall set their rates of
17		compensation. The Secretary shall assign at least one medical
18		coordinator to a region composed of Cook County and such other
19		counties as the Secretary may deem appropriate, and such
20		medical coordinator or coordinators shall locate their office
21		in Chicago. The Secretary shall assign at least one medical
22		coordinator to a region composed of the balance of counties in
23		the State, and such medical coordinator or coordinators shall
24		locate their office in Springfield. The Chief Medical
25		Coordinator shall be the chief enforcement officer of this
26		Act. None of the functions, powers, or duties of the

HB0806 Enrolled - 33 - LRB102 02614 SPS 12617 b
1		Department with respect to policies regarding enforcement or
2		discipline under this Act, including the adoption of such
3		rules as may be necessary for the administration of this Act,
4		shall be exercised by the Department except upon review of the
5		Medical Board.
6		(G) The Secretary shall employ, in conformity with the
7		Personnel Code, investigators who are college graduates with
8		at least 2 years of investigative experience or one year of
9		advanced medical education. Upon the written request of the
10		Medical Board, the Secretary shall employ, in conformity with
11		the Personnel Code, such other professional, technical,
12		investigative, and clerical help, either on a full or
13		part-time basis as the Medical Board deems necessary for the
14		proper performance of its duties.
15		(H) Upon the specific request of the Medical Board, signed
16		by either the chairperson, vice chairperson, or a medical
17		coordinator of the Medical Board, the Department of Human
18		Services, the Department of Healthcare and Family Services,
19		the Department of State Police, or any other law enforcement
20		agency located in this State shall make available any and all
21		information that they have in their possession regarding a
22		particular case then under investigation by the Medical Board.
23		(I) Members of the Medical Board shall be immune from suit
24		in any action based upon any disciplinary proceedings or other
25		acts performed in good faith as members of the Medical Board.
26		(J) The Medical Board may compile and establish a

HB0806 Enrolled - 34 - LRB102 02614 SPS 12617 b
1		statewide roster of physicians and other medical
2		professionals, including the several medical specialties, of
3		such physicians and medical professionals, who have agreed to
4		serve from time to time as advisors to the medical
5		coordinators. Such advisors shall assist the medical
6		coordinators or the Medical Board in their investigations and
7		participation in complaints against physicians. Such advisors
8		shall serve under contract and shall be reimbursed at a
9		reasonable rate for the services provided, plus reasonable
10		expenses incurred. While serving in this capacity, the
11		advisor, for any act undertaken in good faith and in the
12		conduct of his or her duties under this Section, shall be
13		immune from civil suit.
14		(225 ILCS 60/7.2 new)
15		Sec. 7.2. Medical Board appointment. All members of the
16		Medical Licensing Board and the Medical Disciplinary Board
17		shall serve as members of the Medical Board. A majority of the
18		Medical Board members shall be appointed within 260 days after
19		the effective date of this amendatory Act of the 102nd General
20		Assembly. The Medical Licensing Board and Medical Disciplinary
21		Board shall exercise all functions, powers, and duties
22		enumerated in this Act to the Medical Board. All functions,
23		powers, and duties enumerated in this Act to the Medical
24		Licensing Board and Medical Disciplinary Board shall dissolve
25		at such time when a majority of the Medical Board is appointed.

HB0806 Enrolled - 35 - LRB102 02614 SPS 12617 b
1		This Section is repealed one year after the effective date of
2		this amendatory Act of the 102nd General Assembly.
3		(225 ILCS 60/7.5)
4		(Section scheduled to be repealed on January 1, 2022)
5		Sec. 7.5. Complaint Committee.
6		(a) There shall be a Complaint Committee of the Medical
7		Disciplinary Board composed of at least one of the medical
8		coordinators established by subsection (G) of Section 7 of
9		this Act, the Chief of Medical Investigations (person employed
10		by the Department who is in charge of investigating complaints
11		against physicians and physician assistants), the Chief of
12		Medical Prosecutions (the person employed by the Department
13		who is in charge of prosecuting formal complaints against
14		physicians and physician assistants), and at least 3 members
15		of the Medical Disciplinary Board (at least 2 of whom shall be
16		physicians) designated by the Chairperson of the Medical
17		Disciplinary Board with the approval of the Medical
18		Disciplinary Board.
19		(b) The Complaint Committee shall meet at least twice a
20		month to exercise its functions and duties set forth in
21		subsection (c) below. At least 2 members of the Medical
22		Disciplinary Board shall be in attendance in order for any
23		business to be transacted by the Complaint Committee. The
24		Complaint Committee shall make every effort to consider
25		expeditiously and take prompt action on each item on its

HB0806 Enrolled - 36 - LRB102 02614 SPS 12617 b
1		agenda.
2		(c) The Complaint Committee shall have the following
3		duties and functions:
4		(1) To recommend to the Medical Disciplinary Board
5		that a complaint file be closed.
6		(2) To refer a complaint file to the office of the
7		Chief of Medical Prosecutions for review.
8		(3) To make a decision in conjunction with the Chief
9		of Medical Prosecutions regarding action to be taken on a
10		complaint file.
11		(d) In determining what action to take or whether to
12		proceed with prosecution of a complaint, the Complaint
13		Committee shall consider, but not be limited to, the following
14		factors: sufficiency of the evidence presented, prosecutorial
15		merit under Section 22 of this Act, any recommendation made by
16		the Department, and insufficient cooperation from complaining
17		parties.
18		(e) Notwithstanding any provision of this Act, the
19		Department may close a complaint, after investigation and
20		approval of the Chief Medical Coordinator without review of
21		the Complaint Committee, in which the allegations of the
22		complaint if proven would not constitute a violation of the
23		Act, there is insufficient evidence to prove a violation of
24		the Act, or there is insufficient cooperation from complaining
25		parties, as determined by the Department.
26		(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)

HB0806 Enrolled - 37 - LRB102 02614 SPS 12617 b
1		(225 ILCS 60/8) (from Ch. 111, par. 4400-8)
2		(Section scheduled to be repealed on January 1, 2022)
3		Sec. 8. Medical Licensing Board.
4		(A) There is hereby created a Medical Licensing Board. The
5		Licensing Board shall be composed of 7 members, to be
6		appointed by the Governor by and with the advice and consent of
7		the Senate; 5 of whom shall be reputable physicians licensed
8		to practice medicine in all of its branches in Illinois,
9		possessing the degree of doctor of medicine; one member shall
10		be a reputable physician licensed in Illinois to practice
11		medicine in all of its branches, possessing the degree of
12		doctor of osteopathy or osteopathic medicine; and one member
13		shall be a reputable chiropractic physician licensed to
14		practice in Illinois and possessing the degree of doctor of
15		chiropractic. Of the 5 members holding the degree of doctor of
16		medicine, one shall be a full-time or part-time teacher of
17		professorial rank in the clinical department of an Illinois
18		school of medicine.
19		(B) Members of the Licensing Board shall be appointed for
20		terms of 4 years, and until their successors are appointed and
21		qualified. Appointments to fill vacancies shall be made in the
22		same manner as original appointments, for the unexpired
23		portion of the vacated term. No more than 4 members of the
24		Licensing Board shall be members of the same political party
25		and all members shall be residents of this State. No member of

HB0806 Enrolled - 38 - LRB102 02614 SPS 12617 b
1		the Licensing Board may be appointed to more than 2 successive
2		4 year terms.
3		(C) Members of the Licensing Board shall be immune from
4		suit in any action based upon any licensing proceedings or
5		other acts performed in good faith as members of the Licensing
6		Board.
7		(D) (Blank).
8		(E) The Licensing Board shall annually elect one of its
9		members as chairperson and one as vice chairperson. No member
10		shall be elected more than twice in succession to the same
11		office. Each officer shall serve until his or her successor
12		has been elected and qualified.
13		(F) None of the functions, powers or duties of the
14		Department with respect to policies regarding licensure and
15		examination under this Act, including the promulgation of such
16		rules as may be necessary for the administration of this Act,
17		shall be exercised by the Department except upon review of the
18		Licensing Board.
19		(G) The Licensing Board shall receive the same
20		compensation as the members of the Disciplinary Board, which
21		compensation shall be paid out of the Illinois State Medical
22		Disciplinary Fund.
23		(H) This Section is inoperative when a majority of the
24		Medical Board is appointed. This Section is repealed one year
25		after the effective date of this amendatory Act of the 102nd
26		General Assembly.

HB0806 Enrolled - 39 - LRB102 02614 SPS 12617 b
1		(Source: P.A. 97-622, eff. 11-23-11.)
2		(225 ILCS 60/8.1)
3		(Section scheduled to be repealed on January 1, 2022)
4		Sec. 8.1. Matters concerning advanced practice registered
5		nurses. Any proposed rules, amendments, second notice
6		materials and adopted rule or amendment materials, and policy
7		statements concerning advanced practice registered nurses
8		shall be presented to the Medical Licensing Board for review
9		and comment. The recommendations of both the Board of Nursing
10		and the Medical Licensing Board shall be presented to the
11		Secretary for consideration in making final decisions.
12		Whenever the Board of Nursing and the Medical Licensing Board
13		disagree on a proposed rule or policy, the Secretary shall
14		convene a joint meeting of the officers of each Board to
15		discuss the resolution of any such disagreements.
16		(Source: P.A. 100-513, eff. 1-1-18.)
17		(225 ILCS 60/9) (from Ch. 111, par. 4400-9)
18		(Section scheduled to be repealed on January 1, 2022)
19		Sec. 9. Application for license. Each applicant for a
20		license shall:
21		(A) Make application on blank forms prepared and
22		furnished by the Department.
23		(B) Submit evidence satisfactory to the Department
24		that the applicant:

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1		(1) is of good moral character. In determining
2		moral character under this Section, the Department may
3		take into consideration whether the applicant has
4		engaged in conduct or activities which would
5		constitute grounds for discipline under this Act. The
6		Department may also request the applicant to submit,
7		and may consider as evidence of moral character,
8		endorsements from 2 or 3 individuals licensed under
9		this Act;
10		(2) has the preliminary and professional education
11		required by this Act;
12		(3) (blank); and
13		(4) is physically, mentally, and professionally
14		capable of practicing medicine with reasonable
15		judgment, skill, and safety. In determining physical
16		and mental capacity under this Section, the Medical
17		Licensing Board may, upon a showing of a possible
18		incapacity or conduct or activities that would
19		constitute grounds for discipline under this Act,
20		compel any applicant to submit to a mental or physical
21		examination and evaluation, or both, as provided for
22		in Section 22 of this Act. The Medical Licensing Board
23		may condition or restrict any license, subject to the
24		same terms and conditions as are provided for the
25		Medical Disciplinary Board under Section 22 of this
26		Act. Any such condition of a restricted license shall

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1		provide that the Chief Medical Coordinator or Deputy
2		Medical Coordinator shall have the authority to review
3		the subject physician's compliance with such
4		conditions or restrictions, including, where
5		appropriate, the physician's record of treatment and
6		counseling regarding the impairment, to the extent
7		permitted by applicable federal statutes and
8		regulations safeguarding the confidentiality of
9		medical records of patients.
10		In determining professional capacity under this
11		Section, an individual may be required to complete such
12		additional testing, training, or remedial education as the
13		Medical Licensing Board may deem necessary in order to
14		establish the applicant's present capacity to practice
15		medicine with reasonable judgment, skill, and safety. The
16		Medical Licensing Board may consider the following
17		criteria, as they relate to an applicant, as part of its
18		determination of professional capacity:
19		(1) Medical research in an established research
20		facility, hospital, college or university, or private
21		corporation.
22		(2) Specialized training or education.
23		(3) Publication of original work in learned,
24		medical, or scientific journals.
25		(4) Participation in federal, State, local, or
26		international public health programs or organizations.

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1		(5) Professional service in a federal veterans or
2		military institution.
3		(6) Any other professional activities deemed to
4		maintain and enhance the clinical capabilities of the
5		applicant.
6		Any applicant applying for a license to practice
7		medicine in all of its branches or for a license as a
8		chiropractic physician who has not been engaged in the
9		active practice of medicine or has not been enrolled in a
10		medical program for 2 years prior to application must
11		submit proof of professional capacity to the Medical
12		Licensing Board.
13		Any applicant applying for a temporary license that
14		has not been engaged in the active practice of medicine or
15		has not been enrolled in a medical program for longer than
16		5 years prior to application must submit proof of
17		professional capacity to the Medical Licensing Board.
18		(C) Designate specifically the name, location, and
19		kind of professional school, college, or institution of
20		which the applicant is a graduate and the category under
21		which the applicant seeks, and will undertake, to
22		practice.
23		(D) Pay to the Department at the time of application
24		the required fees.
25		(E) Pursuant to Department rules, as required, pass an
26		examination authorized by the Department to determine the

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1		applicant's fitness to receive a license.
2		(F) Complete the application process within 3 years
3		from the date of application. If the process has not been
4		completed within 3 years, the application shall expire,
5		application fees shall be forfeited, and the applicant
6		must reapply and meet the requirements in effect at the
7		time of reapplication.
8		(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
9		(225 ILCS 60/9.3)
10		(Section scheduled to be repealed on January 1, 2022)
11		Sec. 9.3. Withdrawal of application. Any applicant
12		applying for a license or permit under this Act may withdraw
13		his or her application at any time. If an applicant withdraws
14		his or her application after receipt of a written Notice of
15		Intent to Deny License or Permit, then the withdrawal shall be
16		reported to the Federation of State Medical Boards and the
17		National Practitioner Data Bank.
18		(Source: P.A. 98-601, eff. 12-30-13; 98-1140, eff. 12-30-14.)
19		(225 ILCS 60/17) (from Ch. 111, par. 4400-17)
20		(Section scheduled to be repealed on January 1, 2022)
21		Sec. 17. Temporary license. Persons holding the degree of
22		Doctor of Medicine, persons holding the degree of Doctor of
23		Osteopathy or Doctor of Osteopathic Medicine, and persons
24		holding the degree of Doctor of Chiropractic or persons who

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1		have satisfied the requirements therefor and are eligible to
2		receive such degree from a medical, osteopathic, or
3		chiropractic school, who wish to pursue programs of graduate
4		or specialty training in this State, may receive without
5		examination, in the discretion of the Department, a 3-year
6		temporary license. In order to receive a 3-year temporary
7		license hereunder, an applicant shall submit evidence
8		satisfactory to the Department that the applicant:
9		(A) Is of good moral character. In determining moral
10		character under this Section, the Department may take into
11		consideration whether the applicant has engaged in conduct
12		or activities which would constitute grounds for
13		discipline under this Act. The Department may also request
14		the applicant to submit, and may consider as evidence of
15		moral character, endorsements from 2 or 3 individuals
16		licensed under this Act;
17		(B) Has been accepted or appointed for specialty or
18		residency training by a hospital situated in this State or
19		a training program in hospitals or facilities maintained
20		by the State of Illinois or affiliated training facilities
21		which is approved by the Department for the purpose of
22		such training under this Act. The applicant shall indicate
23		the beginning and ending dates of the period for which the
24		applicant has been accepted or appointed;
25		(C) Has or will satisfy the professional education
26		requirements of Section 11 of this Act which are effective

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1		at the date of application except for postgraduate
2		clinical training;
3		(D) Is physically, mentally, and professionally
4		capable of practicing medicine or treating human ailments
5		without the use of drugs and without operative surgery
6		with reasonable judgment, skill, and safety. In
7		determining physical, mental and professional capacity
8		under this Section, the Medical Licensing Board may, upon
9		a showing of a possible incapacity, compel an applicant to
10		submit to a mental or physical examination and evaluation,
11		or both, and may condition or restrict any temporary
12		license, subject to the same terms and conditions as are
13		provided for the Medical Disciplinary Board under Section
14		22 of this Act. Any such condition of restricted temporary
15		license shall provide that the Chief Medical Coordinator
16		or Deputy Medical Coordinator shall have the authority to
17		review the subject physician's compliance with such
18		conditions or restrictions, including, where appropriate,
19		the physician's record of treatment and counseling
20		regarding the impairment, to the extent permitted by
21		applicable federal statutes and regulations safeguarding
22		the confidentiality of medical records of patients.
23		Three-year temporary licenses issued pursuant to this
24		Section shall be valid only for the period of time designated
25		therein, and may be extended or renewed pursuant to the rules
26		of the Department, and if a temporary license is thereafter

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1		extended, it shall not extend beyond completion of the
2		residency program. The holder of a valid 3-year temporary
3		license shall be entitled thereby to perform only such acts as
4		may be prescribed by and incidental to his or her program of
5		residency training; he or she shall not be entitled to
6		otherwise engage in the practice of medicine in this State
7		unless fully licensed in this State.
8		A 3-year temporary license may be revoked or suspended by
9		the Department upon proof that the holder thereof has engaged
10		in the practice of medicine in this State outside of the
11		program of his or her residency or specialty training, or if
12		the holder shall fail to supply the Department, within 10 days
13		of its request, with information as to his or her current
14		status and activities in his or her specialty training
15		program. Such a revocation or suspension shall comply with the
16		procedures set forth in subsection (d) of Section 37 of this
17		Act.
18		(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
19		(225 ILCS 60/18) (from Ch. 111, par. 4400-18)
20		(Section scheduled to be repealed on January 1, 2022)
21		Sec. 18. Visiting professor, physician, or resident
22		permits.
23		(A) Visiting professor permit.
24		(1) A visiting professor permit shall entitle a person
25		to practice medicine in all of its branches or to practice

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1		the treatment of human ailments without the use of drugs
2		and without operative surgery provided:
3		(a) the person maintains an equivalent
4		authorization to practice medicine in all of its
5		branches or to practice the treatment of human
6		ailments without the use of drugs and without
7		operative surgery in good standing in his or her
8		native licensing jurisdiction during the period of the
9		visiting professor permit;
10		(b) the person has received a faculty appointment
11		to teach in a medical, osteopathic or chiropractic
12		school in Illinois; and
13		(c) the Department may prescribe the information
14		necessary to establish an applicant's eligibility for
15		a permit. This information shall include without
16		limitation (i) a statement from the dean of the
17		medical school at which the applicant will be employed
18		describing the applicant's qualifications and (ii) a
19		statement from the dean of the medical school listing
20		every affiliated institution in which the applicant
21		will be providing instruction as part of the medical
22		school's education program and justifying any clinical
23		activities at each of the institutions listed by the
24		dean.
25		(2) Application for visiting professor permits shall
26		be made to the Department, in writing, on forms prescribed

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1		by the Department and shall be accompanied by the required
2		fee established by rule, which shall not be refundable.
3		Any application shall require the information as, in the
4		judgment of the Department, will enable the Department to
5		pass on the qualifications of the applicant.
6		(3) A visiting professor permit shall be valid for no
7		longer than 2 years from the date of issuance or until the
8		time the faculty appointment is terminated, whichever
9		occurs first, and may be renewed only in accordance with
10		subdivision (A)(6) of this Section.
11		(4) The applicant may be required to appear before the
12		Medical Licensing Board for an interview prior to, and as
13		a requirement for, the issuance of the original permit and
14		the renewal.
15		(5) Persons holding a permit under this Section shall
16		only practice medicine in all of its branches or practice
17		the treatment of human ailments without the use of drugs
18		and without operative surgery in the State of Illinois in
19		their official capacity under their contract within the
20		medical school itself and any affiliated institution in
21		which the permit holder is providing instruction as part
22		of the medical school's educational program and for which
23		the medical school has assumed direct responsibility.
24		(6) After the initial renewal of a visiting professor
25		permit, a visiting professor permit shall be valid until
26		the last day of the next physician license renewal period,

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1		as set by rule, and may only be renewed for applicants who
2		meet the following requirements:
3		(i) have obtained the required continuing
4		education hours as set by rule; and
5		(ii) have paid the fee prescribed for a license
6		under Section 21 of this Act.
7		For initial renewal, the visiting professor must
8		successfully pass a general competency examination authorized
9		by the Department by rule, unless he or she was issued an
10		initial visiting professor permit on or after January 1, 2007,
11		but prior to July 1, 2007.
12		(B) Visiting physician permit.
13		(1) The Department may, in its discretion, issue a
14		temporary visiting physician permit, without examination,
15		provided:
16		(a) (blank);
17		(b) that the person maintains an equivalent
18		authorization to practice medicine in all of its
19		branches or to practice the treatment of human
20		ailments without the use of drugs and without
21		operative surgery in good standing in his or her
22		native licensing jurisdiction during the period of the
23		temporary visiting physician permit;
24		(c) that the person has received an invitation or
25		appointment to study, demonstrate, or perform a

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1		specific medical, osteopathic, chiropractic or
2		clinical subject or technique in a medical,
3		osteopathic, or chiropractic school, a state or
4		national medical, osteopathic, or chiropractic
5		professional association or society conference or
6		meeting, a hospital licensed under the Hospital
7		Licensing Act, a hospital organized under the
8		University of Illinois Hospital Act, or a facility
9		operated pursuant to the Ambulatory Surgical Treatment
10		Center Act; and
11		(d) that the temporary visiting physician permit
12		shall only permit the holder to practice medicine in
13		all of its branches or practice the treatment of human
14		ailments without the use of drugs and without
15		operative surgery within the scope of the medical,
16		osteopathic, chiropractic, or clinical studies, or in
17		conjunction with the state or national medical,
18		osteopathic, or chiropractic professional association
19		or society conference or meeting, for which the holder
20		was invited or appointed.
21		(2) The application for the temporary visiting
22		physician permit shall be made to the Department, in
23		writing, on forms prescribed by the Department, and shall
24		be accompanied by the required fee established by rule,
25		which shall not be refundable. The application shall
26		require information that, in the judgment of the

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1		Department, will enable the Department to pass on the
2		qualification of the applicant, and the necessity for the
3		granting of a temporary visiting physician permit.
4		(3) A temporary visiting physician permit shall be
5		valid for no longer than (i) 180 days from the date of
6		issuance or (ii) until the time the medical, osteopathic,
7		chiropractic, or clinical studies are completed, or the
8		state or national medical, osteopathic, or chiropractic
9		professional association or society conference or meeting
10		has concluded, whichever occurs first. The temporary
11		visiting physician permit may be issued multiple times to
12		a visiting physician under this paragraph (3) as long as
13		the total number of days it is active do not exceed 180
14		days within a 365-day period.
15		(4) The applicant for a temporary visiting physician
16		permit may be required to appear before the Medical
17		Licensing Board for an interview prior to, and as a
18		requirement for, the issuance of a temporary visiting
19		physician permit.
20		(5) A limited temporary visiting physician permit
21		shall be issued to a physician licensed in another state
22		who has been requested to perform emergency procedures in
23		Illinois if he or she meets the requirements as
24		established by rule.
25		(C) Visiting resident permit.

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1		(1) The Department may, in its discretion, issue a
2		temporary visiting resident permit, without examination,
3		provided:
4		(a) (blank);
5		(b) that the person maintains an equivalent
6		authorization to practice medicine in all of its
7		branches or to practice the treatment of human
8		ailments without the use of drugs and without
9		operative surgery in good standing in his or her
10		native licensing jurisdiction during the period of the
11		temporary visiting resident permit;
12		(c) that the applicant is enrolled in a
13		postgraduate clinical training program outside the
14		State of Illinois that is approved by the Department;
15		(d) that the individual has been invited or
16		appointed for a specific period of time to perform a
17		portion of that post graduate clinical training
18		program under the supervision of an Illinois licensed
19		physician in an Illinois patient care clinic or
20		facility that is affiliated with the out-of-State post
21		graduate training program; and
22		(e) that the temporary visiting resident permit
23		shall only permit the holder to practice medicine in
24		all of its branches or practice the treatment of human
25		ailments without the use of drugs and without
26		operative surgery within the scope of the medical,

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1		osteopathic, chiropractic or clinical studies for
2		which the holder was invited or appointed.
3		(2) The application for the temporary visiting
4		resident permit shall be made to the Department, in
5		writing, on forms prescribed by the Department, and shall
6		be accompanied by the required fee established by rule.
7		The application shall require information that, in the
8		judgment of the Department, will enable the Department to
9		pass on the qualifications of the applicant.
10		(3) A temporary visiting resident permit shall be
11		valid for 180 days from the date of issuance or until the
12		time the medical, osteopathic, chiropractic, or clinical
13		studies are completed, whichever occurs first.
14		(4) The applicant for a temporary visiting resident
15		permit may be required to appear before the Medical
16		Licensing Board for an interview prior to, and as a
17		requirement for, the issuance of a temporary visiting
18		resident permit.
19		(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
20		(225 ILCS 60/19) (from Ch. 111, par. 4400-19)
21		(Section scheduled to be repealed on January 1, 2022)
22		Sec. 19. Licensure by endorsement. The Department may, in
23		its discretion, issue a license by endorsement to any person
24		who is currently licensed to practice medicine in all of its
25		branches, or a chiropractic physician, in any other state,

HB0806 Enrolled - 54 - LRB102 02614 SPS 12617 b
1		territory, country or province, upon the following conditions
2		and submitting evidence satisfactory to the Department of the
3		following:
4		(A) (Blank);
5		(B) That the applicant is of good moral character. In
6		determining moral character under this Section, the
7		Department may take into consideration whether the
8		applicant has engaged in conduct or activities which would
9		constitute grounds for discipline under this Act. The
10		Department may also request the applicant to submit, and
11		may consider as evidence of moral character, endorsements
12		from 2 or 3 individuals licensed under this Act;
13		(C) That the applicant is physically, mentally and
14		professionally capable of practicing medicine with
15		reasonable judgment, skill and safety. In determining
16		physical, mental and professional capacity under this
17		Section the Medical Licensing Board may, upon a showing of
18		a possible incapacity, compel an applicant to submit to a
19		mental or physical examination and evaluation, or both, in
20		the same manner as provided in Section 22 and may
21		condition or restrict any license, subject to the same
22		terms and conditions as are provided for the Medical
23		Disciplinary Board under Section 22 of this Act.
24		(D) That if the applicant seeks to practice medicine
25		in all of its branches:
26		(1) if the applicant was licensed in another

HB0806 Enrolled - 55 - LRB102 02614 SPS 12617 b
1		jurisdiction prior to January 1, 1988, that the
2		applicant has satisfied the educational requirements
3		of paragraph (1) of subsection (A) or paragraph (2) of
4		subsection (A) of Section 11 of this Act; or
5		(2) if the applicant was licensed in another
6		jurisdiction after December 31, 1987, that the
7		applicant has satisfied the educational requirements
8		of paragraph (A)(2) of Section 11 of this Act; and
9		(3) the requirements for a license to practice
10		medicine in all of its branches in the particular
11		state, territory, country or province in which the
12		applicant is licensed are deemed by the Department to
13		have been substantially equivalent to the requirements
14		for a license to practice medicine in all of its
15		branches in force in this State at the date of the
16		applicant's license;
17		(E) That if the applicant seeks to treat human
18		ailments without the use of drugs and without operative
19		surgery:
20		(1) the applicant is a graduate of a chiropractic
21		school or college approved by the Department at the
22		time of their graduation;
23		(2) the requirements for the applicant's license
24		to practice the treatment of human ailments without
25		the use of drugs are deemed by the Department to have
26		been substantially equivalent to the requirements for

HB0806 Enrolled - 56 - LRB102 02614 SPS 12617 b
1		a license to practice in this State at the date of the
2		applicant's license;
3		(F) That the Department may, in its discretion, issue
4		a license by endorsement to any graduate of a medical or
5		osteopathic college, reputable and in good standing in the
6		judgment of the Department, who has passed an examination
7		for admission to the United States Public Health Service,
8		or who has passed any other examination deemed by the
9		Department to have been at least equal in all substantial
10		respects to the examination required for admission to any
11		such medical corps;
12		(G) That applications for licenses by endorsement
13		shall be filed with the Department, under oath, on forms
14		prepared and furnished by the Department, and shall set
15		forth, and applicants therefor shall supply such
16		information respecting the life, education, professional
17		practice, and moral character of applicants as the
18		Department may require to be filed for its use;
19		(H) That the applicant undergo the criminal background
20		check established under Section 9.7 of this Act.
21		In the exercise of its discretion under this Section, the
22		Department is empowered to consider and evaluate each
23		applicant on an individual basis. It may take into account,
24		among other things: the extent to which the applicant will
25		bring unique experience and skills to the State of Illinois or
26		the extent to which there is or is not available to the

HB0806 Enrolled - 57 - LRB102 02614 SPS 12617 b
1		Department authentic and definitive information concerning the
2		quality of medical education and clinical training which the
3		applicant has had. Under no circumstances shall a license be
4		issued under the provisions of this Section to any person who
5		has previously taken and failed the written examination
6		conducted by the Department for such license. In the exercise
7		of its discretion under this Section, the Department may
8		require an applicant to successfully complete an examination
9		as recommended by the Medical Licensing Board. The Department
10		may also request the applicant to submit, and may consider as
11		evidence of moral character, evidence from 2 or 3 individuals
12		licensed under this Act. Applicants have 3 years from the date
13		of application to complete the application process. If the
14		process has not been completed within 3 years, the application
15		shall be denied, the fees shall be forfeited, and the
16		applicant must reapply and meet the requirements in effect at
17		the time of reapplication.
18		(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
19		(225 ILCS 60/21) (from Ch. 111, par. 4400-21)
20		(Section scheduled to be repealed on January 1, 2022)
21		Sec. 21. License renewal; reinstatement; inactive status;
22		disposition and collection of fees.
23		(A) Renewal. The expiration date and renewal period for
24		each license issued under this Act shall be set by rule. The
25		holder of a license may renew the license by paying the

HB0806 Enrolled - 58 - LRB102 02614 SPS 12617 b
1		required fee. The holder of a license may also renew the
2		license within 90 days after its expiration by complying with
3		the requirements for renewal and payment of an additional fee.
4		A license renewal within 90 days after expiration shall be
5		effective retroactively to the expiration date.
6		The Department shall attempt to provide through electronic
7		means to each licensee under this Act, at least 60 days in
8		advance of the expiration date of his or her license, a renewal
9		notice. No such license shall be deemed to have lapsed until 90
10		days after the expiration date and after the Department has
11		attempted to provide such notice as herein provided.
12		(B) Reinstatement. Any licensee who has permitted his or
13		her license to lapse or who has had his or her license on
14		inactive status may have his or her license reinstated by
15		making application to the Department and filing proof
16		acceptable to the Department of his or her fitness to have the
17		license reinstated, including evidence certifying to active
18		practice in another jurisdiction satisfactory to the
19		Department, proof of meeting the continuing education
20		requirements for one renewal period, and by paying the
21		required reinstatement fee.
22		If the licensee has not maintained an active practice in
23		another jurisdiction satisfactory to the Department, the
24		Medical Licensing Board shall determine, by an evaluation
25		program established by rule, the applicant's fitness to resume
26		active status and may require the licensee to complete a

HB0806 Enrolled - 59 - LRB102 02614 SPS 12617 b
1		period of evaluated clinical experience and may require
2		successful completion of a practical examination specified by
3		the Medical Licensing Board.
4		However, any registrant whose license has expired while he
5		or she has been engaged (a) in Federal Service on active duty
6		with the Army of the United States, the United States Navy, the
7		Marine Corps, the Air Force, the Coast Guard, the Public
8		Health Service or the State Militia called into the service or
9		training of the United States of America, or (b) in training or
10		education under the supervision of the United States
11		preliminary to induction into the military service, may have
12		his or her license reinstated without paying any lapsed
13		renewal fees, if within 2 years after honorable termination of
14		such service, training, or education, he or she furnishes to
15		the Department with satisfactory evidence to the effect that
16		he or she has been so engaged and that his or her service,
17		training, or education has been so terminated.
18		(C) Inactive licenses. Any licensee who notifies the
19		Department, in writing on forms prescribed by the Department,
20		may elect to place his or her license on an inactive status and
21		shall, subject to rules of the Department, be excused from
22		payment of renewal fees until he or she notifies the
23		Department in writing of his or her desire to resume active
24		status.
25		Any licensee requesting reinstatement from inactive status
26		shall be required to pay the current renewal fee, provide

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1		proof of meeting the continuing education requirements for the
2		period of time the license is inactive not to exceed one
3		renewal period, and shall be required to reinstate his or her
4		license as provided in subsection (B).
5		Any licensee whose license is in an inactive status shall
6		not practice in the State of Illinois.
7		(D) Disposition of monies collected. All monies collected
8		under this Act by the Department shall be deposited in the
9		Illinois State Medical Disciplinary Fund in the State
10		Treasury, and used only for the following purposes: (a) by the
11		Medical Disciplinary Board and Licensing Board in the exercise
12		of its powers and performance of its duties, as such use is
13		made by the Department with full consideration of all
14		recommendations of the Medical Disciplinary Board and
15		Licensing Board, (b) for costs directly related to persons
16		licensed under this Act, and (c) for direct and allocable
17		indirect costs related to the public purposes of the
18		Department.
19		Moneys in the Fund may be transferred to the Professions
20		Indirect Cost Fund as authorized under Section 2105-300 of the
21		Department of Professional Regulation Law of the Civil
22		Administrative Code of Illinois.
23		All earnings received from investment of monies in the
24		Illinois State Medical Disciplinary Fund shall be deposited in
25		the Illinois State Medical Disciplinary Fund and shall be used
26		for the same purposes as fees deposited in such Fund.

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1		(E) Fees. The following fees are nonrefundable.
2		(1) Applicants for any examination shall be required
3		to pay, either to the Department or to the designated
4		testing service, a fee covering the cost of determining
5		the applicant's eligibility and providing the examination.
6		Failure to appear for the examination on the scheduled
7		date, at the time and place specified, after the
8		applicant's application for examination has been received
9		and acknowledged by the Department or the designated
10		testing service, shall result in the forfeiture of the
11		examination fee.
12		(2) Before July 1, 2018, the fee for a license under
13		Section 9 of this Act is $700. Beginning on July 1, 2018,
14		the fee for a license under Section 9 of this Act is $500.
15		(3) Before July 1, 2018, the fee for a license under
16		Section 19 of this Act is $700. Beginning on July 1, 2018,
17		the fee for a license under Section 19 of this Act is $500.
18		(4) Before July 1, 2018, the fee for the renewal of a
19		license for a resident of Illinois shall be calculated at
20		the rate of $230 per year, and beginning on July 1, 2018
21		and until January 1, 2020, the fee for the renewal of a
22		license shall be $167, except for licensees who were
23		issued a license within 12 months of the expiration date
24		of the license, before July 1, 2018, the fee for the
25		renewal shall be $230, and beginning on July 1, 2018 and
26		until January 1, 2020 that fee will be $167. Before July 1,

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1		2018, the fee for the renewal of a license for a
2		nonresident shall be calculated at the rate of $460 per
3		year, and beginning on July 1, 2018 and until January 1,
4		2020, the fee for the renewal of a license for a
5		nonresident shall be $250, except for licensees who were
6		issued a license within 12 months of the expiration date
7		of the license, before July 1, 2018, the fee for the
8		renewal shall be $460, and beginning on July 1, 2018 and
9		until January 1, 2020 that fee will be $250. Beginning on
10		January 1, 2020, the fee for renewal of a license for a
11		resident or nonresident is $181 per year.
12		(5) The fee for the reinstatement of a license other
13		than from inactive status, is $230. In addition, payment
14		of all lapsed renewal fees not to exceed $1,400 is
15		required.
16		(6) The fee for a 3-year temporary license under
17		Section 17 is $230.
18		(7) The fee for the issuance of a license with a change
19		of name or address other than during the renewal period is
20		$20. No fee is required for name and address changes on
21		Department records when no updated license is issued.
22		(8) The fee to be paid for a license record for any
23		purpose is $20.
24		(9) The fee to be paid to have the scoring of an
25		examination, administered by the Department, reviewed and
26		verified, is $20 plus any fees charged by the applicable

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1		testing service.
2		(F) Any person who delivers a check or other payment to the
3		Department that is returned to the Department unpaid by the
4		financial institution upon which it is drawn shall pay to the
5		Department, in addition to the amount already owed to the
6		Department, a fine of $50. The fines imposed by this Section
7		are in addition to any other discipline provided under this
8		Act for unlicensed practice or practice on a nonrenewed
9		license. The Department shall notify the person that payment
10		of fees and fines shall be paid to the Department by certified
11		check or money order within 30 calendar days of the
12		notification. If, after the expiration of 30 days from the
13		date of the notification, the person has failed to submit the
14		necessary remittance, the Department shall automatically
15		terminate the license or permit or deny the application,
16		without hearing. If, after termination or denial, the person
17		seeks a license or permit, he or she shall apply to the
18		Department for reinstatement or issuance of the license or
19		permit and pay all fees and fines due to the Department. The
20		Department may establish a fee for the processing of an
21		application for reinstatement of a license or permit to pay
22		all expenses of processing this application. The Secretary may
23		waive the fines due under this Section in individual cases
24		where the Secretary finds that the fines would be unreasonable
25		or unnecessarily burdensome.
26		(Source: P.A. 101-316, eff. 8-9-19; 101-603, eff. 1-1-20.)

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1		(225 ILCS 60/22) (from Ch. 111, par. 4400-22)
2		(Section scheduled to be repealed on January 1, 2022)
3		Sec. 22. Disciplinary action.
4		(A) The Department may revoke, suspend, place on
5		probation, reprimand, refuse to issue or renew, or take any
6		other disciplinary or non-disciplinary action as the
7		Department may deem proper with regard to the license or
8		permit of any person issued under this Act, including imposing
9		fines not to exceed $10,000 for each violation, upon any of the
10		following grounds:
11		(1) (Blank).
12		(2) (Blank).
13		(3) A plea of guilty or nolo contendere, finding of
14		guilt, jury verdict, or entry of judgment or sentencing,
15		including, but not limited to, convictions, preceding
16		sentences of supervision, conditional discharge, or first
17		offender probation, under the laws of any jurisdiction of
18		the United States of any crime that is a felony.
19		(4) Gross negligence in practice under this Act.
20		(5) Engaging in dishonorable, unethical, or
21		unprofessional conduct of a character likely to deceive,
22		defraud or harm the public.
23		(6) Obtaining any fee by fraud, deceit, or
24		misrepresentation.
25		(7) Habitual or excessive use or abuse of drugs

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1		defined in law as controlled substances, of alcohol, or of
2		any other substances which results in the inability to
3		practice with reasonable judgment, skill, or safety.
4		(8) Practicing under a false or, except as provided by
5		law, an assumed name.
6		(9) Fraud or misrepresentation in applying for, or
7		procuring, a license under this Act or in connection with
8		applying for renewal of a license under this Act.
9		(10) Making a false or misleading statement regarding
10		their skill or the efficacy or value of the medicine,
11		treatment, or remedy prescribed by them at their direction
12		in the treatment of any disease or other condition of the
13		body or mind.
14		(11) Allowing another person or organization to use
15		their license, procured under this Act, to practice.
16		(12) Adverse action taken by another state or
17		jurisdiction against a license or other authorization to
18		practice as a medical doctor, doctor of osteopathy, doctor
19		of osteopathic medicine or doctor of chiropractic, a
20		certified copy of the record of the action taken by the
21		other state or jurisdiction being prima facie evidence
22		thereof. This includes any adverse action taken by a State
23		or federal agency that prohibits a medical doctor, doctor
24		of osteopathy, doctor of osteopathic medicine, or doctor
25		of chiropractic from providing services to the agency's
26		participants.

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1		(13) Violation of any provision of this Act or of the
2		Medical Practice Act prior to the repeal of that Act, or
3		violation of the rules, or a final administrative action
4		of the Secretary, after consideration of the
5		recommendation of the Medical Disciplinary Board.
6		(14) Violation of the prohibition against fee
7		splitting in Section 22.2 of this Act.
8		(15) A finding by the Medical Disciplinary Board that
9		the registrant after having his or her license placed on
10		probationary status or subjected to conditions or
11		restrictions violated the terms of the probation or failed
12		to comply with such terms or conditions.
13		(16) Abandonment of a patient.
14		(17) Prescribing, selling, administering,
15		distributing, giving, or self-administering any drug
16		classified as a controlled substance (designated product)
17		or narcotic for other than medically accepted therapeutic
18		purposes.
19		(18) Promotion of the sale of drugs, devices,
20		appliances, or goods provided for a patient in such manner
21		as to exploit the patient for financial gain of the
22		physician.
23		(19) Offering, undertaking, or agreeing to cure or
24		treat disease by a secret method, procedure, treatment, or
25		medicine, or the treating, operating, or prescribing for
26		any human condition by a method, means, or procedure which

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1		the licensee refuses to divulge upon demand of the
2		Department.
3		(20) Immoral conduct in the commission of any act
4		including, but not limited to, commission of an act of
5		sexual misconduct related to the licensee's practice.
6		(21) Willfully making or filing false records or
7		reports in his or her practice as a physician, including,
8		but not limited to, false records to support claims
9		against the medical assistance program of the Department
10		of Healthcare and Family Services (formerly Department of
11		Public Aid) under the Illinois Public Aid Code.
12		(22) Willful omission to file or record, or willfully
13		impeding the filing or recording, or inducing another
14		person to omit to file or record, medical reports as
15		required by law, or willfully failing to report an
16		instance of suspected abuse or neglect as required by law.
17		(23) Being named as a perpetrator in an indicated
18		report by the Department of Children and Family Services
19		under the Abused and Neglected Child Reporting Act, and
20		upon proof by clear and convincing evidence that the
21		licensee has caused a child to be an abused child or
22		neglected child as defined in the Abused and Neglected
23		Child Reporting Act.
24		(24) Solicitation of professional patronage by any
25		corporation, agents or persons, or profiting from those
26		representing themselves to be agents of the licensee.

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1		(25) Gross and willful and continued overcharging for
2		professional services, including filing false statements
3		for collection of fees for which services are not
4		rendered, including, but not limited to, filing such false
5		statements for collection of monies for services not
6		rendered from the medical assistance program of the
7		Department of Healthcare and Family Services (formerly
8		Department of Public Aid) under the Illinois Public Aid
9		Code.
10		(26) A pattern of practice or other behavior which
11		demonstrates incapacity or incompetence to practice under
12		this Act.
13		(27) Mental illness or disability which results in the
14		inability to practice under this Act with reasonable
15		judgment, skill, or safety.
16		(28) Physical illness, including, but not limited to,
17		deterioration through the aging process, or loss of motor
18		skill which results in a physician's inability to practice
19		under this Act with reasonable judgment, skill, or safety.
20		(29) Cheating on or attempt to subvert the licensing
21		examinations administered under this Act.
22		(30) Willfully or negligently violating the
23		confidentiality between physician and patient except as
24		required by law.
25		(31) The use of any false, fraudulent, or deceptive
26		statement in any document connected with practice under

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1		this Act.
2		(32) Aiding and abetting an individual not licensed
3		under this Act in the practice of a profession licensed
4		under this Act.
5		(33) Violating state or federal laws or regulations
6		relating to controlled substances, legend drugs, or
7		ephedra as defined in the Ephedra Prohibition Act.
8		(34) Failure to report to the Department any adverse
9		final action taken against them by another licensing
10		jurisdiction (any other state or any territory of the
11		United States or any foreign state or country), by any
12		peer review body, by any health care institution, by any
13		professional society or association related to practice
14		under this Act, by any governmental agency, by any law
15		enforcement agency, or by any court for acts or conduct
16		similar to acts or conduct which would constitute grounds
17		for action as defined in this Section.
18		(35) Failure to report to the Department surrender of
19		a license or authorization to practice as a medical
20		doctor, a doctor of osteopathy, a doctor of osteopathic
21		medicine, or doctor of chiropractic in another state or
22		jurisdiction, or surrender of membership on any medical
23		staff or in any medical or professional association or
24		society, while under disciplinary investigation by any of
25		those authorities or bodies, for acts or conduct similar
26		to acts or conduct which would constitute grounds for

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1		action as defined in this Section.
2		(36) Failure to report to the Department any adverse
3		judgment, settlement, or award arising from a liability
4		claim related to acts or conduct similar to acts or
5		conduct which would constitute grounds for action as
6		defined in this Section.
7		(37) Failure to provide copies of medical records as
8		required by law.
9		(38) Failure to furnish the Department, its
10		investigators or representatives, relevant information,
11		legally requested by the Department after consultation
12		with the Chief Medical Coordinator or the Deputy Medical
13		Coordinator.
14		(39) Violating the Health Care Worker Self-Referral
15		Act.
16		(40) Willful failure to provide notice when notice is
17		required under the Parental Notice of Abortion Act of
18		1995.
19		(41) Failure to establish and maintain records of
20		patient care and treatment as required by this law.
21		(42) Entering into an excessive number of written
22		collaborative agreements with licensed advanced practice
23		registered nurses resulting in an inability to adequately
24		collaborate.
25		(43) Repeated failure to adequately collaborate with a
26		licensed advanced practice registered nurse.

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1		(44) Violating the Compassionate Use of Medical
2		Cannabis Program Act.
3		(45) Entering into an excessive number of written
4		collaborative agreements with licensed prescribing
5		psychologists resulting in an inability to adequately
6		collaborate.
7		(46) Repeated failure to adequately collaborate with a
8		licensed prescribing psychologist.
9		(47) Willfully failing to report an instance of
10		suspected abuse, neglect, financial exploitation, or
11		self-neglect of an eligible adult as defined in and
12		required by the Adult Protective Services Act.
13		(48) Being named as an abuser in a verified report by
14		the Department on Aging under the Adult Protective
15		Services Act, and upon proof by clear and convincing
16		evidence that the licensee abused, neglected, or
17		financially exploited an eligible adult as defined in the
18		Adult Protective Services Act.
19		(49) Entering into an excessive number of written
20		collaborative agreements with licensed physician
21		assistants resulting in an inability to adequately
22		collaborate.
23		(50) Repeated failure to adequately collaborate with a
24		physician assistant.
25		Except for actions involving the ground numbered (26), all
26		proceedings to suspend, revoke, place on probationary status,

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1		or take any other disciplinary action as the Department may
2		deem proper, with regard to a license on any of the foregoing
3		grounds, must be commenced within 5 years next after receipt
4		by the Department of a complaint alleging the commission of or
5		notice of the conviction order for any of the acts described
6		herein. Except for the grounds numbered (8), (9), (26), and
7		(29), no action shall be commenced more than 10 years after the
8		date of the incident or act alleged to have violated this
9		Section. For actions involving the ground numbered (26), a
10		pattern of practice or other behavior includes all incidents
11		alleged to be part of the pattern of practice or other behavior
12		that occurred, or a report pursuant to Section 23 of this Act
13		received, within the 10-year period preceding the filing of
14		the complaint. In the event of the settlement of any claim or
15		cause of action in favor of the claimant or the reduction to
16		final judgment of any civil action in favor of the plaintiff,
17		such claim, cause of action, or civil action being grounded on
18		the allegation that a person licensed under this Act was
19		negligent in providing care, the Department shall have an
20		additional period of 2 years from the date of notification to
21		the Department under Section 23 of this Act of such settlement
22		or final judgment in which to investigate and commence formal
23		disciplinary proceedings under Section 36 of this Act, except
24		as otherwise provided by law. The time during which the holder
25		of the license was outside the State of Illinois shall not be
26		included within any period of time limiting the commencement

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1		of disciplinary action by the Department.
2		The entry of an order or judgment by any circuit court
3		establishing that any person holding a license under this Act
4		is a person in need of mental treatment operates as a
5		suspension of that license. That person may resume his or her
6		their practice only upon the entry of a Departmental order
7		based upon a finding by the Medical Disciplinary Board that
8		the person has they have been determined to be recovered from
9		mental illness by the court and upon the Medical Disciplinary
10		Board's recommendation that the person they be permitted to
11		resume his or her their practice.
12		The Department may refuse to issue or take disciplinary
13		action concerning the license of any person who fails to file a
14		return, or to pay the tax, penalty, or interest shown in a
15		filed return, or to pay any final assessment of tax, penalty,
16		or interest, as required by any tax Act administered by the
17		Illinois Department of Revenue, until such time as the
18		requirements of any such tax Act are satisfied as determined
19		by the Illinois Department of Revenue.
20		The Department, upon the recommendation of the Medical
21		Disciplinary Board, shall adopt rules which set forth
22		standards to be used in determining:
23		(a) when a person will be deemed sufficiently
24		rehabilitated to warrant the public trust;
25		(b) what constitutes dishonorable, unethical, or
26		unprofessional conduct of a character likely to deceive,

HB0806 Enrolled - 74 - LRB102 02614 SPS 12617 b
1		defraud, or harm the public;
2		(c) what constitutes immoral conduct in the commission
3		of any act, including, but not limited to, commission of
4		an act of sexual misconduct related to the licensee's
5		practice; and
6		(d) what constitutes gross negligence in the practice
7		of medicine.
8		However, no such rule shall be admissible into evidence in
9		any civil action except for review of a licensing or other
10		disciplinary action under this Act.
11		In enforcing this Section, the Medical Disciplinary Board
12		or the Licensing Board, upon a showing of a possible
13		violation, may compel, in the case of the Disciplinary Board,
14		any individual who is licensed to practice under this Act or
15		holds a permit to practice under this Act, or, in the case of
16		the Licensing Board, any individual who has applied for
17		licensure or a permit pursuant to this Act, to submit to a
18		mental or physical examination and evaluation, or both, which
19		may include a substance abuse or sexual offender evaluation,
20		as required by the Medical Licensing Board or Disciplinary
21		Board and at the expense of the Department. The Medical
22		Disciplinary Board or Licensing Board shall specifically
23		designate the examining physician licensed to practice
24		medicine in all of its branches or, if applicable, the
25		multidisciplinary team involved in providing the mental or
26		physical examination and evaluation, or both. The

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1		multidisciplinary team shall be led by a physician licensed to
2		practice medicine in all of its branches and may consist of one
3		or more or a combination of physicians licensed to practice
4		medicine in all of its branches, licensed chiropractic
5		physicians, licensed clinical psychologists, licensed clinical
6		social workers, licensed clinical professional counselors, and
7		other professional and administrative staff. Any examining
8		physician or member of the multidisciplinary team may require
9		any person ordered to submit to an examination and evaluation
10		pursuant to this Section to submit to any additional
11		supplemental testing deemed necessary to complete any
12		examination or evaluation process, including, but not limited
13		to, blood testing, urinalysis, psychological testing, or
14		neuropsychological testing. The Medical Disciplinary Board,
15		the Licensing Board, or the Department may order the examining
16		physician or any member of the multidisciplinary team to
17		provide to the Department, the Disciplinary Board, or the
18		Medical Licensing Board any and all records, including
19		business records, that relate to the examination and
20		evaluation, including any supplemental testing performed. The
21		Medical Disciplinary Board, the Licensing Board, or the
22		Department may order the examining physician or any member of
23		the multidisciplinary team to present testimony concerning
24		this examination and evaluation of the licensee, permit
25		holder, or applicant, including testimony concerning any
26		supplemental testing or documents relating to the examination

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1		and evaluation. No information, report, record, or other
2		documents in any way related to the examination and evaluation
3		shall be excluded by reason of any common law or statutory
4		privilege relating to communication between the licensee,
5		permit holder, or applicant and the examining physician or any
6		member of the multidisciplinary team. No authorization is
7		necessary from the licensee, permit holder, or applicant
8		ordered to undergo an evaluation and examination for the
9		examining physician or any member of the multidisciplinary
10		team to provide information, reports, records, or other
11		documents or to provide any testimony regarding the
12		examination and evaluation. The individual to be examined may
13		have, at his or her own expense, another physician of his or
14		her choice present during all aspects of the examination.
15		Failure of any individual to submit to mental or physical
16		examination and evaluation, or both, when directed, shall
17		result in an automatic suspension, without hearing, until such
18		time as the individual submits to the examination. If the
19		Medical Disciplinary Board or Licensing Board finds a
20		physician unable to practice following an examination and
21		evaluation because of the reasons set forth in this Section,
22		the Medical Disciplinary Board or Licensing Board shall
23		require such physician to submit to care, counseling, or
24		treatment by physicians, or other health care professionals,
25		approved or designated by the Medical Disciplinary Board, as a
26		condition for issued, continued, reinstated, or renewed

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1		licensure to practice. Any physician, whose license was
2		granted pursuant to Sections 9, 17, or 19 of this Act, or,
3		continued, reinstated, renewed, disciplined or supervised,
4		subject to such terms, conditions, or restrictions who shall
5		fail to comply with such terms, conditions, or restrictions,
6		or to complete a required program of care, counseling, or
7		treatment, as determined by the Chief Medical Coordinator or
8		Deputy Medical Coordinators, shall be referred to the
9		Secretary for a determination as to whether the licensee shall
10		have his or her their license suspended immediately, pending a
11		hearing by the Medical Disciplinary Board. In instances in
12		which the Secretary immediately suspends a license under this
13		Section, a hearing upon such person's license must be convened
14		by the Medical Disciplinary Board within 15 days after such
15		suspension and completed without appreciable delay. The
16		Medical Disciplinary Board shall have the authority to review
17		the subject physician's record of treatment and counseling
18		regarding the impairment, to the extent permitted by
19		applicable federal statutes and regulations safeguarding the
20		confidentiality of medical records.
21		An individual licensed under this Act, affected under this
22		Section, shall be afforded an opportunity to demonstrate to
23		the Medical Disciplinary Board that he or she they can resume
24		practice in compliance with acceptable and prevailing
25		standards under the provisions of his or her their license.
26		The Department may promulgate rules for the imposition of

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1		fines in disciplinary cases, not to exceed $10,000 for each
2		violation of this Act. Fines may be imposed in conjunction
3		with other forms of disciplinary action, but shall not be the
4		exclusive disposition of any disciplinary action arising out
5		of conduct resulting in death or injury to a patient. Any funds
6		collected from such fines shall be deposited in the Illinois
7		State Medical Disciplinary Fund.
8		All fines imposed under this Section shall be paid within
9		60 days after the effective date of the order imposing the fine
10		or in accordance with the terms set forth in the order imposing
11		the fine.
12		(B) The Department shall revoke the license or permit
13		issued under this Act to practice medicine or a chiropractic
14		physician who has been convicted a second time of committing
15		any felony under the Illinois Controlled Substances Act or the
16		Methamphetamine Control and Community Protection Act, or who
17		has been convicted a second time of committing a Class 1 felony
18		under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
19		person whose license or permit is revoked under this
20		subsection B shall be prohibited from practicing medicine or
21		treating human ailments without the use of drugs and without
22		operative surgery.
23		(C) The Department shall not revoke, suspend, place on
24		probation, reprimand, refuse to issue or renew, or take any
25		other disciplinary or non-disciplinary action against the
26		license or permit issued under this Act to practice medicine

