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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||||||||||||||||||||||||||||||||
5 | Interpreter for the Deaf Licensure Act of 2007. | ||||||||||||||||||||||||||||||||||||
6 | Section 5. Purpose. The practice of interpreting for the | ||||||||||||||||||||||||||||||||||||
7 | deaf in the State of Illinois is hereby declared to affect the | ||||||||||||||||||||||||||||||||||||
8 | public health, safety, and welfare and to be subject to | ||||||||||||||||||||||||||||||||||||
9 | regulation in the public interest. It is further declared to be | ||||||||||||||||||||||||||||||||||||
10 | a matter of public interest and concern that the practice of | ||||||||||||||||||||||||||||||||||||
11 | interpreting for the deaf merit and receive the confidence of | ||||||||||||||||||||||||||||||||||||
12 | the public. | ||||||||||||||||||||||||||||||||||||
13 | The purpose of this Act is to protect and benefit the deaf | ||||||||||||||||||||||||||||||||||||
14 | and hard of hearing consumers by setting standards of | ||||||||||||||||||||||||||||||||||||
15 | qualifications, education, training, and experience for those | ||||||||||||||||||||||||||||||||||||
16 | who represent themselves as interpreters for the deaf and hard | ||||||||||||||||||||||||||||||||||||
17 | of hearing, to promote high standards of professional | ||||||||||||||||||||||||||||||||||||
18 | performance for those licensed as interpreters for the deaf, | ||||||||||||||||||||||||||||||||||||
19 | and to protect the deaf and hard of hearing consumers from | ||||||||||||||||||||||||||||||||||||
20 | unprofessional conduct by persons licensed to practice. | ||||||||||||||||||||||||||||||||||||
21 | Section 10. Definitions. In this Act: | ||||||||||||||||||||||||||||||||||||
22 | "Accepted certificate" means a certificate required for |
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1 | licensure that is issued by the Commission, National | ||||||
2 | Association for the Deaf, Registry of Interpreters for the | ||||||
3 | Deaf, Testing Evaluation and Certification Unit Inc. | ||||||
4 | (TECUnit), or any other certifying entities authorized by rule. | ||||||
5 | "American Sign Language (ASL)" means a visual-gestural | ||||||
6 | language that is recognized and accepted as linguistically | ||||||
7 | independent from English language and has its own syntax, | ||||||
8 | rhetoric, and grammar that is recognized, accepted, and used by | ||||||
9 | many deaf Americans.
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10 | "Board" means the Board of Interpreters for the Deaf as | ||||||
11 | established within the Illinois Deaf and Hard of Hearing | ||||||
12 | Commission. | ||||||
13 | "Commission" means the Illinois Deaf and Hard of Hearing | ||||||
14 | Commission. | ||||||
15 | "Consumer" means any individual with or without a hearing | ||||||
16 | loss who is the recipient of interpreter services. | ||||||
17 | "Cued speech" means a phonetically based hand supplement to | ||||||
18 | speech reading that is independent of all sign language | ||||||
19 | modalities. It is a system of hand shapes that represents | ||||||
20 | groups of consonant sounds, combined with hand placements that | ||||||
21 | represent groups of vowel sounds, used with natural speech to | ||||||
22 | represent a visual model of spoken language. | ||||||
23 | "Deaf" means any person who, because of the severity of a | ||||||
24 | hearing loss, is not able to discriminate speech when spoken in | ||||||
25 | a normal conversational tone regardless of the use of | ||||||
26 | amplification devices and whose primary means of receiving |
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1 | spoken communication is through visual input, including but not | ||||||
2 | limited to, American Sign Language, speech reading, sign | ||||||
3 | systems, tactile sign, fingerspelling, reading, or writing. | ||||||
4 | "Director" means the Director of the Illinois Deaf and Hard | ||||||
5 | of Hearing Commission. | ||||||
6 | "Educational interpreter" means any person, including | ||||||
7 | those with a hearing loss, who provides deaf or hard of hearing | ||||||
8 | interpreting services in all educational environments under | ||||||
9 | the regulatory authority of the State Board of Education. | ||||||
10 | "Hard of hearing" means any person who, because of a | ||||||
11 | hearing loss, finds hearing difficult, but does not preclude | ||||||
12 | the understanding of spoken communication through the ear | ||||||
13 | alone, regardless of the use of amplification devices or | ||||||
14 | assistive devices, and whose primary means of receiving spoken | ||||||
15 | communication is through visual or auditory input, including, | ||||||
16 | but not limited to, assistive devices, speech reading, sign | ||||||
17 | language, fingerspelling, reading, or writing. | ||||||
18 | "Hearing" means any person who does not have a hearing | ||||||
19 | loss. | ||||||
20 | "Interpreter for the deaf" means any person who offers to | ||||||
