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SB0128 Enrolled |
- 2 - |
LRB095 05003 RAS 25071 b |
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| (b) The following Acts are repealed on December 31, 2008: |
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| The Medical Practice Act of 1987. |
3 |
| The Environmental Health Practitioner Licensing Act.
|
4 |
| (Source: P.A. 94-754, eff. 5-10-06; 94-1075, eff. 12-29-06; |
5 |
| 94-1085, eff. 1-19-07; revised 1-22-07.)
|
6 |
| (5 ILCS 80/4.28 new) |
7 |
| Sec. 4.28. Act repealed on January 1, 2018. The following |
8 |
| Act is repealed on January 1, 2018: |
9 |
| The Clinical Social Work and Social Work Practice Act. |
10 |
| Section 10. The Clinical Social Work and Social Work |
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| Practice Act is amended by changing Sections 3, 5, 6, 9, 10.5, |
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| 11, 12.5, 14, 19, 20, 21, 23, 24, 25, 26, 27, 28, 29, and 32 and |
13 |
| by adding Section 7.3 as follows:
|
14 |
| (225 ILCS 20/3) (from Ch. 111, par. 6353)
|
15 |
| (Section scheduled to be repealed on January 1, 2008)
|
16 |
| Sec. 3. Definitions: The following words and phrases shall |
17 |
| have the
meanings ascribed to them in this Section unless the |
18 |
| context clearly
indicates otherwise:
|
19 |
| 1. "Department" means the Department of Financial and
|
20 |
| Professional Regulation.
|
21 |
| 2. " Secretary
Director " means the Secretary
Director of |
22 |
| Financial and
the Department of Professional
Regulation.
|
23 |
| 3. "Board" means the Social Work Examining and Disciplinary |
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SB0128 Enrolled |
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LRB095 05003 RAS 25071 b |
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| Board.
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2 |
| 4. "Licensed Clinical Social Worker" means a person who |
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| holds a license
authorizing the independent practice of |
4 |
| clinical social work in Illinois
under the auspices of an |
5 |
| employer or in private practice or under the auspices of public |
6 |
| human service agencies or private, nonprofit agencies |
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| providing publicly sponsored human services .
|
8 |
| 5. "Clinical social work practice" means the providing of |
9 |
| mental health
services for the evaluation, treatment, and |
10 |
| prevention of mental and
emotional disorders in individuals, |
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| families and groups based on knowledge
and theory of |
12 |
| professionally accepted theoretical structures, including, but |
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| not limited to, psychosocial development, behavior, |
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| psychopathology,
unconscious motivation, interpersonal |
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| relationships, and environmental stress.
|
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| 6. "Treatment procedures" means among other things, |
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| individual,
marital, family and group psychotherapy.
|
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| 7. "Independent practice of clinical social work" means the |
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| application
of clinical social work knowledge and skills by a |
20 |
| licensed clinical social
worker who regulates and is |
21 |
| responsible for her or his own practice or
treatment |
22 |
| procedures.
|
23 |
| 8. "License" means that which is required to practice |
24 |
| clinical social
work or social work under this Act, the |
25 |
| qualifications for which include specific
education, |
26 |
| acceptable experience and examination requirements.
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SB0128 Enrolled |
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LRB095 05003 RAS 25071 b |
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|
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| 9. "Licensed social worker" means a person who holds a |
2 |
| license authorizing
the practice of social work, which includes |
3 |
| social services to individuals,
groups or communities in any |
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| one
or more of the fields of social casework, social group |
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| work, community
organization for social welfare, social work |
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| research, social welfare
administration or social work |
7 |
| education. Social casework and social group
work may also |
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| include clinical social work, as long as it is not conducted
in |
9 |
| an independent practice, as defined in this Section. |
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| 10. "Address of record" means the address recorded by the |
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| Department in the applicant's or licensee's application file or |
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| license file, as maintained by the Department's licensure |
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| maintenance unit.
|
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| (Source: P.A. 85-1440.)
|
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| (225 ILCS 20/5) (from Ch. 111, par. 6355)
|
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| (Section scheduled to be repealed on January 1, 2008)
|
17 |
| Sec. 5. Powers and duties of the Department.
|
18 |
| 1. The Department shall exercise the powers and duties as |
19 |
| set
forth in this Act.
|
20 |
| 2. The Secretary
Director shall promulgate rules |
21 |
| consistent with the provisions of
this Act for the |
22 |
| administration and enforcement thereof, and shall
prescribe |
23 |
| forms which shall be issued in connection therewith.
|
24 |
| 3. In addition, the Department shall:
|
25 |
| (a) Establish rules for determining approved undergraduate
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SB0128 Enrolled |
- 5 - |
LRB095 05003 RAS 25071 b |
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| and graduate social work degree
programs and prepare and |
2 |
| maintain a list of colleges and universities
offering such |
3 |
| approved programs whose graduates, if they otherwise meet the
|
4 |
| requirements of this Act, are eligible to apply for a license.
|
5 |
| (b) Promulgate rules, as may be necessary, for the |
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| administration of
this Act and to carry out the purposes |
7 |
| thereof and to adopt the methods of
examination of candidates |
8 |
| and to provide for the issuance of licenses
authorizing the |
9 |
| independent practice of clinical social work or the
practice of |
10 |
| social work.
|
11 |
| (c) Authorize examinations to ascertain the qualifications |
12 |
| and fitness
of candidates for a license to engage in the |
13 |
| independent practice of
clinical social work and in the |
14 |
| practice of social work, and to
determine the qualifications of |
15 |
| applicants from
other jurisdictions to practice in Illinois.
|
16 |
| (d) Maintain rosters of the names and addresses of all |
17 |
| licensees, and
all persons whose licenses have been suspended, |
18 |
| revoked or denied renewal
for cause within the previous |
19 |
| calendar year. These rosters shall be
available upon written |
20 |
| request and payment of the required fee.
|
21 |
| (Source: P.A. 85-1131.)
|
22 |
| (225 ILCS 20/6) (from Ch. 111, par. 6356)
|
23 |
| (Section scheduled to be repealed on January 1, 2008)
|
24 |
| Sec. 6. Social Work Examining and Disciplinary Board.
|
25 |
| (1) The Secretary
Director shall appoint a Social Work |
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SB0128 Enrolled |
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LRB095 05003 RAS 25071 b |
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|
1 |
| Examining and
Disciplinary Board consisting of 9 persons who |
2 |
| shall serve in an
advisory capacity to the Secretary
Director . |
3 |
| The Board shall be composed of 6
5
licensed clinical social |
4 |
| workers, one of whom shall be employed in a public human |
5 |
| service agency, one of whom shall be a certified school
social |
6 |
| worker, one of whom shall be employed in the private |
7 |
| not-for-profit
sector and one of whom shall serve as the |
8 |
| chairperson, two licensed social
workers, and one member
2 |
9 |
| members of the public who is
are not regulated under this Act
|
10 |
| or a similar Act and who clearly represents
represent consumer |
11 |
| interests.