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1		to a physician:
2		(1) based solely upon the recommendation of the
3		physician to an eligible patient regarding, or
4		prescription for, or treatment with, an investigational
5		drug, biological product, or device; or
6		(2) for experimental treatment for Lyme disease or
7		other tick-borne diseases, including, but not limited to,
8		the prescription of or treatment with long-term
9		antibiotics.
10		(D) The Medical Disciplinary Board shall recommend to the
11		Department civil penalties and any other appropriate
12		discipline in disciplinary cases when the Medical Board finds
13		that a physician willfully performed an abortion with actual
14		knowledge that the person upon whom the abortion has been
15		performed is a minor or an incompetent person without notice
16		as required under the Parental Notice of Abortion Act of 1995.
17		Upon the Medical Board's recommendation, the Department shall
18		impose, for the first violation, a civil penalty of $1,000 and
19		for a second or subsequent violation, a civil penalty of
20		$5,000.
21		(Source: P.A. 100-429, eff. 8-25-17; 100-513, eff. 1-1-18;
22		100-605, eff. 1-1-19; 100-863, eff. 8-14-18; 100-1137, eff.
23		1-1-19; 101-13, eff. 6-12-19; 101-81, eff. 7-12-19; 101-363,
24		eff. 8-9-19; revised 9-20-19.)
25		(225 ILCS 60/23) (from Ch. 111, par. 4400-23)

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1		(Section scheduled to be repealed on January 1, 2022)
2		Sec. 23. Reports relating to professional conduct and
3		capacity.
4		(A) Entities required to report.
5		(1) Health care institutions. The chief administrator
6		or executive officer of any health care institution
7		licensed by the Illinois Department of Public Health shall
8		report to the Medical Disciplinary Board when any person's
9		clinical privileges are terminated or are restricted based
10		on a final determination made in accordance with that
11		institution's by-laws or rules and regulations that a
12		person has either committed an act or acts which may
13		directly threaten patient care or that a person may have a
14		mental or physical disability that may endanger patients
15		under that person's care. Such officer also shall report
16		if a person accepts voluntary termination or restriction
17		of clinical privileges in lieu of formal action based upon
18		conduct related directly to patient care or in lieu of
19		formal action seeking to determine whether a person may
20		have a mental or physical disability that may endanger
21		patients under that person's care. The Medical
22		Disciplinary Board shall, by rule, provide for the
23		reporting to it by health care institutions of all
24		instances in which a person, licensed under this Act, who
25		is impaired by reason of age, drug or alcohol abuse or
26		physical or mental impairment, is under supervision and,

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1		where appropriate, is in a program of rehabilitation. Such
2		reports shall be strictly confidential and may be reviewed
3		and considered only by the members of the Medical
4		Disciplinary Board, or by authorized staff as provided by
5		rules of the Medical Disciplinary Board. Provisions shall
6		be made for the periodic report of the status of any such
7		person not less than twice annually in order that the
8		Medical Disciplinary Board shall have current information
9		upon which to determine the status of any such person.
10		Such initial and periodic reports of impaired physicians
11		shall not be considered records within the meaning of The
12		State Records Act and shall be disposed of, following a
13		determination by the Medical Disciplinary Board that such
14		reports are no longer required, in a manner and at such
15		time as the Medical Disciplinary Board shall determine by
16		rule. The filing of such reports shall be construed as the
17		filing of a report for purposes of subsection (C) of this
18		Section.
19		(1.5) Clinical training programs. The program director
20		of any post-graduate clinical training program shall
21		report to the Medical Disciplinary Board if a person
22		engaged in a post-graduate clinical training program at
23		the institution, including, but not limited to, a
24		residency or fellowship, separates from the program for
25		any reason prior to its conclusion. The program director
26		shall provide all documentation relating to the separation

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1		if, after review of the report, the Medical Disciplinary
2		Board determines that a review of those documents is
3		necessary to determine whether a violation of this Act
4		occurred.
5		(2) Professional associations. The President or chief
6		executive officer of any association or society, of
7		persons licensed under this Act, operating within this
8		State shall report to the Medical Disciplinary Board when
9		the association or society renders a final determination
10		that a person has committed unprofessional conduct related
11		directly to patient care or that a person may have a mental
12		or physical disability that may endanger patients under
13		that person's care.
14		(3) Professional liability insurers. Every insurance
15		company which offers policies of professional liability
16		insurance to persons licensed under this Act, or any other
17		entity which seeks to indemnify the professional liability
18		of a person licensed under this Act, shall report to the
19		Medical Disciplinary Board the settlement of any claim or
20		cause of action, or final judgment rendered in any cause
21		of action, which alleged negligence in the furnishing of
22		medical care by such licensed person when such settlement
23		or final judgment is in favor of the plaintiff.
24		(4) State's Attorneys. The State's Attorney of each
25		county shall report to the Medical Disciplinary Board,
26		within 5 days, any instances in which a person licensed

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1		under this Act is convicted of any felony or Class A
2		misdemeanor. The State's Attorney of each county may
3		report to the Medical Disciplinary Board through a
4		verified complaint any instance in which the State's
5		Attorney believes that a physician has willfully violated
6		the notice requirements of the Parental Notice of Abortion
7		Act of 1995.
8		(5) State agencies. All agencies, boards, commissions,
9		departments, or other instrumentalities of the government
10		of the State of Illinois shall report to the Medical
11		Disciplinary Board any instance arising in connection with
12		the operations of such agency, including the
13		administration of any law by such agency, in which a
14		person licensed under this Act has either committed an act
15		or acts which may be a violation of this Act or which may
16		constitute unprofessional conduct related directly to
17		patient care or which indicates that a person licensed
18		under this Act may have a mental or physical disability
19		that may endanger patients under that person's care.
20		(B) Mandatory reporting. All reports required by items
21		(34), (35), and (36) of subsection (A) of Section 22 and by
22		Section 23 shall be submitted to the Medical Disciplinary
23		Board in a timely fashion. Unless otherwise provided in this
24		Section, the reports shall be filed in writing within 60 days
25		after a determination that a report is required under this
26		Act. All reports shall contain the following information:

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1		(1) The name, address and telephone number of the
2		person making the report.
3		(2) The name, address and telephone number of the
4		person who is the subject of the report.
5		(3) The name and date of birth of any patient or
6		patients whose treatment is a subject of the report, if
7		available, or other means of identification if such
8		information is not available, identification of the
9		hospital or other healthcare facility where the care at
10		issue in the report was rendered, provided, however, no
11		medical records may be revealed.
12		(4) A brief description of the facts which gave rise
13		to the issuance of the report, including the dates of any
14		occurrences deemed to necessitate the filing of the
15		report.
16		(5) If court action is involved, the identity of the
17		court in which the action is filed, along with the docket
18		number and date of filing of the action.
19		(6) Any further pertinent information which the
20		reporting party deems to be an aid in the evaluation of the
21		report.
22		The Medical Disciplinary Board or Department may also
23		exercise the power under Section 38 of this Act to subpoena
24		copies of hospital or medical records in mandatory report
25		cases alleging death or permanent bodily injury. Appropriate
26		rules shall be adopted by the Department with the approval of

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1		the Medical Disciplinary Board.
2		When the Department has received written reports
3		concerning incidents required to be reported in items (34),
4		(35), and (36) of subsection (A) of Section 22, the licensee's
5		failure to report the incident to the Department under those
6		items shall not be the sole grounds for disciplinary action.
7		Nothing contained in this Section shall act to in any way,
8		waive or modify the confidentiality of medical reports and
9		committee reports to the extent provided by law. Any
10		information reported or disclosed shall be kept for the
11		confidential use of the Medical Disciplinary Board, the
12		Medical Coordinators, the Medical Disciplinary Board's
13		attorneys, the medical investigative staff, and authorized
14		clerical staff, as provided in this Act, and shall be afforded
15		the same status as is provided information concerning medical
16		studies in Part 21 of Article VIII of the Code of Civil
17		Procedure, except that the Department may disclose information
18		and documents to a federal, State, or local law enforcement
19		agency pursuant to a subpoena in an ongoing criminal
20		investigation or to a health care licensing body or medical
21		licensing authority of this State or another state or
22		jurisdiction pursuant to an official request made by that
23		licensing body or medical licensing authority. Furthermore,
24		information and documents disclosed to a federal, State, or
25		local law enforcement agency may be used by that agency only
26		for the investigation and prosecution of a criminal offense,

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1		or, in the case of disclosure to a health care licensing body
2		or medical licensing authority, only for investigations and
3		disciplinary action proceedings with regard to a license.
4		Information and documents disclosed to the Department of
5		Public Health may be used by that Department only for
6		investigation and disciplinary action regarding the license of
7		a health care institution licensed by the Department of Public
8		Health.
9		(C) Immunity from prosecution. Any individual or
10		organization acting in good faith, and not in a wilful and
11		wanton manner, in complying with this Act by providing any
12		report or other information to the Medical Disciplinary Board
13		or a peer review committee, or assisting in the investigation
14		or preparation of such information, or by voluntarily
15		reporting to the Medical Disciplinary Board or a peer review
16		committee information regarding alleged errors or negligence
17		by a person licensed under this Act, or by participating in
18		proceedings of the Medical Disciplinary Board or a peer review
19		committee, or by serving as a member of the Medical
20		Disciplinary Board or a peer review committee, shall not, as a
21		result of such actions, be subject to criminal prosecution or
22		civil damages.
23		(D) Indemnification. Members of the Medical Disciplinary
24		Board, the Licensing Board, the Medical Coordinators, the
25		Medical Disciplinary Board's attorneys, the medical
26		investigative staff, physicians retained under contract to

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1		assist and advise the medical coordinators in the
2		investigation, and authorized clerical staff shall be
3		indemnified by the State for any actions occurring within the
4		scope of services on the Medical Disciplinary Board or
5		Licensing Board, done in good faith and not wilful and wanton
6		in nature. The Attorney General shall defend all such actions
7		unless he or she determines either that there would be a
8		conflict of interest in such representation or that the
9		actions complained of were not in good faith or were wilful and
10		wanton.
11		Should the Attorney General decline representation, the
12		member shall have the right to employ counsel of his or her
13		choice, whose fees shall be provided by the State, after
14		approval by the Attorney General, unless there is a
15		determination by a court that the member's actions were not in
16		good faith or were wilful and wanton.
17		The member must notify the Attorney General within 7 days
18		of receipt of notice of the initiation of any action involving
19		services of the Medical Disciplinary Board. Failure to so
20		notify the Attorney General shall constitute an absolute
21		waiver of the right to a defense and indemnification.
22		The Attorney General shall determine within 7 days after
23		receiving such notice, whether he or she will undertake to
24		represent the member.
25		(E) Deliberations of Medical Disciplinary Board. Upon the
26		receipt of any report called for by this Act, other than those

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1		reports of impaired persons licensed under this Act required
2		pursuant to the rules of the Medical Disciplinary Board, the
3		Medical Disciplinary Board shall notify in writing, by
4		certified mail or email, the person who is the subject of the
5		report. Such notification shall be made within 30 days of
6		receipt by the Medical Disciplinary Board of the report.
7		The notification shall include a written notice setting
8		forth the person's right to examine the report. Included in
9		such notification shall be the address at which the file is
10		maintained, the name of the custodian of the reports, and the
11		telephone number at which the custodian may be reached. The
12		person who is the subject of the report shall submit a written
13		statement responding, clarifying, adding to, or proposing the
14		amending of the report previously filed. The person who is the
15		subject of the report shall also submit with the written
16		statement any medical records related to the report. The
17		statement and accompanying medical records shall become a
18		permanent part of the file and must be received by the Medical
19		Disciplinary Board no more than 30 days after the date on which
20		the person was notified by the Medical Disciplinary Board of
21		the existence of the original report.
22		The Medical Disciplinary Board shall review all reports
23		received by it, together with any supporting information and
24		responding statements submitted by persons who are the subject
25		of reports. The review by the Medical Disciplinary Board shall
26		be in a timely manner but in no event, shall the Medical

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1		Disciplinary Board's initial review of the material contained
2		in each disciplinary file be less than 61 days nor more than
3		180 days after the receipt of the initial report by the Medical
4		Disciplinary Board.
5		When the Medical Disciplinary Board makes its initial
6		review of the materials contained within its disciplinary
7		files, the Medical Disciplinary Board shall, in writing, make
8		a determination as to whether there are sufficient facts to
9		warrant further investigation or action. Failure to make such
10		determination within the time provided shall be deemed to be a
11		determination that there are not sufficient facts to warrant
12		further investigation or action.
13		Should the Medical Disciplinary Board find that there are
14		not sufficient facts to warrant further investigation, or
15		action, the report shall be accepted for filing and the matter
16		shall be deemed closed and so reported to the Secretary. The
17		Secretary shall then have 30 days to accept the Medical
18		Disciplinary Board's decision or request further
19		investigation. The Secretary shall inform the Medical Board of
20		the decision to request further investigation, including the
21		specific reasons for the decision. The individual or entity
22		filing the original report or complaint and the person who is
23		the subject of the report or complaint shall be notified in
24		writing by the Secretary of any final action on their report or
25		complaint. The Department shall disclose to the individual or
26		entity who filed the original report or complaint, on request,

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1		the status of the Medical Disciplinary Board's review of a
2		specific report or complaint. Such request may be made at any
3		time, including prior to the Medical Disciplinary Board's
4		determination as to whether there are sufficient facts to
5		warrant further investigation or action.
6		(F) Summary reports. The Medical Disciplinary Board shall
7		prepare, on a timely basis, but in no event less than once
8		every other month, a summary report of final disciplinary
9		actions taken upon disciplinary files maintained by the
10		Medical Disciplinary Board. The summary reports shall be made
11		available to the public upon request and payment of the fees
12		set by the Department. This publication may be made available
13		to the public on the Department's website. Information or
14		documentation relating to any disciplinary file that is closed
15		without disciplinary action taken shall not be disclosed and
16		shall be afforded the same status as is provided by Part 21 of
17		Article VIII of the Code of Civil Procedure.
18		(G) Any violation of this Section shall be a Class A
19		misdemeanor.
20		(H) If any such person violates the provisions of this
21		Section an action may be brought in the name of the People of
22		the State of Illinois, through the Attorney General of the
23		State of Illinois, for an order enjoining such violation or
24		for an order enforcing compliance with this Section. Upon
25		filing of a verified petition in such court, the court may
26		issue a temporary restraining order without notice or bond and

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1		may preliminarily or permanently enjoin such violation, and if
2		it is established that such person has violated or is
3		violating the injunction, the court may punish the offender
4		for contempt of court. Proceedings under this paragraph shall
5		be in addition to, and not in lieu of, all other remedies and
6		penalties provided for by this Section.
7		(Source: P.A. 98-601, eff. 12-30-13; 99-143, eff. 7-27-15.)
8		(225 ILCS 60/24) (from Ch. 111, par. 4400-24)
9		(Section scheduled to be repealed on January 1, 2022)
10		Sec. 24. Report of violations; medical associations.
11		(a) Any physician licensed under this Act, the Illinois
12		State Medical Society, the Illinois Association of Osteopathic
13		Physicians and Surgeons, the Illinois Chiropractic Society,
14		the Illinois Prairie State Chiropractic Association, or any
15		component societies of any of these 4 groups, and any other
16		person, may report to the Medical Disciplinary Board any
17		information the physician, association, society, or person may
18		have that appears to show that a physician is or may be in
19		violation of any of the provisions of Section 22 of this Act.
20		(b) The Department may enter into agreements with the
21		Illinois State Medical Society, the Illinois Association of
22		Osteopathic Physicians and Surgeons, the Illinois Prairie
23		State Chiropractic Association, or the Illinois Chiropractic
24		Society to allow these organizations to assist the Medical
25		Disciplinary Board in the review of alleged violations of this

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1		Act. Subject to the approval of the Department, any
2		organization party to such an agreement may subcontract with
3		other individuals or organizations to assist in review.
4		(c) Any physician, association, society, or person
5		participating in good faith in the making of a report under
6		this Act or participating in or assisting with an
7		investigation or review under this Act shall have immunity
8		from any civil, criminal, or other liability that might result
9		by reason of those actions.
10		(d) The medical information in the custody of an entity
11		under contract with the Department participating in an
12		investigation or review shall be privileged and confidential
13		to the same extent as are information and reports under the
14		provisions of Part 21 of Article VIII of the Code of Civil
15		Procedure.
16		(e) Upon request by the Department after a mandatory
17		report has been filed with the Department, an attorney for any
18		party seeking to recover damages for injuries or death by
19		reason of medical, hospital, or other healing art malpractice
20		shall provide patient records related to the physician
21		involved in the disciplinary proceeding to the Department
22		within 30 days of the Department's request for use by the
23		Department in any disciplinary matter under this Act. An
24		attorney who provides patient records to the Department in
25		accordance with this requirement shall not be deemed to have
26		violated any attorney-client privilege. Notwithstanding any

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1		other provision of law, consent by a patient shall not be
2		required for the provision of patient records in accordance
3		with this requirement.
4		(f) For the purpose of any civil or criminal proceedings,
5		the good faith of any physician, association, society or
6		person shall be presumed.
7		(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
8		(225 ILCS 60/25) (from Ch. 111, par. 4400-25)
9		(Section scheduled to be repealed on January 1, 2022)
10		Sec. 25. The Secretary of the Department may, upon receipt
11		of a written communication from the Secretary of Human
12		Services, the Director of Healthcare and Family Services
13		(formerly Director of Public Aid), or the Director of Public
14		Health that continuation of practice of a person licensed
15		under this Act constitutes an immediate danger to the public,
16		and after consultation with the Chief Medical Coordinator or
17		Deputy Medical Coordinator, immediately suspend the license of
18		such person without a hearing. In instances in which the
19		Secretary immediately suspends a license under this Section, a
20		hearing upon such person's license must be convened by the
21		Medical Disciplinary Board within 15 days after such
22		suspension and completed without appreciable delay. Such
23		hearing is to be held to determine whether to recommend to the
24		Secretary that the person's license be revoked, suspended,
25		placed on probationary status or reinstated, or whether such

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1		person should be subject to other disciplinary action. In the
2		hearing, the written communication and any other evidence
3		submitted therewith may be introduced as evidence against such
4		person; provided however, the person, or their counsel, shall
5		have the opportunity to discredit, impeach and submit evidence
6		rebutting such evidence.
7		(Source: P.A. 97-622, eff. 11-23-11.)
8		(225 ILCS 60/35) (from Ch. 111, par. 4400-35)
9		(Section scheduled to be repealed on January 1, 2022)
10		Sec. 35. The Secretary shall have the authority to appoint
11		an attorney duly licensed to practice law in the State of
12		Illinois to serve as the hearing officer in any action to
13		suspend, revoke, place on probationary status, or take any
14		other disciplinary action with regard to a license. The
15		hearing officer shall have full authority to conduct the
16		hearing. The hearing officer shall report his findings and
17		recommendations to the Medical Disciplinary Board or Licensing
18		Board within 30 days of the receipt of the record. The Medical
19		Disciplinary Board or Licensing Board shall have 60 days from
20		receipt of the report to review the report of the hearing
21		officer and present their findings of fact, conclusions of law
22		and recommendations to the Secretary.
23		(Source: P.A. 100-429, eff. 8-25-17.)
24		(225 ILCS 60/36) (from Ch. 111, par. 4400-36)

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1		(Section scheduled to be repealed on January 1, 2022)
2		Sec. 36. Investigation; notice.
3		(a) Upon the motion of either the Department or the
4		Medical Disciplinary Board or upon the verified complaint in
5		writing of any person setting forth facts which, if proven,
6		would constitute grounds for suspension or revocation under
7		Section 22 of this Act, the Department shall investigate the
8		actions of any person, so accused, who holds or represents
9		that he or she holds a license. Such person is hereinafter
10		called the accused.
11		(b) The Department shall, before suspending, revoking,
12		placing on probationary status, or taking any other
13		disciplinary action as the Department may deem proper with
14		regard to any license at least 30 days prior to the date set
15		for the hearing, notify the accused in writing of any charges
16		made and the time and place for a hearing of the charges before
17		the Medical Disciplinary Board, direct him or her to file his
18		or her written answer thereto to the Medical Disciplinary
19		Board under oath within 20 days after the service on him or her
20		of such notice and inform him or her that if he or she fails to
21		file such answer default will be taken against him or her and
22		his or her license may be suspended, revoked, placed on
23		probationary status, or have other disciplinary action,
24		including limiting the scope, nature or extent of his or her
25		practice, as the Department may deem proper taken with regard
26		thereto. The Department shall, at least 14 days prior to the

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1		date set for the hearing, notify in writing any person who
2		filed a complaint against the accused of the time and place for
3		the hearing of the charges against the accused before the
4		Medical Disciplinary Board and inform such person whether he
5		or she may provide testimony at the hearing.
6		(c) (Blank).
7		(d) Such written notice and any notice in such proceedings
8		thereafter may be served by personal delivery, email to the
9		respondent's email address of record, or mail to the
10		respondent's address of record.
11		(e) All information gathered by the Department during its
12		investigation including information subpoenaed under Section
13		23 or 38 of this Act and the investigative file shall be kept
14		for the confidential use of the Secretary, the Medical
15		Disciplinary Board, the Medical Coordinators, persons employed
16		by contract to advise the Medical Coordinator or the
17		Department, the Medical Disciplinary Board's attorneys, the
18		medical investigative staff, and authorized clerical staff, as
19		provided in this Act and shall be afforded the same status as
20		is provided information concerning medical studies in Part 21
21		of Article VIII of the Code of Civil Procedure, except that the
22		Department may disclose information and documents to a
23		federal, State, or local law enforcement agency pursuant to a
24		subpoena in an ongoing criminal investigation to a health care
25		licensing body of this State or another state or jurisdiction
26		pursuant to an official request made by that licensing body.

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1		Furthermore, information and documents disclosed to a federal,
2		State, or local law enforcement agency may be used by that
3		agency only for the investigation and prosecution of a
4		criminal offense or, in the case of disclosure to a health care
5		licensing body, only for investigations and disciplinary
6		action proceedings with regard to a license issued by that
7		licensing body.
8		(Source: P.A. 101-13, eff. 6-12-19; 101-316, eff. 8-9-19;
9		revised 9-20-19.)
10		(225 ILCS 60/37) (from Ch. 111, par. 4400-37)
11		(Section scheduled to be repealed on January 1, 2022)
12		Sec. 37. Disciplinary actions.
13		(a) At the time and place fixed in the notice, the Medical
14		Disciplinary Board provided for in this Act shall proceed to
15		hear the charges, and the accused person shall be accorded
16		ample opportunity to present in person, or by counsel, such
17		statements, testimony, evidence and argument as may be
18		pertinent to the charges or to any defense thereto. The
19		Medical Disciplinary Board may continue such hearing from time
20		to time. If the Medical Disciplinary Board is not sitting at
21		the time and place fixed in the notice or at the time and place
22		to which the hearing has been continued, the Department shall
23		continue such hearing for a period not to exceed 30 days.
24		(b) In case the accused person, after receiving notice,
25		fails to file an answer, their license may, in the discretion

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1		of the Secretary, having received first the recommendation of
2		the Medical Disciplinary Board, be suspended, revoked or
3		placed on probationary status, or the Secretary may take
4		whatever disciplinary action as he or she may deem proper,
5		including limiting the scope, nature, or extent of said
6		person's practice, without a hearing, if the act or acts
7		charged constitute sufficient grounds for such action under
8		this Act.
9		(c) The Medical Disciplinary Board has the authority to
10		recommend to the Secretary that probation be granted or that
11		other disciplinary or non-disciplinary action, including the
12		limitation of the scope, nature or extent of a person's
13		practice, be taken as it deems proper. If disciplinary or
14		non-disciplinary action, other than suspension or revocation,
15		is taken the Medical Disciplinary Board may recommend that the
16		Secretary impose reasonable limitations and requirements upon
17		the accused registrant to ensure insure compliance with the
18		terms of the probation or other disciplinary action including,
19		but not limited to, regular reporting by the accused to the
20		Department of their actions, placing themselves under the care
21		of a qualified physician for treatment, or limiting their
22		practice in such manner as the Secretary may require.
23		(d) The Secretary, after consultation with the Chief
24		Medical Coordinator or Deputy Medical Coordinator, may
25		temporarily suspend the license of a physician without a
26		hearing, simultaneously with the institution of proceedings

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1		for a hearing provided under this Section if the Secretary
2		finds that evidence in his or her possession indicates that a
3		physician's continuation in practice would constitute an
4		immediate danger to the public. In the event that the
5		Secretary suspends, temporarily, the license of a physician
6		without a hearing, a hearing by the Medical Disciplinary Board
7		shall be held within 15 days after such suspension has
8		occurred and shall be concluded without appreciable delay.
9		(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
10		(225 ILCS 60/38) (from Ch. 111, par. 4400-38)
11		(Section scheduled to be repealed on January 1, 2022)
12		Sec. 38. Subpoena; oaths.
13		(a) The Medical Disciplinary Board or Department has power
14		to subpoena and bring before it any person in this State and to
15		take testimony either orally or by deposition, or both, with
16		the same fees and mileage and in the same manner as is
17		prescribed by law for judicial procedure in civil cases.
18		(b) The Medical Disciplinary Board or Department, upon a
19		determination that probable cause exists that a violation of
20		one or more of the grounds for discipline listed in Section 22
21		has occurred or is occurring, may subpoena the medical and
22		hospital records of individual patients of physicians licensed
23		under this Act, provided, that prior to the submission of such
24		records to the Medical Disciplinary Board, all information
25		indicating the identity of the patient shall be removed and

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1		deleted. Notwithstanding the foregoing, the Medical
2		Disciplinary Board and Department shall possess the power to
3		subpoena copies of hospital or medical records in mandatory
4		report cases under Section 23 alleging death or permanent
5		bodily injury when consent to obtain records is not provided
6		by a patient or legal representative. Prior to submission of
7		the records to the Medical Disciplinary Board, all information
8		indicating the identity of the patient shall be removed and
9		deleted. All medical records and other information received
10		pursuant to subpoena shall be confidential and shall be
11		afforded the same status as is proved information concerning
12		medical studies in Part 21 of Article VIII of the Code of Civil
13		Procedure. The use of such records shall be restricted to
14		members of the Medical Disciplinary Board, the medical
15		coordinators, and appropriate staff of the Department
16		designated by the Medical Disciplinary Board for the purpose
17		of determining the existence of one or more grounds for
18		discipline of the physician as provided for by Section 22 of
19		this Act. Any such review of individual patients' records
20		shall be conducted by the Medical Disciplinary Board in strict
21		confidentiality, provided that such patient records shall be
22		admissible in a disciplinary hearing, before the Medical
23		Disciplinary Board, when necessary to substantiate the grounds
24		for discipline alleged against the physician licensed under
25		this Act, and provided further, that nothing herein shall be
26		deemed to supersede the provisions of Part 21 of Article VIII

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1		of the "Code of Civil Procedure", as now or hereafter amended,
2		to the extent applicable.
3		(c) The Secretary, hearing officer, and any member of the
4		Medical Disciplinary Board each have power to administer oaths
5		at any hearing which the Medical Disciplinary Board or
6		Department is authorized by law to conduct.
7		(d) The Medical Disciplinary Board, upon a determination
8		that probable cause exists that a violation of one or more of
9		the grounds for discipline listed in Section 22 has occurred
10		or is occurring on the business premises of a physician
11		licensed under this Act, may issue an order authorizing an
12		appropriately qualified investigator employed by the
13		Department to enter upon the business premises with due
14		consideration for patient care of the subject of the
15		investigation so as to inspect the physical premises and
16		equipment and furnishings therein. No such order shall include
17		the right of inspection of business, medical, or personnel
18		records located on the premises. For purposes of this Section,
19		"business premises" is defined as the office or offices where
20		the physician conducts the practice of medicine. Any such
21		order shall expire and become void five business days after
22		its issuance by the Medical Disciplinary Board. The execution
23		of any such order shall be valid only during the normal
24		business hours of the facility or office to be inspected.
25		(Source: P.A. 101-316, eff. 8-9-19.)

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1		(225 ILCS 60/39) (from Ch. 111, par. 4400-39)
2		(Section scheduled to be repealed on January 1, 2022)
3		Sec. 39. Certified shorthand reporter; record. The
4		Department, at its expense, shall provide a certified
5		shorthand reporter to take down the testimony and preserve a
6		record of all proceedings at the hearing of any case wherein a
7		license may be revoked, suspended, placed on probationary
8		status, or other disciplinary action taken with regard thereto
9		in accordance with Section 2105-115 of the Department of
10		Professional Regulation Law of the Civil Administrative Code
11		of Illinois. The notice of hearing, complaint and all other
12		documents in the nature of pleadings and written motions filed
13		in the proceedings, the transcript of testimony, the report of
14		the hearing officer, exhibits, the report of the Medical
15		Board, and the orders of the Department constitute the record
16		of the proceedings.
17		(Source: P.A. 100-429, eff. 8-25-17; 101-316, eff. 8-9-19.)
18		(225 ILCS 60/40) (from Ch. 111, par. 4400-40)
19		(Section scheduled to be repealed on January 1, 2022)
20		Sec. 40. Findings and recommendations; rehearing.
21		(a) The Medical Disciplinary Board shall present to the
22		Secretary a written report of its findings and
23		recommendations. A copy of such report shall be served upon
24		the accused person, either personally or by mail or email.
25		Within 20 days after such service, the accused person may

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1		present to the Department his or her motion, in writing, for a
2		rehearing, which written motion shall specify the particular
3		ground therefor. If the accused person orders and pays for a
4		transcript of the record as provided in Section 39, the time
5		elapsing thereafter and before such transcript is ready for
6		delivery to them shall not be counted as part of such 20 days.
7		(b) At the expiration of the time allowed for filing a
8		motion for rehearing, the Secretary may take the action
9		recommended by the Medical Disciplinary Board. Upon the
10		suspension, revocation, placement on probationary status, or
11		the taking of any other disciplinary action, including the
12		limiting of the scope, nature, or extent of one's practice,
13		deemed proper by the Department, with regard to the license or
14		permit, the accused shall surrender his or her license or
15		permit to the Department, if ordered to do so by the
16		Department, and upon his or her failure or refusal so to do,
17		the Department may seize the same.
18		(c) Each order of revocation, suspension, or other
19		disciplinary action shall contain a brief, concise statement
20		of the ground or grounds upon which the Department's action is
21		based, as well as the specific terms and conditions of such
22		action. This document shall be retained as a permanent record
23		by the Department Disciplinary Board and the Secretary.
24		(d) (Blank). The Department shall at least annually
25		publish a list of the names of all persons disciplined under
26		this Act in the preceding 12 months. Such lists shall be

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1		available by the Department on its website.
2		(e) In those instances where an order of revocation,
3		suspension, or other disciplinary action has been rendered by
4		virtue of a physician's physical illness, including, but not
5		limited to, deterioration through the aging process, or loss
6		of motor skill which results in a physician's inability to
7		practice medicine with reasonable judgment, skill, or safety,
8		the Department shall only permit this document, and the record
9		of the hearing incident thereto, to be observed, inspected,
10		viewed, or copied pursuant to court order.
11		(Source: P.A. 101-316, eff. 8-9-19.)
12		(225 ILCS 60/41) (from Ch. 111, par. 4400-41)
13		(Section scheduled to be repealed on January 1, 2022)
14		Sec. 41. Administrative review; certification of record.
15		(a) All final administrative decisions of the Department
16		are subject to judicial review pursuant to the Administrative
17		Review Law and its rules. The term "administrative decision"
18		is defined as in Section 3-101 of the Code of Civil Procedure.
19		(b) Proceedings for judicial review shall be commenced in
20		the circuit court of the county in which the party applying for
21		review resides; but if the party is not a resident of this
22		State, the venue shall be in Sangamon County.
23		(c) The Department shall not be required to certify any
24		record to the court, to file an answer in court, or to
25		otherwise appear in any court in a judicial review proceeding

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1		unless and until the Department has received from the
2		plaintiff payment of the costs of furnishing and certifying
3		the record, which costs shall be determined by the Department.
4		Exhibits shall be certified without cost. Failure on the part
5		of the plaintiff to file a receipt in court shall be grounds
6		for dismissal of the action. During the pendency and hearing
7		of any and all judicial proceedings incident to the
8		disciplinary action the sanctions imposed upon the accused by
9		the Department because of acts or omissions related to the
10		delivery of direct patient care as specified in the
11		Department's final administrative decision, shall as a matter
12		of public policy remain in full force and effect in order to
13		protect the public pending final resolution of any of the
14		proceedings.
15		(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
16		(225 ILCS 60/42) (from Ch. 111, par. 4400-42)
17		(Section scheduled to be repealed on January 1, 2022)
18		Sec. 42. An order of revocation, suspension, placing the
19		license on probationary status, or other formal disciplinary
20		action as the Department may deem proper, or a certified copy
21		thereof, over the seal of the Department and purporting to be
22		signed by the Secretary, is prima facie proof that:
23		(a) Such signature is the genuine signature of the
24		Secretary;
25		(b) The Secretary is duly appointed and qualified; and

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1		(c) The Medical Disciplinary Board and the members
2		thereof are qualified.
3		Such proof may be rebutted.
4		(Source: P.A. 97-622, eff. 11-23-11.)
5		(225 ILCS 60/44) (from Ch. 111, par. 4400-44)
6		(Section scheduled to be repealed on January 1, 2022)
7		Sec. 44. None of the disciplinary functions, powers and
8		duties enumerated in this Act shall be exercised by the
9		Department except upon the action and report in writing of the
10		Medical Disciplinary Board.
11		In all instances, under this Act, in which the Medical
12		Disciplinary Board has rendered a recommendation to the
13		Secretary with respect to a particular physician, the
14		Secretary may take action contrary to the recommendation of
15		the Medical Board. In shall, in the event that the Secretary he
16		or she disagrees with or takes action contrary to the
17		recommendation of the Medical Disciplinary Board, file with
18		the Medical Disciplinary Board his or her specific written
19		reasons of disagreement with the Medical Disciplinary Board.
20		Such reasons shall be filed within 30 days of the occurrence of
21		the Secretary's contrary position having been taken.
22		The action and report in writing of a majority of the
23		Medical Disciplinary Board designated is sufficient authority
24		upon which the Secretary may act.
25		Whenever the Secretary is satisfied that substantial

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1		justice has not been done either in an examination, or in a
2		formal disciplinary action, or refusal to restore a license,
3		he or she may order a reexamination or rehearing by the same or
4		other examiners.
5		(Source: P.A. 97-622, eff. 11-23-11.)
6		(225 ILCS 60/47) (from Ch. 111, par. 4400-47)
7		(Section scheduled to be repealed on January 1, 2022)
8		Sec. 47. Administrative Procedure Act. The Illinois
9		Administrative Procedure Act is hereby expressly adopted and
10		incorporated herein as if all of the provisions of that Act
11		were included in this Act, except that the provision of
12		subsection (d) of Section 10-65 of the Illinois Administrative
13		Procedure Act that provides that at hearings the licensee has
14		the right to show compliance with all lawful requirements for
15		retention, continuation or renewal of the license is
16		specifically excluded. For the purposes of this Act the notice
17		required under Section 10-25 of the Illinois Administrative
18		Procedure Act is deemed sufficient when mailed or emailed to
19		the address of record of a party.
20		(Source: P.A. 97-622, eff. 11-23-11.)
21		Section 25. The Boxing and Full-contact Martial Arts Act
22		is amended by changing Sections 1, 2, 5, 6, 7, 8, 10, 11, 12,
23		13, 15, 16, 17, 17.7, 17.8, 17.9, 18, 19, 19.1, 19.5, 20, 21,
24		22, 23, 23.1, 24, 24.5, and 25.1 and by adding Sections 1.4 and

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1		2.5 as follows:
2		(225 ILCS 105/1) (from Ch. 111, par. 5001)
3		(Section scheduled to be repealed on January 1, 2022)
4		Sec. 1. Short title and definitions.
5		(a) This Act may be cited as the Boxing and Full-contact
6		Martial Arts Act.
7		(b) As used in this Act:
8		"Department" means the Department of Financial and
9		Professional Regulation.
10		"Secretary" means the Secretary of Financial and
11		Professional Regulation or a person authorized by the
12		Secretary to act in the Secretary's stead.
13		"Board" means the State of Illinois Athletic Board
14		established pursuant to this Act.
15		"License" means the license issued for promoters,
16		professionals, amateurs, or officials in accordance with
17		this Act.
18		"Contest Professional contest" means a boxing or
19		full-contact martial arts competition in which all of the
20		participants competing against one another are
21		professionals or amateurs and where the public is able to
22		attend or a fee is charged.
23		"Permit" means the authorization from the Department
24		to a promoter to conduct professional or amateur contests,
25		or a combination of both.

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1		"Promoter" means a person who is licensed and who
2		holds a permit to conduct professional or amateur
3		contests, or a combination of both.
4		Unless the context indicates otherwise, "person"
5		includes, but is not limited to, an individual,
6		association, organization, business entity, gymnasium, or
7		club.
8		"Judge" means a person licensed by the Department who
9		is located at ringside or adjacent to the fighting area
10		during a professional contest and who has the
11		responsibility of scoring the performance of the
12		participants in that professional or amateur contest.
13		"Referee" means a person licensed by the Department
14		who has the general supervision of and is present inside
15		of the ring or fighting area during a professional or
16		amateur contest.
17		"Amateur" means a person licensed registered by the
18		Department who is not competing for, and has never
19		received or competed for, any purse or other article of
20		value, directly or indirectly, either for participating in
21		any contest or for the expenses of training therefor,
22		other than a non-monetary prize that does not exceed $50
23		in value.
24		"Professional" means a person licensed by the
25		Department who competes for a money prize, purse, or other
26		type of compensation in a professional contest held in

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1		Illinois.
2		"Second" means a person licensed by the Department who
3		is present at any professional or amateur contest to
4		provide assistance or advice to a professional during the
5		contest.
6		"Matchmaker" means a person licensed by the Department
7		who brings together professionals or amateurs to compete
8		in contests.
9		"Manager" means a person licensed by the Department
10		who is not a promoter and who, under contract, agreement,
11		or other arrangement, undertakes to, directly or
12		indirectly, control or administer the affairs of
13		contestants professionals.
14		"Timekeeper" means a person licensed by the Department
15		who is the official timer of the length of rounds and the
16		intervals between the rounds.
17		"Purse" means the financial guarantee or any other
18		remuneration for which contestants are participating in a
19		professional contest.
20		"Physician" means a person licensed to practice
21		medicine in all its branches under the Medical Practice
22		Act of 1987.
23		"Martial arts" means a discipline or combination of
24		different disciplines that utilizes sparring techniques
25		without the intent to injure, disable, or incapacitate
26		one's opponent, such as, but not limited to, Karate, Kung

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1		Fu, Judo, Jujutsu, and Tae Kwon Do, and Kyuki-Do.
2		"Full-contact martial arts" means the use of a
3		singular discipline or a combination of techniques from
4		different disciplines of the martial arts, including,
5		without limitation, full-force grappling, kicking, and
6		striking with the intent to injure, disable, or
7		incapacitate one's opponent.
8		"Amateur contest" means a boxing or full-contact
9		martial arts competition in which all of the participants
10		competing against one another are amateurs and where the
11		public is able to attend or a fee is charged.
12		"Contestant" means a person who competes in either a
13		boxing or full-contact martial arts contest.
14		"Address of record" means the designated address
15		recorded by the Department in the applicant's or
16		licensee's application file or , license file, or
17		registration file as maintained by the Department's
18		licensure maintenance unit. It is the duty of the
19		applicant or licensee to inform the Department of any
20		change of address and those changes must be made either
21		through the Department's website or by contacting the
22		Department.
23		"Bout" means one match between 2 contestants.
24		"Sanctioning body" means an organization approved by
25		the Department under the requirements and standards stated
26		in this Act and the rules adopted under this Act to act as

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1		a governing body that sanctions professional or amateur
2		full-contact martial arts contests.
3		"Email address of record" means the designated email
4		address recorded by the Department in the applicant's
5		application file or the licensee's license file as
6		maintained by the Department's licensure maintenance unit.
7		(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11;
8		97-1123, eff. 8-27-12.)
9		(225 ILCS 105/1.4 new)
10		Sec. 1.4. Address of record; email address of record. All
11		applicants and licensees shall:
12		(1) provide a valid address and email address to the
13		Department, which shall serve as the address of record and
14		email address of record, respectively, at the time of
15		application for licensure or renewal of a license; and
16		(2) inform the Department of any change of address of
17		record or email address of record within 14 days after
18		such change either through the Department's website or by
19		contacting the Department's licensure maintenance unit.
20		(225 ILCS 105/2) (from Ch. 111, par. 5002)
21		(Section scheduled to be repealed on January 1, 2022)
22		Sec. 2. State of Illinois Athletic Board.
23		(a) The Secretary shall appoint members to the State of
24		Illinois Athletic Board. The Board shall consist of 7 members

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1		who shall serve in an advisory capacity to the Secretary.
2		There is created the State of Illinois Athletic Board
3		consisting of 6 persons who shall be appointed by and shall
4		serve in an advisory capacity to the Secretary, and the State
5		Professional Boxing Board shall be disbanded. One member of
6		the Board shall be a physician licensed to practice medicine
7		in all of its branches. One member of the Board shall be a
8		member of the full-contact martial arts community. One and one
9		member of the Board shall be a member of either the
10		full-contact martial arts community or the boxing community.
11		The Secretary shall appoint each member to serve for a term of
12		3 years and until his or her successor is appointed and
13		qualified. One member of the board shall be designated as the
14		Chairperson and one member shall be designated as the
15		Vice-chairperson. No member shall be appointed to the Board
16		for a term which would cause continuous service to be more than
17		9 years. Each member of the board shall receive compensation
18		for each day he or she is engaged in transacting the business
19		of the board and, in addition, shall be reimbursed for his or
20		her authorized and approved expenses necessarily incurred in
21		relation to such service in accordance with the travel
22		regulations applicable to the Department at the time the
23		expenses are incurred.
24		(b) Board members shall serve 5-year terms and until their
25		successors are appointed and qualified.
26		(c) In appointing members to the Board, the Secretary

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1		shall give due consideration to recommendations by members and
2		organizations of the martial arts and boxing industry.
3		(d) The membership of the Board should reasonably reflect
4		representation from the geographic areas in this State.
5		(e) No member shall be appointed to the Board for a term
6		that would cause his or her continuous service on the Board to
7		be longer than 2 consecutive 5-year terms.
8		(f) The Secretary may terminate the appointment of any
9		member for cause that in the opinion of the Secretary
10		reasonably justified such termination, which may include, but
11		is not limited to, a Board member who does not attend 2
12		consecutive meetings.
13		(g) Appointments to fill vacancies shall be made in the
14		same manner as original appointments, for the unexpired
15		portion of the vacated term.
16		(h) Four members of the Board shall constitute a quorum. A
17		quorum is required for Board decisions.
18		(i) Members of the Board shall have no liability in any
19		action based upon activity performed in good faith as members
20		of the Board.
21		(j) Members of the Board may be reimbursed for all
22		legitimate, necessary, and authorized expenses.
23		Four members shall constitute a quorum.
24		The members of the Board shall be immune from suit in any
25		action based upon any disciplinary proceedings or other acts
26		performed in good faith as members of the Board.

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1		The Secretary may remove any member of the Board for
2		misconduct, incapacity, or neglect of duty. The Secretary
3		shall reduce to writing any causes for removal.
4		(Source: P.A. 97-119, eff. 7-14-11.)
5		(225 ILCS 105/2.5 new)
6		Sec. 2.5. Powers and duties of the Board.
7		(a) Subject to the provisions of this Act, the Board shall
8		exercise the following functions, powers, and duties:
9		(1) The Board shall hold at least one meeting each
10		year.
11		(2) The Board shall elect a chairperson and a vice
12		chairperson.
13		(b) The Department may, at any time, seek the expert
14		advice and knowledge of the Board on any matter relating to the
15		enforcement of this Act.
16		(225 ILCS 105/5) (from Ch. 111, par. 5005)
17		(Section scheduled to be repealed on January 1, 2022)
18		Sec. 5. Powers and duties of the Department. The
19		Department shall, subject to the provisions of this Act,
20		exercise the following functions, powers, and duties:
21		(1) Ascertain the qualifications and fitness of
22		applicants for license and permits.
23		(2) Adopt rules required for the administration of
24		this Act.

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1		(3) Conduct hearings on proceedings to refuse to
2		issue, renew, or restore licenses and revoke, suspend,
3		place on probation, or reprimand those licensed under the
4		provisions of this Act.
5		(4) Issue licenses to those who meet the
6		qualifications of this Act and its rules.
7		(5) Conduct investigations related to possible
8		violations of this Act.
9		The Department shall exercise, but subject to the provisions
10		of this Act, the following functions, powers, and duties: (a)
11		to ascertain the qualifications and fitness of applicants for
12		licenses and permits; (b) to prescribe rules and regulations
13		for the administration of the Act; (c) to conduct hearings on
14		proceedings to refuse to issue, refuse to renew, revoke,
15		suspend, or subject to reprimand licenses or permits under
16		this Act; and (d) to revoke, suspend, or refuse issuance or
17		renewal of such licenses or permits.
18		(Source: P.A. 92-499, eff. 1-1-02.)
19		(225 ILCS 105/6) (from Ch. 111, par. 5006)
20		(Section scheduled to be repealed on January 1, 2022)
21		Sec. 6. Restricted contests and events.
22		(a) All professional and amateur contests, or a
23		combination of both, in which physical contact is made are
24		prohibited in Illinois unless authorized by the Department
25		pursuant to the requirements and standards stated in this Act

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1		and the rules adopted pursuant to this Act. This subsection
2		(a) does not apply to any of the following:
3		(1) Amateur boxing or full-contact martial arts
4		contests conducted by accredited secondary schools,
5		colleges, or universities, although a fee may be charged.
6		(2) Amateur boxing contests that are sanctioned by USA
7		Boxing or any other sanctioning organization approved by
8		the Department as determined by rule Association of Boxing
9		Commissions.
10		(3) Amateur boxing or full-contact martial arts
11		contests conducted by a State, county, or municipal
12		entity, including those events held by any agency
13		organized under these entities.
14		(4) Amateur martial arts contests that are not defined
15		as full-contact martial arts contests under this Act,
16		including, but not limited to, Karate, Kung Fu, Judo,
17		Jujutsu, Tae Kwon Do, and Kyuki-Do.
18		(5) Full-contact martial arts contests, as defined by
19		this Act, that are recognized by the International Olympic
20		Committee or are contested in the Olympic Games and are
21		not conducted in an enclosed fighting area or ring.
22		No other amateur boxing or full-contact martial arts
23		contests shall be permitted unless authorized by the
24		Department.
25		(b) The Department shall have the authority to determine
26		whether a professional or amateur contest is exempt for

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1		purposes of this Section.
2		(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11;
3		97-1123, eff. 8-27-12.)
4		(225 ILCS 105/7) (from Ch. 111, par. 5007)
5		(Section scheduled to be repealed on January 1, 2022)
6		Sec. 7. Authorization to conduct contests; sanctioning
7		bodies.
8		(a) In order to conduct a professional contest or,
9		beginning 6 months after the adoption of rules pertaining to
10		an amateur contest, an amateur contest, or a combination of
11		both, in this State, a promoter shall obtain a permit issued by
12		the Department in accordance with this Act and the rules and
13		regulations adopted pursuant thereto. This permit shall
14		authorize one or more professional or amateur contests, or a
15		combination of both.
16		(b) Before January 1, 2023, amateur Amateur full-contact
17		martial arts contests must be registered and sanctioned by a
18		sanctioning body approved by the Department for that purpose
19		under the requirements and standards stated in this Act and
20		the rules adopted under this Act.
21		(c) On and after January 1, 2023, a promoter for an amateur
22		full-contact martial arts contest shall obtain a permit issued
23		by the Department under the requirements and standards set
24		forth in this Act and the rules adopted under this Act.
25		(d) On and after January 1, 2023, the Department shall not

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1		approve any sanctioning body. A sanctioning body's approval by
2		the Department that was received before January 1, 2023 is
3		withdrawn on January 1, 2023.
4		(e) A permit issued under this Act is not transferable.
5		(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11.)
6		(225 ILCS 105/8) (from Ch. 111, par. 5008)
7		(Section scheduled to be repealed on January 1, 2022)
8		Sec. 8. Permits.
9		(a) A promoter who desires to obtain a permit to conduct a
10		professional or amateur contest, or a combination of both,
11		shall apply to the Department at least 30 calendar 20 days
12		prior to the event, in writing or electronically, on forms
13		prescribed furnished by the Department. The application shall
14		be accompanied by the required fee and shall contain, but not
15		be limited to, the following information to be submitted at
16		times specified by rule:
17		(1) the legal names and addresses of the promoter;
18		(2) the name of the matchmaker;
19		(3) the time and exact location of the professional or
20		amateur contest, or a combination of both. It is the
21		responsibility of the promoter to ensure that the building
22		to be used for the event complies with all laws,
23		ordinances, and regulations in the city, town, village, or
24		county where the contest is to be held;
25		(4) the signed and executed copy of the event venue

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1		lease agreement; and proof of adequate security measures,
2		as determined by Department rule, to ensure the protection
3		of the safety of contestants and the general public while
4		attending professional or amateur contests, or a
5		combination of both;
6		(5) proof of adequate medical supervision, as
7		determined by Department rule, to ensure the protection of
8		the health and safety of professionals' or amateurs' while
9		participating in the contest;
10		(5) (6) the initial list of names of the professionals
11		or amateurs competing subject to Department approval. ;
12		(7) proof of insurance for not less than $50,000 as
13		further defined by rule for each professional or amateur
14		participating in a professional or amateur contest, or a
15		combination of both; insurance required under this
16		paragraph (7) shall cover (i) hospital, medication,
17		physician, and other such expenses as would accrue in the
18		treatment of an injury as a result of the professional or
19		amateur contest; (ii) payment to the estate of the
20		professional or amateur in the event of his or her death as
21		a result of his or her participation in the professional
22		or amateur contest; and (iii) accidental death and
23		dismemberment; the terms of the insurance coverage must
24		not require the contestant to pay a deductible. The
25		promoter may not carry an insurance policy with a
26		deductible in an amount greater than $500 for the medical,

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1		surgical, or hospital care for injuries a contestant
2		sustains while engaged in a contest, and if a licensed or
3		registered contestant pays for the medical, surgical, or
4		hospital care, the insurance proceeds must be paid to the
5		contestant or his or her beneficiaries as reimbursement
6		for such payment;
7		(8) the amount of the purses to be paid to the
8		professionals for the event; the Department shall adopt
9		rules for payment of the purses;
10		(9) organizational or internationally accepted rules,
11		per discipline, for professional or amateur full-contact
12		martial arts contests where the Department does not
13		provide the rules;
14		(10) proof of contract indicating the requisite
15		registration and sanctioning by a Department approved
16		sanctioning body for any full-contact martial arts contest
17		with scheduled amateur bouts; and
18		(11) any other information that the Department may
19		require to determine whether a permit shall be issued.
20		(b) The Department may issue a permit to any promoter who
21		meets the requirements of this Act and the rules. The permit
22		shall only be issued for a specific date and location of a
23		professional or amateur contest, or a combination of both, and
24		shall not be transferable. The Department may allow a promoter
25		to amend a permit application to hold a professional or
26		amateur contest, or a combination of both, in a different

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1		location other than the application specifies if all
2		requirements of this Section are met, waiving the 30-day
3		provision of subsection (a) and may allow the promoter to
4		substitute professionals or amateurs, respectively.
5		(c) The Department shall be responsible for assigning the
6		judges, timekeepers, referees, and physicians, for a
7		professional contest, an amateur contest, or a combination of
8		both. Compensation shall be determined by the Department, and
9		it shall be the responsibility of the promoter to pay the
10		individuals utilized.
11		(d) The promoter shall submit the following documents to
12		the Department at times specified by rule:
13		(1) proof of adequate security measures, as determined
14		by rule, to ensure the protection of the safety of
15		contestants and the general public while attending
16		professional contests, amateur contests, or a combination
17		of both;
18		(2) proof of adequate medical supervision, as
19		determined by rule, to ensure the protection of the health
20		and safety of professionals or amateurs while
21		participating in contests;
22		(3) the complete and final list of names of the
23		professionals or amateurs competing, subject to Department
24		approval, which shall be submitted up to 48 hours prior to
25		the event date specified in the permit;
26		(4) proof of insurance for not less than $50,000 as

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1		further defined by rule for each professional or amateur
2		participating in a professional or amateur contest, or a
3		combination of both; insurance required under this
4		paragraph shall cover: (i) hospital, medication,
5		physician, and other such expenses as would accrue in the
6		treatment of an injury as a result of the professional or
7		amateur contest; (ii) payment to the estate of the
8		professional or amateur in the event of his or her death as
9		a result of his or her participation in the professional
10		or amateur contest; and (iii) accidental death and
11		dismemberment; the terms of the insurance coverage shall
12		require the promoter, not the licensed contestant, to pay
13		the policy deductible for the medical, surgical, or
14		hospital care of a contestant for injuries a contestant
15		sustained while engaged in a contest; if a licensed
16		contestant pays for the medical, surgical, or hospital
17		care, the insurance proceeds shall be paid to the
18		contestant or his or her beneficiaries as reimbursement
19		for such payment;
20		(5) the amount of the purses to be paid to the
21		professionals for the event as determined by rule;
22		(6) organizational or internationally accepted rules,
23		per discipline, for professional or amateur full-contact
24		martial arts contests if the Department does not provide
25		the rules for Department approval; and
26		(7) any other information the Department may require,

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1		as determined by rule, to issue a permit.
2		(e) If the accuracy, relevance, or sufficiency of any
3		submitted documentation is questioned by the Department
4		because of lack of information, discrepancies, or conflicts in
5		information given or a need for clarification, the promoter
6		seeking a permit may be required to provide additional
7		information.
8		(Source: P.A. 97-119, eff. 7-14-11; 98-756, eff. 7-16-14.)
9		(225 ILCS 105/10) (from Ch. 111, par. 5010)
10		(Section scheduled to be repealed on January 1, 2022)
11		Sec. 10. Who must be licensed.
12		(a) In order to participate in professional contests the
13		following persons must each be licensed and in good standing
14		with the Department: (a) professionals and amateurs, (b)
15		seconds, (c) referees, (d) judges, (e) managers, (f)
16		matchmakers, and (g) timekeepers.
17		(b) In order to participate in professional or amateur
18		contests or a combination of both, promoters must be licensed
19		and in good standing with the Department.
20		(c) Announcers may participate in professional or amateur
21		contests, or a combination of both, without being licensed
22		under this Act. It shall be the responsibility of the promoter
23		to ensure that announcers comply with the Act, and all rules
24		and regulations promulgated pursuant to this Act.
25		(d) A licensed promoter may not act as, and cannot be

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1		licensed as, a second, professional, referee, timekeeper,
2		judge, or manager. If he or she is so licensed, he or she must
3		relinquish any of these licenses to the Department for
4		cancellation. A person possessing a valid promoter's license
5		may act as a matchmaker.
6		(e) Participants in amateur full-contact martial arts
7		contests taking place before January 1, 2023 are not required
8		to obtain licenses by the Department, except for promoters of
9		amateur contests.
10		(Source: P.A. 97-119, eff. 7-14-11.)
11		(225 ILCS 105/11) (from Ch. 111, par. 5011)
12		(Section scheduled to be repealed on January 1, 2022)
13		Sec. 11. Qualifications for license. The Department shall
14		grant licenses to the following persons if the following
15		qualifications are met:
16		(1) An applicant for licensure as a professional or
17		amateur must: (1) be 18 years old, (2) be of good moral
18		character, (3) file an application stating the applicant's
19		legal name (and no assumed or ring name may be used unless
20		such name is registered with the Department along with the
21		applicant's legal name), date and place of birth, place of
22		current residence, and a sworn statement that he or she is
23		not currently in violation of any federal, State or local
24		laws or rules governing boxing or full-contact martial
25		arts, (4) file a certificate from a physician licensed to

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1		practice medicine in all of its branches which attests
2		that the applicant is physically fit and qualified to
3		participate in professional or amateur contests, and (5)
4		pay the required fee and meet any other requirements as
5		determined by rule. Applicants over age 35 who have not
6		competed in a professional or amateur contest within the
7		12 last 36 months preceding their application for
8		licensure or have insufficient experience to participate
9		in a professional or amateur contest may be required to
10		appear before the Department to determine their fitness to
11		participate in a professional or amateur contest. A
12		picture identification card shall be issued to all
13		professionals licensed by the Department who are residents
14		of Illinois or who are residents of any jurisdiction,
15		state, or country that does not regulate professional
16		boxing or full-contact martial arts. The identification
17		card shall be presented to the Department or its
18		representative upon request at weigh-ins.
19		(2) An applicant for licensure as a referee, judge,
20		manager, second, matchmaker, or timekeeper must: (1) be of
21		good moral character, (2) file an application stating the
22		applicant's name, date and place of birth, and place of
23		current residence along with a certifying statement that
24		he or she is not currently in violation of any federal,
25		State, or local laws or rules governing boxing, or
26		full-contact martial arts, (3) have had satisfactory

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1		experience in his or her field as defined by rule, (4) pay
2		the required fee, and (5) meet any other requirements as
3		determined by rule.
4		(3) An applicant for licensure as a promoter must: (1)
5		be of good moral character, (2) file an application with
6		the Department stating the applicant's name, date and
7		place of birth, place of current residence along with a
8		certifying statement that he or she is not currently in
9		violation of any federal, State, or local laws or rules
10		governing boxing or full-contact martial arts, (3) pay the
11		required fee and meet any other requirements as
12		established by rule, and (4) in addition to the foregoing,
13		an applicant for licensure as a promoter of professional
14		or amateur contests or a combination of both professional
15		and amateur bouts in one contest shall also provide (i)
16		proof of a surety bond of no less than $5,000 to cover
17		financial obligations under this Act, payable to the
18		Department and conditioned for the payment of the tax
19		imposed by this Act and compliance with this Act, and the
20		rules adopted under this Act, and (ii) a financial
21		statement, prepared by a certified public accountant,
22		showing liquid working capital of $10,000 or more, or a
23		$10,000 performance bond guaranteeing payment of all
24		obligations relating to the promotional activities payable
25		to the Department and conditioned for the payment of the
26		tax imposed by this Act and its rules.