|
12 |
| (2) Members shall serve for a term of 4 years and until |
13 |
| their
successors are appointed and qualified. No member shall |
14 |
| be
reappointed if such reappointment would cause that person's |
15 |
| service on the
Board to be longer than 8 successive years. |
16 |
| Appointments to fill vacancies
for the unexpired portion of a |
17 |
| vacated term shall be made in the same
manner as original |
18 |
| appointments.
|
19 |
| (3) The membership of the Board should represent racial and |
20 |
| cultural diversity and reasonably reflect
representation from |
21 |
| different geographic areas of Illinois.
|
22 |
| (4) The Secretary
Director may terminate the appointment of |
23 |
| any member for
cause.
|
24 |
| (5) The Secretary
Director shall consider the |
25 |
| recommendation of the Board
on all matters and questions |
26 |
| relating to this Act.
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SB0128 Enrolled |
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LRB095 05003 RAS 25071 b |
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| (6) The Board is charged with the duties and |
2 |
| responsibilities of
recommending to the Secretary
Director the |
3 |
| adoption of all policies, procedures and
rules which may be |
4 |
| required or deemed advisable in order to perform the
duties and |
5 |
| functions conferred on the Board, the Secretary
Director and |
6 |
| the
Department to carry out the provisions of this Act.
|
7 |
| (7) The Board may
shall make recommendations on all matters |
8 |
| relating to
continuing education including the number of hours |
9 |
| necessary for license
renewal, waivers for those unable to meet |
10 |
| such requirements and acceptable
course content. Such |
11 |
| recommendations shall not impose an undue burden on
the |
12 |
| Department or an unreasonable restriction on those seeking |
13 |
| license renewal.
|
14 |
| (8) The Board shall annually elect one of its members as |
15 |
| chairperson and
one as vice chairperson.
|
16 |
| (9) Members of the Board shall be reimbursed for all |
17 |
| authorized legitimate
and necessary expenses incurred in |
18 |
| attending the meetings of the Board.
|
19 |
| (10) A majority of the Board members currently appointed |
20 |
| shall constitute a
quorum. A vacancy in the membership of the |
21 |
| Board shall not impair the right of
a quorum to perform all of |
22 |
| the duties of the Board.
|
23 |
| (11) Members of the Board shall have no liability in an |
24 |
| action based upon
a disciplinary proceeding or other activity |
25 |
| performed in good faith as a
member of the Board.
|
26 |
| (Source: P.A. 90-150, eff. 12-30-97.)
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SB0128 Enrolled |
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LRB095 05003 RAS 25071 b |
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|
1 |
| (225 ILCS 20/7.3 new)
|
2 |
| Sec. 7.3. Change of address. An applicant or licensee must |
3 |
| inform the Department of any change of address, and such |
4 |
| changes must be made either through the Department's website or |
5 |
| by contacting the Department's licensure maintenance unit.
|
6 |
| (225 ILCS 20/9) (from Ch. 111, par. 6359)
|
7 |
| (Section scheduled to be repealed on January 1, 2008)
|
8 |
| Sec. 9. Qualification for clinical social worker license
|
9 |
| License . A person shall be qualified to be
licensed as a |
10 |
| clinical social worker and the Department shall issue a
license |
11 |
| authorizing the independent practice of clinical social work to
|
12 |
| an applicant who:
|
13 |
| (1) has applied in writing on the prescribed form;
|
14 |
| (2) is of good moral character. In determining good moral
|
15 |
| character, the Department may take into consideration whether |
16 |
| the applicant was
engaged in conduct or actions that would |
17 |
| constitute grounds for discipline
under this
Act;
|
18 |
| (3) (A) demonstrates to the satisfaction of the Department
|
19 |
| that
subsequent to securing a master's degree in social |
20 |
| work from an approved
program the applicant has |
21 |
| successfully completed at least 3,000 hours of
|
22 |
| satisfactory, supervised clinical professional experience; |
23 |
| or
|
24 |
| (B) demonstrates to the satisfaction of the Department |
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SB0128 Enrolled |
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LRB095 05003 RAS 25071 b |
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|
1 |
| that
such
applicant has received a doctor's degree in |
2 |
| social work from an approved
program and has completed at |
3 |
| least 2,000 hours of satisfactory, supervised
clinical |
4 |
| professional experience subsequent to the degree;
|
5 |
| (4) has passed the examination for the practice of clinical
|
6 |
| social work
as authorized by the Department; and
|
7 |
| (5) has paid the required fees.
|
8 |
| (Source: P.A. 90-150, eff. 12-30-97.)
|
9 |
| (225 ILCS 20/10.5)
|
10 |
| (Section scheduled to be repealed on January 1, 2008)
|
11 |
| Sec. 10.5. Unlicensed practice; violation; civil penalty.
|
12 |
| (a) Any person who practices, offers to practice, attempts |
13 |
| to practice, or
holds himself or herself out to practice as a |
14 |
| clinical social worker or
social worker
without being
licensed |
15 |
| or exempt under this Act shall, in addition to any other |
16 |
| penalty
provided by law, pay a civil penalty to the Department |
17 |
| in an amount not to
exceed $10,000
$5,000 for each offense, as |
18 |
| determined by the Department. The civil
penalty shall be |
19 |
| assessed by the Department after a hearing is held in
|
20 |
| accordance with the provisions set forth in this Act regarding |
21 |
| the provision of
a hearing for the discipline of a licensee.
|
22 |
| (b) The Department may investigate any actual, alleged, or |
23 |
| suspected
unlicensed activity.
|
24 |
| (c) The civil penalty shall be paid within 60 days after |
25 |
| the effective date
of the order imposing the civil penalty. The |
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SB0128 Enrolled |
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LRB095 05003 RAS 25071 b |
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|
1 |
| order shall constitute a judgment
and may be filed and |
2 |
| execution had thereon in the same manner as any judgment
from |
3 |
| any court of record.
|
4 |
| (Source: P.A. 90-150, eff. 12-30-97.)
|
5 |
| (225 ILCS 20/11) (from Ch. 111, par. 6361)
|
6 |
| (Section scheduled to be repealed on January 1, 2008)
|
7 |
| Sec. 11. Licenses ; renewal; restoration; person in |
8 |
| military service; inactive status .
|
9 |
| (a) The expiration date and renewal period for each license
|
10 |
| A license shall be issued for a 2 year period; however the
|
11 |
| expiration date for licenses issued under this Act shall be set |
12 |
| by rule.