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1		(4) All applicants shall submit an application to the
2		Department, in writing or electronically, on forms
3		prescribed provided by the Department, containing such
4		information as determined by rule.
5		In determining good moral character, the Department may
6		take into consideration any violation of any of the provisions
7		of Section 16 of this Act as to referees, judges, managers,
8		matchmakers, timekeepers, or promoters and any felony
9		conviction of the applicant, but such a conviction shall not
10		operate as a bar to licensure. No license issued under this Act
11		is transferable.
12		The Department may issue temporary licenses as provided by
13		rule.
14		(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11.)
15		(225 ILCS 105/12) (from Ch. 111, par. 5012)
16		(Section scheduled to be repealed on January 1, 2022)
17		Sec. 12. Professional or amateur contests.
18		(a) The professional or amateur contest, or a combination
19		of both, shall be held in an area where adequate neurosurgical
20		facilities are immediately available for skilled emergency
21		treatment of an injured professional or amateur.
22		(b) Each professional or amateur shall be examined before
23		the contest and promptly after each bout by a physician. The
24		physician shall determine, prior to the contest, if each
25		professional or amateur is physically fit to compete in the

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1		contest. After the bout the physician shall examine the
2		professional or amateur to determine possible injury. If the
3		professional's or amateur's physical condition so indicates,
4		the physician shall recommend to the Department immediate
5		medical suspension. The physician or a licensed paramedic must
6		check the vital signs of all contestants as established by
7		rule.
8		(c) The physician may, at any time during the professional
9		or amateur bout, stop the professional or amateur bout to
10		examine a professional or amateur contestant and may direct
11		the referee to terminate the bout when, in the physician's
12		opinion, continuing the bout could result in serious injury to
13		the professional or amateur. If the professional's or
14		amateur's physical condition so indicates, the physician shall
15		recommend to the Department immediate medical suspension. The
16		physician shall certify to the condition of the professional
17		or amateur in writing, over his or her signature on forms
18		prescribed provided by the Department. Such reports shall be
19		submitted to the Department in a timely manner.
20		(d) No professional or amateur contest, or a combination
21		of both, shall be allowed to begin or be held unless at least
22		one physician, at least one EMT and one paramedic, and one
23		ambulance have been contracted with solely for the care of
24		professionals or amateurs who are competing as defined by
25		rule.
26		(e) No professional boxing bout shall be more than 12

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1		rounds in length. The rounds shall not be more than 3 minutes
2		each with a minimum one-minute one minute interval between
3		them, and no professional boxer shall be allowed to
4		participate in more than one contest within a 7-day period.
5		The number and length of rounds for all other professional
6		or amateur boxing or full-contact martial arts contests, or a
7		combination of both, shall be determined by rule.
8		(f) The number and types of officials required for each
9		professional or amateur contest, or a combination of both,
10		shall be determined by rule.
11		(g) The Department or its representative shall have
12		discretion to declare a price, remuneration, or purse or any
13		part of it belonging to the professional withheld if in the
14		judgment of the Department or its representative the
15		professional is not honestly competing.
16		(h) The Department shall have the authority to prevent a
17		professional or amateur contest, or a combination of both,
18		from being held and shall have the authority to stop a
19		professional or amateur contest, or a combination of both, for
20		noncompliance with any part of this Act or rules or when, in
21		the judgment of the Department, or its representative,
22		continuation of the event would endanger the health, safety,
23		and welfare of the professionals or amateurs or spectators.
24		The Department's authority to stop a contest on the basis that
25		the professional or amateur contest, or a combination of both,
26		would endanger the health, safety, and welfare of the

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1		professionals or amateurs or spectators shall extend to any
2		professional or amateur contest, or a combination of both,
3		regardless of whether that amateur contest is exempted from
4		the prohibition in Section 6 of this Act. Department staff, or
5		its representative, may be present at any full-contact martial
6		arts contest with scheduled amateur bouts.
7		(i) A professional shall only compete against another
8		professional. An amateur shall only compete against another
9		amateur.
10		(Source: P.A. 97-119, eff. 7-14-11; 98-973, eff. 8-15-14.)
11		(225 ILCS 105/13) (from Ch. 111, par. 5013)
12		(Section scheduled to be repealed on January 1, 2022)
13		Sec. 13. Tickets; tax. Tickets to professional or amateur
14		contests, or a combination of both, shall be printed in such
15		form as the Department shall prescribe. A certified inventory
16		of all tickets printed for any professional or amateur
17		contest, or a combination of both, shall be mailed to the
18		Department by the promoter not less than 7 days before the
19		contest. The total number of tickets sold printed shall not
20		exceed the total seating capacity of the premises in which the
21		professional or amateur contest, or a combination of both, is
22		to be held. No tickets of admission to any professional or
23		amateur contest, or a combination of both, shall be sold
24		except those declared on an official ticket inventory as
25		described in this Section.

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1		A promoter who conducts a professional contest, an amateur
2		contest, or a combination of both a professional and amateur
3		contest under this Act shall, within 7 business days 24 hours
4		after such a contest:
5		(1) furnish to the Department a written or electronic
6		report verified by the promoter or his or her authorized
7		designee showing the number of tickets sold for such a
8		contest or the actual ticket stubs of tickets sold and the
9		amount of the gross proceeds thereof; and
10		(2) pay to the Department a tax of 5% of gross receipts
11		from the sale of admission tickets, not to exceed $75,000
12		$52,500, to be collected by the Department and placed in
13		the General Professions Dedicated Athletics Supervision
14		and Regulation Fund, a special fund created in the State
15		Treasury to be administered by the Department.
16		Moneys in the General Professions Dedicated Athletics
17		Supervision and Regulation Fund shall be used by the
18		Department, subject to appropriation, for expenses incurred in
19		administering this Act. Moneys in the Fund may be transferred
20		to the Professions Indirect Cost Fund, as authorized under
21		Section 2105-300 of the Department of Professional Regulation
22		Law.
23		In addition to the payment of any other taxes and money due
24		under this Section, every promoter of a professional or a
25		combination of a professional and amateur contest shall pay to
26		the Department 3% of the first $500,000 and 4% thereafter,

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1		which shall not exceed $50,000 $35,000 in total from the total
2		gross receipts from the sale, lease, or other exploitation of
3		broadcasting, including, but not limited to, Internet, cable,
4		television, and motion picture rights for that professional
5		contest, amateur contest, or professional and amateur
6		combination of both, contest or exhibition without any
7		deductions for commissions, brokerage fees, distribution fees,
8		advertising, professional contestants' purses, or any other
9		expenses or charges. These fees shall be paid to the
10		Department within 7 business days 72 hours after the
11		conclusion of the broadcast of the contest and placed in the
12		General Professions Dedicated Athletics Supervision and
13		Regulation Fund.
14		(Source: P.A. 97-119, eff. 7-14-11; 97-813, eff. 7-13-12.)
15		(225 ILCS 105/15) (from Ch. 111, par. 5015)
16		(Section scheduled to be repealed on January 1, 2022)
17		Sec. 15. Inspectors. The Secretary may appoint inspectors
18		to assist the Department staff in the administration of the
19		Act. Each inspector appointed by the Secretary shall receive
20		compensation for each day he or she is engaged in the
21		transacting of business of the Department. Each inspector
22		shall carry a card issued by the Department to authorize him or
23		her to act in such capacity. The inspector or inspectors shall
24		supervise each professional contest, amateur contest, or
25		combination of both and, at the Department's discretion, may

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1		supervise any contest to ensure that the provisions of the Act
2		are strictly enforced.
3		(Source: P.A. 97-119, eff. 7-14-11.)
4		(225 ILCS 105/16) (from Ch. 111, par. 5016)
5		(Section scheduled to be repealed on January 1, 2022)
6		Sec. 16. Discipline and sanctions.
7		(a) The Department may refuse to issue a permit or ,
8		license, or registration, refuse to renew, suspend, revoke,
9		reprimand, place on probation, or take such other disciplinary
10		or non-disciplinary action as the Department may deem proper,
11		including the imposition of fines not to exceed $10,000 for
12		each violation, with regard to any permit or , license, or
13		registration for one or any combination of the following
14		reasons:
15		(1) gambling, betting, or wagering on the result of or
16		a contingency connected with a professional or amateur
17		contest, or a combination of both, or permitting such
18		activity to take place;
19		(2) participating in or permitting a sham or fake
20		professional or amateur contest, or a combination of both;
21		(3) holding the professional or amateur contest, or a
22		combination of both, at any other time or place than is
23		stated on the permit application;
24		(4) permitting any professional or amateur other than
25		those stated on the permit application to participate in a

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1		professional or amateur contest, or a combination of both,
2		except as provided in Section 9;
3		(5) violation or aiding in the violation of any of the
4		provisions of this Act or any rules or regulations
5		promulgated thereto;
6		(6) violation of any federal, State or local laws of
7		the United States or other jurisdiction governing
8		professional or amateur contests or any regulation
9		promulgated pursuant thereto;
10		(7) charging a greater rate or rates of admission than
11		is specified on the permit application;
12		(8) failure to obtain all the necessary permits,
13		registrations, or licenses as required under this Act;
14		(9) failure to file the necessary bond or to pay the
15		gross receipts or broadcast tax as required by this Act;
16		(10) engaging in dishonorable, unethical or
17		unprofessional conduct of a character likely to deceive,
18		defraud or harm the public, or which is detrimental to
19		honestly conducted contests;
20		(11) employment of fraud, deception or any unlawful
21		means in applying for or securing a permit or license
22		under this Act;
23		(12) permitting a physician making the physical
24		examination to knowingly certify falsely to the physical
25		condition of a professional or amateur;
26		(13) permitting professionals or amateurs of widely

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1		disparate weights or abilities to engage in professional
2		or amateur contests, respectively;
3		(14) participating in a professional contest as a
4		professional while under medical suspension in this State
5		or in any other state, territory or country;
6		(15) physical illness, including, but not limited to,
7		deterioration through the aging process, or loss of motor
8		skills which results in the inability to participate in
9		contests with reasonable judgment, skill, or safety;
10		(16) allowing one's license or permit issued under
11		this Act to be used by another person;
12		(17) failing, within a reasonable time, to provide any
13		information requested by the Department as a result of a
14		formal or informal complaint;
15		(18) professional incompetence;
16		(19) failure to file a return, or to pay the tax,
17		penalty or interest shown in a filed return, or to pay any
18		final assessment of tax, penalty or interest, as required
19		by any tax Act administered by the Illinois Department of
20		Revenue, until such time as the requirements of any such
21		tax Act are satisfied;
22		(20) (blank);
23		(21) habitual or excessive use or addiction to
24		alcohol, narcotics, stimulants, or any other chemical
25		agent or drug that results in an inability to participate
26		in an event;

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1		(22) failure to stop a professional or amateur
2		contest, or a combination of both, when requested to do so
3		by the Department;
4		(23) failure of a promoter to adequately supervise and
5		enforce this Act and its rules as applicable to amateur
6		contests, as set forth in rule; or
7		(24) a finding by the Department that the licensee,
8		after having his or her license placed on probationary
9		status, has violated the terms of probation.
10		(b) The determination by a circuit court that a licensee
11		is subject to involuntary admission or judicial admission as
12		provided in the Mental Health and Developmental Disabilities
13		Code operates as an automatic suspension. The suspension will
14		end only upon a finding by a court that the licensee is no
15		longer subject to involuntary admission or judicial admission,
16		issuance of an order so finding and discharging the licensee.
17		(c) In enforcing this Section, the Department, upon a
18		showing of a possible violation, may compel any individual
19		licensed to practice under this Act, or who has applied for
20		licensure pursuant to this Act, to submit to a mental or
21		physical examination, or both, as required by and at the
22		expense of the Department. The examining physicians or
23		clinical psychologists shall be those specifically designated
24		by the Department. The Department may order the examining
25		physician or clinical psychologist to present testimony
26		concerning this mental or physical examination of the licensee

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1		or applicant. No information shall be excluded by reason of
2		any common law or statutory privilege relating to
3		communications between the licensee or applicant and the
4		examining physician or clinical psychologist. Eye examinations
5		may be provided by a physician licensed to practice medicine
6		in all of its branches or a licensed and certified therapeutic
7		optometrist. The individual to be examined may have, at his or
8		her own expense, another physician of his or her choice
9		present during all aspects of the examination. Failure of any
10		individual to submit to a mental or physical examination, when
11		directed, shall be grounds for suspension or revocation of a
12		license.
13		(d) A contestant who tests positive for a banned
14		substance, as defined by rule, shall have his or her license
15		immediately suspended. The license shall be subject to other
16		discipline as authorized in this Section.
17		(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11.)
18		(225 ILCS 105/17) (from Ch. 111, par. 5017)
19		(Section scheduled to be repealed on January 1, 2022)
20		Sec. 17. Administrative Procedure Act. The Illinois
21		Administrative Procedure Act is hereby expressly adopted and
22		incorporated herein as if all of the provisions of that Act
23		were included in this Act. The Department shall not be
24		required to annually verify email addresses as specified in
25		paragraph (2) subsection (a) of Section 10-75 of the Illinois

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1		Administrative Procedure Act. For the purposes of this Act the
2		notice required under Section 10-25 of the Illinois
3		Administrative Procedure Act is deemed sufficient when mailed
4		to the last known address of record or emailed to the email
5		address of record a party.
6		(Source: P.A. 88-45.)
7		(225 ILCS 105/17.7)
8		(Section scheduled to be repealed on January 1, 2022)
9		Sec. 17.7. Restoration of license from discipline.
10		(a) At any time after the successful completion of a term
11		of indefinite probation, suspension, or revocation of a
12		license under this Act, the Department may restore the license
13		to the licensee unless, after an investigation and a hearing,
14		the Secretary determines that restoration is not in the public
15		interest.
16		(b) If circumstances of suspension or revocation so
17		indicate, the Department may require an examination of the
18		licensee prior to restoring his or her license.
19		(c) No person whose license has been revoked as authorized
20		in this Act may apply for restoration of that license until
21		allowed under the Civil Administrative Code of Illinois.
22		(d) A license that has been suspended or revoked shall be
23		considered nonrenewed for purposes of restoration under this
24		Section and a licensee restoring his or her license from
25		suspension or revocation must comply with the requirements for

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1		renewal as set forth in this Act and its rules.
2		At any time after the successful completion of a term of
3		indefinite probation, suspension, or revocation of a license,
4		the Department may restore the license to the licensee, unless
5		after an investigation and hearing the Secretary determines
6		that restoration is not in the public interest. No person or
7		entity whose license, certificate, or authority has been
8		revoked as authorized in this Act may apply for restoration of
9		that license, certification, or authority until such time as
10		provided for in the Civil Administrative Code of Illinois.
11		(Source: P.A. 97-119, eff. 7-14-11.)
12		(225 ILCS 105/17.8)
13		(Section scheduled to be repealed on January 1, 2022)
14		Sec. 17.8. Surrender of license. Upon the revocation or
15		suspension of a license or registration, the licensee shall
16		immediately surrender his or her license to the Department. If
17		the licensee fails to do so, the Department has the right to
18		seize the license.
19		(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
20		(225 ILCS 105/17.9)
21		(Section scheduled to be repealed on January 1, 2022)
22		Sec. 17.9. Summary suspension of a license or
23		registration. The Secretary may summarily suspend a license or
24		registration without a hearing if the Secretary finds that

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1		evidence in the Secretary's possession indicates that the
2		continuation of practice would constitute an imminent danger
3		to the public, participants, including any professional
4		contest officials, or the individual involved or cause harm to
5		the profession. If the Secretary summarily suspends the
6		license without a hearing, a hearing must be commenced within
7		30 days after the suspension has occurred and concluded as
8		expeditiously as practical.
9		(Source: P.A. 97-119, eff. 7-14-11.)
10		(225 ILCS 105/18) (from Ch. 111, par. 5018)
11		(Section scheduled to be repealed on January 1, 2022)
12		Sec. 18. Investigations; notice and hearing.
13		(a) The Department may investigate the actions of any
14		applicant or of any person or entity holding or claiming to
15		hold a license under this Act.
16		(b) The Department shall, before disciplining an applicant
17		or licensee, at least 30 days prior to the date set for the
18		hearing: (i) notify, in writing, the accused of the charges
19		made and the time and place for the hearing on the charges;
20		(ii) direct him or her to file a written answer to the charges,
21		under oath, within 20 days after service of the notice; and
22		(iii) inform the applicant or licensee that failure to file an
23		answer will result in a default being entered against the
24		applicant or licensee.
25		(c) Written or electronic notice, and any notice in the

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1		subsequent proceedings, may be served by personal delivery, by
2		email, or by mail to the applicant or licensee at his or her
3		address of record or email address of record.
4		(d) At the time and place fixed in the notice, the hearing
5		officer appointed by the Secretary shall proceed to hear the
6		charges, and the parties or their counsel shall be accorded
7		ample opportunity to present any statement, testimony,
8		evidence, and argument as may be pertinent to the charges or to
9		their defense. The hearing officer may continue the hearing
10		from time to time.
11		(e) If the licensee or applicant, after receiving the
12		notice, fails to file an answer, his or her license may, in the
13		discretion of the Secretary, be suspended, revoked, or placed
14		on probationary status or be subject to whatever disciplinary
15		action the Secretary considers proper, including limiting the
16		scope, nature, or extent of the person's practice or
17		imposition of a fine, without hearing, if the act or acts
18		charged constitute sufficient grounds for the action under
19		this Act.
20		The Department may investigate the actions of any applicant or
21		of any person or persons promoting or participating in a
22		professional or amateur contest or any person holding or
23		claiming to hold a license. The Department shall, before
24		revoking, suspending, placing on probation, reprimanding, or
25		taking any other disciplinary action under this Act, at least
26		30 days before the date set for the hearing, (i) notify the

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1		accused in writing of the charges made and the time and place
2		for the hearing on the charges, (ii) direct him or her to file
3		a written answer to the charges with the Department under oath
4		within 20 days after the service on him or her of the notice,
5		and (iii) inform the accused that, if he or she fails to
6		answer, default will be taken against him or her or that his or
7		her license may be suspended, revoked, or placed on
8		probationary status or that other disciplinary action may be
9		taken with regard to the license, including limiting the
10		scope, nature, or extent of his or her practice, as the
11		Department may consider proper. At the time and place fixed in
12		the notice, the hearing officer shall proceed to hear the
13		charges, and the parties or their counsel shall be accorded
14		ample opportunity to present any pertinent statements,
15		testimony, evidence, and arguments. The hearing officer may
16		continue the hearing from time to time. In case the person,
17		after receiving the notice, fails to file an answer, his or her
18		license may, in the discretion of the Department, be
19		suspended, revoked, or placed on probationary status or the
20		Department may take whatever disciplinary action considered
21		proper, including limiting the scope, nature, or extent of the
22		person's practice or the imposition of a fine, without a
23		hearing, if the act or acts charged constitute sufficient
24		grounds for that action under this Act. The written notice may
25		be served by personal delivery or by certified mail to the
26		person's address of record.

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1		(Source: P.A. 97-119, eff. 7-14-11.)
2		(225 ILCS 105/19) (from Ch. 111, par. 5019)
3		(Section scheduled to be repealed on January 1, 2022)
4		Sec. 19. Hearing; Motion for rehearing Findings and
5		recommendations.
6		(a) The hearing officer appointed by the Secretary shall
7		hear evidence in support of the formal charges and evidence
8		produced by the applicant or licensee. At the conclusion of
9		the hearing, the hearing officer shall present to the
10		Secretary a written report of his or her findings of fact,
11		conclusions of law, and recommendations.
12		(b) A copy of the hearing officer's report shall be served
13		upon the applicant or licensee, either personally or as
14		provided in this Act for the service of the notice of hearing.
15		Within 20 calendar days after such service, the applicant or
16		licensee may present to the Department a motion, in writing,
17		for a rehearing that shall specify the particular grounds for
18		rehearing. The Department may respond to the motion for
19		rehearing within 20 calendar days after its service on the
20		Department. If no motion for rehearing is filed, then upon the
21		expiration of the time specified for filing such a motion, or
22		upon denial of a motion for rehearing, the Secretary may enter
23		an order in accordance with the recommendations of the hearing
24		officer. If the applicant or licensee orders from the
25		reporting service and pays for a transcript of the record

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1		within the time for filing a motion for rehearing, the 20
2		calendar day period within which a motion may be filed shall
3		commence upon delivery of the transcript to the applicant or
4		licensee.
5		(c) If the Secretary disagrees in any regard with the
6		report of the hearing officer, the Secretary may issue an
7		order contrary to the report.
8		(d) Whenever the Secretary is not satisfied that
9		substantial justice has been done, the Secretary may order a
10		hearing by the same or another hearing officer.
11		(e) At any point in any investigation or disciplinary
12		proceeding provided for in this Act, both parties may agree to
13		a negotiated consent order. The consent order shall be final
14		upon signature of the Secretary.
15		At the conclusion of the hearing, the hearing officer shall
16		present to the Secretary a written report of its findings,
17		conclusions of law, and recommendations. The report shall
18		contain a finding of whether the accused person violated this
19		Act or its rules or failed to comply with the conditions
20		required in this Act or its rules. The hearing officer shall
21		specify the nature of any violations or failure to comply and
22		shall make its recommendations to the Secretary. In making
23		recommendations for any disciplinary actions, the hearing
24		officer may take into consideration all facts and
25		circumstances bearing upon the reasonableness of the conduct
26		of the accused and the potential for future harm to the public

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1		including, but not limited to, previous discipline of the
2		accused by the Department, intent, degree of harm to the
3		public and likelihood of harm in the future, any restitution
4		made by the accused, and whether the incident or incidents
5		contained in the complaint appear to be isolated or represent
6		a continuing pattern of conduct. In making its recommendations
7		for discipline, the hearing officer shall endeavor to ensure
8		that the severity of the discipline recommended is reasonably
9		related to the severity of the violation.
10		The report of findings of fact, conclusions of law, and
11		recommendation of the hearing officer shall be the basis for
12		the Department's order refusing to issue, restore, or renew a
13		license, or otherwise disciplining a licensee. If the
14		Secretary disagrees with the recommendations of the hearing
15		officer, the Secretary may issue an order in contravention of
16		the hearing officer's recommendations. The finding is not
17		admissible in evidence against the person in a criminal
18		prosecution brought for a violation of this Act, but the
19		hearing and finding are not a bar to a criminal prosecution
20		brought for a violation of this Act.
21		(Source: P.A. 97-119, eff. 7-14-11.)
22		(225 ILCS 105/19.1) (from Ch. 111, par. 5019.1)
23		(Section scheduled to be repealed on January 1, 2022)
24		Sec. 19.1. Hearing officer Appointment of a hearing
25		officer. Notwithstanding any provision of this Act, the

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1		Secretary has the authority to appoint an attorney duly
2		licensed to practice law in the State of Illinois to serve as
3		the hearing officer in any action for refusal to issue or renew
4		a license or discipline a license. The hearing officer shall
5		have full authority to conduct the hearing. The hearing
6		officer shall report his or her findings of fact, conclusions
7		of law, and recommendations to the Secretary The Secretary has
8		the authority to appoint any attorney duly licensed to
9		practice law in the State of Illinois to serve as the hearing
10		officer in any action for refusal to issue, restore, or renew a
11		license or discipline of a licensee. The hearing officer has
12		full authority to conduct the hearing. The hearing officer
13		shall report his or her findings of fact, conclusions of law,
14		and recommendations to the Secretary. If the Secretary
15		determines that the hearing officer's report is contrary to
16		the manifest weight of the evidence, he may issue an order in
17		contravention of the recommendation.
18		(Source: P.A. 97-119, eff. 7-14-11.)
19		(225 ILCS 105/19.5)
20		(Section scheduled to be repealed on January 1, 2022)
21		Sec. 19.5. Order or certified copy; prima facie proof. An
22		order or certified copy thereof, over the seal of the
23		Department and purporting to be signed by the Secretary, is
24		prima facie proof that:
25		(1) the signature is the genuine signature of the

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1		Secretary; and
2		(2) the Secretary is duly appointed and qualified;
3		and .
4		(3) the hearing officer is qualified to act.
5		(Source: P.A. 97-119, eff. 7-14-11.)
6		(225 ILCS 105/20) (from Ch. 111, par. 5020)
7		(Section scheduled to be repealed on January 1, 2022)
8		Sec. 20. Record of proceeding Stenographer; transcript.
9		(a) The Department, at its expense, shall provide a
10		certified shorthand reporter to take down the testimony and
11		preserve a record of all proceedings at the hearing of any case
12		in which a licensee may be revoked, suspended, placed on
13		probationary status, reprimanded, fined, or subjected to other
14		disciplinary action with reference to the license when a
15		disciplinary action is authorized under this Act and rules.
16		The notice of hearing, complaint, and all other documents in
17		the nature of pleadings and written portions filed in the
18		proceedings, the transcript of the testimony, the report of
19		the hearing officer, and the orders of the Department shall be
20		the record of the proceedings. The record may be made
21		available to any person interested in the hearing upon payment
22		of the fee required by Section 2105-115 of the Department of
23		Professional Regulation Law of the Civil Administrative Code
24		of Illinois.
25		(b) The Department may contract for court reporting

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1		services, and, if it does so, the Department shall provide the
2		name and contact information for the certified shorthand
3		reporter who transcribed the testimony at a hearing to any
4		person interested, who may obtain a copy of the transcript of
5		any proceedings at a hearing upon payment of the fee specified
6		by the certified shorthand reporter.
7		The Department, at its expense, shall provide a stenographer
8		to take down the testimony and preserve a record of all
9		proceedings at the hearing of any case wherein a license or
10		permit is subjected to disciplinary action. The notice of
11		hearing, complaint and all other documents in the nature of
12		pleadings and written motions filed in the proceedings, the
13		transcript of testimony, the report of the hearing officer and
14		the orders of the Department shall be the record of the
15		proceedings. The Department shall furnish a transcript of the
16		record to any person interested in the hearing upon payment of
17		the fee required under Section 2105-115 of the Department of
18		Professional Regulation Law (20 ILCS 2105/2105-115).
19		(Source: P.A. 97-119, eff. 7-14-11.)
20		(225 ILCS 105/21) (from Ch. 111, par. 5021)
21		(Section scheduled to be repealed on January 1, 2022)
22		Sec. 21. Injunctive action; cease and desist order.
23		(a) If a person violates the provisions of this Act, the
24		Secretary Director, in the name of the People of the State of
25		Illinois, through the Attorney General or the State's Attorney

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1		of the county in which the violation is alleged to have
2		occurred, may petition for an order enjoining the violation or
3		for an order enforcing compliance with this Act. Upon the
4		filing of a verified petition, the court with appropriate
5		jurisdiction may issue a temporary restraining order, without
6		notice or bond, and may preliminarily and permanently enjoin
7		the violation. If it is established that the person has
8		violated or is violating the injunction, the court may punish
9		the offender for contempt of court. Proceedings under this
10		Section are in addition to, and not in lieu of, all other
11		remedies and penalties provided by this Act.
12		(b) Whenever, in the opinion of the Department, a person
13		violates any provision of this Act, the Department may issue a
14		rule to show cause why an order to cease and desist should not
15		be entered against that person. The rule shall clearly set
16		forth the grounds relied upon by the Department and shall
17		allow at least 7 days from the date of the rule to file an
18		answer satisfactory to the Department. Failure to answer to
19		the satisfaction of the Department shall cause an order to
20		cease and desist to be issued.
21		(Source: P.A. 91-408, eff. 1-1-00.)
22		(225 ILCS 105/22) (from Ch. 111, par. 5022)
23		(Section scheduled to be repealed on January 1, 2022)
24		Sec. 22. The expiration date and renewal period for each
25		license issued under this Act shall be set by rule. The holder

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1		of a license may renew such license during the month preceding
2		the expiration date thereof by paying the required fee and
3		meeting additional requirements as determined by rule.
4		(Source: P.A. 82-522.)
5		(225 ILCS 105/23) (from Ch. 111, par. 5023)
6		(Section scheduled to be repealed on January 1, 2022)
7		Sec. 23. Fees.
8		(a) The fees for the administration and enforcement of
9		this Act including, but not limited to, original licensure,
10		renewal, and restoration shall be set by rule. The fees shall
11		not be refundable. All Beginning July 1, 2003, all of the fees,
12		taxes, and fines collected under this Act shall be deposited
13		into the General Professions Dedicated Fund.
14		(b) Before January 1, 2023, there shall be no fees for
15		amateur full-contact martial arts events; except that until
16		January 1, 2023, the applicant fees for promoters of amateur
17		events where only amateur bouts are held shall be $300.
18		(Source: P.A. 92-16, eff. 6-28-01; 92-499, eff. 1-1-02; 93-32,
19		eff. 7-1-03.)
20		(225 ILCS 105/23.1) (from Ch. 111, par. 5023.1)
21		(Section scheduled to be repealed on January 1, 2022)
22		Sec. 23.1. Returned checks; fines. Any person who delivers
23		a check or other payment to the Department that is returned to
24		the Department unpaid by the financial institution upon which

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1		it is drawn shall pay to the Department, in addition to the
2		amount already owed to the Department, a fine of $50. The fines
3		imposed by this Section are in addition to any other
4		discipline provided under this Act for unlicensed practice or
5		practice on a nonrenewed license. The Department shall notify
6		the person that payment of fees and fines shall be paid to the
7		Department by certified check or money order within 30
8		calendar days of the notification. If, after the expiration of
9		30 days from the date of the notification, the person has
10		failed to submit the necessary remittance, the Department
11		shall automatically terminate the license or deny the
12		application, without hearing. If, after termination or denial,
13		the person seeks a license, he or she shall apply to the
14		Department for restoration or issuance of the license and pay
15		all fees and fines due to the Department. The Department may
16		establish a fee for the processing of an application for
17		restoration of a license to pay all expenses of processing
18		this application. The Secretary Director may waive the fines
19		due under this Section in individual cases where the Secretary
20		Director finds that the fines would be unreasonable or
21		unnecessarily burdensome.
22		(Source: P.A. 92-146, eff. 1-1-02; 92-499, eff. 1-1-02.)
23		(225 ILCS 105/24) (from Ch. 111, par. 5024)
24		(Section scheduled to be repealed on January 1, 2022)
25		Sec. 24. Unlicensed practice; violations; civil penalty.

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1		(a) Any person who practices, offers to practice, attempts
2		to practice, or holds himself or herself out as being able to
3		engage in practices requiring a license under this Act without
4		being licensed or exempt under this Act shall, in addition to
5		any other penalty provided by law, pay a civil penalty to the
6		Department in an amount not to exceed $10,000 for each
7		offense, as determined by the Department. The civil penalty
8		shall be assessed by the Department after a hearing is held in
9		accordance with the provision set forth in this Act regarding
10		the provision of a hearing for the discipline of a licensee.
11		(b) The Department may investigate any actual, alleged, or
12		suspected unlicensed activity.
13		(c) The civil penalty shall be paid within 60 days after
14		the effective date of the order imposing the civil penalty.
15		The order shall constitute a judgment and may be filed and
16		executed thereon in the same manner as any judgment from any
17		court of record.
18		(d) A person or entity not licensed under this Act who has
19		violated any provision of this Act or its rules is guilty of a
20		Class A misdemeanor for the first offense and a Class 4 felony
21		for a second and subsequent offenses.
22		A person who violates a provision of this Act is guilty of a
23		Class A Misdemeanor. On conviction of a second or subsequent
24		offense the violator shall be guilty of a Class 4 felony.
25		(Source: P.A. 86-615.)

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1		(225 ILCS 105/24.5)
2		(Section scheduled to be repealed on January 1, 2022)
3		Sec. 24.5. Confidentiality. All information collected by
4		the Department in the course of an examination or
5		investigation of a licensee, registrant, or applicant,
6		including, but not limited to, any complaint against a
7		licensee or registrant filed with the Department and
8		information collected to investigate any such complaint, shall
9		be maintained for the confidential use of the Department and
10		shall not be disclosed. The Department may not disclose such
11		information to anyone other than law enforcement officials,
12		other regulatory agencies that have an appropriate regulatory
13		interest as determined by the Secretary, or a party presenting
14		a lawful subpoena to the Department. Information and documents
15		disclosed to a federal, State, county, or local law
16		enforcement agency shall not be disclosed by the agency for
17		any purpose to any other agency or person. A formal complaint
18		filed against a licensee or registrant by the Department or
19		any order issued by the Department against a licensee,
20		registrant, or applicant shall be a public record, except as
21		otherwise prohibited by law.
22		(Source: P.A. 97-119, eff. 7-14-11.)
23		(225 ILCS 105/25.1)
24		(Section scheduled to be repealed on January 1, 2022)
25		Sec. 25.1. Medical Suspension.

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1		(a) A licensee or registrant who is determined by the
2		examining physician or Department to be unfit to compete or
3		officiate shall be prohibited from participating in a contest
4		in Illinois and, if actively licensed, shall be medically
5		suspended immediately suspended until it is shown that he or
6		she is fit for further competition or officiating. If the
7		licensee or registrant disagrees with a medical suspension set
8		at the discretion of the ringside physician, he or she may
9		request a hearing to show proof of fitness. The hearing shall
10		be provided at the earliest opportunity after the Department
11		receives a written request from the licensee.
12		(b) If the referee has stopped the bout or rendered a
13		decision of technical knockout against a professional or
14		amateur or if the professional or amateur is knocked out other
15		than by a blow to the head, the professional or amateur shall
16		be medically immediately suspended immediately for a period of
17		not less than 30 days.
18		(c) In a full-contact martial arts contest, if the
19		professional or amateur has tapped out, or has submitted, or
20		the referee has stopped the bout, shall stop the professional
21		or amateur contest and the ringside physician shall determine
22		the length of suspension.
23		(d) If the professional or amateur has been knocked
24		unconscious out by a blow to the head, he or she shall be
25		medically suspended immediately for a period of not less than
26		45 days.

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1		(e) A licensee may receive a medical suspension for any
2		injury sustained as a result of a bout that shall not be less
3		than 7 days.
4		(f) A licensee may receive additional terms and conditions
5		for a medical suspension beyond a prescribed passage of time
6		as authorized under this Section.
7		(g) If a licensee receives a medical suspension that
8		includes terms and conditions in addition to the prescribed
9		passage of time as authorized under this Section, before the
10		removal of the medical suspension, a licensee shall:
11		(1) satisfactorily pass a medical examination;
12		(2) provide those examination results to the
13		Department;
14		(3) provide any additional requested documentation as
15		directed by the licensee's examining physician or
16		Department where applicable; and
17		(4) if the licensee's examining physician requires any
18		necessary additional medical procedures during the
19		examination related to the injury that resulted in the
20		medical suspension, those results shall be provided to the
21		Department.
22		(h) Any medical suspension imposed as authorized under
23		this Act against a licensee shall be reported to the
24		Department's record keeper as determined by rule.
25		(i) A medical suspension as authorized under this Section
26		shall not be considered a suspension under Section 16 of this

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1		Act. A violation of the terms of a medical suspension
2		authorized under this Section shall subject a licensee to
3		discipline under Section 16 of this Act.
4		(j) A professional or amateur contestant who has been
5		placed on medical suspension under the laws of another state,
6		the District of Columbia, or a territory of the United States
7		for substantially similar reasons as this Section shall be
8		prohibited from participating in a contest as authorized under
9		this Act until the requirements of subsection (g) of this
10		Section have been met or the medical suspension has been
11		removed by that jurisdiction.
12		(k) A medical suspension authorized under this Section
13		shall begin the day after the bout a licensee participated in.
14		Prior to reinstatement, any professional or amateur
15		suspended for his or her medical protection shall
16		satisfactorily pass a medical examination upon the direction
17		of the Department. The examining physician may require any
18		necessary medical procedures during the examination.
19		(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11.)
20		(225 ILCS 105/0.10 rep.)
21		(225 ILCS 105/10.1 rep.)
22		(225 ILCS 105/10.5 rep.)
23		(225 ILCS 105/11.5 rep.)
24		(225 ILCS 105/17.11 rep.)
25		(225 ILCS 105/17.12 rep.)

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1		(225 ILCS 105/19.4 rep.)
2		Section 30. The Boxing and Full-contact Martial Arts Act
3		is amended by repealing Sections 0.10, 10.1, 10.5, 11.5,
4		17.11, 17.12, and 19.4.
5		Section 35. The Registered Interior Designers Act is
6		amended by changing Section 3, 4, 4.5, 6, 7, 11, 14, 20, 23,
7		29, 30 and by adding Section 3.1 as follows:
8		(225 ILCS 310/3) (from Ch. 111, par. 8203)
9		(Section scheduled to be repealed on January 1, 2022)
10		Sec. 3. Definitions. As used in this Act:
11		"Address of record" means the designated address recorded
12		by the Department in the applicant's application file or the
13		registrant's registration file as maintained by the
14		Department's licensure maintenance unit.
15		"Board" means the Board of Registered Interior Design
16		Professionals established under Section 6 of this Act.
17		"Department" means the Department of Financial and
18		Professional Regulation.
19		"Email address of record" means the designated email
20		address recorded by the Department in the applicant's
21		application file or the registrant's registration file as
22		maintained by the Department's licensure maintenance unit.
23		"The profession of interior design", within the meaning
24		and intent of this Act, refers to persons qualified by

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1		education, experience, and examination, who administer
2		contracts for fabrication, procurement, or installation in the
3		implementation of designs, drawings, and specifications for
4		any interior design project and offer or furnish professional
5		services, such as consultations, studies, drawings, and
6		specifications in connection with the location of lighting
7		fixtures, lamps and specifications of ceiling finishes as
8		shown in reflected ceiling plans, space planning, furnishings,
9		or the fabrication of non-loadbearing structural elements
10		within and surrounding interior spaces of buildings but
11		specifically excluding mechanical and electrical systems,
12		except for specifications of fixtures and their location
13		within interior spaces.
14		"Public member" means a person who is not an interior
15		designer, educator in the field, architect, structural
16		engineer, or professional engineer. For purposes of board
17		membership, any person with a significant financial interest
18		in the design or construction service or profession is not a
19		public member.
20		"Registered interior designer" means a person who has
21		received registration under Section 8 of this Act. A person
22		represents himself or herself to be a "registered interior
23		designer" within the meaning of this Act if he or she holds
24		himself or herself out to the public by any title
25		incorporating the words "registered interior designer" or any
26		title that includes the words "registered interior design".

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1		"Secretary" means the Secretary of Financial and
2		Professional Regulation.
3		(Source: P.A. 100-920, eff. 8-17-18.)
4		(225 ILCS 310/3.1 new)
5		Sec. 3.1. Address of record; email address of record. All
6		applicants and registrants shall:
7		(1) provide a valid address and email address to the
8		Department, which shall serve as the address of record and
9		email address of record, respectively, at the time of
10		application for registration or renewal of a registration;
11		and
12		(2) inform the Department of any change of address of
13		record or email address of record within 14 days after
14		such change either through the Department's website or by
15		contacting the Department's licensure maintenance unit.
16		(225 ILCS 310/4) (from Ch. 111, par. 8204)
17		(Section scheduled to be repealed on January 1, 2022)
18		Sec. 4. Title; application of Act.
19		(a) No individual shall, without a valid registration as
20		an interior designer issued by the Department, in any manner
21		hold himself or herself out to the public as a registered
22		interior designer or attach the title "registered interior
23		designer" or any other name or designation which would in any
24		way imply that he or she is able to use the title "registered

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1		interior designer" as defined in this Act.
2		(a-5) Nothing in this Act shall be construed as preventing
3		or restricting the services offered or advertised by an
4		interior designer who is registered under this Act.
5		(b) Nothing in this Act shall prevent the employment, by a
6		registered interior designer association, partnership, or a
7		corporation furnishing interior design services for
8		remuneration, of persons not registered as interior designers
9		to perform services in various capacities as needed, provided
10		that the persons do not represent themselves as, or use the
11		title of, "registered interior designer".
12		(c) Nothing in this Act shall be construed to limit the
13		activities and use of the title "interior designer" on the
14		part of a person not registered under this Act who is a
15		graduate of an interior design program and a full-time
16		employee of a duly chartered institution of higher education
17		insofar as such person engages in public speaking, with or
18		without remuneration, provided that such person does not
19		represent himself or herself to be a registered interior
20		designer or use the title "registered interior designer".
21		(d) Nothing contained in this Act shall restrict any
22		person not registered under this Act from carrying out any of
23		the activities listed in the definition of "the profession of
24		interior design" in Section 3 if such person does not
25		represent himself or herself or his or her services in any
26		manner prohibited by this Act.

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1		(e) Nothing in this Act shall be construed as preventing
2		or restricting the practice, services, or activities of any
3		person licensed in this State under any other law from
4		engaging in the profession or occupation for which he or she is
5		licensed.
6		(f) Nothing in this Act shall be construed as preventing
7		or restricting the practice, services, or activities of
8		engineers licensed under the Professional Engineering Practice
9		Act of 1989 or the Structural Engineering Practice Act of
10		1989; architects licensed pursuant to the Illinois
11		Architectural Practice Act of 1989; any interior decorator or
12		individual offering interior decorating services including,
13		but not limited to, the selection of surface materials, window
14		treatments, wall coverings, furniture, accessories, paint,
15		floor coverings, and lighting fixtures; or builders, home
16		furnishings salespersons, and similar purveyors of goods and
17		services relating to homemaking.
18		(g) Nothing in this Act or any other Act shall prevent a
19		licensed architect from practicing interior design services.
20		Nothing in this Act shall be construed as requiring the
21		services of a registered interior designer for the interior
22		designing of a single family residence.
23		(h) Nothing in this Act shall authorize registered
24		interior designers to perform services, including life safety
25		services that they are prohibited from performing, or any
26		practice (i) that is restricted in the Illinois Architecture

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1		Practice Act of 1989, the Professional Engineering Practice
2		Act of 1989, or the Structural Engineering Practice Act of
3		1989, or (ii) that they are not authorized to perform under the
4		Environmental Barriers Act.
5		(i) Nothing in this Act shall authorize registered
6		interior designers to advertise services that they are
7		prohibited to perform, including architecture or engineering
8		services, nor to use the title "architect" in any form.
9		(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
10		(225 ILCS 310/4.5)
11		(Section scheduled to be repealed on January 1, 2022)
12		Sec. 4.5. Unregistered practice; violation; civil penalty.
13		(a) Any person who holds himself or herself out to be a
14		registered interior designer without being registered under
15		this Act shall, in addition to any other penalty provided by
16		law, pay a civil penalty to the Department in an amount not to
17		exceed $5,000 for each offense as determined by the
18		Department. The civil penalty shall be assessed by the
19		Department after a hearing is held in accordance with the
20		provisions set forth in this Act regarding the provision of a
21		hearing for the discipline of a registrant licensee.
22		(b) The Department has the authority and power to
23		investigate any illegal use of the title of registered
24		interior designer.
25		(c) The civil penalty shall be paid within 60 days after

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1		the effective date of the order imposing the civil penalty.
2		The order shall constitute a judgment and may be filed and
3		execution had thereon in the same manner as any judgment from
4		any court of record.
5		(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
6		(225 ILCS 310/6) (from Ch. 111, par. 8206)
7		(Section scheduled to be repealed on January 1, 2022)
8		Sec. 6. Board of Registered Interior Design Professionals.
9		The Secretary shall appoint a Board of Registered Interior
10		Design Professionals consisting of 5 members who shall serve
11		in an advisory capacity to the Secretary. All members of the
12		Board shall be residents of Illinois. Four members shall (i)
13		hold a valid registration as an interior designer in Illinois
14		and have held the registration under this Act for the
15		preceding 10 years; and (ii) not have been disciplined within
16		the preceding 10 years under this Act. In addition to the 4
17		registered interior designer members, there shall be one
18		public member. The public member shall be a voting member and
19		shall not be licensed or registered under this Act or any other
20		design profession licensing Act that the Department
21		administers.
22		Board members shall serve 5-year terms and until their
23		successors are appointed and qualified. In appointing members
24		to the Board, the Secretary shall give due consideration to
25		recommendations by members and organizations of the interior

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1		design profession.
2		The membership of the Board should reasonably reflect
3		representation from the geographic areas in this State.
4		No member shall be reappointed to the Board for a term that
5		would cause his or her continuous service on the Board to be
6		longer than 2 consecutive 5-year terms.
7		Appointments to fill vacancies shall be made in the same
8		manner as original appointments for the unexpired portion of
9		the vacated term.
10		Three members of the Board shall constitute a quorum. A
11		quorum is required for Board decisions.
12		The Secretary may remove any member of the Board for
13		misconduct, incompetence, or neglect of duty or for reasons
14		prescribed by law for removal of State officials.
15		The Secretary may remove a member of the Board who does not
16		attend 2 consecutive meetings.
17		Notice of proposed rulemaking may be transmitted to the
18		Board and the Department may review the response of the Board
19		and any recommendations made therein. The Department may, at
20		any time, seek the expert advice and knowledge of the Board on
21		any matter relating to the administration or enforcement of
22		this Act.
23		Members of the Board are not liable for damages in any
24		action or proceeding as a result of activities performed as
25		members of the Board, except upon proof of actual malice.
26		Members of the Board shall be reimbursed for all

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1		legitimate, necessary, and authorized expenses.
2		There is created a Board of Registered Interior Design
3		Professionals to be composed of persons designated from time
4		to time by the Director, as follows:
5		(a) For the first year, 5 persons, 4 of whom have been
6		interior designers for a period of 5 years or more who
7		would qualify upon application to the Department under
8		this Act to be registered interior designers, and one
9		public member. After the initial appointments, each
10		interior design member shall hold a valid registration as
11		a registered interior designer. The Board shall annually
12		elect a chairman.
13		(b) Terms for all members shall be 3 years. For
14		initial appointments, one member shall be appointed to
15		serve for one year, 2 shall be appointed to serve for 2
16		years, and the remaining shall be appointed to serve for 3
17		years and until their successors are appointed and
18		qualified. Initial terms shall begin on the effective date
19		of this Act. Partial terms over 2 years in length shall be
20		considered as full terms. A member may be reappointed for
21		a successive term, but no member shall serve more than 2
22		full terms.
23		(c) The membership of the Board should reasonably
24		reflect representation from the various geographic areas
25		of the State.
26		(d) In making appointments to the Board, the Director

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1		shall give due consideration to recommendations by
2		national and state organizations of the interior design
3		profession and shall promptly give due notice to such
4		organizations of any vacancy in the membership of the
5		Board. The Director may terminate the appointment of any
6		member for any cause, which in the opinion of the
7		Director, reasonably justifies such termination.
8		(e) Three members shall constitute a quorum. A quorum
9		is required for all Board decisions.
10		(f) The members of the Board shall each receive as
11		compensation a reasonable sum as determined by the
12		Director for each day actually engaged in the duties of
13		the office, and all legitimate and necessary expenses
14		incurred in attending the meeting of the Board.
15		(g) Members of the Board shall be immune from suit in
16		any action based upon any disciplinary proceedings or
17		other activities performed in good faith as members of the
18		Board.
19		(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
20		(225 ILCS 310/7) (from Ch. 111, par. 8207)
21		(Section scheduled to be repealed on January 1, 2022)
22		Sec. 7. Board recommendations. The Secretary Director
23		shall consider the recommendations of the Board in
24		establishing guidelines for professional conduct, for the
25		conduct of formal disciplinary proceedings brought under this

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1		Act, and for establishing guidelines for qualifications of
2		applicants. Notice of proposed rulemaking may shall be
3		transmitted to the Board and the Department shall review the
4		response of the Board and any recommendations made in their
5		response. The Department, at any time, may seek the expert
6		advice and knowledge of the Board on any matter relating to the
7		administration or enforcement of this Act.
8		(Source: P.A. 86-1404.)
9		(225 ILCS 310/11) (from Ch. 111, par. 8211)
10		(Section scheduled to be repealed on January 1, 2022)
11		Sec. 11. Fees. The Department shall provide by rule for a
12		schedule of fees for the administration and enforcement of
13		this Act, including but not limited to original registration
14		licensure, renewal, and restoration. The fees shall be
15		nonrefundable.
16		All fees collected under this Act shall be deposited into
17		the General Professions Dedicated Fund and shall be
18		appropriated to the Department for the ordinary and contingent
19		expenses of the Department in the administration of this Act.
20		(Source: P.A. 91-454, eff. 1-1-00.)
21		(225 ILCS 310/14) (from Ch. 111, par. 8214)
22		(Section scheduled to be repealed on January 1, 2022)
23		Sec. 14. Investigations; Notice of hearing. Upon the
24		motion of either the Department or the Board, or upon the