The licensee may renew a license during the 60-day
|
13 |
| 30-day period preceding its
the
expiration date by paying the |
14 |
| required fee and by demonstrating compliance
with any |
15 |
| continuing education requirements. The Department shall adopt |
16 |
| rules establishing minimum requirements of continuing |
17 |
| education and means for verification of the completion of the |
18 |
| continuing education requirements. The Department may, by |
19 |
| rule, specify circumstances under which the continuing |
20 |
| education requirements may be waived.
Proof of having met the |
21 |
| minimum
requirements of continuing education, as determined by |
22 |
| rule, shall be
required for all license renewals. Pursuant to |
23 |
| rule, the continuing
education requirements may, upon petition |
24 |
| to the Board, be waived in whole
or in part for licensed social |
25 |
| workers or licensed clinical social workers
who can demonstrate |
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SB0128 Enrolled |
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LRB095 05003 RAS 25071 b |
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|
1 |
| their service in the Coast Guard or Armed Forces during
the |
2 |
| period in question, an extreme hardship, or that the license |
3 |
| was
obtained by examination or endorsement within the preceding |
4 |
| renewal period.
The Department shall establish, by rule, a |
5 |
| means for the verification of
completion of the continuing |
6 |
| education required by this Section. This
verification may be |
7 |
| accomplished by audits of records maintained by
licensees, by |
8 |
| requiring the filing of continuing education records with
the |
9 |
| Department or an organization selected by the Department to |
10 |
| maintain these
records, or by other means established by the |
11 |
| Department.
|
12 |
| (b) Any person who has permitted a license to expire or who |
13 |
| has a
license on inactive status may have it restored by |
14 |
| submitting
making an application to
the Department and filing |
15 |
| proof of fitness , as defined by rule, to have the license |
16 |
| restored,
including, if appropriate, evidence , which is |
17 |
| satisfactory to the
Department , certifying the active practice |
18 |
| of clinical social work or
social work in another jurisdiction |
19 |
| and by paying the required fee.
|
20 |
| (b-5) If the person has not maintained an active practice |
21 |
| in another
jurisdiction which is satisfactory to the |
22 |
| Department, the Department
shall determine , by an evaluation |
23 |
| program recommended by the Board and
established by rule, the |
24 |
| person's fitness to resume active status and the
Department may |
25 |
| require the person to pass an examination . The Department ,
with |
26 |
| the recommendation of the Board, may also require the person to
|
|
|
|
SB0128 Enrolled |
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LRB095 05003 RAS 25071 b |
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|
1 |
| complete a specific period of evaluated clinical social work or |
2 |
| social
work experience and may require successful completion of |
3 |
| an examination .
|
4 |
| (b-7) Notwithstanding any other provision of this Act
|
5 |
| However , any person whose license expired while on active duty |
6 |
| with
the armed forces of the United States, while called into |
7 |
| service or
training with the State Militia or in training or |
8 |
| education under the
supervision of the United States government |
9 |
| prior to induction into the
military service may have his or |
10 |
| her license restored without paying any
renewal
fees if, within |
11 |
| 2 years after the honorable termination of that service,
|
12 |
| training or education, except under conditions other than |
13 |
| honorable, the
Department is furnished with satisfactory |
14 |
| evidence that the person has been
so engaged and that the |
15 |
| service, training or education has
been so terminated.
|
16 |
| (c) A license to practice shall not be denied any applicant |
17 |
| because of the applicant's race, religion, creed, national |
18 |
| origin, political beliefs or activities, age, sex, sexual |
19 |
| orientation, or physical impairment.
Any person who notifies |
20 |
| the Department, in writing
on forms prescribed by the |
21 |
| Department, may place his license on inactive
status and shall |
22 |
| be excused from the payment of renewal fees until the
person |
23 |
| notifies the Department in writing of his intention to resume |
24 |
| active
practice.
|
25 |
| Any person requesting that his license be changed from |
26 |
| inactive to
active status shall be required to pay the current |
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|
SB0128 Enrolled |
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LRB095 05003 RAS 25071 b |
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|
1 |
| renewal fee and shall
also demonstrate compliance with the |
2 |
| continuing education requirements.
|
3 |
| (d) (Blank).
Any licensed clinical social worker or |
4 |
| licensed social
worker whose license is on inactive status |
5 |
| shall not engage in the
independent practice of clinical social |
6 |
| work or in the practice of social
work in the State of |
7 |
| Illinois. If an individual engages in the independent
practice |
8 |
| of clinical social work or in the practice of social work while |
9 |
| on
inactive status, that individual is considered to be |
10 |
| practicing without a
license and is subject to the disciplinary |
11 |
| provisions of this Act.
|
12 |
| (e) (Blank).
|
13 |
| (f) (Blank).
|
14 |
| (g) The Department shall indicate on each license the |
15 |
| academic degree of
the licensee.
|
16 |
| (Source: P.A. 90-150, eff. 12-30-97.)
|
17 |
| (225 ILCS 20/12.5)
|
18 |
| (Section scheduled to be repealed on January 1, 2008)
|
19 |
| Sec. 12.5. Endorsement. The Department may issue a license |
20 |
| as a
clinical social worker or as a social worker, without the |
21 |
| required
examination, to an applicant licensed under the laws |
22 |
| of another jurisdiction if
the requirements for licensure in |
23 |
| that jurisdiction are, on the date of
licensure, substantially |
24 |
| equivalent to the requirements of this Act or to any
person
|
25 |
| who, at the time of his or her licensure, possessed individual |
|
|
|
SB0128 Enrolled |
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LRB095 05003 RAS 25071 b |
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|
1 |
| qualifications
that were substantially equivalent to the |
2 |
| requirements then in force in this
State. An applicant under |
3 |
| this Section shall pay the required fees.
|
4 |
| Applicants have 3 years from the date of application to |
5 |
| complete the
application process. If the process has not been |
6 |
| completed in 3 years, the
application shall be denied, the fee |
7 |
| shall be forfeited, and the applicant must
reapply and meet the |
8 |
| requirements in effect at the time of reapplication.
|
9 |
| (Source: P.A. 90-150, eff. 12-30-97.)
|
10 |
| (225 ILCS 20/14) (from Ch. 111, par. 6364)
|
11 |
| (Section scheduled to be repealed on January 1, 2008)
|
12 |
| Sec. 14. Checks or order to Department dishonored because |
13 |
| of insufficient
funds.
Any person who delivers a check or other |
14 |
| payment to the Department that
is returned to the Department |
15 |
| unpaid by the financial institution upon
which it is drawn |
16 |
| shall pay to the Department, in addition to the amount
already |
17 |
| owed to the Department, a fine of $50. The fines imposed by |
18 |
| this Section are in addition
to any other discipline provided |
19 |
| under this Act for unlicensed
practice or practice on a |
20 |
| nonrenewed license. The Department shall notify
the person that |
21 |
| payment of fees and fines shall be paid to the Department
by |
22 |
| certified check or money order within 30 calendar days of the
|
23 |
| notification. If, after the expiration of 30 days from the date |
24 |
| of the
notification, the person has failed to submit the |
25 |
| necessary remittance, the
Department shall automatically |
|
|
|
SB0128 Enrolled |
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LRB095 05003 RAS 25071 b |
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|
1 |
| terminate the license or certificate or deny
the application, |
2 |
| without hearing. If, after termination or denial, the
person |
3 |
| seeks a license or certificate, he or she shall apply to the
|
4 |
| Department for restoration or issuance of the license or |
5 |
| certificate and
pay all fees and fines due to the Department. |
6 |
| The Department may establish
a fee for the processing of an |
7 |
| application for restoration of a license or
certificate to pay |
8 |
| all expenses of processing this application. The Secretary
|
9 |
| Director
may waive the fines due under this Section in |
10 |
| individual cases where the Secretary
Director finds that the |
11 |
| fines would be unreasonable or unnecessarily
burdensome.
|
12 |
| (Source: P.A. 92-146, eff. 1-1-02.)
|
13 |
| (225 ILCS 20/19) (from Ch. 111, par. 6369)
|
14 |
| (Section scheduled to be repealed on January 1, 2008)
|
15 |
| Sec. 19. Grounds for disciplinary action.
|
16 |
| (1) The Department may refuse to issue, refuse to renew, |
17 |
| suspend, or
revoke any license, or may place on probation, |
18 |
| censure, reprimand, or take
other disciplinary or |
19 |
| non-disciplinary action deemed appropriate by the Department, |
20 |
| including the
imposition of fines not to exceed $10,000
$1,000
|
21 |
| for each violation, with regard to any
license issued under the |
22 |
| provisions of this Act for any one or a combination of
the |
23 |
| following reasons:
|
24 |
| (a) material misstatements of fact in furnishing |
25 |
| information to the
Department or to any other State agency |
|
|
|
SB0128 Enrolled |
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LRB095 05003 RAS 25071 b |
|
|
1 |
| or in furnishing information to any
insurance company with |
2 |
| respect to a claim on behalf of a licensee or a patient;
|
3 |
| (b) violations or negligent or intentional disregard |
4 |
| of this Act, or any
of the rules promulgated hereunder;
|
5 |
| (c) conviction of or entry of a plea of guilty or nolo |
6 |
| contendere to any crime that is a felony under the laws of |
7 |
| the United States or any
state or territory thereof or that |
8 |
| is a felony or misdemeanor, of
which an essential
element |
9 |
| is dishonesty, or of any crime that
which is directly |
10 |
| related
to the practice of the clinical social work or |
11 |
| social work professions;
|
12 |
| (d) making any misrepresentation for the purpose of |
13 |
| obtaining licenses,
or violating any provision of this Act |
14 |
| or any of the rules promulgated
hereunder;
|
15 |
| (e) professional incompetence;
|
16 |
| (f) malpractice;
|
17 |
| (g) aiding or assisting another person in violating any |
18 |
| provision or this
Act or any rules;
|
19 |
| (h) failing to provide information within 30
60 days in |
20 |
| response to a
written request made by the Department;
|
21 |
| (i) engaging in dishonorable, unethical or |
22 |
| unprofessional conduct of a
character likely to deceive, |
23 |
| defraud or harm the public as defined by the
rules of the |
24 |
| Department, or violating the rules of professional conduct
|
25 |
| adopted by the Board and published by the Department;
|
26 |
| (j) habitual
or excessive use or addiction to alcohol, |
|
|
|
SB0128 Enrolled |
- 17 - |
LRB095 05003 RAS 25071 b |
|
|
1 |
| narcotics, stimulants, or any other
chemical agent or drug |
2 |
| that results in a clinical social worker's or social
|
3 |
| worker's inability to practice
with reasonable judgment, |
4 |
| skill, or safety;
|
5 |
| (k) discipline by another jurisdiction, if at least one |
6 |
| of the grounds
for the discipline is the same or |
7 |
| substantially equivalent to those set
forth in this |
8 |
| Section;
|
9 |
| (1) directly or indirectly giving to or receiving from |
10 |
| any person, firm,
corporation, partnership or association |
11 |
| any fee, commission, rebate or
other form of compensation |
12 |
| for any professional service not actually rendered;
|
13 |
| (m) a finding by the Board that the licensee, after |
14 |
| having the license
placed on probationary status, has |
15 |
| violated the terms of probation;
|
16 |
| (n) abandonment, without cause, of a client;
|
17 |
| (o) wilfully filing false reports relating to a |
18 |
| licensee's practice,
including but not limited to false |
19 |
| records filed with Federal or State
agencies or |
20 |
| departments;
|
21 |
| (p) wilfully failing to report an instance of suspected |
22 |
| child abuse or
neglect as required by the Abused and |
23 |
| Neglected Child Reporting Act;
|
24 |
| (q) being named as a perpetrator in an indicated report |
25 |
| by the
Department of Children and Family Services under the |
26 |
| Abused and
Neglected Child Reporting Act, and upon proof by |
|
|
|
SB0128 Enrolled |
- 18 - |
LRB095 05003 RAS 25071 b |
|
|
1 |
| clear and convincing evidence
that the licensee has caused |
2 |
| a child to be or failed to take reasonable steps to prevent |
3 |
| a child from being an abused child or neglected child
as |
4 |
| defined in the Abused and Neglected Child Reporting Act;
|
5 |
| (r) physical illness,
or mental illness, or any other |
6 |
| impairment or disability, including , but not limited to,
|
7 |
| deterioration through the
aging process, or loss of motor
|
8 |
| abilities and skills that
which results in the inability
to |
9 |
| practice the profession with reasonable judgment, skill or |
10 |
| safety;
|
11 |
| (s) solicitation of professional services by using |
12 |
| false or
misleading advertising; or
|
13 |
| (t) violation of the Health Care Worker Self-Referral |
14 |
| Act.
|
15 |
| (2) (Blank).