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1		verified complaint in writing of any person setting forth
2		facts which, if proven, would constitute grounds for refusal,
3		suspension, or revocation of registration under this Act, the
4		Board shall investigate the actions of any person, hereinafter
5		called the "registrant", who holds or represents that he holds
6		a certificate of registration. All such motions or complaints
7		shall be brought to the Board.
8		The Director shall, before suspending, revoking, placing
9		on probationary status, or taking any other disciplinary
10		action as the Director may deem proper with regard to any
11		registration, at least 30 days prior to the date set for the
12		hearing, notify the registrant in writing of any charges made
13		and the time and place for a hearing on the charges before the
14		Board. The Board shall also direct the registrant to file his
15		written answer to the charges with the Board under oath within
16		20 days after the service on him of such notice, and inform him
17		that if he fails to file such answer, his certificate of
18		registration may be suspended, revoked, placed on probationary
19		status or other disciplinary action may be taken with regard
20		thereto, as the Director may deem proper.
21		The written notice and any notice in such proceeding may
22		be served by delivery personally to the registrant, by email,
23		or by registered or certified mail to the address specified by
24		the registrant in his last notification to the Director.
25		The Department, at its expense, shall preserve a record of
26		all proceedings at the formal hearing of any case involving

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1		the refusal to issue or renew a registration, or discipline of
2		a registrant. The notice of hearing, complaint, and all other
3		documents in the nature of pleadings and written motions filed
4		in the proceedings, the transcript of testimony, the report of
5		the Board, and the orders of the Department shall be the record
6		of such proceedings.
7		(Source: P.A. 86-1404.)
8		(225 ILCS 310/20) (from Ch. 111, par. 8220)
9		(Section scheduled to be repealed on January 1, 2022)
10		Sec. 20. Restoration. At any time after suspension,
11		revocation, placement on probationary status, or the taking of
12		any other disciplinary action with regard to any registration,
13		the Department may restore the certificate of registration, or
14		take any other action to reinstate the registration to good
15		standing, without further examination, upon the written
16		recommendation of the Board.
17		(Source: P.A. 86-1404.)
18		(225 ILCS 310/23) (from Ch. 111, par. 8223)
19		(Section scheduled to be repealed on January 1, 2022)
20		Sec. 23. Confidentiality. Confidential information;
21		Disclosure. All information collected by the Department in the
22		course of an examination or investigation of a registrant or
23		applicant, including, but not limited to, any complaint
24		against a registrant filed with the Department and information

HB0806 Enrolled - 171 - LRB102 02614 SPS 12617 b
1		collected to investigate any such complaint, shall be
2		maintained for the confidential use of the Department and may
3		not be disclosed. The Department may not disclose the
4		information to anyone other than law enforcement officials,
5		other regulatory agencies that have an appropriate regulatory
6		interest as determined by the Secretary, or a party presenting
7		a lawful subpoena to the Department. Information and documents
8		disclosed to a federal, State, county, or local law
9		enforcement agency may not be disclosed by the agency for any
10		purpose to any other agency or person. A formal complaint
11		filed by the Department against a registrant or applicant is a
12		public record, except as otherwise prohibited by law. In
13		hearings conducted under this Act, information presented into
14		evidence that was acquired by an interior designer in serving
15		any individual in a professional capacity, and necessary to
16		professionally serve such individual, shall be deemed strictly
17		confidential and shall only be made available either as part
18		of the record of a hearing hereunder or otherwise:
19		(a) when the record is required, in its entirety, for
20		purposes of judicial review;
21		(b) upon the express written consent of the individual
22		served, or in the case of his or her death or disability, the
23		consent of his or her personal representative.
24		(Source: P.A. 86-1404.)
25		(225 ILCS 310/29) (from Ch. 111, par. 8229)

HB0806 Enrolled - 172 - LRB102 02614 SPS 12617 b
1		(Section scheduled to be repealed on January 1, 2022)
2		Sec. 29. Illinois Administrative Procedure Act. The
3		Illinois Administrative Procedure Act is hereby expressly
4		adopted and incorporated herein as if all of the provisions of
5		that Act were included in this Act, except that the provision
6		of subsection (d) of Section 10-65 of the Illinois
7		Administrative Procedure Act that provides that at hearings
8		the registrant has the right to show compliance with all
9		lawful requirements for retention, continuation, or renewal of
10		the registration is specifically excluded. For the purposes of
11		this Act, the notice required under Section 10-25 of the
12		Illinois Administrative Procedure Act is deemed sufficient
13		when mailed or emailed to the last known address of a party.
14		(Source: P.A. 91-357, eff. 7-29-99.)
15		(225 ILCS 310/30) (from Ch. 111, par. 8230)
16		(Section scheduled to be repealed on January 1, 2022)
17		Sec. 30. Fund; appropriations; investments; audits
18		Interior Design Administration and Investigation Fund. All of
19		the fees collected pursuant to this Act shall be deposited
20		into the General Professions Dedicated Fund.
21		On January 1, 2000 the State Comptroller shall transfer
22		the balance of the monies in the Interior Design
23		Administration and Investigation Fund into the General
24		Professions Dedicated Fund. Amounts appropriated for fiscal
25		year 2000 out of the Interior Design Administration and

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1		Investigation Fund may be paid out of the General Professions
2		Dedicated Fund.
3		The moneys monies deposited in the General Professions
4		Dedicated Fund may be used for the expenses of the Department
5		in the administration of this Act.
6		Moneys from the Fund may also be used for direct and
7		allocable indirect costs related to the public purposes of the
8		Department of Professional Regulation. Moneys in the Fund may
9		be transferred to the Professions Indirect Cost Fund as
10		authorized by Section 2105-300 of the Department of
11		Professional Regulation Law (20 ILCS 2105/2105-300).
12		Upon the completion of any audit of the Department as
13		prescribed by the Illinois State Auditing Act that includes an
14		audit of the General Professions Dedicated Fund Interior
15		Design Administration and Investigation Fund, the Department
16		shall make the audit open to inspection by any interested
17		person. The copy of the audit report required to be submitted
18		to the Department by this Section is in addition to copies of
19		audit reports required to be submitted to other State officers
20		and agencies by Section 3-14 of the Illinois State Auditing
21		Act.
22		(Source: P.A. 91-239, eff. 1-1-00; 91-454, eff. 1-1-00; 92-16,
23		eff. 6-28-01.)
24		Section 40. The Cemetery Oversight Act is amended by
25		changing Sections 5-15, 5-20, 5-25, 10-20, 10-21, 10-25,

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1		10-40, 10-55, 20-10, 25-3, 25-5, 25-10, 25-15, 25-25, 25-30,
2		25-35, 25-90, 25-95, 25-105, 25-115, 35-5, 35-15, and 75-45
3		and by adding Sections 5-16, 5-26, and 25-26 as follows:
4		(225 ILCS 411/5-15)
5		(Section scheduled to be repealed on January 1, 2022)
6		Sec. 5-15. Definitions. In this Act:
7		"Address of record" means the designated address recorded
8		by the Department in the applicant's or licensee's application
9		file or license file. It is the duty of the applicant or
10		licensee to inform the Department of any change of address
11		within 14 days either through the Department's website or by
12		contacting the Department's licensure maintenance unit. The
13		address of record for a cemetery authority shall be the
14		permanent street address of the cemetery.
15		"Applicant" means a person applying for licensure under
16		this Act as a cemetery authority, cemetery manager, or
17		customer service employee. Any applicant or any person who
18		holds himself or herself out as an applicant is considered a
19		licensee for purposes of enforcement, investigation, hearings,
20		and the Illinois Administrative Procedure Act.
21		"Burial permit" means a permit provided by a licensed
22		funeral director for the disposition of a dead human body.
23		"Care" means the maintenance of a cemetery and of the
24		lots, graves, crypts, niches, family mausoleums, memorials,
25		and markers therein, including: (i) the cutting and trimming

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1		of lawn, shrubs, and trees at reasonable intervals; (ii)
2		keeping in repair the drains, water lines, roads, buildings,
3		fences, and other structures, in keeping with a
4		well-maintained cemetery as provided for in Section 20-5 of
5		this Act and otherwise as required by rule; (iii) maintenance
6		of machinery, tools, and equipment for such care; (iv)
7		compensation of cemetery workers, any discretionary payment of
8		insurance premiums, and any reasonable payments for workers'
9		pension and other benefits plans; and (v) the payment of
10		expenses necessary for such purposes and for maintaining
11		necessary records of lot ownership, transfers, and burials.
12		"Cemetery" means any land or structure in this State
13		dedicated to and used, or intended to be used, for the
14		interment, inurnment, or entombment of human remains.
15		"Cemetery authority" means any individual or legal entity
16		that owns or controls cemetery lands or property.
17		"Cemetery manager" means an individual directly
18		responsible or holding himself or herself directly responsible
19		for the operation, maintenance, development, or improvement of
20		a cemetery that is or shall be licensed under this Act or shall
21		be licensed pursuant to Section 10-39 of this Act,
22		irrespective of whether the individual is paid by the licensed
23		cemetery authority or a third party. This definition does not
24		include a volunteer who receives no compensation, either
25		directly or indirectly, for his or her work as a cemetery
26		manager.

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1		"Cemetery merchandise" means items of personal property
2		normally sold by a cemetery authority not covered under the
3		Illinois Funeral or Burial Funds Act, including, but not
4		limited to: (1) memorials, (2) markers, (3) monuments, (4)
5		foundations and installations, and (5) outer burial
6		containers.
7		"Cemetery operation" means to engage in any or all of the
8		following, whether on behalf of, or in the absence of, a
9		cemetery authority: (i) the interment, entombment, or
10		inurnment of human remains, (ii) the sale of interment,
11		entombment, or inurnment rights, cemetery merchandise, or
12		cemetery services, (iii) the maintenance of interment rights
13		ownership records, (iv) the maintenance of or reporting of
14		interment, entombment, or inurnment records, (v) the
15		maintenance of cemetery property, (vi) the development or
16		improvement of cemetery grounds, or (vii) the maintenance and
17		execution of business documents, including State and federal
18		government reporting and the payment of taxes, for a cemetery
19		business entity.
20		"Cemetery Oversight Database" means a database certified
21		by the Department as effective in tracking the interment,
22		entombment, or inurnment of human remains.
23		"Cemetery services" means those services customarily
24		performed by cemetery personnel in connection with the
25		interment, entombment, or inurnment of a dead human body.
26		"Certificate of organization" means the document received

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1		by a cemetery association from the Secretary of State that
2		indicates that the cemetery association shall be deemed fully
3		organized as a body corporate under the name adopted and in its
4		corporate name may sue and be sued.
5		"Comptroller" means the Comptroller of the State of
6		Illinois.
7		"Confidential information" means unique identifiers,
8		including a person's Social Security number, home address,
9		home phone number, personal phone number, personal email
10		address, personal financial information, and any other
11		information protected by law.
12		"Consumer" means an individual who purchases or who is
13		considering purchasing cemetery, burial, or cremation products
14		or services from a cemetery authority, whether for themselves
15		or for another person.
16		"Customer service employee" means an individual who has
17		direct contact with consumers to explain cemetery merchandise,
18		services, and interment rights and to execute the sale of
19		those items to consumers, whether at the cemetery or an
20		off-site location, irrespective of whether compensation is
21		paid by the cemetery authority or a third party. This
22		definition does not include a volunteer who receives no
23		compensation, either directly or indirectly, for his or her
24		work as a customer service employee.
25		"Department" means the Department of Financial and
26		Professional Regulation.

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1		"Email address of record" means the designated email
2		address recorded by the Department in the applicant's
3		application file or the licensee's license file as maintained
4		by the Department's licensure maintenance unit.
5		"Employee" means an individual who works for a cemetery
6		authority where the cemetery authority has the right to
7		control what work is performed and the details of how the work
8		is performed regardless of whether federal or State payroll
9		taxes are withheld.
10		"Entombment right" means the right to place individual
11		human remains or individual cremated human remains in a
12		specific mausoleum crypt or lawn crypt selected by a consumer
13		for use as a final resting place.
14		"Family burying ground" means a cemetery in which no lots,
15		crypts, or niches are sold to the public and in which
16		interments, inurnments, and entombments are restricted to the
17		immediate family or a group of individuals related to each
18		other by blood or marriage.
19		"Full exemption" means an exemption granted to a cemetery
20		authority pursuant to subsection (a) of Section 5-20.
21		"Funeral director" means a funeral director as defined by
22		the Funeral Directors and Embalmers Licensing Code.
23		"Grave" means a space of ground in a cemetery used or
24		intended to be used for burial.
25		"Green burial or cremation disposition" means burial or
26		cremation practices that reduce the greenhouse gas emissions,

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1		waste, and toxic chemicals ordinarily created in burial or
2		cremation or, in the case of greenhouse gas emissions,
3		mitigate or offset emissions. Such practices include any
4		standards or method for burial or cremation that the
5		Department may name by rule.
6		"Immediate family" means the designated agent of a person
7		or the persons given priority for the disposition of a
8		person's remains under the Disposition of Remains Act and
9		shall include a person's spouse, parents, grandparents,
10		children, grandchildren and siblings.
11		"Individual" means a natural person.
12		"Interment right" means the right to place individual
13		human remains or cremated human remains in a specific
14		underground location selected by a consumer for use as a final
15		resting place.
16		"Inurnment right" means the right to place individual
17		cremated human remains in a specific niche selected by the
18		consumer for use as a final resting place.
19		"Lawn crypt" means a permanent underground crypt installed
20		in multiple units for the entombment of human remains.
21		"Licensee" means a person licensed under this Act as a
22		cemetery authority, cemetery manager, or customer service
23		employee. Anyone who holds himself or herself out as a
24		licensee or who is accused of unlicensed practice is
25		considered a licensee for purposes of enforcement,
26		investigation, hearings, and the Illinois Administrative

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1		Procedure Act.
2		"Mausoleum crypt" means a grouping of spaces constructed
3		of reinforced concrete or similar material constructed or
4		assembled above the ground for entombing remains.
5		"Niche" means a space in a columbarium or mausoleum used,
6		or intended to be used, for inurnment of cremated human
7		remains.
8		"Partial exemption" means an exemption granted to a
9		cemetery authority pursuant to subsection (b) of Section 5-20.
10		"Parcel identification number" means a unique number
11		assigned by the Cemetery Oversight Database to a grave, plot,
12		crypt, or niche that enables the Department to ascertain the
13		precise location of a decedent's remains interred, entombed,
14		or inurned after the effective date of this Act.
15		"Person" means any individual, firm, partnership,
16		association, corporation, limited liability company, trustee,
17		government or political subdivision, or other entity.
18		"Public cemetery" means a cemetery owned, operated,
19		controlled, or managed by the federal government, by any
20		state, county, city, village, incorporated town, township,
21		multi-township, public cemetery district, or other municipal
22		corporation, political subdivision, or instrumentality thereof
23		authorized by law to own, operate, or manage a cemetery.
24		"Religious burying ground" means a cemetery in which no
25		lots, crypts, or niches are sold and in which interments,
26		inurnments, and entombments are restricted to a group of

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1		individuals all belonging to a religious order or granted
2		burial rights by special consideration of the religious order.
3		"Religious cemetery" means a cemetery owned, operated,
4		controlled, and managed by any recognized church, religious
5		society, association, or denomination, or by any cemetery
6		authority or any corporation administering, or through which
7		is administered, the temporalities of any recognized church,
8		religious society, association, or denomination.
9		"Secretary" means the Secretary of Financial and
10		Professional Regulation or a person authorized by the
11		Secretary to act in the Secretary's stead.
12		"Term burial" means a right of interment sold to a
13		consumer in which the cemetery authority retains the right to
14		disinter and relocate the remains, subject to the provisions
15		of subsection (d) of Section 35-15 of this Act.
16		"Trustee" means any person authorized to hold funds under
17		this Act.
18		"Unique personal identifier" means the parcel
19		identification number in addition to the term of burial in
20		years; the numbered level or depth in the grave, plot, crypt,
21		or niche; and the year of death for human remains interred,
22		entombed, or inurned after the effective date of this Act. The
23		unique personal identifier is assigned by the Cemetery
24		Oversight Database.
25		(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)

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1		(225 ILCS 411/5-16 new)
2		Sec. 5-16. Address of record; email address of record. All
3		applicants and licensees shall:
4		(1) provide a valid address and email address to the
5		Department, which shall serve as the address of record and
6		email address of record, respectively, at the time of
7		application for licensure or renewal of a license; and
8		(2) inform the Department of any change of address of
9		record or email address of record within 14 days after
10		such change either through the Department's website or by
11		contacting the Department's licensure maintenance unit.
12		(225 ILCS 411/5-20)
13		(Section scheduled to be repealed on January 1, 2022)
14		Sec. 5-20. Exemptions.
15		(a) Full exemption. Except as provided in this subsection,
16		this Act does not apply to (1) any cemetery authority
17		operating as a family burying ground or religious burying
18		ground, (2) any cemetery authority that has not engaged in an
19		interment, inurnment, or entombment of human remains within
20		the last 10 years, or (3) any cemetery authority that is less
21		than 3 acres. For purposes of determining the applicability of
22		this subsection, the number of interments, inurnments, and
23		entombments shall be aggregated for each calendar year. A
24		cemetery authority claiming a full exemption shall apply for
25		exempt status as provided for in Section 10-20 of this Act. A

HB0806 Enrolled - 183 - LRB102 02614 SPS 12617 b
1		cemetery authority claiming a full exemption shall be subject
2		to Sections 10-40, 10-55, and 10-60 of this Act. A cemetery
3		authority that performs activities that would disqualify it
4		from a full exemption is required to apply for licensure
5		within one year following the date on which its activities
6		would disqualify it for a full exemption. A cemetery authority
7		that previously qualified for and maintained a full exemption
8		that fails to timely apply for licensure shall be deemed to
9		have engaged in unlicensed practice and shall be subject to
10		discipline in accordance with Article 25 of this Act.
11		(b) Partial exemption. If a cemetery authority does not
12		qualify for a full exemption and (1) engages in 25 or fewer
13		interments, inurnments, or entombments of human remains for
14		each of the preceding 2 calendar years, (2) operates as a
15		public cemetery, or (3) operates as a religious cemetery, then
16		the cemetery authority is partially exempt from this Act but
17		shall be required to comply with Sections 10-23, 10-40, 10-55,
18		10-60, subsections (a), (b), (b-5), (c), (d), (f), (g), and
19		(h) of Section 20-5, Sections 20-6, 20-8, 20-10, 20-12, 20-30,
20		20-35, 20-40, 25-3, and 25-120, and Article 35 of this Act.
21		Cemetery authorities claiming a partial exemption shall apply
22		for the partial exemption as provided in Section 10-20 of this
23		Act. A cemetery authority that changes to a status that would
24		disqualify it from a partial exemption is required to apply
25		for licensure within one year following the date on which it
26		changes its status. A cemetery authority that maintains a

HB0806 Enrolled - 184 - LRB102 02614 SPS 12617 b
1		partial exemption that fails to timely apply for licensure
2		shall be deemed to have engaged in unlicensed practice and
3		shall be subject to discipline in accordance with Article 25
4		of this Act.
5		(c) Nothing in this Act applies to the City of Chicago in
6		its exercise of its powers under the O'Hare Modernization Act
7		or limits the authority of the City of Chicago to acquire
8		property or otherwise exercise its powers under the O'Hare
9		Modernization Act, or requires the City of Chicago, or any
10		person acting on behalf of the City of Chicago, to comply with
11		the licensing, regulation, or investigation, or mediation
12		requirements of this Act in exercising its powers under the
13		O'Hare Modernization Act.
14		(d) A cemetery manager and customer service employee
15		license may be in active status only during the period that
16		such a licensee is employed by a cemetery authority that is
17		licensed under this Act. In the event that a cemetery manager
18		or customer service employee commences work for a cemetery
19		granted an exemption under this Section, it shall be a duty of
20		both the cemetery authority and the individual licensee to
21		immediately notify the Department so that the license may be
22		placed on inactive status. During the period that a license is
23		in inactive status, the involved person may not hold himself
24		or herself out as licensed. Upon returning to employment by a
25		cemetery licensed under this Act, such a cemetery manager or
26		customer service employee may reinstate the license to active

HB0806 Enrolled - 185 - LRB102 02614 SPS 12617 b
1		status simply by notifying the Department and paying the
2		applicable fee.
3		(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
4		(225 ILCS 411/5-25)
5		(Section scheduled to be repealed on January 1, 2022)
6		Sec. 5-25. Powers and duties of the Department. The
7		Department shall, subject Subject to the provisions of this
8		Act, the Department may exercise the following functions,
9		powers, and duties:
10		(1) Authorize certification programs to ascertain the
11		qualifications and fitness of applicants for licensing as
12		a licensed cemetery manager or as a customer service
13		employee to ascertain whether they possess the requisite
14		level of knowledge for such position.
15		(2) Examine a licensed cemetery authority's records
16		from any year or any other aspects of cemetery operation
17		as the Department deems appropriate.
18		(3) Investigate any and all cemetery operations.
19		(4) Conduct hearings on proceedings to refuse to
20		issue, or renew, or restore licenses or to revoke,
21		suspend, place on probation, or reprimand, or otherwise
22		discipline a licensee license under this Act or take other
23		non-disciplinary action.
24		(5) Adopt reasonable rules required for the
25		administration of this Act.

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1		(6) Prescribe forms to be issued for the
2		administration and enforcement of this Act.
3		(7) (Blank). Maintain rosters of the names and
4		addresses of all licensees and all persons whose licenses
5		have been suspended, revoked, denied renewal, or otherwise
6		disciplined within the previous calendar year. These
7		rosters shall be available upon written request and
8		payment of the required fee as established by rule.
9		(8) Work with the Office of the Comptroller and the
10		Department of Public Health, Division of Vital Records to
11		exchange information and request additional information
12		relating to a licensed cemetery authority.
13		(9) Investigate cemetery contracts, grounds, or
14		employee records.
15		(10) Issue licenses to those who meet the requirements
16		of this Act.
17		(11) Conduct investigations related to possible
18		violations of this Act.
19		If the Department exercises its authority to conduct
20		investigations under this Section, the Department shall
21		provide the cemetery authority with information sufficient to
22		challenge the allegation. If the complainant consents, then
23		the Department shall provide the cemetery authority with the
24		identity of and contact information for the complainant so as
25		to allow the cemetery authority and the complainant to resolve
26		the complaint directly. Except as otherwise provided in this

HB0806 Enrolled - 187 - LRB102 02614 SPS 12617 b
1		Act, any complaint received by the Department and any
2		information collected to investigate the complaint shall be
3		maintained by the Department for the confidential use of the
4		Department and shall not be disclosed. The Department may not
5		disclose the information to anyone other than law enforcement
6		officials or other regulatory agencies or persons that have an
7		appropriate regulatory interest, as determined by the
8		Secretary, or to a party presenting a lawful subpoena to the
9		Department. Information and documents disclosed to a federal,
10		state, county, or local law enforcement agency shall not be
11		disclosed by the agency for any purpose to any other agency or
12		person. A formal complaint filed against a licensee by the
13		Department or any order issued by the Department against a
14		licensee or applicant shall be a public record, except as
15		otherwise prohibited by law.
16		(Source: P.A. 99-78, eff. 7-20-15.)
17		(225 ILCS 411/5-26 new)
18		Sec. 5-26. Confidentiality. All information collected by
19		the Department in the course of an examination or
20		investigation of a licensee or applicant, including, but not
21		limited to, any complaint against a licensee filed with the
22		Department and information collected to investigate any such
23		complaint, shall be maintained for the confidential use of the
24		Department and shall not be disclosed. The Department may not
25		disclose the information to anyone other than law enforcement

HB0806 Enrolled - 188 - LRB102 02614 SPS 12617 b
1		officials, other regulatory agencies that have an appropriate
2		regulatory interest as determined by the Secretary, or a party
3		presenting a lawful subpoena to the Department. Information
4		and documents disclosed to a federal, State, county, or local
5		law enforcement agency shall not be disclosed by the agency
6		for any purpose to any other agency or person. A formal
7		complaint filed against a licensee by the Department or any
8		order issued by the Department against a licensee or applicant
9		shall be a public record, except as otherwise prohibited by
10		law.
11		(225 ILCS 411/10-20)
12		(Section scheduled to be repealed on January 1, 2022)
13		Sec. 10-20. Application for original license or exemption.
14		(a) Applications for original licensure as a cemetery
15		authority, cemetery manager, or customer service employee
16		authorized by this Act, or application for exemption from
17		licensure as a cemetery authority, shall be made to the
18		Department in writing on forms or electronically as prescribed
19		by the Department, which shall include the applicant's Social
20		Security number or FEIN number, or both, and shall be
21		accompanied by the required fee that shall not be refundable.
22		as set by Section 10-55 of this Act and further refined by
23		rule. Applications for partial or full exemption from
24		licensure as a cemetery authority shall be submitted to the
25		Department within 6 months after the Department adopts rules

HB0806 Enrolled - 189 - LRB102 02614 SPS 12617 b
1		under this Act. If the person fails to submit the application
2		for partial or full exemption within this period, the person
3		shall be subject to discipline in accordance with Article 25
4		of this Act. The process for renewing a full or partial
5		exemption shall be set by rule. If a cemetery authority seeks
6		to practice at more than one location, it shall meet all
7		licensure requirements at each location as required by this
8		Act and by rule, including submission of an application and
9		fee. All applications shall contain information that, in the
10		judgment of the Department, will enable the Department to pass
11		on the qualifications of the applicant for a license under
12		this Act.
13		(b) (Blank).
14		(c) After initial licensure, if any person comes to obtain
15		at least 51% of the ownership over the licensed cemetery
16		authority, then the cemetery authority shall have to apply for
17		a new license and receive licensure in the required time as set
18		by rule. The current license remains in effect until the
19		Department takes action on the application for a new license.
20		(d) (Blank). All applications shall contain the
21		information that, in the judgment of the Department, will
22		enable the Department to pass on the qualifications of the
23		applicant for an exemption from licensure or for a license to
24		practice as a cemetery authority, cemetery manager, or
25		customer service employee as set by rule.
26		(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)

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1		(225 ILCS 411/10-21)
2		(Section scheduled to be repealed on January 1, 2022)
3		Sec. 10-21. Qualifications for licensure.
4		(a) A cemetery authority shall apply for licensure on
5		forms prescribed by the Department and pay the required fee.
6		An applicant is qualified for licensure as a cemetery
7		authority if the applicant meets all of the following
8		qualifications:
9		(1) The applicant has not committed any act or offense
10		in any jurisdiction that would constitute the basis for
11		discipline under this Act. When considering such license,
12		the Department shall take into consideration the
13		following:
14		(A) the applicant's record of compliance with the
15		Code of Professional Conduct and Ethics, and whether
16		the applicant has been found to have engaged in any
17		unethical or dishonest practices in the cemetery
18		business;
19		(B) whether the applicant has been adjudicated,
20		civilly or criminally, to have committed fraud or to
21		have violated any law of any state involving unfair
22		trade or business practices, has been convicted of a
23		misdemeanor of which fraud is an essential element or
24		which involves any aspect of the cemetery business, or
25		has been convicted of any felony;

HB0806 Enrolled - 191 - LRB102 02614 SPS 12617 b
1		(C) whether the applicant has willfully violated
2		any provision of this Act or a predecessor law or any
3		regulations relating thereto;
4		(D) whether the applicant has been permanently or
5		temporarily suspended, enjoined, or barred by any
6		court of competent jurisdiction in any state from
7		engaging in or continuing any conduct or practice
8		involving any aspect of the cemetery or funeral
9		business; and
10		(E) whether the applicant has ever had any license
11		to practice any profession or occupation suspended,
12		denied, fined, or otherwise acted against or
13		disciplined by the applicable licensing authority.
14		If the applicant is a corporation, limited liability
15		company, partnership, or other entity permitted by law,
16		then the Department shall determine whether each
17		principal, owner, member, officer, and shareholder holding
18		25% or more of corporate stock has met the requirements of
19		this item (1) of subsection (a) of this Section.
20		(2) The applicant must provide a statement of its
21		assets and liabilities to the Department.
22		(3) The applicant has not, within the preceding 10
23		years, been convicted of or entered a plea of guilty or
24		nolo contendere to (i) a Class X felony or (ii) a felony,
25		an essential element of which was fraud or dishonesty
26		under the laws of this State, another state, the United

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1		States, or a foreign jurisdiction that is directly related
2		to the practice of cemetery operations. If the applicant
3		is a corporation, limited liability company, partnership,
4		or other entity permitted by law, then each principal,
5		owner, member, officer, and shareholder holding 25% or
6		more of corporate stock has not, within the preceding 10
7		years, been convicted of or entered a plea of guilty or
8		nolo contendere to (i) a Class X felony or (ii) a felony,
9		an essential element of which was fraud or dishonesty
10		under the laws of this State, another state, the United
11		States, or a foreign jurisdiction that is directly related
12		to the practice of cemetery operations.
13		(4) The applicant shall authorize the Department to
14		conduct a criminal background check that does not involve
15		fingerprinting.
16		(5) In the case of a person or entity applying for
17		renewal of his, her, or its license, the applicant has
18		complied with all other requirements of this Act and the
19		rules adopted for the implementation of this Act.
20		(b) The cemetery manager and customer service employees of
21		a licensed cemetery authority shall apply for licensure as a
22		cemetery manager or customer service employee on forms
23		prescribed by the Department and pay the required fee. A
24		person is qualified for licensure as a cemetery manager or
25		customer service employee if he or she meets all of the
26		following requirements:

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1		(1) Is at least 18 years of age.
2		(2) Has acted in an ethical manner as set forth in
3		Section 10-23 of this Act. In determining qualifications
4		of licensure, the Department shall take into consideration
5		the factors outlined in item (1) of subsection (a) of this
6		Section.
7		(3) Submits proof of successful completion of a high
8		school education or its equivalent as established by rule.
9		(4) The applicant shall authorize the Department to
10		conduct a criminal background check that does not involve
11		fingerprinting.
12		(5) Has not committed a violation of this Act or any
13		rules adopted under this Act that, in the opinion of the
14		Department, renders the applicant unqualified to be a
15		cemetery manager.
16		(6) Submits proof of successful completion of a
17		certification course recognized by the Department for a
18		cemetery manager or customer service employee, whichever
19		the case may be.
20		(7) Has not, within the preceding 10 years, been
21		convicted of or entered a plea of guilty or nolo
22		contendere to (i) a Class X felony or (ii) a felony, an
23		essential element of which was fraud or dishonesty under
24		the laws of this State, another state, the United States,
25		or a foreign jurisdiction that is directly related to the
26		practice of cemetery operations.

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1		(8) (Blank).
2		(9) In the case of a person applying for renewal of his
3		or her license, has complied with all other requirements
4		of this Act and the rules adopted for implementation of
5		this Act.
6		(c) Each applicant for a cemetery authority, cemetery
7		manager, or customer service employee license shall authorize
8		the Department to conduct a criminal background check that
9		does not involve fingerprinting. The Department must, in turn,
10		conduct the criminal background check on each applicant. The
11		Department shall adopt rules to implement this subsection (c),
12		but in no event shall the Department impose a fee upon the
13		applicant for the background check.
14		(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
15		(225 ILCS 411/10-25)
16		(Section scheduled to be repealed on January 1, 2022)
17		Sec. 10-25. Certification.
18		(a) The Department shall authorize certification programs
19		for cemetery manager and customer service employee applicants.
20		The certification programs must consist of education and
21		training in cemetery ethics, cemetery law, and cemetery
22		practices. Cemetery ethics shall include, without limitation,
23		the Code of Professional Conduct and Ethics as set forth in
24		Section 10-23 of this Act. Cemetery law shall include, without
25		limitation, the Cemetery Oversight Act, the Cemetery Care Act,

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1		the Disposition of Remains Act, and the Cemetery Protection
2		Act. Cemetery practices shall include, without limitation,
3		treating the dead and their family members with dignity and
4		respect. The certification program shall include an
5		examination administered by the entity providing the
6		certification.
7		(a-5) An entity seeking to offer a certification program
8		to cemetery manager applicants and customer service employee
9		applicants must receive approval of its program from the
10		Department in a manner and form prescribed by the Department
11		by rule. As part of this process, the entity must submit to the
12		Department the examination it offers or intends to offer as
13		part of its certification program.
14		(a-10) A cemetery manager applicant or customer service
15		employee applicant may choose any entity that has been
16		approved by the Department from which to obtain certification.
17		(b) Cemetery manager applicants and customer service
18		employee applicants shall pay the fee for the certification
19		program directly to the entity offering the program.
20		(c) If the cemetery manager applicant or customer service
21		employee applicant neglects, fails, or refuses to become
22		certified within one year after filing an application, then
23		the application shall be denied. However, the applicant may
24		thereafter submit a new application accompanied by the
25		required fee. The applicant shall meet the requirements in
26		force at the time of making the new application.

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1		(d) A cemetery manager applicant or customer service
2		employee applicant who has completed a certification program
3		offered by an entity that has not received the Department's
4		approval as required by this Section has not met the
5		qualifications for licensure as set forth in Section 10-21 of
6		this Act.
7		(e) The Department may approve shall recognize any
8		certification program that is conducted by a death care trade
9		association in Illinois that has been in existence for more
10		than 5 years that, in the determination of the Department,
11		provides adequate education and training in cemetery law,
12		cemetery ethics, and cemetery practices and administers an
13		examination covering the same.
14		(f) The Department may, without a hearing, summarily
15		withdraw its approval of a certification program that, in the
16		judgment of the Department, fails to meet the requirements of
17		this Act or the rules adopted under this Act. A certification
18		program that has had its approval withdrawn by the Department
19		may reapply for approval, but shall provide such additional
20		information as may be required by the Department, including,
21		but not limited to, evidence to the Department's satisfaction
22		that the program is in compliance with this Act and the rules
23		adopted under this Act.
24		(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
25		(225 ILCS 411/10-40)

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1		(Section scheduled to be repealed on January 1, 2022)
2		Sec. 10-40. Renewal, reinstatement, or restoration of
3		license Expiration and renewal of license.
4		(a) The expiration date and renewal period for each
5		license issued under this Act shall be set by rule. The holder
6		of a license may renew such license during the month preceding
7		the expiration date thereof by paying the required fee.
8		(b) A licensee under this Act who has permitted his or her
9		license to expire or has had his or her license placed on
10		inactive status may have his or her license restored by making
11		application to the Department and filing proof acceptable to
12		the Department of his or her fitness of having his or her
13		license restored, including, but not limited to, sworn
14		evidence certifying to active practice in another jurisdiction
15		satisfactory to the Department, and by paying the required fee
16		as determined by rule. Every cemetery authority, cemetery
17		manager, and customer service employee license shall expire
18		every 2 years. Every registration as a fully exempt cemetery
19		authority or partially exempt cemetery authority shall expire
20		every 4 years. The expiration date, renewal period, and other
21		requirements for each license and registration shall be
22		further refined by rule.
23		(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
24		(225 ILCS 411/10-55)
25		(Section scheduled to be repealed on January 1, 2022)

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1		Sec. 10-55. Fees.
2		(a) Except as provided in this Section, the fees for the
3		administration and enforcement of this Act shall be set by the
4		Department by rule. The fees shall be reasonable and shall not
5		be refundable.
6		(b) Cemetery manager applicants and customer service
7		employee applicants shall pay any certification program or
8		continuing education program fee directly to the entity
9		offering the program.
10		(c) The Department may waive fees based upon hardship.
11		(d) Nothing shall prohibit a cemetery authority from
12		paying, on behalf of its cemetery managers or customer service
13		employees, their application, renewal, or restoration fees.
14		(e) All fees and other moneys collected under this Act
15		shall be deposited in the Cemetery Oversight Licensing and
16		Disciplinary Fund.
17		(f) The fee for application as a cemetery authority
18		seeking a full exemption is $0.
19		(g) The fee to renew registration as a fully exempt
20		cemetery authority is $0. As provided in Section 10-40 of this
21		Act and as further refined by rule, each registration as a
22		fully exempt cemetery authority shall expire every 4 years.
23		(h) The fee for application as a cemetery authority
24		seeking a partial exemption is $150.
25		(i) The fee to renew registration as a partially exempt
26		cemetery authority is $150. As provided in Section 10-40 of

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1		this Act and as further refined by rule, each registration as a
2		partially exempt cemetery authority shall expire every 4
3		years.
4		(j) The fee for original licensure, renewal, and
5		restoration as a cemetery authority not seeking a full or
6		partial exemption is $75. As provided in Section 10-40 of this
7		Act and as further refined by rule, each cemetery authority
8		license shall expire every 2 years.
9		(k) The fee for original licensure, renewal, and
10		restoration as a cemetery manager is $25. As provided in
11		Section 10-40 of this Act and as further refined by rule, each
12		cemetery manager license shall expire every 2 years.
13		(l) The fee for original licensure, renewal, and
14		restoration as a customer service employee is $25. As provided
15		in Section 10-40 of this Act and as further refined by rule,
16		each customer service employee license shall expire every 2
17		years.
18		(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
19		(225 ILCS 411/20-10)
20		(Section scheduled to be repealed on January 1, 2022)
21		Sec. 20-10. Contract. At the time cemetery arrangements
22		are made and prior to rendering the cemetery services, a
23		cemetery authority shall create a completed written contract
24		to be provided to the consumer, signed by both parties by their
25		actual written signatures on either paper or electronic form,

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1		that shall contain: (i) the date on which the arrangements
2		were made; (ii) the price of the service selected and the
3		services and merchandise included for that price; (iii) the
4		supplemental items of service and merchandise requested and
5		the price of each item; (iv) the terms or method of payment
6		agreed upon; and (v) a statement as to any monetary advances
7		made on behalf of the family. The cemetery authority shall
8		maintain a copy of such written contract in its permanent
9		records.
10		(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
11		(225 ILCS 411/25-3)
12		(Section scheduled to be repealed on January 1, 2022)
13		Sec. 25-3. Exemption, investigation, mediation. All
14		cemetery authorities maintaining a partial exemption must
15		submit to the following investigation and mediation procedure
16		by the Department in the event of a consumer complaint:
17		(a) Complaints to cemetery:
18		(1) the cemetery authority shall make every effort
19		to first resolve a consumer complaint; and
20		(2) if the complaint is not resolved, then the
21		cemetery authority shall advise the consumer of his or
22		her right to file a complaint with seek investigation
23		and mediation by the Department.
24		(b) Complaints to the Department:
25		(1) if the Department receives a complaint, the

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1		Department shall make an initial determination as to
2		whether the complaint has a reasonable basis and
3		pertains to this Act;
4		(2) if the Department determines that the
5		complaint has a reasonable basis and pertains to this
6		Act, it shall inform the cemetery authority of the
7		complaint and give it 30 days to tender a response;
8		(3) upon receiving the cemetery authority's
9		response, or after the 30 days provided in subsection
10		(2) of this subsection, whichever comes first, the
11		Department shall attempt to resolve the complaint
12		telephonically with the parties involved;
13		(4) if the complaint still is not resolved, then
14		the Department shall conduct an investigation and
15		mediate the complaint as provided for by rule;
16		(5) if the Department conducts an on-site
17		investigation and face-to-face mediation with the
18		parties, then it may charge the cemetery authority a
19		single investigation and mediation fee, which fee
20		shall be set by rule and shall be calculated on an
21		hourly basis; and
22		(6) if all attempts to resolve the consumer
23		complaint as provided for in paragraphs (1) through
24		(5) fail, then the cemetery authority may be subject
25		to proceedings for penalties and discipline under this
26		Article when it is determined by the Department that

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1		the cemetery authority may have engaged in any of the
2		following: (i) gross malpractice; (ii) dishonorable,
3		unethical, or unprofessional conduct of a character
4		likely to deceive, defraud, or harm the public; (iii)
5		gross, willful, or continued overcharging for
6		services; (iv) incompetence; (v) unjustified failure
7		to honor its contracts; or (vi) failure to adequately
8		maintain its premises. The Department may issue a
9		citation or institute disciplinary action and cause
10		the matter to be prosecuted and may thereafter issue
11		and enforce its final order as provided in this Act.
12		(Source: P.A. 96-863, eff. 3-1-10.)
13		(225 ILCS 411/25-5)
14		(Section scheduled to be repealed on January 1, 2022)
15		Sec. 25-5. Citations.
16		(a) The Department may adopt rules to permit the issuance
17		of citations for non-frivolous complaints. The citation shall
18		be issued to the licensee and shall contain the licensee's
19		name and address, the licensee's license number, a brief
20		factual statement, the Sections of the law allegedly violated,
21		and the penalty imposed. The citation must clearly state that
22		the licensee may choose, in lieu of accepting the citation, to
23		request a hearing. If the licensee does not dispute the matter
24		in the citation with the Department within 30 days after the
25		citation is served, then the citation shall become a final

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1		order and shall constitute discipline. The penalty shall be a
2		fine or other conditions as established by rule.
3		(b) The Department shall adopt rules designating
4		violations for which a citation may be issued. Such rules
5		shall designate as citation violations those violations for
6		which there is no substantial threat to the public health,
7		safety, and welfare. Citations shall not be utilized if there
8		was any significant consumer harm resulting from the
9		violation.
10		(c) A citation must be issued within 6 months after the
11		reporting of a violation that is the basis for the citation.
12		(d) Service of a citation may be made by personal service,
13		regular mail, or email or certified mail to the licensee at the
14		licensee's address of record.
15		(Source: P.A. 96-863, eff. 3-1-10.)
16		(225 ILCS 411/25-10)
17		(Section scheduled to be repealed on January 1, 2022)
18		Sec. 25-10. Grounds for disciplinary action.
19		(a) The Department may refuse to issue or renew a license
20		or may revoke, suspend, place on probation, reprimand, or take
21		other disciplinary or non-disciplinary action as the
22		Department may deem appropriate, including imposing fines not
23		to exceed $10,000 $8,000 for each violation, with regard to
24		any license under this Act, for any one or combination of the
25		following:

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1		(1) Material misstatement in furnishing information to
2		the Department.
3		(2) Violations of this Act, except for Section 20-8,
4		or of the rules adopted under this Act.
5		(3) Conviction of or entry of a plea of guilty or nolo
6		contendere, finding of guilt, jury verdict, or entry of
7		judgment or sentencing, including, but not limited to,
8		convictions, preceding sentences of supervision,
9		conditional discharge, or first offender probation under
10		the law of any jurisdiction of the United States that is
11		(i) a Class X felony or (ii) a felony, an essential element
12		of which is fraud or dishonesty that is directly related
13		to the practice of cemetery operations. Conviction of, or
14		entry of a plea of guilty or nolo contendere to, any crime
15		within the last 10 years that is a Class X felony or higher
16		or is a felony involving fraud and dishonesty under the
17		laws of the United States or any state or territory
18		thereof.
19		(4) Fraud or any misrepresentation in applying for or
20		procuring a license under this Act or in connection with
21		applying for renewal. Making any misrepresentation for the
22		purpose of obtaining licensure or violating any provision
23		of this Act or the rules adopted under this Act.
24		(5) Incompetence or misconduct in the practice of
25		cemetery operations. Professional incompetence.
26		(6) Gross malpractice.

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1		(7) Aiding or assisting another person in violating
2		any provision of this Act or rules adopted under this Act.
3		(8) Failing, within 10 business days, to provide
4		information in response to a written request made by the
5		Department.
6		(9) Engaging in dishonorable, unethical, or
7		unprofessional conduct of a character likely to deceive,
8		defraud, or harm the public.
9		(10) Habitual or excessive use or abuse of drugs
10		defined in law as controlled substances, alcohol,
11		narcotics, stimulants, or any other substances that
12		results in the inability to practice pursuant to the
13		provisions of this Act with reasonable judgment, skill, or
14		safety while acting under the provisions of this Act.
15		Inability to practice with reasonable judgment, skill, or
16		safety as a result of habitual or excessive use of
17		alcohol, narcotics, stimulants, or any other chemical
18		agent or drug.
19		(11) Discipline by another agency, state, territory,
20		foreign country, the District of Columbia, the United
21		States government territory, or any other government
22		agency foreign nation, if at least one of the grounds for
23		the discipline is the same or substantially equivalent to
24		those set forth in this Act Section.
25		(12) Directly or indirectly giving to or receiving
26		from any person, firm, corporation, partnership, or

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1		association any fee, commission, rebate, or other form of
2		compensation for professional services not actually or
3		personally rendered.
4		(13) A finding by the Department that the licensee,
5		after having his or her license placed on probationary
6		status, has violated the terms of probation or failed to
7		comply with such terms.
8		(14) Willfully making or filing false records or
9		reports in his or her practice, including, but not limited
10		to, false records filed with any governmental agency or
11		department.
12		(15) Inability to practice the profession with
13		reasonable judgment, skill, or safety as a result of
14		physical illness, including, but not limited to, loss of
15		motor skill, mental illness, or disability.
16		(16) Failure to comply with an order, decision, or
17		finding of the Department made pursuant to this Act.
18		(17) Directly or indirectly receiving compensation for
19		any professional services not actually performed.
20		(18) Practicing under a false or, except as provided
21		by law, an assumed name.
22		(19) Using or attempting to use an expired, inactive,
23		suspended, or revoked license or impersonating another
24		licensee. Fraud or misrepresentation in applying for, or
25		procuring, a license under this Act or in connection with
26		applying for renewal of a license under this Act.

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1		(20) A finding by the Department that an applicant or
2		licensee has failed to pay a fine imposed by the
3		Department. Cheating on or attempting to subvert the
4		licensing examination administered under this Act.
5		(21) Unjustified failure to honor its contracts.
6		(22) Negligent supervision of a cemetery manager,
7		customer service employee, employee, or independent
8		contractor.
9		(23) (Blank). A pattern of practice or other behavior
10		which demonstrates incapacity or incompetence to practice
11		under this Act.
12		(24) (Blank). Allowing an individual who is not, but
13		is required to be, licensed under this Act to perform work
14		for the cemetery authority.
15		(25) (Blank).
16		(b) No action may be taken under this Act against a person
17		licensed under this Act for an occurrence or alleged
18		occurrence that predates the enactment of this Act unless the
19		action is commenced within 5 years after the occurrence of the
20		alleged violations, except for a violation of item (3) of
21		subsection (a) of this Section. If a person licensed under
22		this Act violates item (3) of subsection (a) of this Section,
23		then the action may commence within 10 years after the
24		occurrence of the alleged violation. A continuing violation
25		shall be deemed to have occurred on the date when the
26		circumstances last existed that give rise to the alleged

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1		violation.
2		(c) In enforcing this Section, the Department, upon a
3		showing of a possible violation, may order a licensee or
4		applicant to submit to a mental or physical examination, or
5		both, at the expense of the Department. The Department may
6		order the examining physician to present testimony concerning
7		his or her examination of the licensee or applicant. No
8		information shall be excluded by reason of any common law or
9		statutory privilege relating to communications between the
10		licensee or applicant and the examining physician. The
11		examining physicians shall be specifically designated by the
12		Department. The licensee or applicant may have, at his or her
13		own expense, another physician of his or her choice present
14		during all aspects of the examination. Failure of a licensee
15		or applicant to submit to any such examination when directed,
16		without reasonable cause, shall be grounds for either
17		immediate suspending of his or her license or immediate denial
18		of his or her application.
19		(1) If the Secretary immediately suspends the license
20		of a licensee for his or her failure to submit to a mental
21		or physical examination when directed, a hearing must be
22		convened by the Department within 15 days after the
23		suspension and completed without appreciable delay.
24		(2) If the Secretary otherwise suspends a license
25		pursuant to the results of the licensee's mental or
26		physical examination, a hearing must be convened by the

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1		Department within 15 days after the suspension and
2		completed without appreciable delay. The Department shall
3		have the authority to review the licensee's record of
4		treatment and counseling regarding the relevant impairment
5		or impairments to the extent permitted by applicable
6		federal statutes and regulations safeguarding the
7		confidentiality of medical records.
8		(3) Any licensee suspended under this subsection shall
9		be afforded an opportunity to demonstrate to the
10		Department that he or she can resume practice in
11		compliance with the acceptable and prevailing standards
12		under the provisions of his or her license.
13		(d) The determination by a circuit court that a licensee
14		is subject to involuntary admission or judicial admission, as
15		provided in the Mental Health and Developmental Disabilities
16		Code, operates as an automatic suspension. Such suspension may
17		end only upon a finding by a court that the patient is no
18		longer subject to involuntary admission or judicial admission,
19		the issuance of an order so finding and discharging the
20		patient, and the filing of a petition for restoration
21		demonstrating fitness to practice.
22		(e) In cases where the Department of Healthcare and Family
23		Services has previously determined that a licensee or a
24		potential licensee is more than 30 days delinquent in the
25		payment of child support and has subsequently certified the
26		delinquency to the Department, the Department shall refuse to

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1		issue or renew or shall revoke or suspend that person's
2		license or shall take other disciplinary action against that
3		person based solely upon the certification of delinquency made
4		by the Department of Healthcare and Family Services under
5		paragraph (5) of subsection (a) of Section 2105-15 of the
6		Department of Professional Regulation Law of the Civil
7		Administrative Code of Illinois.
8		(f) The Department shall refuse to issue or renew or shall
9		revoke or suspend a person's license or shall take other
10		disciplinary action against that person for his or her failure
11		to file a return, to pay the tax, penalty, or interest shown in
12		a filed return, or to pay any final assessment of tax, penalty,
13		or interest as required by any tax Act administered by the
14		Department of Revenue, until the requirements of the tax Act
15		are satisfied in accordance with subsection (g) of Section
16		2105-15 of the Department of Professional Regulation Law of
17		the Civil Administrative Code of Illinois.
18		(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
19		(225 ILCS 411/25-15)
20		(Section scheduled to be repealed on January 1, 2022)
21		Sec. 25-15. Injunction; cease Cease and desist order.
22		(a) If any person or entity violates a provision of this
23		Act, the Secretary may, in the name of the People of the State
24		of Illinois, through the Attorney General of the State of
25		Illinois, petition for an order enjoining such violation or

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1		for an order enforcing compliance with this Act. Upon the
2		filing of a verified petition in such court, the court may
3		issue a temporary restraining order, without notice or bond,
4		and may preliminarily and permanently enjoin such violation.
5		If it is established that such person or entity has violated or
6		is violating the injunction, the court may punish the offender
7		for contempt of court. Proceedings under this Section are in
8		addition to, and not in lieu of, all other remedies and
9		penalties provided by this Act. The Secretary may issue an
10		order to cease and desist to any licensee or other person doing
11		business without the required license when, in the opinion of
12		the Secretary, the licensee or other person is violating or is
13		about to violate any provision of this Act or any rule or
14		requirement imposed in writing by the Department.
15		(b) Whenever in the opinion of the Department any person
16		or entity violates any provision of this Act, the Department
17		may issue a rule to show cause why an order to cease and desist
18		should not be entered against them. The rule shall clearly set
19		forth the grounds relied upon by the Department and shall
20		provide a period of 7 days from the date of the rule to file an
21		answer to the satisfaction of the Department. Failure to
22		answer to the satisfaction of the Department shall cause an
23		order to cease and desist to be issued immediately. The
24		Secretary may issue an order to cease and desist prior to a
25		hearing and such order shall be in full force and effect until
26		a final administrative order is entered.

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1		(c) The Secretary shall serve notice of his or her action,
2		designated as an order to cease and desist made pursuant to
3		this Section, including a statement of the reasons for the
4		action, either personally or by certified mail, return receipt
5		requested. Service by certified mail shall be deemed completed
6		when the notice is deposited in the United States mail and sent
7		to the address of record or, in the case of unlicensed
8		activity, the address known to the Department.
9		(d) Within 15 days after service of the order to cease and
10		desist, the licensee or other person may request, in writing,
11		a hearing.
12		(e) The Secretary shall schedule a hearing within 30 days
13		after the request for a hearing unless otherwise agreed to by
14		the parties.
15		(f) The Secretary shall have the authority to prescribe
16		rules for the administration of this Section.
17		(g) If, after hearing, it is determined that the Secretary
18		has the authority to issue the order to cease and desist, he or
19		she may issue such orders as may be reasonably necessary to
20		correct, eliminate, or remedy such conduct.
21		(h) The powers vested in the Secretary by this Section are
22		additional to any and all other powers and remedies vested in
23		the Secretary by law and nothing in this Section shall be
24		construed as requiring that the Secretary shall employ the
25		power conferred in this Section instead of or as a condition
26		precedent to the exercise of any other power or remedy vested

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1		in the Secretary.
2		(Source: P.A. 96-863, eff. 3-1-10.)
3		(225 ILCS 411/25-25)
4		(Section scheduled to be repealed on January 1, 2022)
5		Sec. 25-25. Investigations, notice, hearings.
6		(a) The Department may investigate the actions of any
7		applicant or of any person or entity holding or claiming to
8		hold a license under this Act. The Department may at any time
9		investigate the actions of any applicant or of any person or
10		persons rendering or offering to render services as a cemetery
11		authority, cemetery manager, or customer service employee of
12		or any person holding or claiming to hold a license as a
13		licensed cemetery authority, cemetery manager, or customer
14		service employee. If it appears to the Department that a
15		person has engaged in, is engaging in, or is about to engage in
16		any practice declared to be unlawful by this Act, then the
17		Department may: (1) require that person to file on such terms
18		as the Department prescribes a statement or report in writing,
19		under oath or otherwise, containing all information the
20		Department may consider necessary to ascertain whether a
21		licensee is in compliance with this Act, or whether an
22		unlicensed person is engaging in activities for which a
23		license is required; (2) examine under oath any individual in
24		connection with the books and records pertaining to or having
25		an impact upon the operation of a cemetery; (3) examine any

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1		books and records of the licensee that the Department may
2		consider necessary to ascertain compliance with this Act; and
3		(4) require the production of a copy of any record, book,
4		document, account, or paper that is produced in accordance
5		with this Act and retain it in his or her possession until the
6		completion of all proceedings in connection with which it is
7		produced.
8		(b) The Department shall, before disciplining an applicant
9		or licensee, at least 30 days prior to the date set for the
10		hearing: (i) notify, in writing, the accused of the charges
11		made and the time and place for the hearing on the charges,
12		(ii) direct him or her to file a written answer to the charges
13		under oath within 20 days after service of the notice, and
14		(iii) inform the applicant or licensee that failure to file an
15		answer will result in a default being entered against the
16		applicant or licensee. The Secretary may, after 10 days notice
17		by certified mail with return receipt requested to the
18		licensee at the address of record or to the last known address
19		of any other person stating the contemplated action and in
20		general the grounds therefor, fine such licensee an amount not
21		exceeding $10,000 per violation or revoke, suspend, refuse to
22		renew, place on probation, or reprimand any license issued
23		under this Act if he or she finds that:
24		(1) the licensee has failed to comply with any
25		provision of this Act or any order, decision, finding,
26		rule, regulation, or direction of the Secretary lawfully

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1		made pursuant to the authority of this Act; or
2		(2) any fact or condition exists which, if it had
3		existed at the time of the original application for the
4		license, clearly would have warranted the Secretary in
5		refusing to issue the license.
6		(c) Written or electronic notice, and any notice in the
7		subsequent proceedings, may be served by personal delivery, by
8		email, or by mail to the applicant or licensee at his or her
9		address of record or email address of record. The Secretary
10		may fine, revoke, suspend, refuse to renew, place on
11		probation, reprimand, or take any other disciplinary action as
12		to the particular license with respect to which grounds for
13		the fine, revocation, suspension, refuse to renew, probation,
14		or reprimand, or other disciplinary action occur or exist, but
15		if the Secretary finds that grounds for revocation are of
16		general application to all offices or to more than one office
17		of the licensee, the Secretary shall fine, revoke, suspend,
18		refuse to renew, place on probation, reprimand, or otherwise
19		discipline every license to which such grounds apply.
20		(d) At the time and place fixed in the notice, the hearing
21		officer appointed by the Secretary shall proceed to hear the
22		charges and the parties or their counsel shall be accorded
23		ample opportunity to present any statement, testimony,
24		evidence, and argument as may be pertinent to the charges or to
25		their defense. The hearing officer may continue the hearing
26		from time to time. In every case in which a license is revoked,

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1		suspended, placed on probation, reprimanded, or otherwise
2		disciplined, the Secretary shall serve the licensee with
3		notice of his or her action, including a statement of the
4		reasons for his or her actions, either personally or by
5		certified mail, return receipt requested. Service by certified
6		mail shall be deemed completed when the notice is deposited in
7		the United States mail and sent to the address of record.
8		(e) In case the licensee or applicant, after receiving the
9		notice, fails to file an answer, his or her license may, in the
10		discretion of the Secretary, be suspended, revoked, or placed
11		on probationary status, or be subject to whatever disciplinary
12		action the Secretary considers proper, including limiting the
13		scope, nature, or extent of the person's practice or
14		imposition of a fine, without hearing, if the act or acts
15		charged constitute sufficient grounds for the action under
16		this Act. An order assessing a fine, an order revoking,
17		suspending, placing on probation, or reprimanding a license
18		or, an order denying renewal of a license shall take effect
19		upon service of the order unless the licensee requests, in
20		writing, within 20 days after the date of service, a hearing.
21		In the event a hearing is requested, an order issued under this
22		Section shall be stayed until a final administrative order is
23		entered.
24		(f) If the licensee requests a hearing, then the Secretary
25		shall schedule a hearing within 30 days after the request for a
26		hearing unless otherwise agreed to by the parties. The

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1		Secretary shall have the authority to appoint an attorney duly
2		licensed to practice law in the State of Illinois to serve as
3		the hearing officer in any disciplinary action with regard to
4		a license. The hearing officer shall have full authority to
5		conduct the hearing.
6		(g) The hearing shall be held at the time and place
7		designated by the Secretary.
8		(h) The Secretary shall have the authority to prescribe
9		rules for the administration of this Section.
10		(i) Fines imposed and any costs assessed shall be paid
11		within 60 days.
12		(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
13		(225 ILCS 411/25-26 new)
14		Sec. 25-26. Hearing officer. Notwithstanding any provision
15		of this Act, the Secretary has the authority to appoint an
16		attorney licensed to practice law in the State of Illinois to
17		serve as the hearing officer in any action for refusal to issue
18		or renew a license or discipline a license. The hearing
19		officer shall have full authority to conduct the hearing. The
20		hearing officer shall report his or her findings of fact,
21		conclusions of law, and recommendations to the Secretary.
22		(225 ILCS 411/25-30)
23		(Section scheduled to be repealed on January 1, 2022)
24		Sec. 25-30. Hearing; motion for rehearing Consent order.

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1		(a) The hearing officer appointed by the Secretary shall
2		hear evidence in support of the formal charges and evidence
3		produced by the licensee. At the conclusion of the hearing,
4		the hearing officer shall present to the Secretary a written
5		report of his or her findings of fact, conclusions of law, and
6		recommendations.
7		(b) At the conclusion of the hearing, a copy of the hearing
8		officer's report shall be served upon the applicant or
9		licensee, either personally or as provided in this Act for the
10		service of the notice of hearing. Within 20 calendar days
11		after such service, the applicant or licensee may present to
12		the Department a motion, in writing, for a rehearing which
13		shall specify the particular grounds for rehearing. The
14		Department may respond to the motion for rehearing within 20
15		calendar days after its service on the Department. If no
16		motion for rehearing is filed, then upon the expiration of the
17		time specified for filing such a motion, or upon denial of a
18		motion for rehearing, the Secretary may enter an order in
19		accordance with the recommendations of the hearing officer. If
20		the applicant or licensee orders from the reporting service
21		and pays for a transcript of the record within the time for
22		filing a motion for rehearing, the 20 calendar day period
23		within which a motion may be filed shall commence upon
24		delivery of the transcript to the applicant or licensee.
25		(c) If the Secretary disagrees in any regard with the
26		report of the hearing officer, the Secretary may issue an

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1		order contrary to the report.
2		(d) Whenever the Secretary is not satisfied that
3		substantial justice has been done, the Secretary may order a
4		hearing by the same or another hearing officer.
5		(e) At any point in any investigation or disciplinary
6		proceeding provided for in this Act, both parties may agree to
7		a negotiated consent order. The consent order shall be final
8		upon signature of the Secretary.
9		At any point in any investigation or disciplinary proceeding
10		provided for in this Act, both parties may agree to a
11		negotiated consent order. The consent order shall be final
12		upon signature of the Secretary.
13		(Source: P.A. 96-863, eff. 3-1-10.)
14		(225 ILCS 411/25-35)
15		(Section scheduled to be repealed on January 1, 2022)
16		Sec. 25-35. Record of proceedings; transcript.
17		(a) The Department, at its expense, shall provide a
18		certified shorthand reporter to take down the testimony and
19		preserve a record of all proceedings at the hearing of any case
20		in which a licensee may be revoked, suspended, placed on
21		probationary status, reprimanded, fined, or subjected to other
22		disciplinary action with reference to the license when a
23		disciplinary action is authorized under this Act and rules.
24		The notice of hearing, complaint, and all other documents in
25		the nature of pleadings and written portions filed in the

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1		proceedings, the transcript of the testimony, the report of
2		the hearing officer, and the orders of the Department shall be
3		the record of the proceedings. The record may be made
4		available to any person interested in the hearing upon payment
5		of the fee required by Section 2105-115 of the Department of
6		Professional Regulation Law shall preserve a record of all
7		proceedings at the formal hearing of any case. Any notice, all
8		documents in the nature of pleadings, written motions filed in
9		the proceedings, the transcripts of testimony, and orders of
10		the Department shall be in the record of the proceeding.
11		(b) The Department may contract for court reporting
12		services, and, if it does so, the Department shall provide the
13		name and contact information for the certified shorthand
14		reporter who transcribed the testimony at a hearing to any
15		person interested, who may obtain a copy of the transcript of
16		any proceedings at a hearing upon payment of the fee specified
17		by the certified shorthand reporter.
18		(Source: P.A. 96-863, eff. 3-1-10.)
19		(225 ILCS 411/25-90)
20		(Section scheduled to be repealed on January 1, 2022)
21		Sec. 25-90. Restoration of license from discipline.
22		(a) At any time after the successful completion of a term
23		of indefinite probation, suspension, or revocation of a
24		license under this Act, the Department may restore the license
25		to the licensee, unless after an investigation and a hearing

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1		the Secretary determines that restoration is not in the public
2		interest.
3		(b) Where circumstances of suspension or revocation so
4		indicate, the Department may require an examination of the
5		licensee prior to restoring his or her license.
6		(c) No person whose license has been revoked as authorized
7		in this Act may apply for restoration of that license until
8		such time as provided for in the Civil Administrative Code of
9		Illinois.
10		(d) A license that has been suspended or revoked shall be
11		considered non-renewed for purposes of restoration and a
12		licensee restoring his or her license from suspension or
13		revocation must comply with the requirements for restoration
14		as set forth in Section 10-40.
15		(Source: P.A. 96-863, eff. 3-1-10.)
16		(225 ILCS 411/25-95)
17		(Section scheduled to be repealed on January 1, 2022)
18		Sec. 25-95. Administrative review; venue.
19		(a) All final administrative decisions of the Department
20		are subject to judicial review under the Administrative Review
21		Law and its rules. The term "administrative decision" is
22		defined as in Section 3-101 of the Code of Civil Procedure.
23		(b) Proceedings for judicial review shall be commenced in
24		the circuit court of the county in which the party applying for
25		review resides, but if the party is not a resident of Illinois,

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1		the venue shall be in Sangamon County.
2		(c) The Department shall not be required to certify any
3		record to the court or file any answer in court, or to
4		otherwise appear in any court in a judicial review proceeding,
5		unless and until the Department has received from the
6		plaintiff payment of the costs of furnishing and certifying
7		the record, which costs shall be determined by the Department.
8		(d) Failure on the part of the plaintiff to file a receipt
9		in court shall be grounds for dismissal of the action.
10		(Source: P.A. 96-863, eff. 3-1-10.)
11		(225 ILCS 411/25-105)
12		(Section scheduled to be repealed on January 1, 2022)
13		Sec. 25-105. Unlicensed practice; violations; civil
14		penalty Violations.
15		(a) Any person who practices, offers to practice, attempts
16		to practice, or hold himself or herself out as a cemetery
17		manager or customer service employee as provided in this Act
18		without being licensed or exempt under this Act shall, in
19		addition to any other penalty provided by law, pay a civil
20		penalty to the Department in an amount not to exceed $10,000
21		for each offense, as determined by the Department. The civil
22		penalty shall be assessed by the Department after a hearing is
23		held in accordance with the provision set forth in this Act
24		regarding the provision of a hearing for the discipline of a
25		licensee.

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1		(b) The Department may investigate any actual, alleged, or
2		suspected unlicensed activity.
3		(c) The civil penalty shall be paid within 60 days after
4		the effective date of the order imposing the civil penalty.
5		The order shall constitute a judgment and may be filed and
6		execution had thereon in the same manner as any judgment from
7		any court of record.
8		(d) A person or entity not licensed under this Act who has
9		violated any provision of this Act or its rules is guilty of a
10		Class A misdemeanor for the first offense and a Class 4 felony
11		for a second and subsequent offenses.
12		Each of the following acts is a Class A misdemeanor for the
13		first offense and a Class 4 felony for each subsequent
14		offense:
15		(1) the practice of or attempted practice of or
16		holding out as available to practice as a cemetery
17		authority, cemetery manager, or customer service employee
18		without a license; or
19		(2) the obtaining of or the attempt to obtain any
20		license or authorization under this Act by fraud or
21		misrepresentation.
22		(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
23		(225 ILCS 411/25-115)
24		(Section scheduled to be repealed on January 1, 2022)
25		Sec. 25-115. Illinois Administrative Procedure Act;

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1		application. The Illinois Administrative Procedure Act is
2		expressly adopted and incorporated in this Act as if all of the
3		provisions of that Act were included in this Act, except that
4		the provision of paragraph (d) of Section 10-65 of the
5		Illinois Administrative Procedure Act, which provides that at
6		hearings the licensee has the right to show compliance with
7		all lawful requirements for retention or continuation or
8		renewal of the license, is specifically excluded. The
9		Department shall not be required to annually verify email
10		addresses as specified in paragraph (a) of subsection (2) of
11		Section 10-75 of the Illinois Administrative Procedure Act.
12		For the purpose of this Act, the notice required under Section
13		10-25 of the Illinois Administrative Procedure Act is
14		considered sufficient when mailed to the address of record or
15		emailed to the email address of record.
16		(Source: P.A. 96-863, eff. 3-1-10.)
17		(225 ILCS 411/35-5)
18		(Section scheduled to be repealed on January 1, 2022)
19		Sec. 35-5. Penalties. Cemetery authorities shall respect
20		the rights of consumers of cemetery products and services as
21		put forth in this Article. Failure to abide by the cemetery
22		duties listed in this Article or to comply with a request by a
23		consumer based on a consumer's privileges under this Article
24		may activate the mediation, citation, or disciplinary
25		processes in Article 25 of this Act.

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1		(Source: P.A. 96-863, eff. 3-1-10.)
2		(225 ILCS 411/35-15)
3		(Section scheduled to be repealed on January 1, 2022)
4		Sec. 35-15. Cemetery duties.
5		(a) Prices for all cemetery-related products offered for
6		sale by the cemetery authority must be disclosed to the
7		consumer in writing on a standardized price list.
8		Memorialization pricing may be disclosed in price ranges. The
9		price list shall include the effective dates of the prices.
10		The price list shall include not only the range of interment,
11		inurnment, and entombment rights, and the cost of extending
12		the term of any term burial, but also any related merchandise
13		or services offered by the cemetery authority. Charges for
14		installation of markers, monuments, and vaults in cemeteries
15		must be the same without regard to where the item is purchased.
16		(b) A contract for the interment, inurnment, or entombment
17		of human remains must be signed by both parties: the consumer
18		and the cemetery authority or its representative. Such
19		signature shall be personally signed by the signor on either
20		paper or electronic format and shall not include a stamp or
21		electronic facsimile of the signature. Before a contract is
22		signed, the prices for the purchased services and merchandise
23		must be disclosed on the contract and in plain language. If a
24		contract is for a term burial, the term, the option to extend
25		the term, and the subsequent disposition of the human remains

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1		post-term must be in bold print and discussed with the
2		consumer. Any contract for the sale of a burial plot, when
3		designated, must disclose the exact location of the burial
4		plot based on the survey of the cemetery map or plat on file
5		with the cemetery authority.
6		(c) A cemetery authority that has the legal right to
7		extend a term burial shall, prior to disinterment, provide the
8		family or other authorized agent under the Disposition of
9		Remains Act the opportunity to extend the term of a term burial
10		for the cost as stated on the cemetery authority's current
11		price list. Regardless of whether the family or other
12		authorized agent chooses to extend the term burial, the
13		cemetery authority shall, prior to disinterment, provide
14		notice to the family or other authorized agent under the
15		Disposition of Remains Act of the cemetery authority's
16		intention to disinter the remains and to inter different human
17		remains in that space.
18		(d) If any rules or regulations, including the operational
19		or maintenance requirements, of a cemetery change after the
20		date a contract is signed for the purchase of cemetery-related
21		or funeral-related products or services, the cemetery may not
22		require the consumer, purchaser, or such individual's relative
23		or representative to purchase any merchandise or service not
24		included in the original contract or in the rules and
25		regulations in existence when the contract was entered unless
26		the purchase is reasonable or required to make the cemetery

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1		authority compliant with applicable law.
2		(e) No cemetery authority or its agent may engage in
3		deceptive or unfair practices. The cemetery authority and its
4		agents may not misrepresent legal or cemetery requirements.
5		(f) The Department may adopt rules regarding green burial
6		certification, green cremation products and methods, and
7		consumer education.
8		(g) The contractual requirements contained in this Section
9		only apply to contracts executed after the effective date of
10		this Act.
11		(Source: P.A. 96-863, eff. 3-1-10.)
12		(225 ILCS 411/75-45)
13		(Section scheduled to be repealed on January 1, 2022)
14		Sec. 75-45. Fees. The Department shall by rule provide for
15		fees for the administration and enforcement of this Act, and
16		those fees are nonrefundable. All of the fees, and fines, and
17		all other moneys collected under this Act and fees collected
18		on behalf of the Department under subsection (1) of Section 25
19		of the Vital Records Act shall be deposited into the Cemetery
20		Oversight Licensing and Disciplinary Fund and be appropriated
21		to the Department for the ordinary and contingent expenses of
22		the Department in the administration and enforcement of this
23		Act.
24		(Source: P.A. 96-863, eff. 3-1-10.)

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1		(225 ILCS 411/25-1 rep.)
2		(225 ILCS 411/25-50 rep.)
3		(225 ILCS 411/25-55 rep.)
4		(225 ILCS 411/25-60 rep.)
5		(225 ILCS 411/25-100 rep.)
6		(225 ILCS 411/25-110 rep.)
7		(225 ILCS 411/25-120 rep.)
8		(225 ILCS 411/25-125 rep.)
9		(225 ILCS 411/75-20 rep.)
10		(225 ILCS 411/75-35 rep.)
11		Section 45. The Cemetery Oversight Act is amended by
12		repealing Sections 25-1, 25-50, 25-55, 25-60, 25-100, 25-110,
13		25-120, 25-125, 75-20, and 75-35.
14		Section 50. The Community Association Manager Licensing
15		and Disciplinary Act is amended by changing Sections 10, 15,
16		20, 25, 27, 30, 40, 45, 50, 55, 60, 65, 70, 75, 85, 90, 92, 95,
17		115, 120, 140, 145, 155, and 165 and by adding Sections 12, 41,
18		85.1, 86, 161, and 162 as follows:
19		(225 ILCS 427/10)
20		(Section scheduled to be repealed on January 1, 2022)
21		Sec. 10. Definitions. As used in this Act:
22		"Address of record" means the designated street address,
23		which may not be a post office box, recorded by the Department
24		in the applicant's or licensee's application file or license

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1		file maintained by the Department Department's licensure
2		maintenance unit. It is the duty of the applicant or licensee
3		to inform the Department of any change of address, and such
4		changes must be made either through the Department's website
5		or by contacting the Department's licensure maintenance unit.
6		"Advertise" means, but is not limited to, issuing or
7		causing to be distributed any card, sign or device to any
8		person; or causing, permitting or allowing any sign or marking
9		on or in any building, structure, newspaper, magazine or
10		directory, or on radio or television; or advertising by any
11		other means designed to secure public attention, including,
12		but not limited to, print, electronic, social media, and
13		digital forums.
14		"Board" means the Community Association Manager Licensing
15		and Disciplinary Board.
16		"Community association" means an association in which
17		membership is a condition of ownership or shareholder interest
18		of a unit in a condominium, cooperative, townhouse, villa, or
19		other residential unit which is part of a residential
20		development plan and that is authorized to impose an
21		assessment, rents, or other costs that may become a lien on the
22		unit or lot.
23		"Community association funds" means any assessments, fees,
24		fines, or other funds collected by the community association
25		manager from the community association, or its members, other
26		than the compensation paid to the community association

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1		manager for performance of community association management
2		services.
3		"Community association management firm" means a company,
4		corporation, limited liability company, partnership, or other
5		entity that engages in community association management
6		services.
7		"Community association management services" means those
8		services listed in the definition of community association
9		manager in this Section.
10		"Community association manager" means an individual who:
11		(1) has an ownership interest in or is employed by a
12		community association management firm, or is directly
13		employed by or provides services as an independent
14		contractor to a community association; and
15		(2) administers for remuneration the financial,
16		administrative, maintenance, or other duties for the
17		community association, including the following services:
18		(A) collecting, controlling or disbursing funds of
19		the community association or having the authority to
20		do so;
21		(B) preparing budgets or other financial documents
22		for the community association;
23		(C) assisting in the conduct of community
24		association meetings;
25		(D) maintaining association records; and
26		(E) administering administrating association

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1		contracts or procuring goods and services in
2		accordance with , as stated in the declaration, bylaws,
3		proprietary lease, declaration of covenants, or other
4		governing document of the community association or at
5		the direction of the board of managers; and
6		(F) coordinating financial, administrative,
7		maintenance, or other duties called for in the
8		management contract, including individuals who are
9		direct employees of the community association.
10		"Community association manager" does not mean support
11		staff, including, but not limited to bookkeepers,
12		administrative assistants, secretaries, property inspectors,
13		or customer service representatives.
14		"Department" means the Department of Financial and
15		Professional Regulation.
16		"Designated community association manager" means a
17		licensed community association manager who: (1) has an
18		ownership interest in or is employed by a community
19		association management firm to act as a controlling person;
20		and (2) is the authorized signatory or has delegated signing
21		authority for the firm on community association accounts; and
22		(3) supervises, manages, and is responsible for the firm's
23		community association manager activities pursuant to Section
24		50 of this Act.
25		"Email address of record" means the designated email
26		address recorded by the Department in the applicant's

HB0806 Enrolled - 232 - LRB102 02614 SPS 12617 b
1		application file or the licensee's license file, as maintained
2		by the Department.
3		"License" means the privilege conferred by the Department
4		to a person that has fulfilled all requirements prerequisite
5		to any type of licensure under this Act license issued to a
6		person, corporation, partnership, limited liability company,
7		or other legal entity under this Act to provide community
8		association management services.
9		"Licensee" means a community association manager or a
10		community association management firm.
11		"Person" means any individual, corporation, partnership,
12		limited liability company, or other legal entity.
13		"Secretary" means the Secretary of Financial and
14		Professional Regulation or the Secretary's designee.
15		"Supervising community association manager" means an
16		individual licensed as a community association manager who
17		manages and supervises a firm.
18		(Source: P.A. 100-201, eff. 8-18-17.)
19		(225 ILCS 427/12 new)
20		Sec. 12. Address of record; email address of record. All
21		applicants and licensees shall:
22		(1) provide a valid address and email address to the
23		Department, which shall serve as the address of record and
24		email address of record, respectively, at the time of
25		application for licensure or renewal of a license; and

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1		(2) inform the Department of any change of address of
2		record or email address of record within 14 days after
3		such change through the Department's website or in a
4		manner prescribed by the Department.
5		(225 ILCS 427/15)
6		(Section scheduled to be repealed on January 1, 2022)
7		Sec. 15. License required. It shall be unlawful for any
8		person, corporation, partnership, limited liability company,
9		or other entity to provide community association management
10		services, provide services as a community association manager,
11		or hold the person himself, herself, or itself out as a
12		community association manager or community association
13		management firm to any community association in this State,
14		unless the person holds he, she, or it holds a current and
15		valid license issued licensed by the Department or the person
16		is otherwise exempt from licensure under this Act.
17		(Source: P.A. 98-365, eff. 1-1-14.)
18		(225 ILCS 427/20)
19		(Section scheduled to be repealed on January 1, 2022)
20		Sec. 20. Exemptions.
21		(a) The requirement for holding a license under this Act
22		shall not apply to any of the following:
23		(1) Any director or , officer, or member of a community
24		association providing one or more of the services of a

HB0806 Enrolled - 234 - LRB102 02614 SPS 12617 b
1		community association manager to a community association
2		without compensation for such services to the association.
3		(2) Any person, corporation, partnership, or limited
4		liability company providing one or more of the services of
5		a community association manager to a community association
6		of 10 units or less.
7		(3) A licensed attorney acting solely as an incident
8		to the practice of law.
9		(4) An individual A person acting as a receiver,
10		trustee in bankruptcy, administrator, executor, or
11		guardian acting under a court order or under the authority
12		of a court will or of a trust instrument.
13		(5) A person licensed in this State under any other
14		Act who engages in practices or activities specifically
15		authorized by the Act pursuant to which the license was
16		granted from engaging the practice for which he or she is
17		licensed.
18		(b) A licensed community association manager may not
19		perform or engage in any activities for which a real estate
20		managing broker, or real estate broker, or residential leasing
21		agent broker's license is required under the Real Estate
22		License Act of 2000, unless the licensee he or she also
23		possesses a current and valid license under the Real Estate
24		License Act of 2000 and is providing those services as
25		provided for in the Real Estate License Act of 2000 and the
26		applicable rules.

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1		(c) (Blank). A person may temporarily act as, or provide
2		services as, a community association manager without being
3		licensed under this Act if the person (i) is a community
4		association manager regulated under the laws of another state
5		or territory of the United States or another country and (ii)
6		has applied in writing to the Department, on forms prepared
7		and furnished by the Department, for licensure under this Act.
8		This temporary right to act as a community association manager
9		shall expire 6 months after the filing of his or her written
10		application to the Department; upon the withdrawal of the
11		application for licensure under this Act; or upon delivery of
12		a notice of intent to deny the application from the
13		Department; or upon the denial of the application by the
14		Department, whichever occurs first.
15		(Source: P.A. 98-365, eff. 1-1-14.)
16		(225 ILCS 427/25)
17		(Section scheduled to be repealed on January 1, 2022)
18		Sec. 25. Community Association Manager Licensing and
19		Disciplinary Board.
20		(a) There is hereby created the Community Association
21		Manager Licensing and Disciplinary Board, which shall consist
22		of 7 members appointed by the Secretary. All members must be
23		residents of the State and must have resided in the State for
24		at least 5 years immediately preceding the date of
25		appointment. Five members of the Board must be licensees under

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1		this Act, at least two members of which shall be supervising
2		community association managers. Two members of the Board shall
3		be owners of, or hold a shareholder's interest in, a unit in a
4		community association at the time of appointment who are not
5		licensees under this Act and have no direct affiliation or
6		work experience with the community association's community
7		association manager. This Board shall act in an advisory
8		capacity to the Department.
9		(b) The term of each member Members serving on the Board on
10		the effective date of this amendatory Act of the 100th General
11		Assembly may serve the remainder of their unexpired terms.
12		Thereafter, the members' terms shall be for 4 years or until
13		that member's successor is appointed and expire upon
14		completion of the term. No member shall be reappointed to the
15		Board for a term that would cause the member's his or her
16		cumulative service to the Board to exceed 10 years.
17		Appointments to fill vacancies shall be made by the Secretary
18		for the unexpired portion of the term. The Secretary shall
19		remove from the Board any member whose license has become void
20		or has been revoked or suspended and may remove any member of
21		the Board for neglect of duty, misconduct, or incompetence. A
22		member who is subject to formal disciplinary proceedings shall
23		be disqualified disqualify himself or herself from all Board
24		business until the charge is resolved. A member also shall be
25		disqualified disqualify himself or herself from any matter on
26		which the member cannot act objectively.

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1		(c) Four Board members shall constitute a quorum. A quorum
2		is required for all Board decisions.
3		(d) The Board shall elect annually, at its first meeting
4		of the fiscal year, a chairperson and vice chairperson.
5		(e) Each member shall receive reimbursement as set by the
6		Governor's Travel Control Board for expenses incurred in
7		carrying out the duties as a Board member. The Board shall be
8		compensated as determined by the Secretary.
9		(f) The Board may recommend policies, procedures, and
10		rules relevant to the administration and enforcement of this
11		Act.
12		(Source: P.A. 100-886, eff. 8-14-18.)
13		(225 ILCS 427/27)
14		(Section scheduled to be repealed on January 1, 2022)
15		Sec. 27. Immunity from liability. Any member of the Board,
16		any attorney providing advice to the Board or Department, any
17		person acting as a consultant to the Board or Department, and
18		any witness testifying in a proceeding authorized under this
19		Act, excluding the party making the complaint, shall be immune
20		from liability in any civil action brought against him or her
21		for acts occurring while acting in one's his or her capacity as
22		a Board member, attorney, consultant, or witness,
23		respectively, unless the conduct that gave rise to the action
24		was willful or wanton misconduct.
25		(Source: P.A. 98-365, eff. 1-1-14.)

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1		(225 ILCS 427/30)
2		(Section scheduled to be repealed on January 1, 2022)
3		Sec. 30. Powers and duties of the Department. The
4		Department may exercise the following functions, powers and
5		duties:
6		(a) formulate rules for the administration and
7		enforcement of this Act;
8		(b) prescribe forms to be issued for the
9		administration and enforcement of this Act and utilize
10		regular or electronic mail, at the discretion of the
11		Department, to send notices and other information to
12		applicants and licensees;
13		(c) conduct hearings or proceedings to refuse to issue
14		or , renew, or to suspend, revoke, place on probation,
15		reprimand, or take disciplinary or non-disciplinary action
16		as the Department may deem appropriate under this Act;
17		(d) (blank); maintain a roster of the names and
18		addresses of all licensees in a manner as deemed
19		appropriate by the Department; and
20		(e) seek the advice and expert knowledge of the Board
21		on any matter relating to the administration and
22		enforcement of this Act; and .
23		(f) exercise any and all general powers and duties set
24		forth in Section 2105-15 of the Department of Professional
25		Regulation Law of the Civil Administrative Code of

HB0806 Enrolled - 239 - LRB102 02614 SPS 12617 b
1		Illinois.
2		(Source: P.A. 96-726, eff. 7-1-10.)
3		(225 ILCS 427/40)
4		(Section scheduled to be repealed on January 1, 2022)
5		Sec. 40. Qualifications for licensure as a community
6		association manager.
7		(a) No person shall be qualified for licensure as a
8		community association manager under this Act, unless the
9		person he or she has applied in writing on the prescribed forms
10		and has paid the required, nonrefundable fees and has met
11		meets all of the following qualifications:
12		(1) Is He or she is at least 18 years of age.
13		(1.5) Successfully completed a 4-year course of study
14		in a high school, secondary school, or an equivalent
15		course of study approved by the state in which the school
16		is located, or possess a high school equivalency
17		certificate, which shall be verified under oath by the
18		applicant.
19		(2) Provided He or she provides satisfactory evidence
20		of having completed at least 20 classroom hours in
21		community association management courses approved by the
22		Board.
23		(3) Passed He or she has passed an examination
24		authorized by the Department.
25		(4) Has He or she has not committed an act or acts, in

HB0806 Enrolled - 240 - LRB102 02614 SPS 12617 b
1		this or any other jurisdiction, that would be a violation
2		of this Act.
3		(5) Is He or she is of good moral character. In
4		determining moral character under this Section, the
5		Department may take into consideration whether the
6		applicant has engaged in conduct or activities that would
7		constitute grounds for discipline under this Act. Good
8		moral character is a continuing requirement of licensure.
9		Conviction of crimes may be used in determining moral
10		character, but shall not constitute an absolute bar to
11		licensure.
12		(6) Has He or she has not been declared by any court of
13		competent jurisdiction to be incompetent by reason of
14		mental or physical defect or disease, unless a court has
15		subsequently declared by a court him or her to be
16		competent.
17		(7) Complies He or she complies with any additional
18		qualifications for licensure as determined by rule of the
19		Department.
20		(b) (Blank). The education requirement set forth in item
21		(2) of subsection (a) of this Section shall not apply to
22		persons holding a real estate managing broker or real estate
23		broker license in good standing issued under the Real Estate
24		License Act of 2000.
25		(c) (Blank). The examination and initial education
26		requirement of items (2) and (3) of subsection (a) of this

HB0806 Enrolled - 241 - LRB102 02614 SPS 12617 b
1		Section shall not apply to any person who within 6 months from
2		the effective date of the requirement for licensure, as set
3		forth in Section 170 of this Act, applies for a license by
4		providing satisfactory evidence to the Department of
5		qualifying experience or education, as may be set forth by
6		rule, including without limitation evidence that he or she has
7		practiced community association management for a period of 5
8		years.
9		(d) Applicants have 3 years from the date of application
10		to complete the application process. If the process has not
11		been completed within the 3 years, the application shall be
12		denied, the fee shall be forfeited, and the applicant must
13		reapply and meet the requirements in effect at the time of
14		re-application.
15		(e) The Department shall not require applicants to report
16		the following information and shall not consider the following
17		criminal history records in connection with an application for
18		licensure:
19		(1) juvenile adjudications of delinquent minors as
20		defined in Section 5-105 of the Juvenile Court Act of 1987
21		subject to the restrictions set forth in Section 5-130 of
22		that Act;
23		(2) law enforcement records, court records, and
24		conviction records of an individual who was 17 years old
25		at the time of the offense and before January 1, 2014,
26		unless the nature of the offense required the individual

HB0806 Enrolled - 242 - LRB102 02614 SPS 12617 b
1		to be tried as an adult;
2		(3) records of arrest not followed by a charge or
3		conviction;
4		(4) records of arrest in which the charges were
5		dismissed unless related to the practice of the
6		profession; however, applicants shall not be asked to
7		report any arrests, and an arrest not followed by a
8		conviction shall not be the basis of a denial and may be
9		used only to assess an applicant's rehabilitation;
10		(5) convictions overturned by a higher court; or
11		(6) convictions or arrests that have been sealed or
12		expunged.
13		(f) An applicant or licensee shall report to the
14		Department, in a manner prescribed by the Department, and
15		within 30 days after the occurrence if during the term of
16		licensure: (i) any conviction of or plea of guilty or nolo
17		contendere to forgery, embezzlement, obtaining money under
18		false pretenses, larceny, extortion, conspiracy to defraud, or
19		any similar offense or offenses or any conviction of a felony
20		involving moral turpitude; (ii) the entry of an administrative
21		sanction by a government agency in this State or any other
22		jurisdiction that has as an essential element dishonesty or
23		fraud or involves larceny, embezzlement, or obtaining money,
24		property, or credit by false pretenses; or (iii) any
25		conviction of or plea of guilty or nolo contendere to a crime
26		that subjects the licensee to compliance with the requirements

HB0806 Enrolled - 243 - LRB102 02614 SPS 12617 b
1		of the Sex Offender Registration Act.
2		(Source: P.A. 100-892, eff. 8-14-18.)
3		(225 ILCS 427/41 new)
4		Sec. 41. Qualifications for licensure as a community
5		association management firm. Any person who desires to obtain
6		a community association management firm license must:
7		(1) apply to the Department on forms prescribed by the
8		Department and pay the required fee;
9		(2) provide evidence to the Department that the
10		community association management firm has a licensed and
11		designated community association manager;
12		(3) be authorized to conduct business in the State of
13		Illinois and provide proof of such authorization to the
14		Department; and
15		(4) comply with all requirements as may be set forth
16		by rule.
17		(225 ILCS 427/45)
18		(Section scheduled to be repealed on January 1, 2022)
19		Sec. 45. Examinations.
20		(a) The Department shall authorize examinations of
21		applicants for licensure as a community association manager at
22		such times and places as it may determine. The examination of
23		applicants shall be of a character to give a fair test of the
24		qualifications of the applicant to practice as a community

HB0806 Enrolled - 244 - LRB102 02614 SPS 12617 b
1		association manager.
2		(b) Applicants for examination shall be required to pay,
3		either to the Department or the designated testing service, a
4		fee covering the cost of providing the examination.
5		(c) The Department may employ consultants to prepare and
6		conduct for the purpose of preparing and conducting
7		examinations.
8		(d) An applicant shall be eligible to take the examination
9		only after successfully completing the education requirements
10		set forth in this Act and attaining the minimum education and
11		age required under this Act.
12		(e) (Blank). The examination approved by the Department
13		should utilize the basic principles of professional testing
14		standards utilizing psychometric measurement. The examination
15		shall use standards set forth by the National Organization for
16		Competency Assurances and shall be approved by the Department.
17		(Source: P.A. 96-726, eff. 7-1-10.)
18		(225 ILCS 427/50)
19		(Section scheduled to be repealed on January 1, 2022)
20		Sec. 50. Community association management firm.
21		(a) No corporation, partnership, limited liability
22		company, or other legal entity shall provide or offer to
23		provide community association management services, unless it
24		has applied in writing on the prescribed forms and has paid the
25		required nonrefundable fees and provided evidence to the

HB0806 Enrolled - 245 - LRB102 02614 SPS 12617 b
1		Department that the firm has designated a licensed supervising
2		community association manager to supervise and manage the
3		firm. Having a A designated supervising community association
4		manager shall be a continuing requirement of firm licensure.
5		No supervising community association manager may be the
6		supervising community association manager for more than one
7		firm.
8		(b) Any corporation, partnership, limited liability
9		company, or other legal entity that is providing, or offering
10		to provide, community association management services and is
11		not in compliance with this Section 50 and other provisions of
12		this Act shall be subject to the civil penalties fines,
13		injunctions, cease and desist provisions, and penalties
14		provided for in Sections 90, 92, and 155 of this Act.
15		(c) No community association manager may be the designated
16		community association manager licensee-in-charge for more than
17		one firm, corporation, limited liability company, partnership,
18		or other legal entity. The designated community association
19		manager shall supervise and manage all licensed and unlicensed
20		employees acting on behalf of the community association
21		management firm. The designated community association manager
22		shall supervise and manage all independent contractors
23		providing community association management services on behalf
24		of the community association management firm. The community
25		association management firm and the designated community
26		association manager shall be responsible for all actions of

HB0806 Enrolled - 246 - LRB102 02614 SPS 12617 b
1		which they had knowledge taken on behalf of the community
2		association management firm.
3		(d) The Department may adopt rules and set all necessary
4		requirements for the implementation of this Section.
5		(Source: P.A. 98-365, eff. 1-1-14.)
6		(225 ILCS 427/55)
7		(Section scheduled to be repealed on January 1, 2022)
8		Sec. 55. Fidelity insurance; segregation of accounts.
9		(a) The designated supervising community association
10		manager or the community association management firm that
11		employs the designated community association manager with
12		which he or she is employed shall not have access to and
13		disburse community association funds unless each of the
14		following conditions occur:
15		(1) There is fidelity insurance in place to insure
16		against loss or for theft of community association funds.
17		(2) The fidelity insurance is in the maximum amount of
18		coverage available to protect funds in the custody or not
19		less than all moneys under the control of the designated
20		supervising community association manager or the employing
21		community association management firm providing service to
22		for the association.
23		(3) During the term and coverage period of the
24		insurance, the The fidelity insurance shall cover covers
25		the :

HB0806 Enrolled - 247 - LRB102 02614 SPS 12617 b
1		(A) the designated community association manager; ,
2		supervising community association manager, and
3		(B) the community association management firm;
4		(C) all community association managers;
5		(D) all all partners, officers, and employees of
6		the community association management firm; and during
7		the term of the insurance coverage, which shall be at
8		least for the same term as the service agreement
9		between the community association management firm or
10		supervising community association manager as well as
11		(E) the community association officers, directors,
12		and employees.
13		(4) The insurance company issuing the fidelity
14		insurance may not cancel or refuse to renew the bond
15		without giving at least 10 days' prior written notice.
16		(5) Unless an agreement between the community
17		association and the designated supervising community
18		association manager or the community association
19		management firm provides to the contrary, a community
20		association may secure and pay for the fidelity insurance
21		required by this Section. The designated supervising
22		community association manager, all other licensees, and or
23		the community association management firm must be named as
24		additional insured parties on the community association
25		policy.
26		(b) A community association management firm that provides

HB0806 Enrolled - 248 - LRB102 02614 SPS 12617 b
1		community association management services for more than one
2		community association shall maintain separate, segregated
3		accounts for each community association or, with the consent
4		of the community association, combine the accounts of one or
5		more community associations, but in that event, separately
6		account for the funds of each community association. The funds
7		shall not, in any event, be commingled with the supervising
8		community association manager's or community association
9		management firm's funds. The funds shall not, in any event, be
10		commingled with the funds of the community association
11		manager, the community association management firm, or any
12		other community association. The maintenance of such accounts
13		shall be custodial, and such accounts shall be in the name of
14		the respective community association or community association
15		manager or Community Association Management Agency as the
16		agent for the association.
17		(c) The designated supervising community association
18		manager or community association management firm shall obtain
19		the appropriate general liability and errors and omissions
20		insurance, as determined by the Department, to cover any
21		losses or claims against a the supervising community
22		association manager, the designated community association
23		manager, or the community association management firm.
24		(d) The Department shall have authority to promulgate
25		additional rules regarding insurance, fidelity insurance and
26		all accounts maintained and to be maintained by a community

HB0806 Enrolled - 249 - LRB102 02614 SPS 12617 b
1		association manager, designated supervising community
2		association manager, or community association management firm.
3		(Source: P.A. 98-365, eff. 1-1-14.)
4		(225 ILCS 427/60)
5		(Section scheduled to be repealed on January 1, 2022)
6		Sec. 60. Licenses; renewals; restoration; person in
7		military service.
8		(a) The expiration date, fees, and renewal period for each
9		license issued under this Act shall be set by rule. The
10		Department may promulgate rules requiring continuing education
11		and set all necessary requirements for such, including but not
12		limited to fees, approved coursework, number of hours, and
13		waivers of continuing education.
14		(b) Any licensee who has an expired permitted his, her, or
15		its license to expire may have the license restored by
16		applying making application to the Department and filing proof
17		acceptable to the Department of fitness to have the expired
18		his, her, or its license restored, by which may include sworn
19		evidence certifying to active practice in another jurisdiction
20		satisfactory to the Department, complying with any continuing
21		education requirements, and paying the required restoration
22		fee.
23		(c) Any If the person has not maintained an active
24		practice in another jurisdiction satisfactory to the
25		Department, the Department shall determine, by an evaluation

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1		program established by rule, the person's fitness to resume
2		active status and may require the person to complete a period
3		of evaluated clinical experience and successful completion of
4		a practical examination. However, any person whose license
5		expired while (i) in federal service on active duty with the
6		Armed Forces of the United States or called into service or
7		training with the State Militia or (ii) in training or
8		education under the supervision of the United States
9		preliminary to induction into the military service may have
10		the his or her license renewed or restored without paying any
11		lapsed renewal fees if, within 2 years after honorable
12		termination of the service, training or education, except
13		under condition other than honorable, the licensee he or she
14		furnishes the Department with satisfactory evidence of
15		engagement to the effect that he or she has been so engaged and
16		that the service, training, or education has been so honorably
17		terminated.
18		(d) A community association manager or , community
19		association management firm that or supervising community
20		association manager who notifies the Department, in a manner
21		writing on forms prescribed by the Department, may place the
22		his, her, or its license on inactive status for a period not to
23		exceed 2 years and shall be excused from the payment of renewal
24		fees until the person notifies the Department in writing of
25		the intention to resume active practice.
26		(e) A community association manager, community association

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1		management firm, or supervising community association manager
2		requesting that the his, her, or its license be changed from
3		inactive to active status shall be required to pay the current
4		renewal fee and shall also demonstrate compliance with the
5		continuing education requirements.
6		(f) No Any licensee with a nonrenewed or on inactive
7		license status or community association management firm
8		operation without a designated community association manager
9		shall not provide community association management services as
10		set forth in this Act.
11		(g) Any person violating subsection (f) of this Section
12		shall be considered to be practicing without a license and
13		will be subject to the disciplinary provisions of this Act.
14		(h) The Department shall not renew a license if the
15		licensee has an unpaid fine from a disciplinary matter or an
16		unpaid fee from a non-disciplinary action imposed by the
17		Department until the fine or fee is paid to the Department or
18		the licensee has entered into a payment plan and is current on
19		the required payments.
20		(i) The Department shall not issue a license if the
21		applicant has an unpaid fine imposed by the Department for
22		unlicensed practice until the fine is paid to the Department
23		or the applicant has entered into a payment plan and is current
24		on the required payments.
25		(Source: P.A. 98-365, eff. 1-1-14.)

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1		(225 ILCS 427/65)
2		(Section scheduled to be repealed on January 1, 2022)
3		Sec. 65. Fees; Community Association Manager Licensing and
4		Disciplinary Fund.
5		(a) The fees for the administration and enforcement of
6		this Act, including, but not limited to, initial licensure,
7		renewal, and restoration, shall be set by rule of the
8		Department. The fees shall be nonrefundable.
9		(b) In addition to the application fee, applicants for the
10		examination are required to pay, either to the Department or
11		the designated testing service, a fee covering the cost of
12		determining an applicant's eligibility and providing the
13		examination. Failure to appear for the examination on the
14		scheduled date, at the time and place specified, after the
15		applicant's application and fee for examination have been
16		received and acknowledged by the Department or the designated
17		testing service, shall result in the forfeiture of the fee.
18		(c) All fees, fines, penalties, or other monies received
19		or collected pursuant to this Act shall be deposited in the
20		Community Association Manager Licensing and Disciplinary Fund.
21		(d) Moneys in the Community Association Manager Licensing
22		and Disciplinary Fund may be transferred to the Professions
23		Indirect Cost Fund, as authorized under Section 2105-300 of
24		the Department of Professional Regulation Law of the Civil
25		Administrative Code of Illinois.
26		(Source: P.A. 97-1021, eff. 8-17-12; 98-365, eff. 1-1-14.)

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1		(225 ILCS 427/70)
2		(Section scheduled to be repealed on January 1, 2022)
3		Sec. 70. Penalty for insufficient funds; payments. Any
4		person who:
5		(1) delivers a check or other payment to the
6		Department that is returned to the Department unpaid by
7		the financial institution upon which it is drawn; or
8		(2) presents a credit or debit card for payment that
9		is invalid or expired or against which charges by the
10		Department are declined or dishonored;
11		shall pay to the Department, in addition to the amount already
12		owed to the Department, a fine of $50. The Department shall
13		notify the person that payment of fees and fines shall be paid
14		to the Department by certified check or money order within 30
15		calendar days after notification. If, after the expiration of
16		30 days from the date of the notification, the person has
17		failed to submit the necessary remittance, the Department
18		shall automatically terminate the license or deny the
19		application, without hearing. After If, after termination or
20		denial, the person seeking seeks a license, he, she, or it
21		shall apply to the Department for restoration or issuance of
22		the license and pay all fees and fines due to the Department.
23		The Department may establish a fee for the processing of an
24		application for restoration of a license to pay all expenses
25		of processing this application. The Secretary may waive the

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1		fines due under this Section in individual cases where the
2		Secretary finds that the fines would be unreasonable or
3		unnecessarily burdensome.
4		(Source: P.A. 98-365, eff. 1-1-14.)
5		(225 ILCS 427/75)
6		(Section scheduled to be repealed on January 1, 2022)
7		Sec. 75. Endorsement. The Department may issue a
8		community association manager or supervising community
9		association manager license, without the required examination,
10		to an applicant licensed under the laws of another state if the
11		requirements for licensure in that state are, on the date of
12		licensure, substantially equal to the requirements of this Act
13		or to a person who, at the time of his or her application for
14		licensure, possessed individual qualifications that were
15		substantially equivalent to the requirements then in force in
16		this State. An applicant under this Section shall pay all of
17		the required fees.
18		All applicants under this Act Applicants have 3 years from
19		the date of application to complete the application process.
20		If the process has not been completed within the 3 years, the
21		application shall be denied, the fee shall be forfeited, and
22		the applicant must reapply and meet the requirements in effect
23		at the time of reapplication.
24		(Source: P.A. 98-365, eff. 1-1-14.)

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1		(225 ILCS 427/85)
2		(Section scheduled to be repealed on January 1, 2022)
3		Sec. 85. Grounds for discipline; refusal, revocation, or
4		suspension.
5		(a) The Department may refuse to issue or renew a license,
6		or may place on probation, reprimand, suspend, or revoke any
7		license, or take any other disciplinary or non-disciplinary
8		action as the Department may deem proper and impose a fine not
9		to exceed $10,000 for each violation upon any licensee or
10		applicant under this Act or any person or entity who holds
11		oneself himself, herself, or itself out as an applicant or
12		licensee for any one or combination of the following causes:
13		(1) Material misstatement in furnishing information to
14		the Department.
15		(2) Violations of this Act or its rules.
16		(3) Conviction of or entry of a plea of guilty or plea
17		of nolo contendere, as set forth in subsection (f) of
18		Section 40, to (i) a felony or a misdemeanor under the laws
19		of the United States, any state, or any other jurisdiction
20		or entry of an administrative sanction by a government
21		agency in this State or any other jurisdiction or (ii) a
22		crime that subjects the licensee to compliance with the
23		requirements of the Sex Offender Registration Act; or the
24		entry of an administrative sanction by a government agency
25		in this State or any other jurisdiction. Action taken
26		under this paragraph (3) for a misdemeanor or an

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1		administrative sanction is limited to a misdemeanor or
2		administrative sanction that has as an essential element
3		dishonesty or fraud, that involves larceny, embezzlement,
4		or obtaining money, property, or credit by false pretenses
5		or by means of a confidence game, or that is directly
6		related to the practice of the profession.
7		(4) Making any misrepresentation for the purpose of
8		obtaining a license or violating any provision of this Act
9		or its rules.
10		(5) Professional incompetence.
11		(6) Gross negligence.
12		(7) Aiding or assisting another person in violating
13		any provision of this Act or its rules.
14		(8) Failing, within 30 days, to provide information in
15		response to a request made by the Department.
16		(9) Engaging in dishonorable, unethical, or
17		unprofessional conduct of a character likely to deceive,
18		defraud or harm the public as defined by the rules of the
19		Department, or violating the rules of professional conduct
20		adopted by the Department.
21		(10) Habitual or excessive use or addiction to
22		alcohol, narcotics, stimulants, or any other chemical
23		agent or drug that results in the inability to practice
24		with reasonable judgment, skill, or safety.
25		(11) Having been disciplined by another state, the
26		District of Columbia, a territory, a foreign nation, or a

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1		governmental agency authorized to impose discipline if at
2		least one of the grounds for the discipline is the same or
3		substantially equivalent of one of the grounds for which a
4		licensee may be disciplined under this Act. A certified
5		copy of the record of the action by the other state or
6		jurisdiction shall be prima facie evidence thereof.
7		(12) Directly or indirectly giving to or receiving
8		from any person, firm, corporation, partnership or
9		association any fee, commission, rebate, or other form of
10		compensation for any professional services not actually or
11		personally rendered.
12		(13) A finding by the Department that the licensee,
13		after having the his, her, or its license placed on
14		probationary status, has violated the terms of probation.
15		(14) Willfully making or filing false records or
16		reports relating to a licensee's practice, including but
17		not limited to false records filed with any State or
18		federal agencies or departments.
19		(15) Being named as a perpetrator in an indicated
20		report by the Department of Children and Family Services
21		under the Abused and Neglected Child Reporting Act and
22		upon proof by clear and convincing evidence that the
23		licensee has caused a child to be an abused child or
24		neglected child as defined in the Abused and Neglected
25		Child Reporting Act.
26		(16) Physical illness or mental illness or impairment,

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1		including, but not limited to, deterioration through the
2		aging process or loss of motor skill that results in the
3		inability to practice the profession with reasonable
4		judgment, skill, or safety.
5		(17) Solicitation of professional services by using
6		false or misleading advertising.
7		(18) A finding that licensure has been applied for or
8		obtained by fraudulent means.
9		(19) Practicing or attempting to practice under a name
10		other than the full name as shown on the license or any
11		other legally authorized name unless approved by the
12		Department.
13		(20) Gross overcharging for professional services
14		including, but not limited to, (i) collection of fees or
15		moneys for services that are not rendered; and (ii)
16		charging for services that are not in accordance with the
17		contract between the licensee and the community
18		association.
19		(21) Improper commingling of personal and client funds
20		in violation of this Act or any rules promulgated thereto.
21		(22) Failing to account for or remit any moneys or
22		documents coming into the licensee's possession that
23		belong to another person or entity.
24		(23) Giving differential treatment to a person that is
25		to that person's detriment on the basis because of race,
26		color, creed, sex, ancestry, age, order of protection

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1		status, marital status, physical or mental disability,
2		military status, unfavorable discharge from military
3		status, sexual orientation, pregnancy, religion, or
4		national origin.
5		(24) Performing and charging for services without
6		reasonable authorization to do so from the person or
7		entity for whom service is being provided.
8		(25) Failing to make available to the Department, upon
9		request, any books, records, or forms required by this
10		Act.
11		(26) Purporting to be a designated supervising
12		community association manager of a firm without active
13		participation in the firm and having been designated as
14		such.
15		(27) Failing to make available to the Department at
16		the time of the request any indicia of licensure or
17		registration issued under this Act.
18		(28) Failing to maintain and deposit funds belonging
19		to a community association in accordance with subsection
20		(b) of Section 55 of this Act.
21		(29) Violating the terms of a disciplinary order
22		issued by the Department.
23		(30) Operating a community association management firm
24		without a designated community association manager who
25		holds an active community association manager license.
26		(31) For a designated community association manager,

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1		failing to meet the requirements for acting as a
2		designated community association manager.
3		(32) Failing to disclose to a community association
4		any compensation received by a licensee from a third party
5		in connection with or related to a transaction entered
6		into by the licensee on behalf of the community
7		association.
8		(33) Failing to disclose to a community association,
9		at the time of making the referral, that a licensee (A) has
10		greater than a 1% ownership interest in a third party to
11		which it refers the community association; or (B) receives
12		or may receive dividends or other profit sharing
13		distributions from a third party, other than a publicly
14		held or traded company, to which it refers the community
15		association.
16		(b) (Blank).
17		(c) The determination by a circuit court that a licensee
18		is subject to involuntary admission or judicial admission, as
19		provided in the Mental Health and Developmental Disabilities
20		Code, operates as an automatic suspension. The suspension will
21		terminate only upon a finding by a court that the patient is no
22		longer subject to involuntary admission or judicial admission
23		and the issuance of an order so finding and discharging the
24		patient, and upon the recommendation of the Board to the
25		Secretary that the licensee be allowed to resume his or her
26		practice as a licensed community association manager.