|
16 |
| (3) The determination by a court that a licensee is subject |
17 |
| to
involuntary
admission or judicial admission as provided in |
18 |
| the Mental Health and
Developmental Disabilities Code, will |
19 |
| result in an automatic suspension of his
license. Such |
20 |
| suspension will end upon a finding by a court that the licensee
|
21 |
| is no longer subject to involuntary admission or judicial |
22 |
| admission and issues
an order so finding and discharging the |
23 |
| patient, and upon the recommendation of
the Board to the |
24 |
| Secretary
Director that the licensee be allowed to resume |
25 |
| professional
practice.
|
26 |
| (4) The Department may refuse to issue or renew or may |
|
|
|
SB0128 Enrolled |
- 19 - |
LRB095 05003 RAS 25071 b |
|
|
1 |
| suspend the license of a
person who (i) fails to file a return, |
2 |
| pay the tax, penalty, or interest shown in a
filed return, or |
3 |
| pay any final assessment of tax, penalty, or interest, as
|
4 |
| required by any tax Act administered by the Department of |
5 |
| Revenue,
until the requirements of the tax Act are satisfied or |
6 |
| (ii) has failed to pay any court-ordered child support as |
7 |
| determined by a court order or by
referral from the Department |
8 |
| of Healthcare and Family Services .
|
9 |
| (5) In enforcing this Section, the Board upon a showing of |
10 |
| a possible
violation may compel a person licensed to practice |
11 |
| under this Act, or
who has applied for licensure or |
12 |
| certification pursuant to this Act, to submit
to a mental or |
13 |
| physical examination, or both, as required by and at the |
14 |
| expense
of the Department. The examining physicians
shall be |
15 |
| those specifically designated by the Board.
The Board or the |
16 |
| Department may order the examining physician
to present |
17 |
| testimony concerning this mental or physical
examination
of the |
18 |
| licensee or applicant. No information shall be excluded by |
19 |
| reason of
any common law or statutory privilege relating to |
20 |
| communications between the
licensee or applicant and the |
21 |
| examining physician.
The person to be examined may have, at his |
22 |
| or her own expense, another
physician of his or her choice |
23 |
| present during all
aspects of the examination. Failure of any |
24 |
| person to submit to a mental or
physical examination, when |
25 |
| directed, shall be grounds for suspension of a
license until |
26 |
| the person submits to the examination if the Board finds,
after |
|
|
|
SB0128 Enrolled |
- 20 - |
LRB095 05003 RAS 25071 b |
|
|
1 |
| notice and hearing, that the refusal to submit to the |
2 |
| examination was
without reasonable cause.
|
3 |
| If the Board finds a person unable to practice because of |
4 |
| the reasons
set forth in this Section, the Board may require |
5 |
| that person to submit to
care, counseling, or treatment by |
6 |
| physicians
approved
or designated by the Board, as a condition, |
7 |
| term, or restriction for continued,
reinstated, or
renewed |
8 |
| licensure to practice; or, in lieu of care, counseling or |
9 |
| treatment,
the
Board may recommend to the Department to file a |
10 |
| complaint to immediately
suspend, revoke or otherwise |
11 |
| discipline the license of the person.
Any person whose
license |
12 |
| was granted, continued, reinstated, renewed, disciplined or |
13 |
| supervised
subject to such terms, conditions or restrictions, |
14 |
| and who fails to comply with
such terms, conditions, or |
15 |
| restrictions, shall be referred to the Secretary
Director for
a
|
16 |
| determination as to whether the person shall have his or her |
17 |
| license
suspended immediately, pending a hearing by the Board.
|
18 |
| In instances in which the Secretary
Director immediately |
19 |
| suspends a person's license
under this Section, a hearing on |
20 |
| that person's license must be convened by
the Board within 30
|
21 |
| 15 days after the suspension and completed without appreciable
|
22 |
| delay.
The Board shall have the authority to review the subject |
23 |
| person's record of
treatment and counseling regarding the |
24 |
| impairment, to the extent permitted by
applicable federal |
25 |
| statutes and regulations safeguarding the confidentiality of
|
26 |
| medical records.
|
|
|
|
SB0128 Enrolled |
- 21 - |
LRB095 05003 RAS 25071 b |
|
|
1 |
| A person licensed under this Act and affected under this |
2 |
| Section shall
be
afforded an opportunity to demonstrate to the |
3 |
| Board that he or she can resume
practice in compliance with |
4 |
| acceptable and prevailing standards under the
provisions of his |
5 |
| or her license.
|
6 |
| (Source: P.A. 90-150, eff. 12-30-97.)
|
7 |
| (225 ILCS 20/20) (from Ch. 111, par. 6370)
|
8 |
| (Section scheduled to be repealed on January 1, 2008)
|
9 |
| Sec. 20. Violations - Injunction - Cease and desist order. |
10 |
| 1. If any person violates the provisions of this Act, the |
11 |
| Secretary
Director may,
in the name of the People of the State |
12 |
| of Illinois, through the Attorney
General, petition for an |
13 |
| order enjoining such violation or for an order
enforcing |
14 |
| compliance with this Act. Upon the filing of a verified |
15 |
| petition,
the court with appropriate jurisdiction may issue a |
16 |
| temporary restraining
order without notice or bond, and may |
17 |
| preliminarily and permanently enjoin
such violation. If it is |
18 |
| established that such person has violated or is
violating the |
19 |
| injunction, the court may punish the offender for contempt of
|
20 |
| court. Proceedings under this Section shall be in addition to |
21 |
| all other
remedies and penalties provided by this Act.
|
22 |
| 2. If any person shall hold herself or himself out as a |
23 |
| licensed
clinical social worker or licensed social worker and |
24 |
| is not licensed under
this Act, then any licensed clinical |
25 |
| social worker, licensed social worker,
interested party or any |
|
|
|
SB0128 Enrolled |
- 22 - |
LRB095 05003 RAS 25071 b |
|
|
1 |
| person injured thereby may petition for relief as
provided in |
2 |
| subsection (1) of this Section.
|
3 |
| 3. Whenever, in the opinion of the Department, a person |
4 |
| violates any
provision of this Act, the Department may issue a |
5 |
| rule to show cause why an
order to cease and desist should not |
6 |
| be entered against such person. The
rule shall clearly set |
7 |
| forth the grounds relied upon by the Department and
shall allow |
8 |
| at least 7 days from the date of the rule to file an answer
|
9 |
| satisfactory to the Department. Failure to answer to the |
10 |
| satisfaction of
the Department shall cause an order to cease |
11 |
| and desist to be issued.
|
12 |
| (Source: P.A. 85-1131.)
|
13 |
| (225 ILCS 20/21) (from Ch. 111, par. 6371)
|
14 |
| (Section scheduled to be repealed on January 1, 2008)
|
15 |
| Sec. 21. Investigations; notice and hearing. The |
16 |
| Department may
investigate the actions of any applicant or of |
17 |
| any person holding or
claiming to hold a license. The |
18 |
| Department shall, before refusing to issue
or renew a license, |
19 |
| at least 30 days prior to the date set for the
hearing,
notify, |
20 |
| in writing, the applicant for, or holder of, a license of the |
21 |
| nature
of the charges and that a hearing will be held on the |
22 |
| date designated.
The Department shall direct the applicant or |
23 |
| licensee to file a written
answer to the Board under oath |
24 |
| within 20 days after the service of the
notice and inform the |
25 |
| applicant or licensee that failure to file an answer
will |
|
|
|
SB0128 Enrolled |
- 23 - |
LRB095 05003 RAS 25071 b |
|
|
1 |
| result in default being taken against the applicant or licensee |
2 |
| and
that the license or certificate may be
suspended, revoked, |
3 |
| placed on probationary status, or other disciplinary
action may |
4 |
| be taken, including limiting the scope, nature or extent of
|
5 |
| practice, as the Secretary
Director may deem proper. Written |
6 |
| notice may be served by personal delivery or certified or
|
7 |
| registered mail to the applicant or licensee at the applicant's |
8 |
| last address of record
the last
notification to the Department .
|
9 |
| In case the person fails to file an answer after receiving |
10 |
| notice, his or
her license or certificate may, in the |
11 |
| discretion of the Department, be
suspended, revoked, or placed |
12 |
| on probationary status, or the Department may
take whatever |
13 |
| disciplinary action deemed proper, including limiting the
|
14 |
| scope, nature, or extent of the person's practice or the |
15 |
| imposition of a
fine, without a hearing, if the act or acts |
16 |
| charged constitute sufficient
grounds for such action under |
17 |
| this Act.
At the time and place fixed in the notice,
the Board |
18 |
| shall proceed to hear the charges and the parties or their
|
19 |
| counsel shall be accorded ample opportunity to present any |
20 |
| statements,
testimony, evidence and argument as may be |
21 |
| pertinent to the charges or to
their defense. The Board may |
22 |
| continue a hearing from time to time.
|
23 |
| (Source: P.A. 87-1031.)
|
24 |
| (225 ILCS 20/23) (from Ch. 111, par. 6373)
|
25 |
| (Section scheduled to be repealed on January 1, 2008)
|
|
|
|
SB0128 Enrolled |
- 24 - |
LRB095 05003 RAS 25071 b |
|
|
1 |
| Sec. 23. Subpoenas - Depositions - Oaths. The Department |
2 |
| shall have
the power to subpoena and to bring before it any |
3 |
| person and to take
testimony either orally or by deposition, or |
4 |
| both, with the same fees and
mileage and in the same manner as |
5 |
| prescribed in civil cases in the courts
of this State.
|
6 |
| The Secretary
Director , the designated hearing officer and |
7 |
| every member of the
Board shall have power to administer oaths |
8 |
| to witnesses at any hearing
which the Department is authorized |
9 |
| to conduct, and any other oaths
authorized in any Act |
10 |
| administered by the Department.
|
11 |
| (Source: P.A. 85-967.)
|
12 |
| (225 ILCS 20/24) (from Ch. 111, par. 6374)
|
13 |
| (Section scheduled to be repealed on January 1, 2008)
|
14 |
| Sec. 24. Compelling Testimony. Any court, upon application |
15 |
| of the
Department, designated hearing officer or the applicant |
16 |
| or licensee against
whom proceedings under Section 19
17 of |
17 |
| this Act are pending, may enter an
order requiring the |
18 |
| attendance of witnesses and their testimony, and the
production |
19 |
| of documents, papers, files, books and records in connection
|
20 |
| with any hearing or investigation. The court may compel |
21 |
| obedience to its
order by proceedings for contempt.
|
22 |
| (Source: P.A. 85-967.)
|
23 |
| (225 ILCS 20/25) (from Ch. 111, par. 6375)
|
24 |
| (Section scheduled to be repealed on January 1, 2008)
|
|
|
|
SB0128 Enrolled |
- 25 - |
LRB095 05003 RAS 25071 b |
|
|
1 |
| Sec. 25. Findings and recommendations. At the conclusion of |
2 |
| the
hearing the Board shall present to the Secretary
Director a |
3 |
| written report of its
findings of fact, conclusions of law and |
4 |
| recommendations. The report shall
contain a finding whether or |
5 |
| not the licensee violated this act or
failed to comply with the |
6 |
| conditions required in this Act. The Board shall
specify the |
7 |
| nature of the violation or failure to comply, and shall make
|
8 |
| its recommendations to the Secretary
Director .
|
9 |
| The report of findings of fact, conclusions of law and |
10 |
| recommendation of
the Board shall be the basis for the |
11 |
| Department's order or refusal or for
the granting of the |
12 |
| license. If the Secretary
Director disagrees with the
|
13 |
| recommendations of the Board, the Secretary
Director may issue |
14 |
| an order in
contravention thereof. The Secretary
Director shall |
15 |
| provide a written report to the
Board on any disagreement and |
16 |
| shall specify the reasons for said action in
the final order. |
17 |
| The finding is not admissible in evidence against the
person in |
18 |
| a criminal prosecution brought for the violation of this Act, |
19 |
| but
the hearing and findings are not a bar to a criminal |
20 |
| prosecution brought for
the violation of this Act.
|
21 |
| (Source: P.A. 85-967.)
|
22 |
| (225 ILCS 20/26) (from Ch. 111, par. 6376)
|
23 |
| (Section scheduled to be repealed on January 1, 2008)
|
24 |
| Sec. 26. Board - Rehearing. In any case involving the |
25 |
| refusal to
issue or to renew a license or to discipline a |
|
|
|
SB0128 Enrolled |
- 26 - |
LRB095 05003 RAS 25071 b |
|
|
1 |
| licensee, a copy of the
Board's report shall be served upon the |
2 |
| applicant or licensee by the
Department, either personally or |
3 |
| by registered or certified mail or as
provided in this Act for |
4 |
| the service of the notice of hearing. Within 20
days after such |
5 |
| service, the applicant or licensee may present to the
|
6 |
| Department a motion in writing for a rehearing which shall |
7 |
| specify the
particular grounds therefor. If no motion for a |
8 |
| rehearing is filed, then
upon the expiration of the time |
9 |
| specified for filing such a motion, or if a
motion for |
10 |
| rehearing is denied, then upon such denial, the Secretary
|
11 |
| Director may
enter an order in accordance with recommendations |
12 |
| of the Board, except as
provided in Section 25 of this Act. If |
13 |
| the applicant or licensee requests
and pays for a transcript of |
14 |
| the record within the time for filing a motion
for rehearing, |
15 |
| the 20-day period within which such a motion may be filed
shall |
16 |
| commence upon the delivery of the transcript to the applicant |
17 |
| or licensee.