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1		(d) In accordance with subsection (g) of Section 2105-15
2		of the Department of Professional Regulation Law of the Civil
3		Administrative Code of Illinois (20 ILCS 2105/2105-15), the
4		Department may refuse to issue or renew or may suspend the
5		license of any person who fails to file a return, to pay the
6		tax, penalty, or interest shown in a filed return, or to pay
7		any final assessment of tax, penalty, or interest, as required
8		by any tax Act administered by the Department of Revenue,
9		until such time as the requirements of that tax Act are
10		satisfied.
11		(e) In accordance with subdivision (a)(5) of Section
12		2105-15 of the Department of Professional Regulation Law of
13		the Civil Administrative Code of Illinois (20 ILCS
14		2105/2105-15) and in cases where the Department of Healthcare
15		and Family Services (formerly Department of Public Aid) has
16		previously determined that a licensee or a potential licensee
17		is more than 30 days delinquent in the payment of child support
18		and has subsequently certified the delinquency to the
19		Department, the Department may refuse to issue or renew or may
20		revoke or suspend that person's license or may take other
21		disciplinary action against that person based solely upon the
22		certification of delinquency made by the Department of
23		Healthcare and Family Services.
24		(f) (Blank). In enforcing this Section, the Department or
25		Board upon a showing of a possible violation may compel a
26		licensee or an individual licensed to practice under this Act,

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1		or who has applied for licensure under this Act, to submit to a
2		mental or physical examination, or both, as required by and at
3		the expense of the Department. The Department or Board may
4		order the examining physician to present testimony concerning
5		the mental or physical examination of the licensee or
6		applicant. No information shall be excluded by reason of any
7		common law or statutory privilege relating to communications
8		between the licensee or applicant and the examining physician.
9		The examining physicians shall be specifically designated by
10		the Board or Department. The individual to be examined may
11		have, at his or her own expense, another physician of his or
12		her choice present during all aspects of this examination.
13		Failure of an individual to submit to a mental or physical
14		examination, when directed, shall be grounds for suspension of
15		his or her license or denial of his or her application or
16		renewal until the individual submits to the examination if the
17		Department finds, after notice and hearing, that the refusal
18		to submit to the examination was without reasonable cause.
19		If the Department or Board finds an individual unable to
20		practice because of the reasons set forth in this Section, the
21		Department or Board may require that individual to submit to
22		care, counseling, or treatment by physicians approved or
23		designated by the Department or Board, as a condition, term,
24		or restriction for continued, reinstated, or renewed licensure
25		to practice; or, in lieu of care, counseling, or treatment,
26		the Department may file, or the Board may recommend to the

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1		Department to file, a complaint to immediately suspend,
2		revoke, deny, or otherwise discipline the license of the
3		individual. An individual whose license was granted,
4		continued, reinstated, renewed, disciplined or supervised
5		subject to such terms, conditions, or restrictions, and who
6		fails to comply with such terms, conditions, or restrictions,
7		shall be referred to the Secretary for a determination as to
8		whether the individual shall have his or her license suspended
9		immediately, pending a hearing by the Department.
10		In instances in which the Secretary immediately suspends a
11		person's license under this Section, a hearing on that
12		person's license must be convened by the Department within 30
13		days after the suspension and completed without appreciable
14		delay. The Department and Board shall have the authority to
15		review the subject individual's record of treatment and
16		counseling regarding the impairment to the extent permitted by
17		applicable federal statutes and regulations safeguarding the
18		confidentiality of medical records.
19		An individual licensed under this Act and affected under
20		this Section shall be afforded an opportunity to demonstrate
21		to the Department or Board that he or she can resume practice
22		in compliance with acceptable and prevailing standards under
23		the provisions of his or her license.
24		(Source: P.A. 100-872, eff. 8-14-18.)
25		(225 ILCS 427/85.1 new)

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1		Sec. 85.1. Citations.
2		(a) The Department may adopt rules to permit the issuance
3		of citations to any licensee for failure to comply with the
4		continuing education requirements set forth in this Act or as
5		established by rule. The citation shall be issued to the
6		licensee and a copy sent to the licensee's designated
7		community association manager, and shall contain the
8		licensee's name, the licensee's address, the licensee's
9		license number, the number of required hours of continuing
10		education that have not been successfully completed by the
11		licensee within the renewal period, and the penalty imposed,
12		which shall not exceed $2,000. The issuance of any such
13		citation shall not excuse the licensee from completing all
14		continuing education required for that renewal period.
15		(b) Service of a citation shall be made in person,
16		electronically, or by mail to the licensee at the licensee's
17		address of record or email address of record, and the citation
18		must clearly state that if the cited licensee wishes to
19		dispute the citation, the cited licensee may make a written
20		request, within 30 days after the citation is served, for a
21		hearing before the Department. If the cited licensee does not
22		request a hearing within 30 days after the citation is served,
23		then the citation shall become a final, non-disciplinary
24		order, and any fine imposed is due and payable within 60 days
25		after that final order. If the cited licensee requests a
26		hearing within 30 days after the citation is served, the

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1		Department shall afford the cited licensee a hearing conducted
2		in the same manner as a hearing provided for in this Act for
3		any violation of this Act and shall determine whether the
4		cited licensee committed the violation as charged and whether
5		the fine as levied is warranted. If the violation is found, any
6		fine shall constitute non-public discipline and be due and
7		payable within 30 days after the order of the Secretary, which
8		shall constitute a final order of the Department. No change in
9		license status may be made by the Department until a final
10		order of the Department has been issued.
11		(c) Payment of a fine that has been assessed pursuant to
12		this Section shall not constitute disciplinary action
13		reportable on the Department's website or elsewhere unless a
14		licensee has previously received 2 or more citations and been
15		assessed 2 or more fines.
16		(d) Nothing in this Section shall prohibit or limit the
17		Department from taking further action pursuant to this Act and
18		rules for additional, repeated, or continuing violations.
19		(225 ILCS 427/86 new)
20		Sec. 86. Illegal discrimination. When there has been an
21		adjudication in a civil or criminal proceeding that a
22		community association manager or community association
23		management firm has illegally discriminated while engaged in
24		any activity for which a license is required under this Act,
25		the Department, upon the recommendation of the Board as to the

HB0806 Enrolled - 266 - LRB102 02614 SPS 12617 b
1		extent of the suspension or revocation, shall suspend or
2		revoke the license of that licensee in a timely manner, unless
3		the adjudication is in the appeal process. When there has been
4		an order in an administrative proceeding finding that a
5		licensee has illegally discriminated while engaged in any
6		activity for which a license is required under this Act, the
7		Department, upon recommendation of the Board as to the nature
8		and extent of the discipline, shall take one or more of the
9		disciplinary actions provided for in Section 85 in a timely
10		manner, unless the administrative order is in the appeal
11		process.
12		(225 ILCS 427/90)
13		(Section scheduled to be repealed on January 1, 2022)
14		Sec. 90. Violations; injunctions; cease and desist orders.
15		(a) If any person violates a provision of this Act, the
16		Secretary may, in the name of the People of the State of
17		Illinois, through the Attorney General of the State of
18		Illinois, petition for an order enjoining the violation or for
19		an order enforcing compliance with this Act. Upon the filing
20		of a verified petition in court, the court may issue a
21		temporary restraining order, without notice or bond, and may
22		preliminarily and permanently enjoin the violation. If it is
23		established that the person has violated or is violating the
24		injunction, the Court may punish the offender for contempt of
25		court. Proceedings under this Section are in addition to, and

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1		not in lieu of, all other remedies and penalties provided by
2		this Act.
3		(b) If any person provides , entity or other business may
4		provide community association management services or provides
5		provide services as a community association manager to any
6		community association in this State without having a valid
7		license under this Act or, in the case of a community
8		association management firm, without a designated community
9		association manager, then any licensee, any interested party,
10		or any person injured thereby may, in addition to the
11		Secretary, petition for relief as provided in subsection (a)
12		of this Section.
13		(c) Whenever in the opinion of the Department any person,
14		entity or other business violates any provision of this Act,
15		the Department may issue a rule to show cause why an order to
16		cease and desist should not be entered against such person,
17		firm or other entity. The rule shall clearly set forth the
18		grounds relied upon by the Department and shall provide a
19		period of at least 7 days from the date of the rule to file an
20		answer to the satisfaction of the Department. If the person,
21		firm or other entity fails to file an answer satisfactory to
22		the Department, the matter shall be considered as a default
23		and the Department may cause an order to cease and desist to be
24		issued immediately.
25		(Source: P.A. 96-726, eff. 7-1-10.)

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1		(225 ILCS 427/92)
2		(Section scheduled to be repealed on January 1, 2022)
3		Sec. 92. Unlicensed practice; violation; civil penalty.
4		(a) Any person, entity or other business who practices,
5		offers to practice, attempts to practice, or holds oneself
6		himself, herself or itself out to practice as a community
7		association manager or community association management firm
8		or provides provide services as a community association
9		manager or community association management firm to any
10		community association in this State without being licensed
11		under this Act or, in the case of a community association
12		management firm, without a designated community association
13		manager shall, in addition to any other penalty provided by
14		law, pay a civil penalty to the Department in an amount not to
15		exceed $10,000 for each offense, as determined by the
16		Department. The civil penalty shall be assessed by the
17		Department after a hearing is held in accordance with the
18		provisions set forth in this Act regarding the provision of a
19		hearing for the discipline of a licensee.
20		(b) The Department may investigate any and all unlicensed
21		activity.
22		(c) The civil penalty shall be paid within 60 days after
23		the effective date of the order imposing the civil penalty.
24		The order shall constitute a judgment and may be filed and
25		execution had thereon in the same manner as any judgment from
26		any court of record.

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1		(Source: P.A. 98-365, eff. 1-1-14.)
2		(225 ILCS 427/95)
3		(Section scheduled to be repealed on January 1, 2022)
4		Sec. 95. Investigation; notice and hearing. The
5		Department may investigate the actions or qualifications of a
6		person, entity or other business applying for, holding or
7		claiming to hold, or holding oneself out as having a license or
8		rendering or offering to render services for which a license
9		is required by this Act and may notify their designated
10		community association manager, if any, of the pending
11		investigation. Before suspending, revoking, placing on
12		probationary status, or taking any other disciplinary action
13		as the Department may deem proper with regard to any license,
14		at least 30 days before the date set for the hearing, the
15		Department shall (i) notify the accused and their designated
16		community association manager, if any, in writing of any
17		charges made and the time and place for a hearing on the
18		charges before the Board, (ii) direct the accused individual
19		or entity to file a written answer to the charges with the
20		Board under oath within 20 days after the service on the
21		accused him or her of such notice, and (iii) inform the accused
22		person, entity or other business that if the accused the
23		person, entity, or other business fails to file an answer,
24		default will be taken against the accused such person, entity,
25		or other business and the license of the accused such person,

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1		entity, or other business may be suspended, revoked, placed on
2		probationary status, or other disciplinary action taken with
3		regard to the license, including limiting the scope, nature,
4		or extent of related his or her practice, as the Department may
5		deem proper. The Department shall serve notice under this
6		Section by regular or electronic Written notice may be served
7		by personal delivery or by registered or certified mail to the
8		applicant's or licensee's applicant or licensee at his or her
9		last address of record or email address of record as provided
10		to with the Department. If the accused In case the person fails
11		to file an answer after receiving notice, the his or her
12		license may, in the discretion of the Department, be
13		suspended, revoked, or placed on probationary status, or the
14		Department may take whatever disciplinary action deemed
15		proper, including limiting the scope, nature, or extent of the
16		person's practice or the imposition of a fine, without a
17		hearing, if the act or acts charged constitute sufficient
18		grounds for such action under this Act. The written answer
19		shall be served by personal delivery or regular , certified
20		delivery, or certified or registered mail to the Department.
21		At the time and place fixed in the notice, the Department shall
22		proceed to hear the charges and the parties or their counsel
23		shall be accorded ample opportunity to present such
24		statements, testimony, evidence, and argument as may be
25		pertinent to the charges or to the defense thereto. The
26		Department may continue such hearing from time to time. At the

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1		discretion of the Secretary after having first received the
2		recommendation of the Board, the accused person's license may
3		be suspended, or revoked, or placed on probationary status or
4		the Department may take whatever disciplinary action
5		considered proper, including limiting the scope, nature, or
6		extent of the person's practice or the imposition of a fine if
7		the act or acts charged constitute sufficient grounds for that
8		action under this Act. A copy of the Department's final order
9		shall be delivered to the accused's designated community
10		association manager or, if the accused is directly employed by
11		a community association, to the board of managers of that
12		association if known to the Department , if the evidence
13		constitutes sufficient grounds for such action under this Act.
14		(Source: P.A. 96-726, eff. 7-1-10; 97-333, eff. 8-12-11.)
15		(225 ILCS 427/115)
16		(Section scheduled to be repealed on January 1, 2022)
17		Sec. 115. Rehearing. At the conclusion of a hearing and
18		following deliberation by the Board, a copy of the Board's
19		report shall be served upon the applicant, licensee, or
20		unlicensed person by the Department, either personally or as
21		provided in this Act for the service of a notice of hearing. In
22		any hearing involving disciplinary action against a licensee,
23		a copy of the Board's report shall be served upon the
24		respondent by the Department, either personally or as provided
25		in this Act for the service of the notice of hearing. Within 20

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1		calendar days after service, the respondent may present to the
2		Department a motion in writing for a rehearing that shall
3		specify the particular grounds for rehearing. If no motion for
4		rehearing is filed, then upon the expiration of the time
5		specified for filing a motion, or if a motion for rehearing is
6		denied, then upon denial, the Secretary may enter an order in
7		accordance with recommendations of the Board, except as
8		provided in this Act. If the respondent orders from the
9		reporting service, and pays for, a transcript of the record
10		within the time for filing a motion for rehearing, the 20
11		calendar day period within which a motion may be filed shall
12		commence upon the delivery of the transcript to the
13		respondent.
14		(Source: P.A. 96-726, eff. 7-1-10.)
15		(225 ILCS 427/120)
16		(Section scheduled to be repealed on January 1, 2022)
17		Sec. 120. Appointment of a hearing officer. The Secretary
18		has the authority to appoint any attorney duly licensed to
19		practice law in the State of Illinois to serve as the hearing
20		officer in any action for refusal to issue or renew a license,
21		or to discipline a licensee. The hearing officer has full
22		authority to conduct the hearing. The hearing officer shall
23		report the his findings and recommendations to the Board and
24		the Secretary. At its next meeting following The Board has 60
25		calendar days from receipt of the report, the Board shall to

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1		review the report of the hearing officer and present its
2		findings of fact, conclusions of law, and recommendations to
3		the Secretary.
4		If the Board fails to present its report within 30
5		calendar days following its next meeting after receiving the
6		report within the 60 calendar day period, the respondent may
7		request in writing a direct appeal to the Secretary, in which
8		case the Secretary shall, within 7 calendar days after the
9		request, issue an order directing the Board to issue its
10		findings of fact, conclusions of law, and recommendations to
11		the Secretary within 30 calendar days after such order.
12		If the Board fails to issue its findings of fact,
13		conclusions of law, and recommendations within that time frame
14		to the Secretary after the entry of such order, the Secretary
15		shall, within 30 calendar days thereafter, issue an order
16		based upon the report of the hearing officer and the record of
17		the proceedings or issue an order remanding the matter back to
18		the hearing officer for additional proceedings in accordance
19		with the order.
20		If (i) a direct appeal is requested, (ii) the Board fails
21		to issue its findings of fact, conclusions of law, and
22		recommendations within the 30-day mandate from the Secretary
23		or the Secretary fails to order the Board to do so, and (iii)
24		the Secretary fails to issue an order within 30 calendar days
25		thereafter, then the hearing officer's report is deemed
26		accepted and a final decision of the Secretary.

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1		Notwithstanding any other provision of this Section, if
2		the Secretary, upon review, determines that substantial
3		justice has not been done in the revocation, suspension, or
4		refusal to issue or renew a license or other disciplinary
5		action taken as the result of the entry of the hearing
6		officer's report, the Secretary may order a rehearing by the
7		same or other examiners. If the Secretary disagrees with the
8		recommendation of the Board or the hearing officer, the
9		Secretary may issue an order in contravention of either
10		recommendation.
11		(Source: P.A. 96-726, eff. 7-1-10.)
12		(225 ILCS 427/140)
13		(Section scheduled to be repealed on January 1, 2022)
14		Sec. 140. Summary suspension. The Secretary may summarily
15		suspend a license without a hearing, simultaneously with the
16		institution of proceedings for a hearing provided for in this
17		Act, if the Secretary finds that evidence indicating in his or
18		her possession indicates that a continuation in practice would
19		constitute an imminent danger to the public. In the event that
20		the Secretary summarily suspends a license without a hearing,
21		a hearing by the Department must be held within 30 calendar
22		days after the suspension has occurred.
23		(Source: P.A. 96-726, eff. 7-1-10.)
24		(225 ILCS 427/145)

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1		(Section scheduled to be repealed on January 1, 2022)
2		Sec. 145. Judicial review. All final administrative
3		decisions of the Department are subject to judicial review
4		under the Administrative Review Law and its rules. The term
5		"administrative decision" is defined as in Section 3-101 of
6		the Code of Civil Procedure. Proceedings for judicial review
7		shall be commenced in the circuit court of the county in which
8		the party applying for review resides; but if the party is not
9		a resident of this State, the venue shall be in Sangamon County
10		or Cook County.
11		(Source: P.A. 96-726, eff. 7-1-10.)
12		(225 ILCS 427/155)
13		(Section scheduled to be repealed on January 1, 2022)
14		Sec. 155. Violations; penalties.
15		(a) A person who violates any of the following provisions
16		shall be guilty of a Class A misdemeanor; a person who commits
17		a second or subsequent violation of these provisions is guilty
18		of a Class 4 felony:
19		(1) Practicing or attempting to The practice of or
20		attempted practice of or holding oneself out as available
21		to practice as a community association manager or
22		supervising community association manager without a
23		license.
24		(2) Operating or attempting Operation of or attempt to
25		operate a community association management firm without a

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1		firm license or a designated supervising community
2		association manager.
3		(3) Obtaining or attempting The obtaining of or the
4		attempt to obtain any license or authorization issued
5		under this Act by fraudulent misrepresentation.
6		(b) Whenever a licensee is convicted of a felony related
7		to the violations set forth in this Section, the clerk of the
8		court in any jurisdiction shall promptly report the conviction
9		to the Department and the Department shall immediately revoke
10		any license authorized under this Act held by that licensee.
11		The licensee shall not be eligible for licensure under this
12		Act until at least 5 years have elapsed since a felony
13		conviction or 3 years since release from confinement for the
14		conviction, whichever is later, without a subsequent 10 years
15		have elapsed since the time of full discharge from any
16		sentence imposed for a felony conviction. If any person in
17		making any oath or affidavit required by this Act swears
18		falsely, the person is guilty of perjury and may be punished
19		accordingly.
20		(Source: P.A. 98-365, eff. 1-1-14; 99-78, eff. 7-20-15.)
21		(225 ILCS 427/161 new)
22		Sec. 161. Statute of limitations. No action may be taken
23		under this Act against a person or entity licensed under this
24		Act unless the action is commenced within 5 years after the
25		occurrence of the alleged violation. A continuing violation is

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1		deemed to have occurred on the date when the circumstances
2		last existed that gave rise to the alleged continuing
3		violation.
4		(225 ILCS 427/162 new)
5		Sec. 162. No private right of action. Except as otherwise
6		expressly provided for in this Act, nothing in this Act shall
7		be construed to grant to any person a private right of action
8		to enforce the provisions of this Act or the rules adopted
9		under this Act.
10		(225 ILCS 427/165)
11		(Section scheduled to be repealed on January 1, 2022)
12		Sec. 165. Home rule. The regulation and licensing of
13		community association managers, supervising community
14		association managers, and community association management
15		firms are exclusive powers and functions of the State. A home
16		rule unit may not regulate or license community association
17		managers, supervising community association managers, or
18		community association management firms. This Section is a
19		denial and limitation of home rule powers and functions under
20		subsection (h) of Section 6 of Article VII of the Illinois
21		Constitution.
22		(Source: P.A. 98-365, eff. 1-1-14.)
23		(225 ILCS 427/42 rep.)

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1		(225 ILCS 427/80 rep.)
2		(225 ILCS 427/135 rep.)
3		(225 ILCS 427/170 rep.)
4		Section 55. The Community Association Manager Licensing
5		and Disciplinary Act is amended by repealing Sections 42, 80,
6		135, and 170.
7		Section 60. The Detection of Deception Examiners Act is
8		amended by changing Sections 1, 7.1, 7.3, 17, and 20 and by
9		adding Section 10.2 as follows:
10		(225 ILCS 430/1) (from Ch. 111, par. 2401)
11		(Section scheduled to be repealed on January 1, 2022)
12		Sec. 1. Definitions. As used in this Act, unless the
13		context otherwise requires:
14		"Address of record Record" means the designated address
15		recorded by the Department in the applicant's or licensee's
16		application file or license file as maintained by the
17		Department's licensure maintenance unit. It is the duty of the
18		applicant or licensee to inform the Department of any change
19		of address and those changes must be made either through the
20		Department's website or by contacting the Department.
21		"Detection of Deception Examination", hereinafter referred
22		to as "Examination" means any examination in which a device or
23		instrument is used to test or question individuals for the
24		purpose of evaluating truthfulness or untruthfulness.

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1		"Email address of record" means the designated email
2		address recorded by the Department in the applicant's
3		application file or the licensee's license file, as maintained
4		by the Department's licensure maintenance unit.
5		"Examiner" means any person licensed under this Act.
6		"Person" includes any natural person, partnership,
7		association, corporation or trust.
8		"Department" means the Department of Financial and
9		Professional Regulation.
10		"Law enforcement agency" means an agency of the State or a
11		unit of local government that is vested by law or ordinance
12		with the power to maintain public order and to enforce
13		criminal laws and ordinances.
14		"Secretary" means the Secretary of Financial and
15		Professional Regulation.
16		(Source: P.A. 97-168, eff. 7-22-11.)
17		(225 ILCS 430/7.1) (from Ch. 111, par. 2408)
18		(Section scheduled to be repealed on January 1, 2022)
19		Sec. 7.1. Administrative Procedure Act. The Illinois
20		Administrative Procedure Act is hereby expressly adopted and
21		incorporated herein as if all of the provisions of that Act
22		were included in this Act, except that the provision of
23		subsection (d) of Section 10-65 of the Illinois Administrative
24		Procedure Act that provides that at hearings the licensee has
25		the right to show compliance with all lawful requirements for

HB0806 Enrolled - 280 - LRB102 02614 SPS 12617 b
1		retention, continuation, or renewal of the license is
2		specifically excluded. For the purposes of this Act, the
3		notice required under Section 10-25 of the Illinois
4		Administrative Procedure Act is deemed sufficient when mailed
5		or emailed to the last known address of a party.
6		(Source: P.A. 100-201, eff. 8-18-17.)
7		(225 ILCS 430/7.3)
8		(Section scheduled to be repealed on January 1, 2022)
9		Sec. 7.3. Appointment of a Hearing Officer. The Secretary
10		has the authority to appoint an attorney, licensed to practice
11		law in the State of Illinois, to serve as a Hearing Officer in
12		any action for refusal to issue or renew a license or to
13		discipline a license. The Hearing Officer has full authority
14		to conduct the hearing. The appointed Detection of Deception
15		Coordinator may attend hearings and advise the Hearing Officer
16		on technical matters involving Detection of Deception
17		examinations.
18		(Source: P.A. 97-168, eff. 7-22-11.)
19		(225 ILCS 430/10.2 new)
20		Sec. 10.2. Address of record; email address of record.
21		All applicants and licensees shall:
22		(1) provide a valid address and email address to the
23		Department, which shall serve as the address of record and
24		email address of record, respectively, at the time of

HB0806 Enrolled - 281 - LRB102 02614 SPS 12617 b
1		application for licensure or renewal of a license; and
2		(2) inform the Department of any change of address of
3		record or email address of record within 14 days after
4		such change either through the Department's website or by
5		contacting the Department's licensure maintenance unit.
6		(225 ILCS 430/17) (from Ch. 111, par. 2418)
7		(Section scheduled to be repealed on January 1, 2022)
8		Sec. 17. Investigations; notice and hearing. The
9		Department may investigate the actions of any applicant or any
10		person or persons rendering or offering to render detection of
11		deception services or any person holding or claiming to hold a
12		license as a licensed examiner. The Department shall, before
13		refusing to issue or renew a license or to discipline a
14		licensee under Section 14, at least 30 days prior to the date
15		set for the hearing, (i) notify the accused in writing of the
16		charges made and the time and place for the hearing on the
17		charges, (ii) direct him or her to file a written answer with
18		the Department under oath within 20 days after the service of
19		the notice, and (iii) inform the applicant or licensee that
20		failure to file an answer will result in default being taken
21		against the applicant or licensee. At the time and place fixed
22		in the notice, the Department shall proceed to hear the
23		charges and the parties or their counsel shall be accorded
24		ample opportunity to present any pertinent statements,
25		testimony, evidence, and arguments. The Department may

HB0806 Enrolled - 282 - LRB102 02614 SPS 12617 b
1		continue the hearing from time to time. In case the person,
2		after receiving the notice, fails to file an answer, his or her
3		license, may, in the discretion of the Department, be revoked,
4		suspended, placed on probationary status, or the Department
5		may take whatever disciplinary action considered proper,
6		including limiting the scope, nature, or extent of the
7		person's practice or the imposition of a fine, without a
8		hearing, if the act or acts charged constitute sufficient
9		grounds for that action under the Act. The written notice may
10		be served by email, by personal delivery, or by certified mail
11		to the accused's address of record.
12		(Source: P.A. 97-168, eff. 7-22-11.)
13		(225 ILCS 430/20) (from Ch. 111, par. 2421)
14		(Section scheduled to be repealed on January 1, 2022)
15		Sec. 20. Any person affected by a final administrative
16		decision of the Department may have such decision reviewed
17		judicially by the circuit court of the county wherein such
18		person resides. If the plaintiff in the review proceeding is
19		not a resident of this State, the venue shall be in Sangamon
20		County. The provisions of the Administrative Review Law, and
21		all amendments and modifications thereof, and the rules
22		adopted pursuant thereto, shall apply to and govern all
23		proceedings for the judicial review of final administrative
24		decisions of the Department hereunder. The term
25		"administrative decision" is defined as in Section 3-101 of

HB0806 Enrolled - 283 - LRB102 02614 SPS 12617 b
1		the Code of Civil Procedure.
2		The Department shall not be required to certify any record
3		to the court or file any answer in court or otherwise appear in
4		any court in a judicial Judicial review proceeding, unless and
5		until the Department has received from the plaintiff payment
6		of the costs of furnishing and certifying the record which
7		costs shall be determined by the Department. Exhibits shall be
8		certified without cost. Failure on the part of the plaintiff
9		to file a receipt in court is grounds for dismissal of the
10		action.
11		(Source: P.A. 97-168, eff. 7-22-11.)
12		(225 ILCS 430/7.2 rep.)
13		(225 ILCS 430/16 rep.)
14		Section 65. The Detection of Deception Examiners Act is
15		amended by repealing Sections 7.2 and 16.
16		Section 70. The Home Inspector License Act is amended by
17		changing Sections 1-10, 5-5, 5-10, 5-12, 5-16, 5-17, 5-20,
18		5-25, 5-30, 10-10, 15-10, 15-15, 15-20, 15-55, 15-60, 20-5,
19		25-15, and 25-27 and by adding Sections 1-12, 5-50, 15-10.1,
20		and 15-36 as follows:
21		(225 ILCS 441/1-10)
22		(Section scheduled to be repealed on January 1, 2022)
23		Sec. 1-10. Definitions. As used in this Act, unless the

HB0806 Enrolled - 284 - LRB102 02614 SPS 12617 b
1		context otherwise requires:
2		"Address of record" means the designated street address,
3		which may not be a post office box, recorded by the Department
4		in the applicant's or licensee's application file or license
5		file as maintained by the Department's licensure maintenance
6		unit. It is the duty of the applicant or licensee to inform the
7		Department of any change of address and those changes must be
8		made either through the Department's website or by contacting
9		the Department.
10		"Applicant" means a person who applies to the Department
11		for a license under this Act.
12		"Client" means a person who engages or seeks to engage the
13		services of a home inspector for an inspection assignment.
14		"Department" means the Department of Financial and
15		Professional Regulation.
16		"Email address of record" means the designated email
17		address recorded by the Department in the applicant's
18		application file or the licensee's license file, as maintained
19		by the Department.
20		"Home inspection" means the examination and evaluation of
21		the exterior and interior components of residential real
22		property, which includes the inspection of any 2 or more of the
23		following components of residential real property in
24		connection with or to facilitate the sale, lease, or other
25		conveyance of, or the proposed sale, lease or other conveyance
26		of, residential real property:

HB0806 Enrolled - 285 - LRB102 02614 SPS 12617 b
1		(1) heating, ventilation, and air conditioning system;
2		(2) plumbing system;
3		(3) electrical system;
4		(4) structural composition;
5		(5) foundation;
6		(6) roof;
7		(7) masonry structure; or
8		(8) any other residential real property component as
9		established by rule.
10		"Home inspector" means a person or entity who, for another
11		and for compensation either direct or indirect, performs home
12		inspections.
13		"Home inspection report" or "inspection report" means a
14		written evaluation prepared and issued by a home inspector
15		upon completion of a home inspection, which meets the
16		standards of practice as established by the Department.
17		"Inspection assignment" means an engagement for which a
18		home inspector is employed or retained to conduct a home
19		inspection and prepare a home inspection report.
20		"License" means the privilege conferred by the Department
21		to a person who has fulfilled all requirements prerequisite to
22		any type of licensure under this Act.
23		"Licensee" means a home inspector, home inspector entity,
24		or home inspector education provider.
25		"Person" means individuals, entities, corporations,
26		limited liability companies, registered limited liability

HB0806 Enrolled - 286 - LRB102 02614 SPS 12617 b
1		partnerships, and partnerships, foreign or domestic, except
2		that when the context otherwise requires, the term may refer
3		to a single individual or other described entity.
4		"Residential real property" means real property that is
5		used or intended to be used as a residence by one or more
6		individuals.
7		"Secretary" means the Secretary of Financial and
8		Professional Regulation or the Secretary's designee.
9		"Standards of practice" means recognized standards and
10		codes to be used in a home inspection, as determined by the
11		Department and established by rule.
12		(Source: P.A. 97-226, eff. 7-28-11.)
13		(225 ILCS 441/1-12 new)
14		Sec. 1-12. Address of record; email address of record. All
15		applicants and licensees shall:
16		(1) provide a valid address and email address to the
17		Department, which shall serve as the address of record and
18		email address of record, respectively, at the time of
19		application for licensure or renewal of a license; and
20		(2) inform the Department of any change of address of
21		record or email address of record within 14 days after
22		such change through the Department's website or by
23		contacting the Department.
24		(225 ILCS 441/5-5)

HB0806 Enrolled - 287 - LRB102 02614 SPS 12617 b
1		(Section scheduled to be repealed on January 1, 2022)
2		Sec. 5-5. Necessity of license; use of title; exemptions.
3		(a) It is unlawful for any person, including any entity,
4		to act or assume to act as a home inspector, to engage in the
5		business of home inspection, to develop a home inspection
6		report, to practice as a home inspector, or to advertise or
7		hold oneself himself, herself, or itself out to be a home
8		inspector without a home inspector license issued under this
9		Act. A person who violates this subsection is guilty of a Class
10		A misdemeanor for the first offense and a Class 4 felony for
11		the second and any subsequent offenses.
12		(b) It is unlawful for any person, other than a person who
13		holds a valid home inspector license issued pursuant to this
14		Act, to use the title "home inspector" or any other title,
15		designation, or abbreviation likely to create the impression
16		that the person is licensed as a home inspector pursuant to
17		this Act. A person who violates this subsection is guilty of a
18		Class A misdemeanor.
19		(c) The licensing requirements of this Article do not
20		apply to:
21		(1) any person who is employed as a code enforcement
22		official by the State of Illinois or any unit of local
23		government, while acting within the scope of that
24		government employment;
25		(2) any person licensed in this State by any other law
26		who is engaging in the profession or occupation for which

HB0806 Enrolled - 288 - LRB102 02614 SPS 12617 b
1		the person is licensed by the State of Illinois while
2		acting within the scope of his or her license; or
3		(3) any person engaged by the owner or lessor of
4		residential real property for the purpose of preparing a
5		bid or estimate as to the work necessary or the costs
6		associated with performing home construction, home
7		remodeling, or home repair work on the residential real
8		property, provided such person does not hold himself or
9		herself out, or advertise or hold oneself out as himself
10		or herself, as being engaged in business as a home
11		inspector.
12		(d) The licensing of home inspector entities required
13		under this Act does not apply to an entity whose ownership
14		structure is one licensed home inspector operating a sole
15		proprietorship, a single member limited liability company, or
16		a single shareholder corporation, and that home inspector is
17		the only licensed home inspector performing inspections on the
18		entity's behalf. The licensed home inspector who is the sole
19		proprietor, sole shareholder, or single member of the company
20		or entity shall comply with all other provisions of this Act.
21		(Source: P.A. 97-226, eff. 7-28-11.)
22		(225 ILCS 441/5-10)
23		(Section scheduled to be repealed on January 1, 2022)
24		Sec. 5-10. Application for home inspector license.
25		(a) Every natural person who desires to obtain a home

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1		inspector license shall:
2		(1) apply to the Department in a manner on forms
3		prescribed by the Department and accompanied by the
4		required fee; all applications shall contain the
5		information that, in the judgment of the Department,
6		enables the Department to pass on the qualifications of
7		the applicant for a license to practice as a home
8		inspector as set by rule;
9		(2) be at least 18 years of age;
10		(3) successfully complete a 4-year course of study in
11		a high school or secondary school or an equivalent course
12		of study approved by the state in which the school is
13		located, or possess a high school equivalency certificate,
14		which shall be verified under oath by the applicant
15		provide evidence of having attained a high school diploma
16		or completed an equivalent course of study as determined
17		by an examination conducted by the Illinois State Board of
18		Education;
19		(4) personally take and pass a written examination and
20		a field an examination authorized by the Department; and
21		(5) prior to taking the examination, provide evidence
22		to the Department that the applicant he or she has
23		successfully completed the prerequisite classroom hours of
24		instruction in home inspection, as established by rule.
25		(b) The Department shall not require applicants to report
26		the following information and shall not consider the following

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1		criminal history records in connection with an application for
2		licensure or registration:
3		(1) juvenile adjudications of delinquent minors as
4		defined in Section 5-105 of the Juvenile Court Act of 1987
5		subject to the restrictions set forth in Section 5-130 of
6		that Act;
7		(2) law enforcement records, court records, and
8		conviction records of an individual who was 17 years old
9		at the time of the offense and before January 1, 2014,
10		unless the nature of the offense required the individual
11		to be tried as an adult;
12		(3) records of arrest not followed by a charge or
13		conviction;
14		(4) records of arrest where the charges were dismissed
15		unless related to the practice of the profession; however,
16		applicants shall not be asked to report any arrests, and
17		an arrest not followed by a conviction shall not be the
18		basis of denial and may be used only to assess an
19		applicant's rehabilitation;
20		(5) convictions overturned by a higher court; or
21		(6) convictions or arrests that have been sealed or
22		expunged.
23		(c) An applicant or licensee shall report to the
24		Department, in a manner prescribed by the Department, upon
25		application and within 30 days after the occurrence, if during
26		the term of licensure, (i) any conviction of or plea of guilty

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1		or nolo contendere to forgery, embezzlement, obtaining money
2		under false pretenses, larceny, extortion, conspiracy to
3		defraud, or any similar offense or offenses or any conviction
4		of a felony involving moral turpitude, (ii) the entry of an
5		administrative sanction by a government agency in this State
6		or any other jurisdiction that has as an essential element
7		dishonesty or fraud or involves larceny, embezzlement, or
8		obtaining money, property, or credit by false pretenses, or
9		(iii) a crime that subjects the licensee to compliance with
10		the requirements of the Sex Offender Registration Act.
11		(d) Applicants have 3 years after the date of the
12		application to complete the application process. If the
13		process has not been completed within 3 years, the application
14		shall be denied, the fee forfeited, and the applicant must
15		reapply and meet the requirements in effect at the time of
16		reapplication.
17		(Source: P.A. 100-892, eff. 8-14-18.)
18		(225 ILCS 441/5-12)
19		(Section scheduled to be repealed on January 1, 2022)
20		Sec. 5-12. Application for home inspector license; entity.
21		Every entity that is not a natural person that desires to
22		obtain a home inspector license shall apply to the Department
23		in a manner prescribed on forms provided by the Department and
24		accompanied by the required fee.
25		Applicants have 3 years after the date of the application

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1		to complete the application process. If the process has not
2		been completed within 3 years, the application shall be
3		denied, the fee forfeited, and the applicant must reapply and
4		meet the requirements in effect at the time of reapplication.
5		A corporation, limited liability company, partnership, or
6		entity shall, as a condition of licensure, designate a
7		managing licensed home inspector. The managing home inspector
8		of any home inspector entity shall be responsible for the
9		actions of all licensed and unlicensed employees, agents, and
10		representatives of that home inspector entity while it is
11		providing a home inspection or home inspection service. All
12		other requirements for home inspector entities shall be
13		established by rule.
14		(Source: P.A. 97-226, eff. 7-28-11.)
15		(225 ILCS 441/5-16)
16		(Section scheduled to be repealed on January 1, 2022)
17		Sec. 5-16. Renewal of license.
18		(a) The expiration date and renewal period for a home
19		inspector license issued under this Act shall be set by rule.
20		Except as otherwise provided in subsections (b) and (c) of
21		this Section, the holder of a license may renew the license
22		within 90 days preceding the expiration date by:
23		(1) completing and submitting to the Department a
24		renewal application in a manner prescribed form as
25		provided by the Department;

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1		(2) paying the required fees; and
2		(3) providing evidence of successful completion of the
3		continuing education requirements through courses approved
4		by the Department given by education providers licensed by
5		the Department, as established by rule.
6		(b) A home inspector whose license under this Act has
7		expired may renew the license for a period of 2 years following
8		the expiration date by complying with the requirements of
9		subparagraphs (1), (2), and (3) of subsection (a) of this
10		Section and paying any late penalties established by rule.
11		(c) Notwithstanding subsection (b), a home inspector whose
12		license under this Act has expired may renew the license
13		without paying any lapsed renewal fees or late penalties if
14		(i) the license expired while the home inspector was on active
15		duty with the United States Armed Services, (ii) application
16		for renewal is made within 2 years following the termination
17		of the military service or related education, training, or
18		employment, and (iii) the applicant furnishes to the
19		Department an affidavit that the applicant he or she was so
20		engaged.
21		(d) The Department shall provide reasonable care and due
22		diligence to ensure that each licensee under this Act is
23		provided a renewal application at least 90 days prior to the
24		expiration date, but it is the responsibility of each licensee
25		to renew the his or her license prior to its expiration date.
26		(Source: P.A. 97-226, eff. 7-28-11.)

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1		(225 ILCS 441/5-17)
2		(Section scheduled to be repealed on January 1, 2022)
3		Sec. 5-17. Renewal of home inspector license; entity.
4		(a) The expiration date and renewal period for a home
5		inspector license for an entity that is not a natural person
6		shall be set by rule. The holder of a license may renew the
7		license within 90 days preceding the expiration date by
8		completing and submitting to the Department a renewal
9		application in a manner prescribed form as provided by the
10		Department and paying the required fees.
11		(b) An entity that is not a natural person whose license
12		under this Act has expired may renew the license for a period
13		of 2 years following the expiration date by complying with the
14		requirements of subsection (a) of this Section and paying any
15		late penalties established by rule.
16		(Source: P.A. 97-226, eff. 7-28-11.)
17		(225 ILCS 441/5-20)
18		(Section scheduled to be repealed on January 1, 2022)
19		Sec. 5-20. Endorsement. The Department may, in its
20		discretion, license as a home inspector, by endorsement, on
21		payment of the required fee, an applicant who is a home
22		inspector licensed under the laws of another state or
23		territory, if (i) the requirements for licensure in the state
24		or territory in which the applicant was licensed were, at the

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1		date of his or her licensure, substantially equivalent to the
2		requirements in force in this State on that date or (ii) there
3		were no requirements in force in this State on the date of his
4		or her licensure and the applicant possessed individual
5		qualifications on that date that are substantially similar to
6		the requirements under this Act. The Department may adopt any
7		rules necessary to implement this Section.
8		Applicants have 3 years after the date of application to
9		complete the application process. If the process has not been
10		completed within 3 years, the application shall be denied, the
11		fee forfeited, and the applicant must reapply and meet the
12		requirements in effect at the time of reapplication.
13		(Source: P.A. 97-226, eff. 7-28-11.)
14		(225 ILCS 441/5-25)
15		(Section scheduled to be repealed on January 1, 2022)
16		Sec. 5-25. Pre-license education requirements. The
17		prerequisite curriculum and classroom hours necessary for a
18		person to be approved to sit for the examination for a home
19		inspector shall be established by rule. Approved education, as
20		prescribed by this Act and its associated administrative rules
21		for licensure as a home inspector, shall be valid for 2 years
22		after the date of satisfactory completion of the education.
23		(Source: P.A. 92-239, eff. 8-3-01.)
24		(225 ILCS 441/5-30)

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1		(Section scheduled to be repealed on January 1, 2022)
2		Sec. 5-30. Continuing education renewal requirements. The
3		continuing education requirements for a person to renew a
4		license as a home inspector shall be established by rule. The
5		Department shall establish a continuing education completion
6		deadline for home inspector licensees and require evidence of
7		compliance with continuing education requirements in a manner
8		established by rule before the renewal of a license.
9		(Source: P.A. 100-831, eff. 1-1-19.)
10		(225 ILCS 441/5-50 new)
11		Sec. 5-50. Insurance.
12		(a) All applicants for a home inspector license and all
13		licensees shall maintain general liability insurance in an
14		amount of not less than $100,000.
15		(b) Failure of an applicant or a licensee to carry and
16		maintain the insurance required by this Section, to timely
17		submit proof of coverage upon the Department's request, or to
18		timely report any claims made against such policies of
19		insurance shall be grounds for the denial of an application to
20		renew a license, or the suspension or revocation of the
21		license.
22		(c) The policies of insurance submitted by an applicant
23		for a new license or an applicant for renewal of a license must
24		include the name of the applicant as it appears or will appear
25		on the license.

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1		(d) A home inspector shall maintain the insurance required
2		by this Section for at least one year after the latest home
3		inspection report the home inspector delivered.
4		(e) The Department may adopt rules to implement this
5		Section.
6		(225 ILCS 441/10-10)
7		(Section scheduled to be repealed on January 1, 2022)
8		Sec. 10-10. Retention of records. A person licensed under
9		this Act shall retain the original or a true and exact copy of
10		all written contracts that engage the licensee's engaging his
11		or her services as a home inspector and all home inspection
12		reports, including any supporting data used to develop the
13		home inspection report, for a period of 5 years or 2 years
14		after the final disposition of any judicial proceeding, which
15		includes any appeal, in which testimony was given, whichever
16		is longer.
17		(Source: P.A. 97-226, eff. 7-28-11.)
18		(225 ILCS 441/15-10)
19		(Section scheduled to be repealed on January 1, 2022)
20		Sec. 15-10. Grounds for disciplinary action.
21		(a) The Department may refuse to issue or renew, or may
22		revoke, suspend, place on probation, reprimand, or take other
23		disciplinary or non-disciplinary action as the Department may
24		deem appropriate, including imposing fines not to exceed

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1		$25,000 for each violation, with regard to any license for any
2		one or combination of the following:
3		(1) Fraud or misrepresentation in applying for, or
4		procuring a license under this Act or in connection with
5		applying for renewal of a license under this Act.
6		(2) Failing to meet the minimum qualifications for
7		licensure as a home inspector established by this Act.
8		(3) Paying money, other than for the fees provided for
9		by this Act, or anything of value to an employee of the
10		Department to procure licensure under this Act.
11		(4) Conviction of, or by plea of guilty or nolo
12		contendere, or finding as enumerated in subsection (c) of
13		Section 5-10, of guilt, jury verdict, or entry of judgment
14		or by sentencing of any crime, including, but not limited
15		to, convictions, preceding sentences of supervision,
16		conditional discharge, or first offender probation, under
17		the laws of any jurisdiction of the United States: (i)
18		that is a felony, ; (ii) that is a misdemeanor, or
19		administrative sanction, or (ii) an essential element of
20		which is dishonesty, or that is directly related to the
21		practice of the profession; or (iii) that is a crime that
22		subjects the licensee to compliance with the requirements
23		of the Sex Offender Registration Act.
24		(5) Committing an act or omission involving
25		dishonesty, fraud, or misrepresentation with the intent to
26		substantially benefit the licensee or another person or

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1		with the intent to substantially injure another person.
2		(6) Violating a provision or standard for the
3		development or communication of home inspections as
4		provided in Section 10-5 of this Act or as defined in the
5		rules.
6		(7) Failing or refusing to exercise reasonable
7		diligence in the development, reporting, or communication
8		of a home inspection report, as defined by this Act or the
9		rules.
10		(8) Violating a provision of this Act or the rules.
11		(9) Having been disciplined by another state, the
12		District of Columbia, a territory, a foreign nation, a
13		governmental agency, or any other entity authorized to
14		impose discipline if at least one of the grounds for that
15		discipline is the same as or substantially equivalent to
16		one of the grounds for which a licensee may be disciplined
17		under this Act.
18		(10) Engaging in dishonorable, unethical, or
19		unprofessional conduct of a character likely to deceive,
20		defraud, or harm the public.
21		(11) Accepting an inspection assignment when the
22		employment itself is contingent upon the home inspector
23		reporting a predetermined analysis or opinion, or when the
24		fee to be paid is contingent upon the analysis, opinion,
25		or conclusion reached or upon the consequences resulting
26		from the home inspection assignment.

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1		(12) Developing home inspection opinions or
2		conclusions based on the race, color, religion, sex,
3		national origin, ancestry, age, marital status, family
4		status, physical or mental disability, military status, or
5		unfavorable discharge from military status discharge,
6		sexual orientation, order of protection status, or
7		pregnancy, as defined under the Illinois Human Rights Act,
8		of the prospective or present owners or occupants of the
9		area or property under home inspection.
10		(13) Being adjudicated liable in a civil proceeding on
11		grounds of fraud, misrepresentation, or deceit. In a
12		disciplinary proceeding based upon a finding of civil
13		liability, the home inspector shall be afforded an
14		opportunity to present mitigating and extenuating
15		circumstances, but may not collaterally attack the civil
16		adjudication.
17		(14) Being adjudicated liable in a civil proceeding
18		for violation of a State or federal fair housing law.
19		(15) Engaging in misleading or untruthful advertising
20		or using a trade name or insignia of membership in a home
21		inspection organization of which the licensee is not a
22		member.
23		(16) Failing, within 30 days, to provide information
24		in response to a written request made by the Department.
25		(17) Failing to include within the home inspection
26		report the home inspector's license number and the date of

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1		expiration of the license. The names of (i) all persons
2		who conducted the home inspection; and (ii) all persons
3		who prepared the subsequent written evaluation or any part
4		thereof must be disclosed in the report. All home
5		inspectors providing significant contribution to the
6		development and reporting of a home inspection must be
7		disclosed in the home inspection report. It is a violation
8		of this Act for a home inspector to sign a home inspection
9		report knowing that the names of all such persons have a
10		person providing a significant contribution to the report
11		has not been disclosed in the home inspection report.
12		(18) Advising a client as to whether the client should
13		or should not engage in a transaction regarding the
14		residential real property that is the subject of the home
15		inspection.
16		(19) Performing a home inspection in a manner that
17		damages or alters the residential real property that is
18		the subject of the home inspection without the consent of
19		the owner.
20		(20) Performing a home inspection when the home
21		inspector is providing or may also provide other services
22		in connection with the residential real property or
23		transaction, or has an interest in the residential real
24		property, without providing prior written notice of the
25		potential or actual conflict and obtaining the prior
26		consent of the client as provided by rule.

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1		(21) Aiding or assisting another person in violating
2		any provision of this Act or rules adopted under this Act.
3		(22) Inability to practice with reasonable judgment,
4		skill, or safety as a result of habitual or excessive use
5		or addiction to alcohol, narcotics, stimulants, or any
6		other chemical agent or drug.
7		(23) A finding by the Department that the licensee,
8		after having the his or her license placed on probationary
9		status, has violated the terms of probation.
10		(24) Willfully making or filing false records or
11		reports related to the in his or her practice of home
12		inspection, including, but not limited to, false records
13		filed with State agencies or departments.
14		(25) Charging for professional services not rendered,
15		including filing false statements for the collection of
16		fees for which services are not rendered.
17		(26) Practicing under a false or, except as provided
18		by law, an assumed name.
19		(27) Cheating on or attempting to subvert the
20		licensing examination administered under this Act.
21		(28) Engaging in any of the following prohibited
22		fraudulent, false, deceptive, or misleading advertising
23		practices:
24		(i) advertising as a home inspector or operating a
25		home inspection business entity unless there is a duly
26		licensed home inspector responsible for all inspection

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1		activities and all inspections;
2		(ii) advertising that contains a misrepresentation
3		of facts or false statements regarding the licensee's
4		professional achievements, degrees, training, skills,
5		or qualifications in the home inspection profession or
6		any other profession requiring licensure;
7		(iii) advertising that makes only a partial
8		disclosure of relevant facts related to pricing or
9		home inspection services; and
10		(iv) advertising that claims this State or any of
11		its political subdivisions endorse the home inspection
12		report or its contents.
13		(29) Disclosing, except as otherwise required by law,
14		inspection results or client information obtained without
15		the client's written consent. A home inspector shall not
16		deliver a home inspection report to any person other than
17		the client of the home inspector without the client's
18		written consent.
19		(30) Providing fees, gifts, waivers of liability, or
20		other forms of compensation or gratuities to persons
21		licensed under any real estate professional licensing act
22		in this State as consideration or inducement for the
23		referral of business.
24		(b) The Department may suspend, revoke, or refuse to issue
25		or renew an education provider's license, may reprimand, place
26		on probation, or otherwise discipline an education provider

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1		licensee, and may suspend or revoke the course approval of any
2		course offered by an education provider, for any of the
3		following:
4		(1) Procuring or attempting to procure licensure by
5		knowingly making a false statement, submitting false
6		information, making any form of fraud or
7		misrepresentation, or refusing to provide complete
8		information in response to a question in an application
9		for licensure.
10		(2) Failing to comply with the covenants certified to
11		on the application for licensure as an education provider.
12		(3) Committing an act or omission involving
13		dishonesty, fraud, or misrepresentation or allowing any
14		such act or omission by any employee or contractor under
15		the control of the education provider.
16		(4) Engaging in misleading or untruthful advertising.
17		(5) Failing to retain competent instructors in
18		accordance with rules adopted under this Act.
19		(6) Failing to meet the topic or time requirements for
20		course approval as the provider of a pre-license
21		curriculum course or a continuing education course.
22		(7) Failing to administer an approved course using the
23		course materials, syllabus, and examinations submitted as
24		the basis of the course approval.
25		(8) Failing to provide an appropriate classroom
26		environment for presentation of courses, with

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1		consideration for student comfort, acoustics, lighting,
2		seating, workspace, and visual aid material.
3		(9) Failing to maintain student records in compliance
4		with the rules adopted under this Act.
5		(10) Failing to provide a certificate, transcript, or
6		other student record to the Department or to a student as
7		may be required by rule.
8		(11) Failing to fully cooperate with a Department
9		investigation by knowingly making a false statement,
10		submitting false or misleading information, or refusing to
11		provide complete information in response to written
12		interrogatories or a written request for documentation
13		within 30 days of the request.
14		(c) (Blank). In appropriate cases, the Department may
15		resolve a complaint against a licensee through the issuance of
16		a Consent to Administrative Supervision order. A licensee
17		subject to a Consent to Administrative Supervision order shall
18		be considered by the Department as an active licensee in good
19		standing. This order shall not be reported as or considered by
20		the Department to be a discipline of the licensee. The records
21		regarding an investigation and a Consent to Administrative
22		Supervision order shall be considered confidential and shall
23		not be released by the Department except as mandated by law.
24		The complainant shall be notified that his or her complaint
25		has been resolved by a Consent to Administrative Supervision
26		order.