|
18 |
| (Source: P.A. 86-615.)
|
19 |
| (225 ILCS 20/27) (from Ch. 111, par. 6377)
|
20 |
| (Section scheduled to be repealed on January 1, 2008)
|
21 |
| Sec. 27. Rehearing
Director; rehearing . Whenever the |
22 |
| Secretary
Director believes
justice has not been done in the |
23 |
| revocation, suspension, or discipline of
a
license
or refusal |
24 |
| to issue
or renew a license, he or she may order a rehearing.
|
25 |
| (Source: P.A. 90-150, eff. 12-30-97.)
|
|
|
|
SB0128 Enrolled |
- 27 - |
LRB095 05003 RAS 25071 b |
|
|
1 |
| (225 ILCS 20/28) (from Ch. 111, par. 6378)
|
2 |
| (Section scheduled to be repealed on January 1, 2008)
|
3 |
| Sec. 28. Appointment of a hearing officer. The Secretary
|
4 |
| Director shall have the
authority to appoint any attorney |
5 |
| licensed to practice law in the State of
Illinois to serve as |
6 |
| the hearing officer in any action for refusal to issue
or renew |
7 |
| a license or permit or to discipline a licensee. The Secretary
|
8 |
| Director shall
promptly notify the Board of any such |
9 |
| appointment. The hearing officer
shall have full authority to |
10 |
| conduct the hearing. At least one member of
the Board shall |
11 |
| attend each hearing. The hearing officer shall report his
|
12 |
| findings of fact, conclusions of law and recommendations to the |
13 |
| Board and
to the Secretary
Director . Upon receipt of the |
14 |
| report, the
The Board shall have at least 60 days after
receipt |
15 |
| of the
report to review it and to present its findings of fact, |
16 |
| conclusions of law
and recommendation to the Secretary
|
17 |
| Director . If the Board does not present its
report within the |
18 |
| 60 days period, the respondent may request in writing a direct |
19 |
| appeal to the Secretary, in which case the Secretary shall, |
20 |
| within 7 calendar days after the request, issue an order |
21 |
| directing the Board to issue its findings of fact, conclusions |
22 |
| of law, and recommendations to the Secretary within 30 calendar |
23 |
| days after such order. If the Board fails to issue its findings |
24 |
| of fact, conclusions of law, and recommendations within that |
25 |
| time frame to the Secretary after the entry of such order, the |
|
|
|
SB0128 Enrolled |
- 28 - |
LRB095 05003 RAS 25071 b |
|
|
1 |
| Secretary shall, within 30 calendar days thereafter, issue an |
2 |
| order based upon the report of the hearing officer and the |
3 |
| record of the proceedings or issue an order remanding the |
4 |
| matter back to the hearing officer for additional proceedings |
5 |
| in accordance with the order. If (i) a direct appeal is |
6 |
| requested, (ii) the Board fails to issue its findings of fact, |
7 |
| conclusions of law, and recommendations within the 30-day |
8 |
| mandate from the Secretary or the Secretary fails to order the |
9 |
| Board to do so, and (iii) the Secretary fails to issue an order |
10 |
| within 30 calendar days thereafter, then the hearing officer's |
11 |
| report is deemed accepted and a final decision of the |
12 |
| Secretary. Notwithstanding any other provision of this |
13 |
| Section, if the Secretary, upon review, determines that |
14 |
| substantial justice has not been done in the revocation, |
15 |
| suspension, or refusal to issue or renew a license or other |
16 |
| disciplinary action taken as the result of the entry of the |
17 |
| hearing officer's report, the Secretary may order a rehearing |
18 |
| by the same or other examiners
the
Director may issue an order
|
19 |
| based on
the report of the hearing officer . If the
Secretary
|
20 |
| Director
disagrees with the
recommendation of the Board or of |
21 |
| the hearing officer, the Secretary
Director
may issue an
order |
22 |
| in contravention of the Board's report. The Secretary
Director
|
23 |
| shall promptly provide a
written explanation to the Board on |
24 |
| any such disagreement, and shall
specify the reasons for such |
25 |
| action in the final order.
|
26 |
| (Source: P.A. 90-150, eff. 12-30-97.)
|
|
|
|
SB0128 Enrolled |
- 29 - |
LRB095 05003 RAS 25071 b |
|
|
1 |
| (225 ILCS 20/29) (from Ch. 111, par. 6379)
|
2 |
| (Section scheduled to be repealed on January 1, 2008)
|
3 |
| Sec. 29. Order or certified copy thereof - prima facie |
4 |
| proof. An order
or a certified copy thereof, over the seal of |
5 |
| the Department and purporting
to be signed by the Secretary
|
6 |
| Director , shall be prima facie proof that:
|
7 |
| (1) Such signature is the genuine signature of the |
8 |
| Secretary
Director ;
|
9 |
| (2) Such Secretary
Director is duly appointed and |
10 |
| qualified; and
|
11 |
| (3) The Board and the members thereof are qualified to act.
|
12 |
| (Source: P.A. 85-967.)
|
13 |
| (225 ILCS 20/32) (from Ch. 111, par. 6382)
|
14 |
| (Section scheduled to be repealed on January 1, 2008)
|
15 |
| Sec. 32. Temporary suspension of a license. The Secretary
|
16 |
| Director may
temporarily suspend the license of a licensed |
17 |
| clinical social worker
or licensed social worker without a
|
18 |
| hearing simultaneously with the institution of proceedings for |
19 |
| a hearing
provided for in Section 21 of this Act if the |
20 |
| Secretary
Director finds conclusive
evidence indicating that a |
21 |
| licensee's continuation
in practice would constitute an |
22 |
| imminent danger to the public. In the event
the Secretary
|
23 |
| Director temporarily suspends such license without a hearing, a
|
24 |
| hearing by the Board shall be held within 30
days after such |
|
|
|
SB0128 Enrolled |
- 30 - |
LRB095 05003 RAS 25071 b |
|
|
1 |
| suspension has occurred.
|
2 |
| (Source: P.A. 85-1131.)
|
3 |
| Section 15. If and only if House Bill 820 of the 95th |
4 |
| General Assembly (as amended by Senate Amendment No. 1) becomes |
5 |
| law, the Carnival and Amusement Rides Safety Act is amended by |
6 |
| changing Sections 2-2 and 2-20 as follows:
|
7 |
| (430 ILCS 85/2-2) (from Ch. 111 1/2, par. 4052)
|
8 |
| Sec. 2-2. Definitions. As used in this Act, unless the |
9 |
| context
otherwise requires:
|
10 |
| 1. "Director" means the Director of Labor or his or her |
11 |
| designee.
|
12 |
| 2. "Department" means Department of Labor.
|
13 |
| 3. "Amusement Attraction" means an enclosed building or |
14 |
| structure,
including electrical equipment which is an integral |
15 |
| part of the building or
structure, through which people walk |
16 |
| without the aid of any moving device,
that provides amusement, |
17 |
| thrills or excitement at a fair or carnival,
except any such |
18 |
| enclosed building or structure which is subject to the
|
19 |
| jurisdiction of a local building code.
|
20 |
| 4. "Amusement ride" means:
|
21 |
| (a) any mechanized device
or combination of devices, |
22 |
| including electrical equipment which is an
integral part of |
23 |
| the device or devices, which carries passengers along,
|
24 |
| around, or over a fixed or restricted course for the |
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| primary purpose of
giving its passengers amusement, |
2 |
| pleasure, thrills, or excitement;
|
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| (b) any ski lift, rope tow, or other device used to |
4 |
| transport snow
skiers;
|
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| (c) (blank);
|
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| (d) any dry slide over 20 feet in height, alpine slide, |
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| or toboggan
slide;
|
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| (e) any tram, open car, or combination of open cars or |
9 |
| wagons pulled
by a tractor or other motorized device which |
10 |
| is not licensed by the
Secretary of State, which may, but |
11 |
| does not necessarily follow a fixed or
restricted course, |
12 |
| and is used primarily for the purpose of giving its
|
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| passengers amusement, pleasure, thrills or excitement, and |
14 |
| for which an
individual fee is charged or a donation |
15 |
| accepted with the exception of
hayrack rides; or
|
16 |
| (f) any bungee cord or similar elastic device.
|
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| 5. "Carnival" means an enterprise which offers amusement or |
18 |
| entertainment
to the public by means of one or more amusement |
19 |
| attractions or amusement rides.
|
20 |
| 6. "Fair" means an enterprise principally devoted to the |
21 |
| exhibition of
products of agriculture or industry in connection |
22 |
| with which
amusement rides or amusement attractions are |
23 |
| operated.
|
24 |
| 7. "Operator" means a person, or the agent of a person, who |
25 |
| owns or
controls or has the duty to control the operation of an |
26 |
| amusement ride or
an amusement attraction at a carnival or |
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LRB095 05003 RAS 25071 b |
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| fair. "Operator" includes an
agency of the State or any of its |
2 |
| political subdivisions.
|
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| 8. "Carnival worker" means a person who is employed by a |
4 |
| carnival or fair to manage, physically operate , or assist in |
5 |
| the operation of an amusement ride or amusement attraction when |
6 |
| it is open to the public and who is not a volunteer .
|
7 |
| (Source: P.A. 94-801, eff. 5-25-06; 95HB0820sam001.)
|
8 |
| (430 ILCS 85/2-20) |
9 |
| Sec. 2-20. Employment of carnival workers. |
10 |
| (a) Beginning on January 1, 2008, no person, firm, |
11 |
| corporation, or other entity that owns or operates a carnival |
12 |
| or fair shall employ a carnival worker who (i) has been |
13 |
| convicted of any offense set forth in Article 11 of the |
14 |
| Criminal Code of 1961, (ii) is a registered sex offender, as |
15 |
| defined in the Sex Offender Registration Act, or (iii) has ever |
16 |
| been convicted of any offense set forth in Article 9 of the |
17 |
| Criminal Code of 1961. |
18 |
| Any person, firm, corporation, or other entity that owns or |
19 |
| operates a carnival and knowingly violates the provisions of |
20 |
| this subsection (a) shall be assessed a civil penalty in an |
21 |
| amount not less than $1,000 and not more than $5,000 for a |
22 |
| first offense, and not less than $5,000 and not more than |
23 |
| $10,000 for a second or subsequent offense. |
24 |
| (b) A
In the interest of compliance with the requirements |
25 |
| of this Section, a person, firm, corporation, or other entity |
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| that owns or operates a carnival or fair must conduct a |
2 |
| criminal history records check for each carnival workers at the |
3 |
| time they are hired
worker in its employ consistent with the |
4 |
| Illinois Uniform Conviction Information Act and perform a check |
5 |
| of the Sex Offender Registry maintained by the Department of |
6 |
| State Police for each carnival worker in its employ . |
7 |
| In the case of carnival workers who are hired on a |
8 |
| temporary basis to work at a specific event, the carnival or |
9 |
| fair owner may work with local enforcement agencies in order |
10 |
| expedite the criminal history records check required under this |
11 |
| subsection (b). |
12 |
| Individuals who are under the age of 17 are exempt from the |
13 |
| criminal history records check requirements set forth in this |
14 |
| subsection (b). |
15 |
| (c) Any person, firm, corporation, or other entity that |
16 |
| owns or operates a carnival or fair must have a substance abuse |
17 |
| policy in place for its workers, which shall include random |
18 |
| drug testing of carnival workers. |
19 |
| (d) Any person, firm, corporation, or other entity that |
20 |
| owns or operates a carnival or fair that violates the |
21 |
| provisions of subsection (a) of this Section or fails to |
22 |
| conduct a criminal history records check or a sex offender |
23 |
| registry check for carnival workers in its employ, as required |
24 |
| by subsection (b) of this Section, shall be assessed a civil |
25 |
| penalty in an amount not to exceed $1,000 for a first offense, |
26 |
| not to exceed $5,000 for a second offense, and not to exceed |
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SB0128 Enrolled |
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|
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| $15,000 for a third or subsequent offense. The collection of |
2 |
| these penalties shall be enforced in a civil action brought by |
3 |
| the Attorney General on behalf of the Department. |
4 |
| (e) A carnival or fair owner is not responsible for: |
5 |
| (1) any personal information submitted by a carnival |
6 |
| worker for criminal history records check purposes; or |
7 |
| (2) any information provided by a third party for a |
8 |
| criminal history records check or a sex offender registry |
9 |
| check. |
10 |
| A carnival or fair owner shall not be liable to any |
11 |
| employee in carrying out the requirements of this Section.
|
12 |
| (Source: 95HB0820sam001.)
|
13 |
| Section 99. Effective date. This Act takes effect upon |
14 |
| becoming law.
|