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1		(d) The Department may refuse to issue or may suspend
2		without hearing, as provided for in the Code of Civil
3		Procedure, the license of any person who fails to file a tax
4		return, to pay the tax, penalty, or interest shown in a filed
5		tax return, or to pay any final assessment of tax, penalty, or
6		interest, as required by any tax Act administered by the
7		Illinois Department of Revenue, until such time as the
8		requirements of the tax Act are satisfied in accordance with
9		subsection (g) of Section 2105-15 of the Civil Administrative
10		Code of Illinois.
11		(e) (Blank).
12		(f) In cases where the Department of Healthcare and Family
13		Services has previously determined that a licensee or a
14		potential licensee is more than 30 days delinquent in the
15		payment of child support and has subsequently certified the
16		delinquency to the Department, the Department may refuse to
17		issue or renew or may revoke or suspend that person's license
18		or may take other disciplinary action against that person
19		based solely upon the certification of delinquency made by the
20		Department of Healthcare and Family Services in accordance
21		with item (5) of subsection (a) of Section 2105-15 of the Civil
22		Administrative Code of Illinois.
23		(g) The determination by a circuit court that a licensee
24		is subject to involuntary admission or judicial admission, as
25		provided in the Mental Health and Developmental Disabilities
26		Code, operates as an automatic suspension. The suspension will

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

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

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1		this Section shall be afforded an opportunity to demonstrate
2		to the Department that he or she can resume practice in
3		compliance with acceptable and prevailing standards under the
4		provisions of his or her license.
5		(Source: P.A. 100-872, eff. 8-14-18.)
6		(225 ILCS 441/15-10.1 new)
7		Sec. 15-10.1. Citations.
8		(a) The Department may adopt rules to permit the issuance
9		of citations to any licensee for failure to comply with the
10		continuing education requirements set forth in this Act or as
11		established by rule. The citation shall be issued to the
12		licensee and shall contain the licensee's name, the licensee's
13		address, the licensee's license number, the number of required
14		hours of continuing education that have not been successfully
15		completed by the licensee within the renewal period, and the
16		penalty imposed, which shall not exceed $2,000. The issuance
17		of a citation shall not excuse the licensee from completing
18		all continuing education required for that renewal period.
19		(b) Service of a citation shall be made in person,
20		electronically, or by mail to the licensee at the licensee's
21		address of record or email address of record, and the citation
22		must clearly state that if the cited licensee wishes to
23		dispute the citation, the cited licensee may make a written
24		request, within 30 days after the citation is served, for a
25		hearing before the Department. If the cited licensee does not

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1		request a hearing within 30 days after the citation is served,
2		then the citation shall become a final, non-disciplinary
3		order, and any fine imposed is due and payable within 60 days
4		after that final order. If the cited licensee requests a
5		hearing within 30 days after the citation is served, the
6		Department shall afford the cited licensee a hearing conducted
7		in the same manner as a hearing provided for in this Act for
8		any violation of this Act and shall determine whether the
9		cited licensee committed the violation as charged and whether
10		the fine as levied is warranted. If the violation is found, any
11		fine shall constitute non-public discipline and be due and
12		payable within 30 days after the order of the Secretary, which
13		shall constitute a final order of the Department. No change in
14		license status may be made by the Department until a final
15		order of the Department has been issued.
16		(c) Payment of a fine that has been assessed pursuant to
17		this Section shall not constitute disciplinary action
18		reportable on the Department's website or elsewhere unless a
19		licensee has previously received 2 or more citations and been
20		assessed 2 or more fines.
21		(d) Nothing in this Section shall prohibit or limit the
22		Department from taking further action pursuant to this Act and
23		rules for additional, repeated, or continuing violations.
24		(225 ILCS 441/15-15)
25		(Section scheduled to be repealed on January 1, 2022)

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1		Sec. 15-15. Investigation; notice; hearing. The Department
2		may investigate the actions of any applicant or licensee or of
3		any person or persons rendering or offering to render home
4		inspection services or any person holding or claiming to hold
5		a license as a home inspector. The Department shall, before
6		refusing to issue or renew a license or to discipline a
7		licensee pursuant to Section 15-10, at least 30 days prior to
8		the date set for the hearing, (i) notify the accused in
9		writing, of the charges made and the time and place for the
10		hearing on the charges, (ii) direct the licensee or applicant
11		him or her to file a written answer with the Department under
12		oath within 20 days after the service of the notice, and (iii)
13		inform the applicant or licensee that failure to file an
14		answer will result in a default judgment being entered against
15		the applicant or licensee. At the time and place fixed in the
16		notice, the Department shall proceed to hear the charges and
17		the parties of their counsel shall be accorded ample
18		opportunity to present any pertinent statements, testimony,
19		evidence, and arguments. The Department may continue the
20		hearing from time to time. In case the person, after receiving
21		the notice, fails to file an answer, the his or her license,
22		may, in the discretion of the Department, be revoked,
23		suspended, placed on probationary status, or the Department
24		may take whatever disciplinary actions considered proper,
25		including limiting the scope, nature, or extent of the
26		person's practice or the imposition of a fine, without a

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1		hearing, if the act or acts charged constitute sufficient
2		grounds for that action under the Act. The notice may be served
3		by personal delivery, by mail, or, at the discretion of the
4		Department, by electronic means to the address of record or
5		email address of record specified by the accused as last
6		updated with the Department. The written notice may be served
7		by personal delivery or by certified mail to the accused's
8		address of record.
9		A copy of the hearing officer's report or any Order of
10		Default, along with a copy of the original complaint giving
11		rise to the action, shall be served upon the applicant,
12		licensee, or unlicensed person by the Department to the
13		applicant, licensee, or unlicensed individual in the manner
14		provided in this Act for the service of a notice of hearing.
15		Within 20 days after service, the applicant or licensee may
16		present to the Department a motion in writing for a rehearing,
17		which shall specify the particular grounds for rehearing. The
18		Department may respond to the motion, or if a motion for
19		rehearing is denied, then upon denial, the Secretary may enter
20		an order in accordance with the recommendations of the hearing
21		officer. If the applicant or licensee orders from the
22		reporting service and pays for a transcript of the record
23		within the time for filing a motion for rehearing, then the
24		20-day period during which a motion may be filed shall
25		commence upon the delivery of the transcript to the applicant
26		or licensee.

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1		(Source: P.A. 97-226, eff. 7-28-11.)
2		(225 ILCS 441/15-20)
3		(Section scheduled to be repealed on January 1, 2022)
4		Sec. 15-20. Administrative Review Law; certification fees;
5		Illinois Administrative Procedure Act.
6		(a) All final administrative decisions of the Department
7		under this Act are subject to judicial review pursuant to the
8		provisions of the Administrative Review Law and the rules
9		adopted pursuant thereto. The term "administrative decision"
10		has the meaning ascribed to it in Section 3-101 of the
11		Administrative Review Law.
12		(b) The Department shall not be required to certify any
13		record to the court or file any answer in court or otherwise
14		appear in any court in a judicial review proceeding, unless
15		and until the Department has received from the plaintiff
16		payment of the costs of furnishing and certifying the record,
17		which costs shall be determined by the Department. Exhibits
18		shall be certified without cost. Failure on the part of the
19		plaintiff to file a receipt in court is grounds for dismissal
20		of the action.
21		(c) The Illinois Administrative Procedure Act is hereby
22		expressly adopted and incorporated herein. In the event of a
23		conflict between this Act and the Illinois Administrative
24		Procedure Act, this Act shall control.
25		(d) Proceedings for judicial review shall be commenced in

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1		the circuit court of the county in which the party applying for
2		review resides, but if the party is not a resident of Illinois,
3		the venue shall be in Sangamon County or Cook County.
4		(Source: P.A. 97-226, eff. 7-28-11.)
5		(225 ILCS 441/15-36 new)
6		Sec. 15-36. No private right of action. Except as
7		otherwise expressly provided for in this Act, nothing in this
8		Act shall be construed to grant to any person a private right
9		of action to enforce the provisions of this Act or the rules
10		adopted under this Act.
11		(225 ILCS 441/15-55)
12		(Section scheduled to be repealed on January 1, 2022)
13		Sec. 15-55. Returned checks and dishonored credit card
14		charges; penalty fee; revocation termination. A person who (1)
15		delivers a check or other payment to the Department that is
16		returned to the Department unpaid by the financial institution
17		upon which it was drawn shall pay to the Department; or (2)
18		presents a credit or debit card for payment that is invalid or
19		expired or against which charges by the Department are
20		declined or dishonored, in addition to the amount already
21		owed, a penalty fee of $50. The Department shall notify the
22		person, by certified mail return receipt requested, that the
23		his or her check or payment was returned or that the credit
24		card charge was dishonored and that the person shall pay to the

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1		Department by certified check or money order the amount of the
2		returned check plus a $50 penalty fee within 30 calendar days
3		after the date of the notification. If, after the expiration
4		of 30 calendar days of the notification, the person has failed
5		to remit the necessary funds and penalty, the Department shall
6		automatically revoke terminate the license or deny the
7		application without hearing. If the returned check or other
8		payment was for issuance of a license under this Act and that
9		person practices as a home inspector, that person may be
10		subject to discipline for unlicensed practice as provided in
11		this Act. If, after revocation termination or denial, the
12		person seeks a license, the applicant or licensee he or she
13		shall petition the Department for restoration or issuance of
14		the license and he or she may be subject to additional
15		discipline or fines. The Secretary may waive the penalties or
16		fines due under this Section in individual cases where the
17		Secretary finds that the penalties or fines would be
18		unreasonable or unnecessarily burdensome.
19		(Source: P.A. 97-226, eff. 7-28-11.)
20		(225 ILCS 441/15-60)
21		(Section scheduled to be repealed on January 1, 2022)
22		Sec. 15-60. Violations; injunction; cease and desist
23		orders.
24		(a) If any person violates a provision of this Act, the
25		Secretary may, in the name of the People of the State of

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1		Illinois, through the Attorney General of the State of
2		Illinois or the State's Attorney in the county in which the
3		offense occurs, petition for an order enjoining the violation
4		or for an order enforcing compliance with this Act. Upon the
5		filing of a verified petition in court, the court may issue a
6		temporary restraining order, without notice or bond, and may
7		preliminarily and permanently enjoin the violation. If it is
8		established that the person has violated or is violating the
9		injunction, the court may punish the offender for contempt of
10		court. Proceedings under this Section shall be in addition to,
11		and not in lieu of, all other remedies and penalties provided
12		by this Act.
13		(b) If any person practices as a home inspector or holds
14		oneself himself or herself out as a home inspector without
15		being licensed under the provisions of this Act, then the
16		Secretary, any licensed home inspector, any interested party,
17		or any person injured thereby may petition for relief as
18		provided in subsection (a) of this Section or may apply to the
19		circuit court of the county in which the violation or some part
20		thereof occurred, or in which the person complained of resides
21		or has a his or her principal place of business or resides, to
22		prevent the violation. The court has jurisdiction to enforce
23		obedience by injunction or by other process restricting the
24		person complained of from further violation and may enjoin
25		enjoining upon the person him or her obedience.
26		(c) Whoever knowingly practices or offers to practice home

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1		inspection in this State without a license for that purpose
2		shall be guilty of a Class A misdemeanor for the first offense
3		and shall be guilty of a Class 4 felony for the second and any
4		subsequent offense.
5		(d) Whenever, in the opinion of the Department, a person
6		violates any provision of this Act, the Department may issue a
7		rule to show cause why an order to cease and desist should not
8		be entered against that person. The rule shall clearly set
9		forth the grounds relied upon by the Department and shall
10		provide a period of 7 days from the date of the rule to file an
11		answer to the satisfaction of the Department. Failure to
12		answer to the satisfaction of the Department shall cause an
13		order to cease and desist to be issued.
14		(Source: P.A. 97-226, eff. 7-28-11.)
15		(225 ILCS 441/20-5)
16		(Section scheduled to be repealed on January 1, 2022)
17		Sec. 20-5. Education provider.
18		(a) Only education providers licensed by the Department
19		may provide the pre-license and continuing education courses
20		required for licensure under this Act.
21		(b) A person or entity seeking to be licensed as an
22		education provider under this Act shall provide satisfactory
23		evidence of the following:
24		(1) a sound financial base for establishing,
25		promoting, and delivering the necessary courses;

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1		(2) a sufficient number of qualified instructors;
2		(3) adequate support personnel to assist with
3		administrative matters and technical assistance;
4		(4) a written policy dealing with procedures for
5		management of grievances and fee refunds;
6		(5) a qualified school administrator, who is
7		responsible for the administration of the school, courses,
8		and the actions of the instructors; and
9		(6) any other requirements provided by rule.
10		(c) All applicants for an education provider's license
11		shall make initial application to the Department in a manner
12		prescribed on forms provided by the Department and pay the
13		appropriate fee as provided by rule. In addition to any other
14		information required to be contained in the application as
15		prescribed by rule, every application for an original or
16		renewed license shall include the applicant's tax
17		identification number. The term, expiration date, and renewal
18		of an education provider's license shall be established by
19		rule.
20		(d) An education provider shall provide each successful
21		course participant with a certificate of completion signed by
22		the school administrator. The format and content of the
23		certificate shall be specified by rule.
24		(e) All education providers shall provide to the
25		Department a monthly roster of all successful course
26		participants as provided by rule.

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1		(Source: P.A. 97-226, eff. 7-28-11.)
2		(225 ILCS 441/25-15)
3		(Section scheduled to be repealed on January 1, 2022)
4		Sec. 25-15. Liaison; duties. The Secretary shall appoint
5		an employee of the Department to:
6		(1) (blank);
7		(2) be the direct liaison between the Department, peer
8		review advisors, the profession, home inspectors, and
9		related industry organizations and associations; and
10		(3) prepare and circulate to licensees such
11		educational and informational material as the Department
12		deems necessary for providing guidance or assistance to
13		licensees.
14		(Source: P.A. 97-226, eff. 7-28-11.)
15		(225 ILCS 441/25-27)
16		(Section scheduled to be repealed on January 1, 2022)
17		Sec. 25-27. Subpoenas; depositions; oaths.
18		(a) The Department may subpoena and bring before it any
19		person to take oral or written testimony or compel the
20		production of any books, papers, records, or any other
21		documents the Secretary or the Secretary's his or her designee
22		deems relevant or material to any investigation or hearing
23		conducted by the Department with the same fees and in the same
24		manner as prescribed in civil cases in the courts of this

HB0806 Enrolled - 320 - LRB102 02614 SPS 12617 b
1		State.
2		(b) Any circuit court, upon the application of the
3		licensee or the Department, may order the attendance and
4		testimony of witnesses and the production of relevant
5		documents, files, records, books, and papers in connection
6		with any hearing or investigation. The circuit court may
7		compel obedience to its order by proceedings for contempt.
8		(c) The Secretary, the hearing officer, any member of the
9		Board, or a certified shorthand court reporter may administer
10		oaths at any hearing the Department conducts. Notwithstanding
11		any other statute or Department rule to the contrary, all
12		requests for testimony, production of documents, or records
13		shall be in accordance with this Act.
14		(Source: P.A. 97-226, eff. 7-28-11.)
15		(225 ILCS 441/25-17 rep.)
16		Section 75. The Home Inspector License Act is amended by
17		repealing Section 25-17.
18		Section 80. The Real Estate Appraiser Licensing Act of
19		2002 is amended by changing Sections 1-10, 5-5, 5-10, 5-15,
20		5-20, 5-20.5, 5-22, 5-25, 5-30, 5-35, 10-5, 10-10, 15-5,
21		15-10, 15-15, 15-55, 20-5, 20-10, 25-10, 25-15, 25-16, 25-20,
22		25-25, and 30-5 and by adding Sections 1-12, 5-26, 15-10.1,
23		15-11, and 25-35 as follows:

HB0806 Enrolled - 321 - LRB102 02614 SPS 12617 b
1		(225 ILCS 458/1-10)
2		(Section scheduled to be repealed on January 1, 2022)
3		Sec. 1-10. Definitions. As used in this Act, unless the
4		context otherwise requires:
5		"Accredited college or university, junior college, or
6		community college" means a college or university, junior
7		college, or community college that is approved or accredited
8		by the Board of Higher Education, a regional or national
9		accreditation association, or by an accrediting agency that is
10		recognized by the U.S. Secretary of Education.
11		"Address of record" means the designated street address,
12		which may not be a post office box, recorded by the Department
13		in the applicant's or licensee's application file or license
14		file as maintained by the Department's licensure maintenance
15		unit. It is the duty of the applicant or licensee to inform the
16		Department of any change of address and those changes must be
17		made either through the Department's website or by contacting
18		the Department.
19		"Applicant" means person who applies to the Department for
20		a license under this Act.
21		"Appraisal" means (noun) the act or process of developing
22		an opinion of value; an opinion of value (adjective) of or
23		pertaining to appraising and related functions, such as
24		appraisal practice or appraisal services.
25		"Appraisal assignment" means a valuation service provided
26		pursuant to as a consequence of an agreement between an

HB0806 Enrolled - 322 - LRB102 02614 SPS 12617 b
1		appraiser and a client.
2		"Appraisal consulting" means the act or process of
3		developing an analysis, recommendation, or opinion to solve a
4		problem, where an opinion of value is a component of the
5		analysis leading to the assignment results.
6		"Appraisal firm" means an appraisal entity that is 100%
7		owned and controlled by a person or persons licensed in
8		Illinois as a certified general real estate appraiser or a
9		certified residential real estate appraiser. "Appraisal firm"
10		does not include an appraisal management company.
11		"Appraisal management company" means any corporation,
12		limited liability company, partnership, sole proprietorship,
13		subsidiary, unit, or other business entity that directly or
14		indirectly: (1) provides appraisal management services to
15		creditors or secondary mortgage market participants, including
16		affiliates; (2) provides appraisal management services in
17		connection with valuing the consumer's principal dwelling as
18		security for a consumer credit transaction (including consumer
19		credit transactions incorporated into securitizations); and
20		(3) within a given year, oversees an appraiser panel of any
21		size of State-certified appraisers in Illinois; and (4) any
22		appraisal management company that, within a given 12-month
23		period year, oversees an appraiser panel of 16 or more
24		State-certified appraisers in Illinois or 25 or more
25		State-certified or State-licensed appraisers in 2 or more
26		jurisdictions shall be subject to the appraisal management

HB0806 Enrolled - 323 - LRB102 02614 SPS 12617 b
1		company national registry fee in addition to the appraiser
2		panel fee. "Appraisal management company" includes a hybrid
3		entity.
4		"Appraisal practice" means valuation services performed by
5		an individual acting as an appraiser, including, but not
6		limited to, appraisal or , appraisal review, or appraisal
7		consulting.
8		"Appraisal report" means any communication, written or
9		oral, of an appraisal or appraisal review that is transmitted
10		to a client upon completion of an assignment.
11		"Appraisal review" means the act or process of developing
12		and communicating an opinion about the quality of another
13		appraiser's work that was performed as part of an appraisal,
14		appraisal review, or appraisal assignment.
15		"Appraisal Subcommittee" means the Appraisal Subcommittee
16		of the Federal Financial Institutions Examination Council as
17		established by Title XI.
18		"Appraiser" means a person who performs real estate or
19		real property appraisals competently and in a manner that is
20		independent, impartial, and objective.
21		"Appraiser panel" means a network, list, or roster of
22		licensed or certified appraisers approved by the appraisal
23		management company or by the end-user client to perform
24		appraisals as independent contractors for the appraisal
25		management company. "Appraiser panel" includes both appraisers
26		accepted by an appraisal management company for consideration

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1		for future appraisal assignments and appraisers engaged by an
2		appraisal management company to perform one or more
3		appraisals. For the purposes of determining the size of an
4		appraiser panel, only independent contractors of hybrid
5		entities shall be counted towards the appraiser panel.
6		"AQB" means the Appraisal Qualifications Board of the
7		Appraisal Foundation.
8		"Associate real estate trainee appraiser" means an
9		entry-level appraiser who holds a license of this
10		classification under this Act with restrictions as to the
11		scope of practice in accordance with this Act.
12		"Automated valuation model" means an automated system that
13		is used to derive a property value through the use of available
14		property records and various analytic methodologies such as
15		comparable sales prices, home characteristics, and price
16		changes.
17		"Board" means the Real Estate Appraisal Administration and
18		Disciplinary Board.
19		"Broker price opinion" means an estimate or analysis of
20		the probable selling price of a particular interest in real
21		estate, which may provide a varying level of detail about the
22		property's condition, market, and neighborhood and information
23		on comparable sales. The activities of a real estate broker or
24		managing broker engaging in the ordinary course of business as
25		a broker, as defined in this Section, shall not be considered a
26		broker price opinion if no compensation is paid to the broker

HB0806 Enrolled - 325 - LRB102 02614 SPS 12617 b
1		or managing broker, other than compensation based upon the
2		sale or rental of real estate.
3		"Classroom hour" means 50 minutes of instruction out of
4		each 60 minute segment of coursework.
5		"Client" means the party or parties who engage an
6		appraiser by employment or contract in a specific appraisal
7		assignment.
8		"Comparative market analysis" is an analysis or opinion
9		regarding pricing, marketing, or financial aspects relating to
10		a specified interest or interests in real estate that may be
11		based upon an analysis of comparative market data, the
12		expertise of the real estate broker or managing broker, and
13		such other factors as the broker or managing broker may deem
14		appropriate in developing or preparing such analysis or
15		opinion. The activities of a real estate broker or managing
16		broker engaging in the ordinary course of business as a
17		broker, as defined in this Section, shall not be considered a
18		comparative market analysis if no compensation is paid to the
19		broker or managing broker, other than compensation based upon
20		the sale or rental of real estate.
21		"Coordinator" means the Coordinator of Real Estate
22		Appraisal Coordinator created in Section 25-15 of the Division
23		of Professional Regulation of the Department of Financial and
24		Professional Regulation.
25		"Department" means the Department of Financial and
26		Professional Regulation.

HB0806 Enrolled - 326 - LRB102 02614 SPS 12617 b
1		"Email address of record" means the designated email
2		address recorded by the Department in the applicant's
3		application file or the licensee's license file maintained by
4		the Department.
5		"Evaluation" means a valuation permitted by the appraisal
6		regulations of the Federal Financial Institutions Examination
7		Council and its federal agencies for transactions that qualify
8		for the appraisal threshold exemption, business loan
9		exemption, or subsequent transaction exemption.
10		"Federal financial institutions regulatory agencies" means
11		the Board of Governors of the Federal Reserve System, the
12		Federal Deposit Insurance Corporation, the Office of the
13		Comptroller of the Currency, the Consumer Financial Protection
14		Bureau, and the National Credit Union Administration.
15		"Federally related transaction" means any real
16		estate-related financial transaction in which a federal
17		financial institutions regulatory agency engages in, contracts
18		for, or regulates and requires the services of an appraiser.
19		"Financial institution" means any bank, savings bank,
20		savings and loan association, credit union, mortgage broker,
21		mortgage banker, licensee under the Consumer Installment Loan
22		Act or the Sales Finance Agency Act, or a corporate fiduciary,
23		subsidiary, affiliate, parent company, or holding company of
24		any such licensee, or any institution involved in real estate
25		financing that is regulated by state or federal law.
26		"Hybrid entity" means an appraisal management company that

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1		hires an appraiser as an employee to perform an appraisal and
2		engages an independent contractor to perform an appraisal.
3		"License" means the privilege conferred by the Department
4		to a person that has fulfilled all requirements prerequisite
5		to any type of licensure under this Act.
6		"Licensee" means any person, as defined in this Section,
7		who holds a valid unexpired license.
8		"Multi-state licensing system" means a web-based platform
9		that allows an applicant to submit the his or her application
10		or license renewal application to the Department online.
11		"Person" means an individual, entity, sole proprietorship,
12		corporation, limited liability company, partnership, and joint
13		venture, foreign or domestic, except that when the context
14		otherwise requires, the term may refer to more than one
15		individual or other described entity.
16		"Real estate" means an identified parcel or tract of land,
17		including any improvements.
18		"Real estate related financial transaction" means any
19		transaction involving:
20		(1) the sale, lease, purchase, investment in, or
21		exchange of real property, including interests in property
22		or the financing thereof;
23		(2) the refinancing of real property or interests in
24		real property; and
25		(3) the use of real property or interest in property
26		as security for a loan or investment, including mortgage

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1		backed securities.
2		"Real property" means the interests, benefits, and rights
3		inherent in the ownership of real estate.
4		"Secretary" means the Secretary of Financial and
5		Professional Regulation or the Secretary's designee.
6		"State certified general real estate appraiser" means an
7		appraiser who holds a license of this classification under
8		this Act and such classification applies to the appraisal of
9		all types of real property without restrictions as to the
10		scope of practice.
11		"State certified residential real estate appraiser" means
12		an appraiser who holds a license of this classification under
13		this Act and such classification applies to the appraisal of
14		one to 4 units of residential real property without regard to
15		transaction value or complexity, but with restrictions as to
16		the scope of practice in a federally related transaction in
17		accordance with Title XI, the provisions of USPAP, criteria
18		established by the AQB, and further defined by rule.
19		"Supervising appraiser" means either (i) an appraiser who
20		holds a valid license under this Act as either a State
21		certified general real estate appraiser or a State certified
22		residential real estate appraiser, who co-signs an appraisal
23		report for an associate real estate trainee appraiser or (ii)
24		a State certified general real estate appraiser who holds a
25		valid license under this Act who co-signs an appraisal report
26		for a State certified residential real estate appraiser on

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1		properties other than one to 4 units of residential real
2		property without regard to transaction value or complexity.
3		"Title XI" means Title XI of the federal Financial
4		Institutions Reform, Recovery and Enforcement Act of 1989.
5		"USPAP" means the Uniform Standards of Professional
6		Appraisal Practice as promulgated by the Appraisal Standards
7		Board pursuant to Title XI and by rule.
8		"Valuation services" means services pertaining to aspects
9		of property value.
10		(Source: P.A. 100-604, eff. 7-13-18.)
11		(225 ILCS 458/1-12 new)
12		Sec. 1-12. Address of record; email address of record. All
13		applicants and licensees shall:
14		(1) provide a valid address and email address to the
15		Department, which shall serve as the address of record and
16		email address of record, respectively, at the time of
17		application for licensure or renewal of a license; and
18		(2) inform the Department of any change of address of
19		record or email address of record within 14 days after
20		such change through the Department's website.
21		(225 ILCS 458/5-5)
22		(Section scheduled to be repealed on January 1, 2022)
23		Sec. 5-5. Necessity of license; use of title; exemptions.
24		(a) It is unlawful for a person to (i) act, offer services,

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1		or advertise services as a State certified general real estate
2		appraiser, State certified residential real estate appraiser,
3		or associate real estate trainee appraiser, (ii) develop a
4		real estate appraisal, (iii) practice as a real estate
5		appraiser, or (iv) advertise as or hold himself or herself out
6		to be a real estate appraiser without a license issued under
7		this Act. A person who violates this subsection is guilty of a
8		Class A misdemeanor for a first offense and a Class 4 felony
9		for any subsequent offense.
10		(a-5) It is unlawful for a person, unless registered as an
11		appraisal management company, to solicit clients or enter into
12		an appraisal engagement with clients without either a
13		certified residential real estate appraiser license or a
14		certified general real estate appraiser license issued under
15		this Act. A person who violates this subsection is guilty of a
16		Class A misdemeanor for a first offense and a Class 4 felony
17		for any subsequent offense.
18		(b) It is unlawful for a person, other than a person who
19		holds a valid license issued pursuant to this Act as a State
20		certified general real estate appraiser, a State certified
21		residential real estate appraiser, or an associate real estate
22		trainee appraiser to use these titles or any other title,
23		designation, or abbreviation likely to create the impression
24		that the person is licensed as a real estate appraiser
25		pursuant to this Act. A person who violates this subsection is
26		guilty of a Class A misdemeanor for a first offense and a Class

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1		4 felony for any subsequent offense.
2		(c) This Act does not apply to a person who holds a valid
3		license as a real estate broker or managing broker pursuant to
4		the Real Estate License Act of 2000 who prepares or provides a
5		broker price opinion or comparative market analysis in
6		compliance with Section 10-45 of the Real Estate License Act
7		of 2000.
8		(d) Nothing in this Act shall preclude a State certified
9		general real estate appraiser, a State certified residential
10		real estate appraiser, or an associate real estate trainee
11		appraiser from rendering appraisals for or on behalf of a
12		partnership, association, corporation, firm, or group.
13		However, no State appraisal license or certification shall be
14		issued under this Act to a partnership, association,
15		corporation, firm, or group.
16		(e) This Act does not apply to a county assessor, township
17		assessor, multi-township assessor, county supervisor of
18		assessments, or any deputy or employee of any county assessor,
19		township assessor, multi-township assessor, or county
20		supervisor of assessments in performance of who is performing
21		his or her respective duties in accordance with the provisions
22		of the Property Tax Code.
23		(e-5) For the purposes of this Act, valuation waivers may
24		be prepared by a licensed appraiser notwithstanding any other
25		provision of this Act, and the following types of valuations
26		are not appraisals and may not be represented to be

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1		appraisals, and a license is not required under this Act to
2		perform such valuations if the valuations are performed by (1)
3		an employee of the Illinois Department of Transportation who
4		has completed a minimum of 45 hours of course work in real
5		estate appraisal, including the principles principals of real
6		estate appraisals, appraisal of partial acquisitions, easement
7		valuation, reviewing appraisals in eminent domain, appraisal
8		for federal aid highway programs, and appraisal review for
9		federal aid highway programs and has at least 2 years'
10		experience in a field closely related to real estate; (2) a
11		county engineer who is a registered professional engineer
12		under the Professional Engineering Practice Act of 1989; (3)
13		an employee of a municipality who has (i) completed a minimum
14		of 45 hours of coursework in real estate appraisal, including
15		the principles principals of real estate appraisals, appraisal
16		of partial acquisitions, easement valuation, reviewing
17		appraisals in eminent domain, appraisal for federal aid
18		highway programs, and appraisal review for federal aid highway
19		programs and (ii) has either 2 years' experience in a field
20		clearly related to real estate or has completed 20 hours of
21		additional coursework that is sufficient for a person to
22		complete waiver valuations as approved by the Federal Highway
23		Administration; or (4) a municipal engineer who has completed
24		coursework that is sufficient for his or her waiver valuations
25		to be approved by the Federal Highway Administration and who
26		is a registered professional engineer under the Professional

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1		Engineering Act of 1989, under the following circumstances:
2		(A) a valuation waiver in an amount not to exceed
3		$20,000 $10,000 prepared pursuant to the federal Uniform
4		Relocation Assistance and Real Property Acquisition
5		Policies Act of 1970, or prepared pursuant to the federal
6		Uniform Relocation Assistance and Real Property
7		Acquisition for Federal and Federally-Assisted Programs
8		regulations and which is performed by (1) an employee of
9		the Illinois Department of Transportation and co-signed,
10		with a license number affixed, by another employee of the
11		Illinois Department of Transportation who is a registered
12		professional engineer under the Professional Engineering
13		Practice Act of 1989 or (2) an employee of a municipality
14		and co-signed with a license number affixed by a county or
15		municipal engineer who is a registered professional
16		engineer under the Professional Engineering Practice Act
17		of 1989; and
18		(B) a valuation waiver in an amount not to exceed
19		$20,000 $10,000 prepared pursuant to the federal Uniform
20		Relocation Assistance and Real Property Acquisition
21		Policies Act of 1970, or prepared pursuant to the federal
22		Uniform Relocation Assistance and Real Property
23		Acquisition for Federal and Federally-Assisted Programs
24		regulations and which is performed by a county or
25		municipal engineer who is employed by a county or
26		municipality and is a registered professional engineer

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1		under the Professional Engineering Practice Act of 1989.
2		The valuation shall include In addition to his or her
3		signature, the county or municipal engineer's signature
4		and engineer shall affix his or her license number to the
5		valuation.
6		Nothing in this subsection (e-5) shall be construed to
7		allow the State of Illinois, a political subdivision thereof,
8		or any public body to acquire real estate by eminent domain in
9		any manner other than provided for in the Eminent Domain Act.
10		(f) A State real estate appraisal certification or license
11		is not required under this Act for any of the following: (1) A
12		person, partnership, association, or corporation that performs
13		appraisals of property owned by that person, partnership,
14		association, or corporation for the sole use of that person,
15		partnership, association, or corporation.
16		(2) A court-appointed commissioner who conducts an
17		appraisal pursuant to a judicially ordered evaluation of
18		property.
19		Any However, any person who is certified or licensed under
20		this Act and who performs any of the activities set forth in
21		this subsection (f) must comply with the provisions of this
22		Act. A person who violates this subsection (f) is guilty of a
23		Class A misdemeanor for a first offense and a Class 4 felony
24		for any subsequent offense.
25		(g) This Act does not apply to an employee, officer,
26		director, or member of a credit or loan committee of a

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1		financial institution or any other person engaged by a
2		financial institution when performing an evaluation of real
3		property for the sole use of the financial institution in a
4		transaction for which the financial institution would not be
5		required to use the services of a State licensed or State
6		certified appraiser pursuant to federal regulations adopted
7		under Title XI of the federal Financial Institutions Reform,
8		Recovery, and Enforcement Act of 1989, nor does this Act apply
9		to the procurement of an automated valuation model.
10		(h) This Act does not apply to the procurement of an
11		automated valuation model.
12		"Automated valuation model" means an automated system that
13		is used to derive a property value through the use of publicly
14		available property records and various analytic methodologies
15		such as comparable sales prices, home characteristics, and
16		historical home price appreciations.
17		(Source: P.A. 98-444, eff. 8-16-13; 98-933, eff. 1-1-15;
18		98-1109, eff. 1-1-15; 99-78, eff. 7-20-15.)
19		(225 ILCS 458/5-10)
20		(Section scheduled to be repealed on January 1, 2022)
21		Sec. 5-10. Application for State certified general real
22		estate appraiser.
23		(a) Every person who desires to obtain a State certified
24		general real estate appraiser license shall:
25		(1) apply to the Department on forms provided by the

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1		Department, or through a multi-state licensing system as
2		designated by the Secretary, accompanied by the required
3		fee;
4		(2) be at least 18 years of age;
5		(3) (blank);
6		(4) personally take and pass an examination authorized
7		by the Department and endorsed by the AQB;
8		(5) prior to taking the examination, provide evidence
9		to the Department, or through a multi-state licensing
10		system as designated by the Secretary, of successful
11		completion of in Modular Course format, with each module
12		conforming to the Required Core Curriculum established and
13		adopted by the AQB, that he or she has successfully
14		completed the prerequisite classroom hours of instruction
15		in appraising as established by the AQB and by rule;
16		evidence shall be in a Modular Course format with each
17		module conforming to the Required Core Curriculum
18		established and adopted by the AQB; and
19		(6) prior to taking the examination, provide evidence
20		to the Department, or through a multi-state licensing
21		system as designated by the Secretary, of successful
22		completion of that he or she has successfully completed
23		the prerequisite experience and educational requirements
24		in appraising as established by AQB and by rule.
25		(b) Applicants must provide evidence to the Department, or
26		through a multi-state licensing system as designated by the

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1		Secretary, of holding a Bachelor's degree or higher from an
2		accredited college or university.
3		(Source: P.A. 100-604, eff. 7-13-18.)
4		(225 ILCS 458/5-15)
5		(Section scheduled to be repealed on January 1, 2022)
6		Sec. 5-15. Application for State certified residential
7		real estate appraiser. Every person who desires to obtain a
8		State certified residential real estate appraiser license
9		shall:
10		(1) apply to the Department on forms provided by the
11		Department, or through a multi-state licensing system as
12		designated by the Secretary, accompanied by the required
13		fee;
14		(2) be at least 18 years of age;
15		(3) (blank);
16		(4) personally take and pass an examination authorized
17		by the Department and endorsed by the AQB;
18		(5) prior to taking the examination, provide evidence
19		to the Department, or through a multi-state licensing
20		system as designated by the Secretary, of successful
21		completion of in Modular Course format, with each module
22		conforming to the Required Core Curriculum established and
23		adopted by the AQB, that he or she has successfully
24		completed the prerequisite classroom hours of instruction
25		in appraising as established by the AQB and by rule;

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1		evidence shall be in a Modular Course format with each
2		module conforming to the Required Core Curriculum
3		established and adopted by the AQB; and
4		(6) prior to taking the examination, provide evidence
5		to the Department, or through a multi-state licensing
6		system as designated by the Secretary, of successful
7		completion of that he or she has successfully completed
8		the prerequisite experience and educational requirements
9		as established by AQB and by rule.
10		(Source: P.A. 100-201, eff. 8-18-17; 100-604, eff. 7-13-18.)
11		(225 ILCS 458/5-20)
12		(Section scheduled to be repealed on January 1, 2022)
13		Sec. 5-20. Application for associate real estate trainee
14		appraiser. Every person who desires to obtain an associate
15		real estate trainee appraiser license shall:
16		(1) apply to the Department on forms provided by the
17		Department, or through a multi-state licensing system as
18		designated by the Secretary, accompanied by the required
19		fee;
20		(2) be at least 18 years of age;
21		(3) provide evidence of having attained a high school
22		diploma or completed an equivalent course of study as
23		determined by an examination conducted or accepted by the
24		Illinois State Board of Education;
25		(4) (blank); and

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1		(5) provide evidence to the Department, or through a
2		multi-state licensing system as designated by the
3		Secretary, of successful completion of that he or she has
4		successfully completed the prerequisite qualifying and any
5		conditional education requirements as established by rule.
6		(Source: P.A. 100-604, eff. 7-13-18; 100-832, eff. 1-1-19;
7		101-81, eff. 7-12-19.)
8		(225 ILCS 458/5-20.5)
9		(Section scheduled to be repealed on January 1, 2022)
10		Sec. 5-20.5. Duration of application. Applicants have 3
11		years from the date of application to complete the application
12		process. If the process has not been completed within 3 years,
13		the application shall expire be denied, the fee shall be
14		forfeited, and the applicant must reapply and meet the
15		requirements in effect at the time of reapplication.
16		(Source: P.A. 96-844, eff. 12-23-09.)
17		(225 ILCS 458/5-22)
18		(Section scheduled to be repealed on January 1, 2022)
19		Sec. 5-22. Criminal history records check.
20		(a) An application Each applicant for licensure by
21		examination or restoration shall include the applicant's have
22		his or her fingerprints submitted to the Department of State
23		Police in an electronic format that complies with the form and
24		manner for requesting and furnishing criminal history record

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1		information as prescribed by the Department of State Police.
2		These fingerprints shall be checked against the Department of
3		State Police and Federal Bureau of Investigation criminal
4		history record databases now and hereafter filed. The
5		Department of State Police shall charge applicants a fee for
6		conducting the criminal history records check, which shall be
7		deposited into the State Police Services Fund and shall not
8		exceed the actual cost of the records check. The Department of
9		State Police shall furnish, pursuant to positive
10		identification, records of Illinois convictions to the
11		Department. The Department may require applicants to pay a
12		separate fingerprinting fee, either to the Department or to a
13		vendor. The Department may adopt any rules necessary to
14		implement this Section.
15		(b) The Secretary may designate a multi-state licensing
16		system to perform the functions described in subsection (a).
17		The Department may require applicants to pay a separate
18		fingerprinting fee, either to the Department or to the
19		multi-state licensing system. The Department may adopt any
20		rules necessary to implement this subsection.
21		(c) The Department shall not consider the following
22		criminal history records in connection with an application for
23		licensure:
24		(1) juvenile adjudications of delinquent minors as
25		defined in Section 5-105 of the Juvenile Court Act of 1987
26		subject to the restrictions set forth in Section 5-130 of

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1		that Act;
2		(2) law enforcement records, court records, and
3		conviction records of an individual who was 17 years old
4		at the time of the offense and before January 1, 2014,
5		unless the nature of the offense required the individual
6		to be tried as an adult;
7		(3) records of arrest not followed by a charge or
8		conviction;
9		(4) records of arrest in which the charges were
10		dismissed unless related to the practice of the
11		profession; however, applicants shall not be asked to
12		report any arrests, and an arrest not followed by a
13		conviction shall not be the basis of a denial and may be
14		used only to assess an applicant's rehabilitation;
15		(5) convictions overturned by a higher court; or
16		(6) convictions or arrests that have been sealed or
17		expunged.
18		(d) If an applicant makes a false statement of material
19		fact on the application, the false statement may in itself be
20		sufficient grounds to revoke or refuse to issue a license.
21		(e) An applicant or licensee shall report to the
22		Department, in a manner prescribed by the Department, upon
23		application and within 30 days after the occurrence, if during
24		the term of licensure, (i) any conviction of or plea of guilty
25		or nolo contendere to forgery, embezzlement, obtaining money
26		under false pretenses, larceny, extortion, conspiracy to

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1		defraud, or any similar offense or offenses or any conviction
2		of a felony involving moral turpitude, (ii) the entry of an
3		administrative sanction by a government agency in this State
4		or any other jurisdiction that has as an essential element
5		dishonesty or fraud or involves larceny, embezzlement, or
6		obtaining money, property, or credit by false pretenses, or
7		(iii) a crime that subjects the licensee to compliance with
8		the requirements of the Sex Offender Registration Act.
9		(Source: P.A. 100-604, eff. 7-13-18.)
10		(225 ILCS 458/5-25)
11		(Section scheduled to be repealed on January 1, 2022)
12		Sec. 5-25. Renewal of license.
13		(a) The expiration date and renewal period for a State
14		certified general real estate appraiser license or a State
15		certified residential real estate appraiser license issued
16		under this Act shall be set by rule. Except as otherwise
17		provided in subsections (b) and (f) of this Section, the
18		holder of a license may renew the license within 90 days
19		preceding the expiration date by:
20		(1) completing and submitting to the Department, or
21		through a multi-state licensing system as designated by
22		the Secretary, a renewal application form as provided by
23		the Department;
24		(2) paying the required fees; and
25		(3) providing evidence to the Department, or through a

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1		multi-state licensing system as designated by the
2		Secretary, of successful completion of the continuing
3		education requirements through courses approved by the
4		Department from education providers licensed by the
5		Department, as established by the AQB and by rule.
6		(b) A State certified general real estate appraiser or
7		State certified residential real estate appraiser whose
8		license under this Act has expired may renew the license for a
9		period of 2 years following the expiration date by complying
10		with the requirements of paragraphs (1), (2), and (3) of
11		subsection (a) of this Section and paying any late penalties
12		established by rule.
13		(c) (Blank).
14		(d) The expiration date and renewal period for an
15		associate real estate trainee appraiser license issued under
16		this Act shall be set by rule. Except as otherwise provided in
17		subsections (e) and (f) of this Section, the holder of an
18		associate real estate trainee appraiser license may renew the
19		license within 90 days preceding the expiration date by:
20		(1) completing and submitting to the Department, or
21		through a multi-state licensing system as designated by
22		the Secretary, a renewal application form as provided by
23		the Department;
24		(2) paying the required fees; and
25		(3) providing evidence to the Department, or through a
26		multi-state licensing system as designated by the

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1		Secretary, of successful completion of the continuing
2		education requirements through courses approved by the
3		Department from education providers approved by the
4		Department, as established by rule.
5		(e) Any associate real estate trainee appraiser trainee
6		whose license under this Act has expired may renew the license
7		for a period of 2 years following the expiration date by
8		complying with the requirements of paragraphs (1), (2), and
9		(3) of subsection (d) of this Section and paying any late
10		penalties as established by rule.
11		(f) Notwithstanding subsections (c) and (e), an appraiser
12		whose license under this Act has expired may renew or convert
13		the license without paying any lapsed renewal fees or late
14		penalties if the license expired while the appraiser was:
15		(1) on active duty with the United States Armed
16		Services;
17		(2) serving as the Coordinator of Real Estate
18		Appraisal or an employee of the Department who was
19		required to surrender the his or her license during the
20		term of employment.
21		Application for renewal must be made within 2 years
22		following the termination of the military service or related
23		education, training, or employment and shall include an
24		affidavit from the licensee of engagement. The licensee shall
25		furnish the Department with an affidavit that he or she was so
26		engaged.

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1		(g) The Department shall provide reasonable care and due
2		diligence to ensure that each licensee under this Act is
3		provided with a renewal application at least 90 days prior to
4		the expiration date, but each licensee is responsible to
5		timely renewal or conversion of the renew or convert his or her
6		license prior to its expiration date is the responsibility of
7		the licensee.
8		(h) The Department shall not renew a license if the
9		licensee has an unpaid fine from a disciplinary matter or an
10		unpaid fee from a non-disciplinary action imposed by the
11		Department until the fine or fee is paid to the Department or
12		the licensee has entered into a payment plan and is current on
13		the required payments.
14		(i) The Department shall not issue a license if the
15		applicant has an unpaid fine imposed by the Department for
16		unlicensed practice until the fine is paid to the Department
17		or the applicant has entered into a payment plan and is current
18		on the required payments.
19		(Source: P.A. 100-604, eff. 7-13-18; 100-832, eff. 1-1-19;
20		101-81, eff. 7-12-19.)
21		(225 ILCS 458/5-26 new)
22		Sec. 5-26. Inactive licenses. Any licensee who notifies
23		the Department, in writing on forms prescribed by the
24		Department, may elect to place the license on an inactive
25		status and shall, subject to the rules of the Department, be

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1		excused from payment of renewal fees until notification in
2		writing to the Department of the desire to resume active
3		status. Any licensee requesting reinstatement from inactive
4		status shall pay the current renewal fee, provide proof of
5		meeting the continuing education requirements for the period
6		of time the license is inactive (not to exceed 2 renewal
7		periods), and follow the requirements for reinstatement as
8		provided by rule. Any licensee whose license is in an inactive
9		status shall not practice in the State of Illinois. The
10		Department will update the licensee's record in the National
11		Registry to show that the license is inactive.
12		(225 ILCS 458/5-30)
13		(Section scheduled to be repealed on January 1, 2022)
14		Sec. 5-30. Endorsement. The Department may issue an
15		appraiser license, without the required examination, to an
16		applicant licensed by another state, territory, possession of
17		the United States, or the District of Columbia, if (i) the
18		licensing requirements of that licensing authority are, on the
19		date of licensure, substantially equal to the requirements set
20		forth under this Act or to a person who, at the time of the his
21		or her application, possessed individual qualifications that
22		were substantially equivalent to the requirements of this Act
23		or (ii) the applicant provides the Department with evidence of
24		good standing from the Appraisal Subcommittee National
25		Registry report and a criminal history records check in

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1		accordance with Section 5-22. An applicant under this Section
2		shall pay all of the required fees.
3		(Source: P.A. 98-1109, eff. 1-1-15.)
4		(225 ILCS 458/5-35)
5		(Section scheduled to be repealed on January 1, 2022)
6		Sec. 5-35. Qualifying education requirements. (a) The
7		prerequisite classroom hours necessary for a person to be
8		approved to sit for the examination for licensure as a State
9		certified general real estate appraiser or a State certified
10		residential real estate appraiser shall be in accordance with
11		AQB criteria and established by rule.
12		(b) The prerequisite classroom hours necessary for a
13		person to sit for the examination for licensure as an
14		associate real estate trainee appraiser shall be established
15		by rule.
16		(Source: P.A. 98-1109, eff. 1-1-15.)
17		(225 ILCS 458/10-5)
18		(Section scheduled to be repealed on January 1, 2022)
19		Sec. 10-5. Scope of practice.
20		(a) This Act does not limit a State certified general real
21		estate appraiser's appraiser in his or her scope of practice
22		in a federally related transaction. A State certified general
23		real estate appraiser may independently provide appraisal
24		services, review, or consult related consulting relating to

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1		any type of property for which there is related he or she has
2		experience or competency by the appraiser is competent. All
3		such appraisal practice must be made in accordance with the
4		provisions of USPAP, criteria established by the AQB, and
5		rules adopted pursuant to this Act.
6		(b) A State certified residential real estate appraiser is
7		limited in his or her scope of practice to the provisions of
8		USPAP, criteria established by the AQB, and the rules adopted
9		pursuant to this Act.
10		(c) A State certified residential real estate appraiser
11		must have a State certified general real estate appraiser who
12		holds a valid license under this Act co-sign all appraisal
13		reports on properties other than one to 4 units of residential
14		real property without regard to transaction value or
15		complexity.
16		(d) An associate real estate trainee appraiser is limited
17		in his or her scope of practice in all transactions in
18		accordance with the provisions of USPAP, this Act, and the
19		rules adopted pursuant to this Act. In addition, an associate
20		real estate trainee appraiser shall be required to have a
21		State certified general real estate appraiser or State
22		certified residential real estate appraiser who holds a valid
23		license under this Act to co-sign all appraisal reports. A
24		supervising appraiser may not supervise more than 3 associate
25		real estate trainee appraisers at one time. Associate real
26		estate trainee appraisers shall not be limited in the number

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1		of concurrent supervising appraisers. A chronological
2		appraisal log on an approved log form shall be maintained by
3		the associate real estate trainee appraiser and shall be made
4		available to the Department upon request.
5		(Source: P.A. 97-602, eff. 8-26-11; 98-1109, eff. 1-1-15.)
6		(225 ILCS 458/10-10)
7		(Section scheduled to be repealed on January 1, 2022)
8		Sec. 10-10. Standards of practice. All persons licensed
9		under this Act must comply with standards of professional
10		appraisal practice adopted by the Department. The Department
11		must adopt, as part of its rules, the Uniform Standards of
12		Professional Appraisal Practice (USPAP) as published from time
13		to time by the Appraisal Standards Board of the Appraisal
14		Foundation. The Department shall consider federal laws and
15		regulations regarding the licensure of real estate appraisers
16		prior to adopting its rules for the administration of this
17		Act. When an appraisal obtained through an appraisal
18		management company is used for loan purposes, the borrower or
19		loan applicant shall be provided with a written disclosure of
20		the total compensation to the appraiser or appraisal firm
21		within the body certification of the appraisal report and it
22		shall not be redacted or otherwise obscured.
23		(Source: P.A. 96-844, eff. 12-23-09; 97-602, eff. 8-26-11.)
24		(225 ILCS 458/15-5)

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1		(Section scheduled to be repealed on January 1, 2022)
2		Sec. 15-5. Unlicensed practice; civil penalty; injunctive
3		relief; unlawful influence.
4		(a) A person who violates Section 5-5 of this Act shall, in
5		addition to any other penalty provided by law, pay a civil
6		penalty to the Department in an amount not to exceed $25,000
7		for each violation as determined by the Secretary. The civil
8		penalty shall be assessed by the Secretary after a hearing in
9		accordance with the provisions of this Act regarding the
10		provision of a hearing for the discipline of a license.
11		(b) The Department has the authority to investigate any
12		activity that may violate this Act.
13		(c) A civil penalty imposed pursuant to subsection (a)
14		shall be paid within 60 days after the effective date of the
15		order imposing the civil penalty. The order shall constitute a
16		judgment and may be filed and executed in the same manner as
17		any judgment from any court of record. Any civil penalty
18		collected under this Act shall be made payable to the
19		Department of Financial and Professional Regulation and
20		deposited into the Appraisal Administration Fund. In addition
21		to or in lieu of the imposition of a civil penalty, the
22		Department may report a violation of this Act or the failure or
23		refusal to comply with an order of the Department to the
24		Attorney General or to the appropriate State's Attorney.
25		(d) Practicing as an appraiser without holding an active a
26		valid license as required under this Act is declared to be

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1		adverse to the public welfare, to constitute a public
2		nuisance, and to cause irreparable harm to the public welfare.
3		The Secretary, the Attorney General, or the State's Attorney
4		of any county in the State may maintain an action for
5		injunctive relief in any circuit court to enjoin any person
6		from engaging in such practice.
7		Upon the filing of a verified petition in a circuit court,
8		the court, if satisfied by affidavit or otherwise that a
9		person has been engaged in the practice of real estate
10		appraisal without an active a valid license, may enter a
11		temporary restraining order without notice or bond enjoining
12		the defendant from further practice. The showing of
13		non-licensure, by affidavit or otherwise, is sufficient for
14		the issuance of a temporary injunction. If it is established
15		that the defendant has been or is engaged in unlawful
16		practice, the court may enter an order or judgment perpetually
17		enjoining the defendant from further unlawful practice. In all
18		proceedings under this Section, the court, in its discretion,
19		may apportion the costs among the parties interested in the
20		action, including the cost of filing the complaint, service of
21		process, witness fees and expenses, court reporter charges,
22		and reasonable attorneys' fees. These injunction proceedings
23		shall be in addition to, and not in lieu of, all penalties and
24		other remedies provided in this Act.
25		(e) No person shall influence or attempt to influence
26		through coercion, extortion, or bribery the independent

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1		judgment of an appraiser licensed or certified under this Act
2		in the development, reporting, result, or review of a real
3		estate appraisal. A person who violates this subsection (e) is
4		guilty of a Class A misdemeanor for the first offense and a
5		Class 4 felony for any subsequent offense.
6		(Source: P.A. 96-844, eff. 12-23-09.)
7		(225 ILCS 458/15-10)
8		(Section scheduled to be repealed on January 1, 2022)
9		Sec. 15-10. Grounds for disciplinary action.
10		(a) The Department may suspend, revoke, refuse to issue,
11		renew, or restore a license and may reprimand place on
12		probation or administrative supervision, or take any
13		disciplinary or non-disciplinary action, including imposing
14		conditions limiting the scope, nature, or extent of the real
15		estate appraisal practice of a licensee or reducing the
16		appraisal rank of a licensee, and may impose an administrative
17		fine not to exceed $25,000 for each violation upon a licensee
18		for any one or combination of the following:
19		(1) Procuring or attempting to procure a license by
20		knowingly making a false statement, submitting false
21		information, engaging in any form of fraud or
22		misrepresentation, or refusing to provide complete
23		information in response to a question in an application
24		for licensure.
25		(2) Failing to meet the minimum qualifications for

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1		licensure as an appraiser established by this Act.
2		(3) Paying money, other than for the fees provided for
3		by this Act, or anything of value to a member or employee
4		of the Board or the Department to procure licensure under
5		this Act.
6		(4) Conviction of, or by plea of guilty or nolo
7		contendere, as enumerated in subsection (e) of Section
8		5-22 finding of guilt, jury verdict, or entry of judgment
9		or by sentencing of any crime, including, but not limited
10		to, convictions, preceding sentences of supervision,
11		conditional discharge, or first offender probation, under
12		the laws of any jurisdiction of the United States: (i)
13		that is a felony, ; or (ii) that is a misdemeanor, or
14		administrative sanction or (ii) that is a crime that
15		subjects the licensee to compliance with the requirements
16		of the Sex Offender Registration Act an essential element
17		of which is dishonesty, or that is directly related to the
18		practice of the profession.
19		(5) Committing an act or omission involving
20		dishonesty, fraud, or misrepresentation with the intent to
21		substantially benefit the licensee or another person or
22		with intent to substantially injure another person as
23		defined by rule.
24		(6) Violating a provision or standard for the
25		development or communication of real estate appraisals as
26		provided in Section 10-10 of this Act or as defined by

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1		rule.
2		(7) Failing or refusing without good cause to exercise
3		reasonable diligence in developing, reporting, or
4		communicating an appraisal, as defined by this Act or by
5		rule.
6		(8) Violating a provision of this Act or the rules
7		adopted pursuant to this Act.
8		(9) Having been disciplined by another state, the
9		District of Columbia, a territory, a foreign nation, a
10		governmental agency, or any other entity authorized to
11		impose discipline if at least one of the grounds for that
12		discipline is the same as or the equivalent of one of the
13		grounds for which a licensee may be disciplined under this
14		Act.
15		(10) Engaging in dishonorable, unethical, or
16		unprofessional conduct of a character likely to deceive,
17		defraud, or harm the public.
18		(11) Accepting an appraisal assignment when the
19		employment itself is contingent upon the appraiser
20		reporting a predetermined estimate, analysis, or opinion
21		or when the fee to be paid is contingent upon the opinion,
22		conclusion, or valuation reached or upon the consequences
23		resulting from the appraisal assignment.
24		(12) Developing valuation conclusions based on the
25		race, color, religion, sex, national origin, ancestry,
26		age, marital status, family status, physical or mental

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1		disability, sexual orientation, pregnancy, order of
2		protection status, military status, or unfavorable
3		military discharge, as defined under the Illinois Human
4		Rights Act, of the prospective or present owners or
5		occupants of the area or property under appraisal.
6		(13) Violating the confidential nature of government
7		records to which the licensee gained access through
8		employment or engagement as an appraiser by a government
9		agency.
10		(14) Being adjudicated liable in a civil proceeding on
11		grounds of fraud, misrepresentation, or deceit. In a
12		disciplinary proceeding based upon a finding of civil
13		liability, the appraiser shall be afforded an opportunity
14		to present mitigating and extenuating circumstances, but
15		may not collaterally attack the civil adjudication.
16		(15) Being adjudicated liable in a civil proceeding
17		for violation of a state or federal fair housing law.
18		(16) Engaging in misleading or untruthful advertising
19		or using a trade name or insignia of membership in a real
20		estate appraisal or real estate organization of which the
21		licensee is not a member.
22		(17) Failing to fully cooperate with a Department
23		investigation by knowingly making a false statement,
24		submitting false or misleading information, or refusing to
25		provide complete information in response to written
26		interrogatories or a written request for documentation

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1		within 30 days of the request.
2		(18) Failing to include within the certificate of
3		appraisal for all written appraisal reports the
4		appraiser's license number and licensure title. All
5		appraisers providing significant contribution to the
6		development and reporting of an appraisal must be
7		disclosed in the appraisal report. It is a violation of
8		this Act for an appraiser to sign a report, transmittal
9		letter, or appraisal certification knowing that a person
10		providing a significant contribution to the report has not
11		been disclosed in the appraisal report.
12		(19) Violating the terms of a disciplinary order or
13		consent to administrative supervision order.
14		(20) Habitual or excessive use or addiction to
15		alcohol, narcotics, stimulants, or any other chemical
16		agent or drug that results in a licensee's inability to
17		practice with reasonable judgment, skill, or safety.
18		(21) A physical or mental illness or disability which
19		results in the inability to practice under this Act with
20		reasonable judgment, skill, or safety.
21		(22) Gross negligence in developing an appraisal or in
22		communicating an appraisal or failing to observe one or
23		more of the Uniform Standards of Professional Appraisal
24		Practice.
25		(23) A pattern of practice or other behavior that
26		demonstrates incapacity or incompetence to practice under

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1		this Act.
2		(24) Using or attempting to use the seal, certificate,
3		or license of another as one's his or her own; falsely
4		impersonating any duly licensed appraiser; using or
5		attempting to use an inactive, expired, suspended, or
6		revoked license; or aiding or abetting any of the
7		foregoing.
8		(25) Solicitation of professional services by using
9		false, misleading, or deceptive advertising.
10		(26) Making a material misstatement in furnishing
11		information to the Department.
12		(27) Failure to furnish information to the Department
13		upon written request.
14		(b) The Department may reprimand suspend, revoke, or
15		refuse to issue or renew an education provider's license, may
16		reprimand, place on probation, or otherwise discipline an
17		education provider and may suspend or revoke the course
18		approval of any course offered by an education provider and
19		may impose an administrative fine not to exceed $25,000 upon
20		an education provider, for any of the following:
21		(1) Procuring or attempting to procure licensure by
22		knowingly making a false statement, submitting false
23		information, engaging in any form of fraud or
24		misrepresentation, or refusing to provide complete
25		information in response to a question in an application
26		for licensure.

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1		(2) Failing to comply with the covenants certified to
2		on the application for licensure as an education provider.
3		(3) Committing an act or omission involving
4		dishonesty, fraud, or misrepresentation or allowing any
5		such act or omission by any employee or contractor under
6		the control of the provider.
7		(4) Engaging in misleading or untruthful advertising.
8		(5) Failing to retain competent instructors in
9		accordance with rules adopted under this Act.
10		(6) Failing to meet the topic or time requirements for
11		course approval as the provider of a qualifying curriculum
12		course or a continuing education course.
13		(7) Failing to administer an approved course using the
14		course materials, syllabus, and examinations submitted as
15		the basis of the course approval.
16		(8) Failing to provide an appropriate classroom
17		environment for presentation of courses, with
18		consideration for student comfort, acoustics, lighting,
19		seating, workspace, and visual aid material.
20		(9) Failing to maintain student records in compliance
21		with the rules adopted under this Act.
22		(10) Failing to provide a certificate, transcript, or
23		other student record to the Department or to a student as
24		may be required by rule.
25		(11) Failing to fully cooperate with an investigation
26		by the Department by knowingly making a false statement,

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1		submitting false or misleading information, or refusing to
2		provide complete information in response to written
3		interrogatories or a written request for documentation
4		within 30 days of the request.
5		(c) In appropriate cases, the Department may resolve a
6		complaint against a licensee through the issuance of a Consent
7		to Administrative Supervision order. A licensee subject to a
8		Consent to Administrative Supervision order shall be
9		considered by the Department as an active licensee in good
10		standing. This order shall not be reported or considered by
11		the Department to be a discipline of the licensee. The records
12		regarding an investigation and a Consent to Administrative
13		Supervision order shall be considered confidential and shall
14		not be released by the Department except as mandated by law. A
15		complainant shall be notified if the his or her complaint has
16		been resolved by a Consent to Administrative Supervision
17		order.
18		(Source: P.A. 97-602, eff. 8-26-11; 97-877, eff. 8-2-12;
19		98-1109, eff. 1-1-15.)
20		(225 ILCS 458/15-10.1 new)
21		Sec. 15-10.1. Citations.
22		(a) The Department may adopt rules to permit the issuance
23		of citations to any licensee for failure to comply with the
24		continuing education requirements set forth in this Act or as
25		established by rule. The citation shall be issued to the

HB0806 Enrolled - 360 - LRB102 02614 SPS 12617 b
1		licensee. For associate real estate trainee appraisers, a copy
2		shall also be sent to the licensee's supervising appraiser of
3		record. The citation shall contain the licensee's name, the
4		licensee's address, the licensee's license number, the number
5		of required hours of continuing education that have not been
6		successfully completed by the licensee within the renewal
7		period, and the penalty imposed, which shall not exceed
8		$2,000. The issuance of a citation shall not excuse the
9		licensee from completing all continuing education required for
10		that renewal period.
11		(b) Service of a citation shall be made in person,
12		electronically, or by mail to the licensee at the licensee's
13		address of record or email address of record. Service of a
14		citation must clearly state that if the cited licensee wishes
15		to dispute the citation, the cited licensee may make a written
16		request, within 30 days after the citation is served, for a
17		hearing before the Department. If the cited licensee does not
18		request a hearing within 30 days after the citation is served,
19		then the citation shall become a final, non-disciplinary
20		order, and any fine imposed is due and payable within 60 days
21		after that final order. If the cited licensee requests a
22		hearing within 30 days after the citation is served, the
23		Department shall afford the cited licensee a hearing conducted
24		in the same manner as a hearing provided for in this Act for
25		any violation of this Act and shall determine whether the
26		cited licensee committed the violation as charged and whether

HB0806 Enrolled - 361 - LRB102 02614 SPS 12617 b
1		the fine as levied is warranted. If the violation is found, any
2		fine shall constitute non-public discipline and be due and
3		payable within 30 days after the order of the Secretary, which
4		shall constitute a final order of the Department. No change in
5		license status may be made by the Department until a final
6		order of the Department has been issued.
7		(c) Payment of a fine that has been assessed pursuant to
8		this Section shall not constitute disciplinary action
9		reportable on the Department's website or elsewhere unless a
10		licensee has previously received 2 or more citations and been
11		assessed 2 or more fines.
12		(d) Nothing in this Section shall prohibit or limit the
13		Department from taking further action pursuant to this Act and
14		rules for additional, repeated, or continuing violations.
15		(225 ILCS 458/15-11 new)
16		Sec. 15-11. Illegal discrimination. When there has been
17		an adjudication in a civil or criminal proceeding that a
18		licensee has illegally discriminated while engaged in any
19		activity for which a license is required under this Act, the
20		Department, upon the recommendation of the Board as to the
21		extent of the suspension or revocation, shall suspend or
22		revoke the license of that licensee in a timely manner, unless
23		the adjudication is in the appeal process. When there has been
24		an order in an administrative proceeding finding that a
25		licensee has illegally discriminated while engaged in any

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1		activity for which a license is required under this Act, the
2		Department, upon recommendation of the Board as to the nature
3		and extent of the discipline, shall take one or more of the
4		disciplinary actions provided for in Section 15-10 in a timely
5		manner, unless the administrative order is in the appeal
6		process.
7		(225 ILCS 458/15-15)
8		(Section scheduled to be repealed on January 1, 2022)
9		Sec. 15-15. Investigation; notice; hearing.
10		(a) Upon the motion of the Department or the Board or upon
11		a complaint in writing of a person setting forth facts that, if
12		proven, would constitute grounds for suspension, revocation,
13		or other disciplinary action against a licensee or applicant
14		for licensure, the Department shall investigate the actions of
15		the licensee or applicant. If, upon investigation, the
16		Department believes that there may be cause for suspension,
17		revocation, or other disciplinary action, the Department shall
18		use the services of a State certified general real estate
19		appraiser, a State certified residential real estate
20		appraiser, or the Real Estate Coordinator to assist in
21		determining whether grounds for disciplinary action exist
22		prior to commencing formal disciplinary proceedings.
23		(b) Formal disciplinary proceedings shall commence upon
24		the issuance of a written complaint describing the charges
25		that are the basis of the disciplinary action and delivery of

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1		the detailed complaint to the address of record of the
2		licensee or applicant. For an associate real estate trainee
3		appraiser, a copy shall also be sent to the licensee's
4		supervising appraiser of record. The Department shall notify
5		the licensee or applicant to file a verified written answer
6		within 20 days after the service of the notice and complaint.
7		The notification shall inform the licensee or applicant of the
8		his or her right to be heard in person or by legal counsel;
9		that the hearing will be afforded not sooner than 20 30 days
10		after service of the complaint; that failure to file an answer
11		will result in a default being entered against the licensee or
12		applicant; that the license may be suspended, revoked, or
13		placed on probationary status; and that other disciplinary
14		action may be taken pursuant to this Act, including limiting
15		the scope, nature, or extent of the licensee's practice. If
16		the licensee or applicant fails to file an answer after
17		service of notice, the respective his or her license may, at
18		the discretion of the Department, be suspended, revoked, or
19		placed on probationary status and the Department may take
20		whatever disciplinary action it deems proper, including
21		limiting the scope, nature, or extent of the person's
22		practice, without a hearing.
23		(c) At the time and place fixed in the notice, the Board
24		shall conduct hearing of the charges, providing both the
25		accused person and the complainant ample opportunity to
26		present in person or by counsel such statements, testimony,

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1		evidence, and argument as may be pertinent to the charges or to
2		a defense thereto.
3		(d) The Board shall present to the Secretary a written
4		report of its findings of fact and recommendations. A copy of
5		the report shall be served upon the licensee or applicant,
6		either personally, or by certified mail, or, at the discretion
7		of the Department, by electronic means. For associate real
8		estate trainee appraisers, a copy shall also be sent to the
9		licensee's supervising appraiser of record. Within 20 days
10		after the service, the licensee or applicant may present the
11		Secretary with a motion in writing for either a rehearing, a
12		proposed finding of fact, a conclusion of law, or an
13		alternative sanction, and shall specify the particular grounds
14		for the request. If the accused orders a transcript of the
15		record as provided in this Act, the time elapsing thereafter
16		and before the transcript is ready for delivery to the accused
17		shall not be counted as part of the 20 days. If the Secretary
18		is not satisfied that substantial justice has been done, the
19		Secretary may order a rehearing by the Board or other special
20		committee appointed by the Secretary, may remand the matter to
21		the Board for its reconsideration of the matter based on the
22		pleadings and evidence presented to the Board, or may enter a
23		final order in contravention of the Board's recommendation.
24		Notwithstanding a licensee's or applicant's failure to file a
25		motion for rehearing, the Secretary shall have the right to
26		take any of the actions specified in this subsection (d). Upon

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1		the suspension or revocation of a license, the licensee shall
2		be required to surrender the respective his or her license to
3		the Department, and upon failure or refusal to do so, the
4		Department shall have the right to seize the license.
5		(e) The Department has the power to issue subpoenas and
6		subpoenas duces tecum to bring before it any person in this
7		State, to take testimony, or to require production of any
8		records relevant to an inquiry or hearing by the Board in the
9		same manner as prescribed by law in judicial proceedings in
10		the courts of this State. In a case of refusal of a witness to
11		attend, testify, or to produce books or papers concerning a
12		matter upon which the witness he or she might be lawfully
13		examined, the circuit court of the county where the hearing is
14		held, upon application of the Department or any party to the
15		proceeding, may compel obedience by proceedings as for
16		contempt.
17		(f) Any license that is suspended indefinitely or revoked
18		may not be restored for a minimum period of 3 2 years, or as
19		otherwise ordered by the Secretary.
20		(g) In addition to the provisions of this Section
21		concerning the conduct of hearings and the recommendations for
22		discipline, the Department has the authority to negotiate
23		disciplinary and non-disciplinary settlement agreements
24		concerning any license issued under this Act. All such
25		agreements shall be recorded as Consent Orders or Consent to
26		Administrative Supervision Orders.

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1		(h) The Secretary shall have the authority to appoint an
2		attorney duly licensed to practice law in the State of
3		Illinois to serve as the hearing officer in any action to
4		suspend, revoke, or otherwise discipline any license issued by
5		the Department. The Hearing Officer shall have full authority
6		to conduct the hearing.
7		(i) The Department, at its expense, shall preserve a
8		record of all formal hearings of any contested case involving
9		the discipline of a license. At all hearings or pre-hearing
10		conferences, the Department and the licensee shall be entitled
11		to have the proceedings transcribed by a certified shorthand
12		reporter. A copy of the transcribed proceedings shall be made
13		available to the licensee by the certified shorthand reporter
14		upon payment of the prevailing contract copy rate.
15		(Source: P.A. 100-831, eff. 1-1-19.)
16		(225 ILCS 458/15-55)
17		(Section scheduled to be repealed on January 1, 2022)
18		Sec. 15-55. Checks, credit card charges, or orders to
19		Department dishonored because of insufficient funds. Any
20		person who:
21		(1) delivers a check or other payment to the
22		Department that is returned to the Department unpaid by
23		the financial institution upon which it was drawn; or
24		(2) presents a credit card or debit card for payment
25		that is invalid or expired or against which charges by the

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1		Department are declined or dishonored;
2		shall pay to the Department, in addition to the amount already
3		owed to the Department, a fine of $50. The fines imposed by
4		this Section are in addition to any other discipline provided
5		under this Act for unlicensed practice or practice on a
6		non-renewed license. The Department shall notify the applicant
7		or licensee that payment of fees and fines shall be paid to the
8		Department by certified check or money order within 30
9		calendar days after the notification. If, after the expiration
10		of 30 days from the date of the notification, the person has
11		failed to submit the necessary remittance, the Department
12		shall automatically terminate the license or deny the
13		application, without hearing. After If, after termination or
14		denial, the person seeking seeks a license, he or she must
15		apply to the Department for restoration or issuance of the
16		license and pay all fees and fines due to the Department. The
17		Department may establish a fee for the processing of an
18		application for restoration of a license to pay all of the
19		expenses of processing the application. The Secretary may
20		waive the fines due under this Section in individual cases
21		where the Secretary finds that the penalties or fines would be
22		unreasonable or unnecessarily burdensome.
23		(Source: P.A. 96-844, eff. 12-23-09.)
24		(225 ILCS 458/20-5)
25		(Section scheduled to be repealed on January 1, 2022)

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1		Sec. 20-5. Education providers.
2		(a) No person shall operate an education provider entity
3		without possessing an active license issued by the Department.
4		Only Beginning July 1, 2002, only education providers licensed
5		or otherwise approved by the Department may provide the
6		qualifying and continuing education courses required for
7		licensure under this Act. Every person that desires to obtain
8		an education provider license shall make application to the
9		Department in a manner prescribed by the Department and pay
10		the fee prescribed by rule.
11		(b) A person or entity seeking to be licensed as an
12		education provider under this Act shall provide satisfactory
13		evidence of the following:
14		(1) a sound financial base for establishing,
15		promoting, and delivering the necessary courses;
16		(2) (blank); a sufficient number of qualified
17		instructors;
18		(3) (blank); adequate support personnel to assist with
19		administrative matters and technical assistance;
20		(4) (blank); a written policy dealing with procedures
21		for management of grievances and fee refunds;
22		(5) a qualified administrator, who is responsible for
23		the administration of the education provider, courses, and
24		the actions of the instructors; and
25		(6) any other requirements as provided by rule; and .
26		(7) proof of good standing with the Secretary of State

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1		and authority to conduct businesses in this State.
2		(c) All applicants for an education provider's license
3		shall make initial application to the Department on forms
4		provided by the Department, or through a multi-state licensing
5		system as designated by the Secretary, and pay the appropriate
6		fee as provided by rule. The term, expiration date, and
7		renewal of an education provider's license shall be
8		established by rule.
9		(d) An education provider shall provide each successful
10		course participant with a certificate of completion signed by
11		the school administrator. The format and content of the
12		certificate shall be specified by rule.
13		(e) All education providers shall provide to the
14		Department a monthly roster of all successful course
15		participants as provided by rule.
16		(Source: P.A. 100-604, eff. 7-13-18.)
17		(225 ILCS 458/20-10)
18		(Section scheduled to be repealed on January 1, 2022)
19		Sec. 20-10. Course approval.
20		(a) Only courses offered by licensed education providers
21		and approved by the Department, courses approved by the AQB,
22		or courses approved by jurisdictions monitored regulated by
23		the Appraisal Subcommittee shall be used to meet the
24		requirements of this Act and rules.
25		(b) An education provider licensed under this Act may

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1		submit courses to the Department, or through a multi-state
2		licensing system as designated by the Secretary, for approval.
3		The criteria, requirements, and fees for courses shall be
4		established by rule in accordance with this Act and the
5		criteria established by the AQB.
6		(c) For each course approved, the Department shall issue a
7		license to the education provider. The term, expiration date,
8		and renewal of a course approval shall be established by rule.
9		(d) An education provider must use an instructor for each
10		course approved by the Department who (i) holds a valid real
11		estate appraisal license in good standing as a State certified
12		general real estate appraiser or a State certified residential
13		real estate appraiser in Illinois or any other jurisdiction
14		monitored by the Appraisal Subcommittee, (ii) holds a valid
15		teaching certificate issued by the State of Illinois, (iii) is
16		a faculty member in good standing with an accredited college
17		or university or community college, or (iv) satisfies
18		requirements established by rule is an approved appraisal
19		instructor from an appraisal organization that is a member of
20		the Appraisal Foundation.
21		(Source: P.A. 100-604, eff. 7-13-18.)
22		(225 ILCS 458/25-10)
23		(Section scheduled to be repealed on January 1, 2022)
24		Sec. 25-10. Real Estate Appraisal Administration and
25		Disciplinary Board; appointment.

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1		(a) There is hereby created the Real Estate Appraisal
2		Administration and Disciplinary Board. The Board shall be
3		composed of the Coordinator and 10 persons appointed by the
4		Governor, plus the Coordinator of the Real Estate Appraisal
5		Division. Members shall be appointed to the Board subject to
6		the following conditions:
7		(1) All appointed members shall have been residents
8		and citizens of this State for at least 5 years prior to
9		the date of appointment.
10		(2) The appointed membership of the Board should
11		reasonably reflect the geographic distribution of the
12		population of the State.
13		(3) Four appointed members shall have been actively
14		engaged and currently licensed as State certified general
15		real estate appraisers for a period of not less than 5
16		years.
17		(4) Three Two appointed members shall have been
18		actively engaged and currently licensed as State certified
19		residential real estate appraisers for a period of not
20		less than 5 years.
21		(5) One Two appointed member members shall hold a
22		valid license as a real estate broker for at least 3 10
23		years prior to the date of the appointment and , one of whom
24		shall hold either a valid State certified general real
25		estate appraiser license or a valid State certified
26		residential appraiser license issued under this Act or a

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1		predecessor Act for a period of at least 5 years prior to
2		the appointment and one of whom shall hold a valid State
3		certified residential real estate appraiser license issued
4		under this Act or a predecessor Act for a period of at
5		least 5 years prior to the appointment.
6		(6) One appointed member shall be a representative of
7		a financial institution, as evidenced by proof of his or
8		her employment with a financial institution.
9		(7) One appointed member shall represent the interests
10		of the general public. This member or the member's his or
11		her spouse shall not be licensed under this Act nor be
12		employed by or have any financial interest in an appraisal
13		business, appraisal management company, real estate
14		brokerage business, or a financial institution.
15		In making appointments as provided in paragraphs (3) and
16		(4) of this subsection, the Governor shall give due
17		consideration to recommendations by members and organizations
18		representing the profession.
19		In making the appointments as provided in paragraph (5) of
20		this subsection, the Governor shall give due consideration to
21		the recommendations by members and organizations representing
22		the real estate industry.
23		In making the appointment as provided in paragraph (6) of
24		this subsection, the Governor shall give due consideration to
25		the recommendations by members and organizations representing
26		financial institutions.

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1		(b) The members' terms shall be for 4 years or until a
2		successor is appointed and expire upon completion of the term.
3		No member shall be reappointed to the Board for a term that
4		would cause the member's his or her cumulative service to the
5		Board to exceed 10 years. Appointments to fill vacancies shall
6		be for the unexpired portion of the term.
7		(c) The Governor may terminate the appointment of a member
8		for cause that, in the opinion of the Governor, reasonably
9		justifies the termination. Cause for termination may include,
10		without limitation, misconduct, incapacity, neglect of duty,
11		or missing 4 Board meetings during any one fiscal calendar
12		year.
13		(d) A majority of the Board members shall constitute a
14		quorum. A vacancy in the membership of the Board shall not
15		impair the right of a quorum to exercise all of the rights and
16		perform all of the duties of the Board.
17		(e) The Board shall meet at least monthly quarterly and
18		may be convened by the Chairperson, Vice-Chairperson, or 3
19		members of the Board upon 10 days written notice.
20		(f) The Board shall, annually at the first meeting of the
21		fiscal year, elect a Chairperson and Vice-Chairperson from its
22		members. The Chairperson shall preside over the meetings and
23		shall coordinate with the Coordinator in developing and
24		distributing an agenda for each meeting. In the absence of the
25		Chairperson, the Vice-Chairperson shall preside over the
26		meeting.

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1		(g) The Coordinator of the Real Estate Appraisal Division
2		shall serve as a member of the Board without vote.
3		(h) The Board shall advise and make recommendations to the
4		Department on the education and experience qualifications of
5		any applicant for initial licensure as a State certified
6		general real estate appraiser or a State certified residential
7		real estate appraiser. The Department shall not make any
8		decisions concerning education or experience qualifications of
9		an applicant for initial licensure as a State certified
10		general real estate appraiser or a State certified residential
11		real estate appraiser without having first received the advice
12		and recommendation of the Board and shall give due
13		consideration to all such advice and recommendations; however,
14		if the Board does not render advice or make a recommendation
15		within a reasonable amount of time, then the Department may
16		render a decision.
17		(i) Except as provided in Section 15-17 of this Act, the
18		Board shall hear and make recommendations to the Secretary on
19		disciplinary matters that require a formal evidentiary
20		hearing. The Secretary shall give due consideration to the
21		recommendations of the Board involving discipline and
22		questions involving standards of professional conduct of
23		licensees.
24		(j) The Department shall seek and the Board shall provide
25		recommendations to the Department consistent with the
26		provisions of this Act and for the administration and

HB0806 Enrolled - 375 - LRB102 02614 SPS 12617 b
1		enforcement of all rules adopted pursuant to this Act. The
2		Department shall give due consideration to such
3		recommendations prior to adopting rules.
4		(k) The Department shall seek and the Board shall provide
5		recommendations to the Department on the approval of all
6		courses submitted to the Department pursuant to this Act and
7		the rules adopted pursuant to this Act. The Department shall
8		not approve any courses without having first received the
9		recommendation of the Board and shall give due consideration
10		to such recommendations prior to approving and licensing
11		courses; however, if the Board does not make a recommendation
12		within a reasonable amount of time, then the Department may
13		approve courses.
14		(l) Each voting member of the Board shall receive a per
15		diem stipend in an amount to be determined by the Secretary.
16		While engaged in the performance of duties, each Each member
17		shall be paid the his or her necessary expenses while engaged
18		in the performance of his or her duties.
19		(m) Members of the Board shall be immune from suit in an
20		action based upon any disciplinary proceedings or other acts
21		performed in good faith as members of the Board.
22		(n) If the Department disagrees with any advice or
23		recommendation provided by the Board under this Section to the
24		Secretary or the Department, then notice of such disagreement
25		must be provided to the Board by the Department.
26		(o) (Blank). Upon resolution adopted at any Board meeting,

HB0806 Enrolled - 376 - LRB102 02614 SPS 12617 b
1		the exercise of any Board function, power, or duty enumerated
2		in this Section or in subsection (d) of Section 15-10 of this
3		Act may be suspended. The exercise of any suspended function,
4		power, or duty of the Board may be reinstated by a resolution
5		adopted at a subsequent Board meeting. Any resolution adopted
6		pursuant to this Section shall take effect immediately.
7		(Source: P.A. 100-886, eff. 8-14-18.)
8		(225 ILCS 458/25-15)
9		(Section scheduled to be repealed on January 1, 2022)
10		Sec. 25-15. Coordinator of Real Estate Appraisal
11		Coordinator; appointment; duties. The Secretary shall appoint,
12		subject to the Personnel Code, a Coordinator of Real Estate
13		Appraisal. In appointing the Coordinator, the Secretary shall
14		give due consideration to recommendations made by members,
15		organizations, and associations of the real estate appraisal
16		industry. The On or after January 1, 2010, the Coordinator
17		must hold a current, valid State certified general real estate
18		appraiser license for a period of at least 5 years prior to
19		appointment. The Coordinator shall not practice during the
20		term of the his or her appointment. The Coordinator must take
21		the 30-hour National Instructors Course on Uniform Standards
22		of Professional Appraisal Practice. The Coordinator shall be
23		credited with all fees that came due during the Coordinator's
24		his or her employment. The Coordinator shall:
25		(1) serve as a member of the Real Estate Appraisal

HB0806 Enrolled - 377 - LRB102 02614 SPS 12617 b
1		Administration and Disciplinary Board without vote;
2		(2) be the direct liaison between the Department, the
3		profession, and the real estate appraisal industry
4		organizations and associations;
5		(3) prepare and circulate to licensees such
6		educational and informational material as the Department
7		deems necessary for providing guidance or assistance to
8		licensees;
9		(4) appoint necessary committees to assist in the
10		performance of the functions and duties of the Department
11		under this Act;
12		(5) (blank); and
13		(6) be authorized to investigate and determine the
14		facts of a complaint; the coordinator may interview
15		witnesses, the complainant, and any licensees involved in
16		the alleged matter and make a recommendation as to the
17		findings of fact.
18		(Source: P.A. 97-602, eff. 8-26-11; 98-1109, eff. 1-1-15.)
19		(225 ILCS 458/25-16)
20		(Section scheduled to be repealed on January 1, 2022)
21		Sec. 25-16. Staff. The Department shall employ a minimum
22		of one investigator with an active certified appraiser license
23		per 2,000 licensees in order to have sufficient staff to
24		perform the Department's obligations under this Act.
25		(Source: P.A. 100-832, eff. 1-1-19.)

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1		(225 ILCS 458/25-20)
2		(Section scheduled to be repealed on January 1, 2022)
3		Sec. 25-20. Department; powers and duties. The Department
4		of Financial and Professional Regulation shall exercise the
5		powers and duties prescribed by the Civil Administrative Code
6		of Illinois for the administration of licensing Acts and shall
7		exercise such other powers and duties as are prescribed by
8		this Act for the administration of this Act. The Department
9		may contract with third parties for services necessary for the
10		proper administration of this Act, including without
11		limitation, investigators with the proper knowledge, training,
12		and skills to properly investigate complaints against real
13		estate appraisers.
14		The Department shall maintain and update a registry of the
15		names and addresses of all licensees and a listing of
16		disciplinary orders issued pursuant to this Act and shall
17		transmit the registry, along with any national registry fees
18		that may be required, to the entity specified by, and in a
19		manner consistent with, Title XI of the federal Financial
20		Institutions Reform, Recovery and Enforcement Act of 1989.
21		(Source: P.A. 96-844, eff. 12-23-09.)
22		(225 ILCS 458/25-25)
23		(Section scheduled to be repealed on January 1, 2022)
24		Sec. 25-25. Rules. The Department, after notifying and

HB0806 Enrolled - 379 - LRB102 02614 SPS 12617 b
1		considering any recommendations of the Board, if any, shall
2		adopt rules that may be necessary for administration,
3		implementation, and enforcement of the Act.
4		(Source: P.A. 96-844, eff. 12-23-09.)
5		(225 ILCS 458/25-35 new)
6		Sec. 25-35. No private right of action. Except as
7		otherwise expressly provided for in this Act, nothing in this
8		Act shall be construed to grant to any person a private right
9		of action to enforce the provisions of this Act or the rules
10		adopted under this Act.
11		(225 ILCS 458/30-5)
12		(Section scheduled to be repealed on January 1, 2022)
13		Sec. 30-5. Savings provisions.
14		(a) This Act is intended to replace the Real Estate
15		Appraiser Licensing Act in all respects.
16		(b) Beginning July 1, 2002, the rights, powers, and duties
17		exercised by the Office of Banks and Real Estate under the Real
18		Estate Appraiser Licensing Act shall continue to be vested in,
19		to be the obligation of, and to be exercised by the Division of
20		Real Estate of the Department of Financial and Professional
21		Regulation Office of Banks and Real Estate under the
22		provisions of this Act.
23		(c) This Act does not affect any act done, ratified, or
24		cancelled, any right occurring or established, or any action

HB0806 Enrolled - 380 - LRB102 02614 SPS 12617 b
1		or proceeding commenced in an administrative, civil, or
2		criminal cause before July 1, 2002 by the Office of Banks and
3		Real Estate under the Real Estate Appraiser Licensing Act.
4		Those actions or proceedings may be prosecuted and continued
5		by the Division of Real Estate of the Department of Financial
6		and Professional Regulation Office of Banks and Real Estate
7		under this Act.
8		(d) This Act does not affect any license, certificate,
9		permit, or other form of licensure issued by the Office of
10		Banks and Real Estate under the Real Estate Appraiser
11		Licensing Act, except as provided is subsection (c) of Section
12		5-25. All such licenses, certificates, permits, or other form
13		of licensure shall continue to be valid under the terms and
14		conditions of this Act.
15		(e) The rules adopted by the Office of Banks and Real
16		Estate relating to the Real Estate Appraiser Licensing Act,
17		unless inconsistent with the provisions of this Act, are not
18		affected by this Act, and on July 1, 2002, those rules become
19		rules under this Act. The Office of Banks and Real Estate
20		shall, as soon as practicable, adopt new or amended rules
21		consistent with the provisions of this Act.
22		(f) This Act does not affect any discipline, suspension,
23		or termination that has occurred under the Real Estate
24		Appraiser Licensing Act or other predecessor Act. Any action
25		for discipline, suspension, or termination instituted under
26		the Real Estate Appraiser Licensing Act shall be continued

HB0806 Enrolled - 381 - LRB102 02614 SPS 12617 b
1		under this Act.
2		(Source: P.A. 92-180, eff. 7-1-02.)
3		(225 ILCS 458/10-17 rep.)
4		(225 ILCS 458/30-10 rep.)
5		Section 85. The Real Estate Appraiser Licensing Act of
6		2002 is amended by repealing Sections 10-17 and 30-10.
7		Section 90. The Appraisal Management Company Registration
8		Act is amended by changing Sections 10 and 15 as follows:
9		(225 ILCS 459/10)
10		Sec. 10. Definitions. In this Act:
11		"Address of record" means the principal address recorded
12		by the Department in the applicant's or registrant's
13		application file or registration file maintained by the
14		Department's registration maintenance unit.
15		"Applicant" means a person or entity who applies to the
16		Department for a registration under this Act.
17		"Appraisal" means (noun) the act or process of developing
18		an opinion of value; an opinion of value (adjective) of or
19		pertaining to appraising and related functions.
20		"Appraisal firm" means an appraisal entity that is 100%
21		owned and controlled by a person or persons licensed in
22		Illinois as a certified general real estate appraiser or a
23		certified residential real estate appraiser. An appraisal firm

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1		does not include an appraisal management company.
2		"Appraisal management company" means any corporation,
3		limited liability company, partnership, sole proprietorship,
4		subsidiary, unit, or other business entity that directly or
5		indirectly: (1) provides appraisal management services to
6		creditors or secondary mortgage market participants, including
7		affiliates; (2) provides appraisal management services in
8		connection with valuing the consumer's principal dwelling as
9		security for a consumer credit transaction (including consumer
10		credit transactions incorporated into securitizations); and
11		(3) within a given year, oversees an appraiser panel of any
12		size of State-certified appraisers in Illinois; and (4) any
13		appraisal management company that, within a given 12-month
14		period year, oversees an appraiser panel of 16 or more
15		State-certified appraisers in Illinois or 25 or more
16		State-certified or State-licensed appraisers in 2 or more
17		jurisdictions shall be subject to the appraisal management
18		company national registry fee in addition to the appraiser
19		panel fee. "Appraisal management company" includes a hybrid
20		entity.
21		"Appraisal management company national registry fee" means
22		the fee implemented pursuant to Title XI of the federal
23		Financial Institutions Reform, Recovery and Enforcement Act of
24		1989 for an appraiser management company's national registry.
25		"Appraisal management services" means one or more of the
26		following:

HB0806 Enrolled - 383 - LRB102 02614 SPS 12617 b
1		(1) recruiting, selecting, and retaining appraisers;
2		(2) contracting with State-certified or State-licensed
3		appraisers to perform appraisal assignments;
4		(3) managing the process of having an appraisal
5		performed, including providing administrative services
6		such as receiving appraisal orders and appraisal reports;
7		submitting completed appraisal reports to creditors and
8		secondary market participants; collecting compensation
9		from creditors, underwriters, or secondary market
10		participants for services provided; or paying appraisers
11		for services performed; or
12		(4) reviewing and verifying the work of appraisers.
13		"Appraiser panel" means a network, list, or roster of
14		licensed or certified appraisers approved by the appraisal
15		management company or by the end-user client to perform
16		appraisals as independent contractors for the appraisal
17		management company. "Appraiser panel" includes both appraisers
18		accepted by an appraisal management company for consideration
19		for future appraisal assignments and appraisers engaged by an
20		appraisal management company to perform one or more
21		appraisals. For the purposes of determining the size of an
22		appraiser panel, only independent contractors of hybrid
23		entities shall be counted towards the appraiser panel.
24		"Appraiser panel fee" means the amount collected from a
25		registrant that, where applicable, includes an appraisal
26		management company's national registry fee.

HB0806 Enrolled - 384 - LRB102 02614 SPS 12617 b
1		"Appraisal report" means a written appraisal by an
2		appraiser to a client.
3		"Appraisal practice service" means valuation services
4		performed by an individual acting as an appraiser, including,
5		but not limited to, appraisal or appraisal review.
6		"Appraisal subcommittee" means the appraisal subcommittee
7		of the Federal Financial Institutions Examination Council as
8		established by Title XI.
9		"Appraiser" means a person who performs real estate or
10		real property appraisals.
11		"Assignment result" means an appraiser's opinions and
12		conclusions developed specific to an assignment.
13		"Audit" includes, but is not limited to, an annual or
14		special audit, visit, or review necessary under this Act or
15		required by the Secretary or the Secretary's authorized
16		representative in carrying out the duties and responsibilities
17		under this Act.
18		"Client" means the party or parties who engage an
19		appraiser by employment or contract in a specific appraisal
20		assignment.
21		"Controlling Person" means:
22		(1) an owner, officer, or director of an entity
23		seeking to offer appraisal management services;
24		(2) an individual employed, appointed, or authorized
25		by an appraisal management company who has the authority
26		to:

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1		(A) enter into a contractual relationship with a
2		client for the performance of an appraisal management
3		service or appraisal practice service; and
4		(B) enter into an agreement with an appraiser for
5		the performance of a real estate appraisal activity;
6		(3) an individual who possesses, directly or
7		indirectly, the power to direct or cause the direction of
8		the management or policies of an appraisal management
9		company; or
10		(4) an individual who will act as the sole compliance
11		officer with regard to this Act and any rules adopted
12		under this Act.
13		"Coordinator" means the Coordinator of the Appraisal
14		Management Company Registration Unit of the Department or his
15		or her designee.
16		"Covered transaction" means a consumer credit transaction
17		secured by a consumer's principal dwelling.
18		"Department" means the Department of Financial and
19		Professional Regulation.
20		"Email address of record" means the designated email
21		address recorded by the Department in the applicant's
22		application file or the registrant's registration file
23		maintained by the Department's registration maintenance unit.
24		"Entity" means a corporation, a limited liability company,
25		partnership, a sole proprietorship, or other entity providing
26		services or holding itself out to provide services as an

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1		appraisal management company or an appraisal management
2		service.
3		"End-user client" means any person who utilizes or engages
4		the services of an appraiser through an appraisal management
5		company.
6		"Federally regulated appraisal management company" means
7		an appraisal management company that is owned and controlled
8		by an insured depository institution, as defined in 12 U.S.C.
9		1813, or an insured credit union, as defined in 12 U.S.C. 1752,
10		and regulated by the Office of the Comptroller of the
11		Currency, the Federal Reserve Board, the National Credit Union
12		Association, or the Federal Deposit Insurance Corporation.
13		"Financial institution" means any bank, savings bank,
14		savings and loan association, credit union, mortgage broker,
15		mortgage banker, registrant under the Consumer Installment
16		Loan Act or the Sales Finance Agency Act, or a corporate
17		fiduciary, subsidiary, affiliate, parent company, or holding
18		company of any registrant, or any institution involved in real
19		estate financing that is regulated by State or federal law.
20		"Foreign appraisal management company" means any appraisal
21		management company organized under the laws of any other state
22		of the United States, the District of Columbia, or any other
23		jurisdiction of the United States.
24		"Hybrid entity" means an appraisal management company that
25		hires an appraiser as an employee to perform an appraisal and
26		engages an independent contractor to perform an appraisal.

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1		"Multi-state licensing system" means a web-based platform
2		that allows an applicant to submit the his or her application
3		or registration renewal to the Department online.
4		"Person" means individuals, entities, sole
5		proprietorships, corporations, limited liability companies,
6		and alien, foreign, or domestic partnerships, except that when
7		the context otherwise requires, the term may refer to a single
8		individual or other described entity.
9		"Principal dwelling" means a residential structure that
10		contains one to 4 units, whether or not that structure is
11		attached to real property. "Principal dwelling" includes an
12		individual condominium unit, cooperative unit, manufactured
13		home, mobile home, and trailer, if it is used as a residence.
14		"Principal office" means the actual, physical business
15		address, which shall not be a post office box or a virtual
16		business address, of a registrant, at which (i) the Department
17		may contact the registrant and (ii) records required under
18		this Act are maintained.
19		"Qualified to transact business in this State" means being
20		in compliance with the requirements of the Business
21		Corporation Act of 1983.
22		"Quality control review" means a review of an appraisal
23		report for compliance and completeness, including grammatical,
24		typographical, or other similar errors, unrelated to
25		developing an opinion of value.
26		"Real estate" means an identified parcel or tract of land,

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1		including any improvements.
2		"Real estate related financial transaction" means any
3		transaction involving:
4		(1) the sale, lease, purchase, investment in, or
5		exchange of real property, including interests in property
6		or the financing thereof;
7		(2) the refinancing of real property or interests in
8		real property; and
9		(3) the use of real property or interest in property
10		as security for a loan or investment, including mortgage
11		backed securities.
12		"Real property" means the interests, benefits, and rights
13		inherent in the ownership of real estate.
14		"Secretary" means the Secretary of Financial and
15		Professional Regulation.
16		"USPAP" means the Uniform Standards of Professional
17		Appraisal Practice as adopted by the Appraisal Standards Board
18		under Title XI.
19		"Valuation" means any estimate of the value of real
20		property in connection with a creditor's decision to provide
21		credit, including those values developed under a policy of a
22		government sponsored enterprise or by an automated valuation
23		model or other methodology or mechanism.
24		"Written notice" means a communication transmitted by mail
25		or by electronic means that can be verified between an
26		appraisal management company and a licensed or certified real

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1		estate appraiser.
2		(Source: P.A. 100-604, eff. 7-13-18.)
3		(225 ILCS 459/15)
4		Sec. 15. Exemptions.
5		(a) Nothing in this Act shall apply to any of the
6		following:
7		(1) an agency of the federal, State, county, or
8		municipal government or an officer or employee of a
9		government agency, or person, described in this Section
10		when acting within the scope of employment of the officer
11		or employee;
12		(2) a corporate relocation company when the appraisal
13		is not used for mortgage purposes and the end user client
14		is an employer company;
15		(3) any person licensed in this State under any other
16		Act while engaged in the activities or practice for which
17		he or she is licensed;
18		(4) any person licensed to practice law in this State
19		who is working with or on behalf of a client of that person
20		in connection with one or more appraisals for that client;
21		(5) an appraiser that enters into an agreement,
22		whether written or otherwise, with another appraiser for
23		the performance of an appraisal, and upon the completion
24		of the appraisal, the report of the appraiser performing
25		the appraisal is signed by both the appraiser who

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1		completed the appraisal and the appraiser who requested
2		the completion of the appraisal, except that an appraisal
3		management company may not avoid the requirement of
4		registration under this Act by requiring an employee of
5		the appraisal management company who is an appraiser to
6		sign an appraisal that was completed by another appraiser
7		who is part of the appraisal panel of the appraisal
8		management company;
9		(6) any person acting as an agent of the Illinois
10		Department of Transportation in the acquisition or
11		relinquishment of land for transportation issues to the
12		extent of their contract scope;
13		(7) a design professional entity when the appraisal is
14		not used for mortgage purposes and the end user client is
15		an agency of State government or a unit of local
16		government;
17		(8) an appraiser firm whose ownership is appropriately
18		certified under the Real Estate Appraiser Licensing Act of
19		2002; or
20		(9) an appraisal management company solely engaged in
21		non-residential appraisal management services; or .
22		(10) a department or division of an entity that
23		provides appraisal management services only to that
24		entity.
25		(b) A federally regulated appraisal management company
26		shall register with the Department for the sole purpose of

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1		collecting required information for, and to pay all fees
2		associated with, the State of Illinois' obligation to register
3		the federally regulated appraisal management company with the
4		Appraisal Management Companies National Registry, but the
5		federally regulated appraisal management company is otherwise
6		exempt from all other provisions in this Act.
7		(c) In the event that the Final Interim Rule of the federal
8		Dodd-Frank Wall Street Reform and Consumer Protection Act
9		provides that an appraisal management company is a subsidiary
10		owned and controlled by a financial institution regulated by a
11		federal financial institution's regulatory agency and is
12		exempt from State appraisal management company registration
13		requirements, the Department, shall, by rule, provide for the
14		implementation of such an exemption.
15		(Source: P.A. 100-604, eff. 7-13-18.)
16		Section 95. The Petroleum Equipment Contractors Licensing
17		Act is amended by changing Sections 35, 45, 60, and 65 and by
18		adding Section 73 as follows:
19		(225 ILCS 729/35)
20		(Section scheduled to be repealed on January 1, 2022)
21		Sec. 35. Licensure qualifications and fees.
22		(a) Applicants for a license must submit to the Office all
23		of the following:
24		(1) fees as established by the Office;

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1		(2) evidence of current registration as an Illinois
2		corporation or other business entity and, when applicable,
3		evidence of compliance with the Assumed Business Name Act;
4		if the corporation or business entity does not have
5		evidence of current registration, such as a Secretary of
6		State issued Certificate of Good Standing, the Office has
7		the authority to deny or revoke the license of such a
8		corporation or business entity;
9		(3) evidence of financial responsibility in a minimum
10		amount of $1,000,000 through liability insurance,
11		self-insurance, group insurance, group self-insurance, or
12		risk retention groups that must include completed
13		operations and environmental impairment; and
14		(4) evidence of compliance with the qualifications and
15		standards established by the Office.
16		(b) The contractor must possess a license from the Office
17		to perform the following types of activity:
18		(1) installation of underground storage tanks;
19		(2) repair of USTs, which shall include retrofitting
20		and installation of cathodic protection systems;
21		(3) decommissioning of USTs including abandonment in
22		place;
23		(4) relining of USTs;
24		(5) tank and piping tightness testing;
25		(6) testing of cathodic protection systems; and
26		(7) any other category established by the Office of

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1		the State Fire Marshal.
2		(c) (Blank).
3		(Source: P.A. 97-428, eff. 8-16-11.)
4		(225 ILCS 729/45)
5		(Section scheduled to be repealed on January 1, 2022)
6		Sec. 45. Issuance of license; renewal.
7		(a) The State Fire Marshal shall, upon the applicant's
8		satisfactory completion of the requirements authorized under
9		this Act, and upon receipt of the requisite fees, issue the
10		appropriate license showing the name and business location of
11		the licensee and the dates of issuance and expiration.
12		(b) Each licensee may apply for renewal of his or her
13		license upon payment of the requisite fee. The expiration date
14		and renewal period for each license issued under this Act
15		shall be set by rule. Failure to renew by the expiration date
16		shall cause the license to lapse. A lapsed license may not be
17		reinstated until an a written application is filed, the
18		renewal fee is paid, and a $50 reinstatement fee is paid. The
19		renewal and reinstatement fees shall be waived for persons who
20		did not renew while on active duty in the military and who file
21		for renewal or restoration within one year after discharge
22		from the active duty service.
23		(c) All fees paid pursuant to this Act are non-refundable.
24		This shall not preclude the State Fire Marshal from refunding
25		accidental overpayment of fees.

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1		(Source: P.A. 97-428, eff. 8-16-11.)
2		(225 ILCS 729/60)
3		(Section scheduled to be repealed on January 1, 2022)
4		Sec. 60. License renewal; display of license; inspection.
5		(a) As a condition of renewal of a license, the State Fire
6		Marshal may require the licensee to report information
7		pertaining to his or her practice that the State Fire Marshal
8		determines to be in the interest of public safety.
9		(b) A licensee shall report a change in home or office
10		address within 10 days.
11		(c) Each licensee shall prominently display his or her
12		license to practice at each place from which the practice is
13		being performed. If more than one location is used, branch
14		office certificates shall be issued upon payment of the fees
15		to be established by the State Fire Marshal.
16		(d) If a license or certificate is lost, a duplicate shall
17		be issued upon payment of the required fee to be established by
18		the State Fire Marshal. If a licensee wishes to change his or
19		her name, the State Fire Marshal shall issue a license in the
20		new name upon payment of the required fee and upon receipt of
21		satisfactory proof that the change was done in accordance with
22		law.
23		(e) Each licensee shall permit his or her facilities to be
24		inspected by representatives of the Office of the State Fire
25		Marshal.

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1		(Source: P.A. 97-428, eff. 8-16-11.)
2		(225 ILCS 729/65)
3		(Section scheduled to be repealed on January 1, 2022)
4		Sec. 65. Disciplinary actions. Licensees shall be subject
5		to disciplinary action for any of the following:
6		(1) obtaining or renewing a license by the use of
7		fraud or material deception;
8		(2) being professionally incompetent as manifested by
9		poor standards of service;
10		(3) engaging in dishonorable, unethical, or
11		unprofessional conduct of a character likely to deceive,
12		defraud, or harm the public in the course of professional
13		services or activities;
14		(4) being convicted of a crime that has a substantial
15		relationship to his or her practice or an essential
16		element of which is misstatement, fraud, or dishonesty,
17		being convicted in this or another state of any crime that
18		is a felony under the laws of Illinois or of that state, or
19		being convicted of a felony in a federal court, unless the
20		licensee demonstrates that he or she has been sufficiently
21		rehabilitated to warrant the public trust;
22		(5) performing any service in a grossly negligent
23		manner or permitting any licensed employee to perform
24		services in a grossly negligent manner, regardless of
25		whether actual damage or damage to the public is

HB0806 Enrolled - 396 - LRB102 02614 SPS 12617 b
1		established;
2		(6) (blank); being a habitual drunk or having a
3		habitual addiction to the use of morphine, cocaine,
4		controlled substances, or other habit-forming drugs;
5		(7) willfully receiving compensation, directly or
6		indirectly, for any professional service not actually
7		rendered;
8		(8) having disciplinary action taken against his or
9		her license in another State;
10		(9) contracting or assisting unlicensed persons to
11		perform services for which a license is required under
12		this Act;
13		(10) permitting the use of his or her license to
14		enable an unlicensed person or agency to operate as a
15		licensee;
16		(11) performing and charging for services without
17		having authorization to do so from the member of the
18		public being served; or
19		(12) failing to comply with any provision of this Act
20		or the rules adopted under this Act.
21		(Source: P.A. 92-618, eff. 7-11-02.)
22		(225 ILCS 729/73 new)
23		Sec. 73. Citations.
24		(a) The Office of the State Fire Marshal may adopt rules to
25		permit the issuance of citations for certain violations of

HB0806 Enrolled - 397 - LRB102 02614 SPS 12617 b
1		this Act or the rules adopted under this Act. The citation
2		shall be issued to the licensee and shall contain the
3		licensee's name and address, the licensee's license number, a
4		brief factual statement, the Sections of the law or rules
5		allegedly violated, and the penalty imposed. The citation must
6		clearly state that the licensee may choose, in lieu of
7		accepting the citation, to request a hearing to appeal the
8		citation. If the licensee does not file a written appeal of the
9		citation with the Office of the State Fire Marshal within 15
10		days after the citation is served, then the citation shall
11		become a final order imposing a monetary penalty. The penalty
12		shall be a monetary civil fine. In the event of a timely
13		written appeal, the Office of the State Fire Marshal shall
14		conduct an administrative hearing governed by the Illinois
15		Administrative Procedure Act and enter an order to sustain,
16		modify, or revoke such citation. Any appeal from such hearing
17		order shall be to the circuit court of the county in which the
18		violation took place and shall be governed by the
19		Administrative Review Law.
20		(b) The Office of the State Fire Marshal shall adopt rules
21		designating violations for which a citation may be issued,
22		which may specify separate hearing procedures for appeals of
23		such citations so long as the hearing procedures are not
24		inconsistent with the Illinois Administrative Procedure Act.
25		(c) Service of a citation may be made by personal service
26		or certified mail to the licensee at the licensee's last known

HB0806 Enrolled - 398 - LRB102 02614 SPS 12617 b
1		address as listed with the Office of the State Fire Marshal.
2		Section 100. The Mercury Thermostat Collection Act is
3		amended by changing Section 55 as follows:
4		(415 ILCS 98/55)
5		(Section scheduled to be repealed on January 1, 2022)
6		Sec. 55. Repealer. This Act is repealed on January 1, 2023
7		2022.
8		(Source: P.A. 101-639, eff. 6-12-20.)
9		Section 105. The Professional Service Corporation Act is
10		amended by changing Section 3.6 as follows:
11		(805 ILCS 10/3.6) (from Ch. 32, par. 415-3.6)
12		Sec. 3.6. "Related professions" and "related professional
13		services" mean more than one personal service which requires
14		as a condition precedent to the rendering thereof the
15		obtaining of a license and which prior to October 1, 1973 could
16		not be performed by a corporation by reason of law; provided,
17		however, that these terms shall be restricted to:
18		(1) a combination of 2 or more of the following
19		personal services: (a) "architecture" as defined in
20		Section 5 of the Illinois Architecture Practice Act of
21		1989, (b) "professional engineering" as defined in Section
22		4 of the Professional Engineering Practice Act of 1989,

HB0806 Enrolled - 399 - LRB102 02614 SPS 12617 b
1		(c) "structural engineering" as defined in Section 5 of
2		the Structural Engineering Practice Act of 1989, (d) "land
3		surveying" as defined in Section 2 of the Illinois
4		Professional Land Surveyor Act of 1989;
5		(2) a combination of the following personal services:
6		(a) the practice of medicine by persons licensed under the
7		Medical Practice Act of 1987, (b) the practice of podiatry
8		as defined in the Podiatric Medical Practice Act of 1987,
9		(c) the practice of dentistry as defined in the Illinois
10		Dental Practice Act, (d) the practice of optometry as
11		defined in the Illinois Optometric Practice Act of 1987;
12		(3) a combination of 2 or more of the following
13		personal services: (a) the practice of clinical psychology
14		by persons licensed under the Clinical Psychologist
15		Licensing Act, (b) the practice of social work or clinical
16		social work by persons licensed under the Clinical Social
17		Work and Social Work Practice Act, (c) the practice of
18		marriage and family therapy by persons licensed under the
19		Marriage and Family Therapy Licensing Act, (d) the
20		practice of professional counseling or clinical
21		professional counseling by persons licensed under the
22		Professional Counselor and Clinical Professional Counselor
23		Licensing and Practice Act, or (e) the practice of sex
24		offender evaluations by persons licensed under the Sex
25		Offender Evaluation and Treatment Provider Act; or
26		(4) a combination of 2 or more of the following

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1		personal services: (a) the practice of acupuncture by
2		persons licensed under the Acupuncture Practice Act, (b)
3		the practice of massage by persons licensed under the
4		Massage Therapy Practice Licensing Act, (c) the practice
5		of naprapathy by persons licensed under the Naprapathic
6		Practice Act, (d) the practice of occupational therapy by
7		persons licensed under the Illinois Occupational Therapy
8		Practice Act, (e) the practice of physical therapy by
9		persons licensed under the Illinois Physical Therapy Act,
10		or (f) the practice of speech-language therapy by persons
11		licensed under the Illinois Speech-Language Pathology and
12		Audiology Practice Act.
13		(Source: P.A. 101-95, eff. 7-19-19.)