21 | render deaf or hard of hearing interpreting services implying | ||||||
22 | that he or she is trained and experienced in interpreting for | ||||||
23 | the deaf and holds a license to practice interpreting for the | ||||||
24 | deaf in this State. | ||||||
25 | "Interpreting" means the interpreting or transliterating | ||||||
26 | of English language concepts to any communication modes of the |
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1 | deaf or hard of hearing consumer or the interpreting or | ||||||
2 | transliterating of the communication modes of the deaf and hard | ||||||
3 | of hearing consumers to English language concepts. | ||||||
4 | Communication modes include, but are not limited to, American | ||||||
5 | Sign Language, cued speech, oral, tactile sign, and persons | ||||||
6 | with language deficient skills. | ||||||
7 | "Language deficient" means modes of communication used by | ||||||
8 | deaf individuals who lack crucial language components, | ||||||
9 | including, but not limited to, vocabulary, language concepts, | ||||||
10 | expressive skills, language skills, and receptive skills. | ||||||
11 | "License" or "licensure" means the authorization to | ||||||
12 | practice interpreting by the Commission under the provisions of | ||||||
13 | this Act. | ||||||
14 | "Oral" means the mode of communication having | ||||||
15 | characteristics of speech, speech reading, and residual | ||||||
16 | hearing as a primary means of communication using situational | ||||||
17 | and culturally appropriate gestures, without the use of sign | ||||||
18 | language. | ||||||
19 | "Practice of interpreting" means rendering or offering to | ||||||
20 | render or supervise those who render to individuals, couples, | ||||||
21 | groups, organizations, institutions, corporations, schools, | ||||||
22 | government agencies, or the general public any interpreting | ||||||
23 | service involving the interpreting of any mode of communication | ||||||
24 | used by a deaf or hard of hearing consumer to English language | ||||||
25 | concepts or of an English language consumer to a mode of | ||||||
26 | communication used by a deaf or hard of hearing consumer. |
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1 | "Tactile sign" means mode of communication, used by deaf | ||||||
2 | and blind individuals, using any one or a combination of | ||||||
3 | tactile sign or constricted space signing. | ||||||
4 | "Transliterating" means the process of conveying a message | ||||||
5 | from either spoken language into a manually coded language or | ||||||
6 | from a manually coded language into a spoken language. | ||||||
7 | Section 15. Licensure requirement. | ||||||
8 | (a) On or after the date of January 1, 2009, no person | ||||||
9 | shall practice as an interpreter for the deaf or hold herself | ||||||
10 | or himself out as being an interpreter for the deaf or render | ||||||
11 | deaf or hard of hearing interpreting services in this State | ||||||
12 | unless he or she is licensed in accordance with the provisions | ||||||
13 | of this Act.
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14 | (b) The provisions of the Act shall not be construed to | ||||||
15 | invalidate the requirement that interpreters continue to | ||||||
16 | register pursuant to the Interpreters for the Deaf Act prior to | ||||||
17 | the effective date of this Act. | ||||||
18 | (c) Beginning January 1, 2009, the Commission shall cease | ||||||
19 | to register interpreters pursuant to the Interpreters for the | ||||||
20 | Deaf Act. After that date, applicants shall apply for a license | ||||||
21 | to practice as an interpreter for the deaf and shall meet the | ||||||
22 | requirements set forth in this Act. | ||||||
23 | Section 20. Unlicensed practice; violation; administrative | ||||||
24 | fine. |
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1 | (a) Any person who practices, offers to practice, attempts | ||||||
2 | to practice, or holds himself or herself out to practice as an | ||||||
3 | interpreter for the deaf without being licensed or exempt under | ||||||
4 | this Act shall, in addition to any other penalty provided by | ||||||
5 | law, pay an administrative fine to the Commission in an amount | ||||||
6 | not to exceed $2,500 for each offense as determined by the | ||||||
7 | Commission. The administrative fine shall be assessed by the | ||||||
8 | Commission after a hearing is held in accordance with the | ||||||
9 | provisions set forth in this Act regarding the provision of a | ||||||
10 | hearing for the discipline of a licensee and shall be deposited | ||||||
11 | in the Interpreters for the Deaf Fund. | ||||||
12 | (b) The Commission has the authority and power to | ||||||
13 | investigate any and all actual, alleged, or suspected | ||||||
14 | unlicensed activity. | ||||||
15 | (c) The administrative fine shall be paid within 60 days | ||||||
16 | after the effective date of the order imposing the | ||||||
17 | administrative fine. The order shall constitute a judgment and | ||||||
18 | may be filed and executed in the same manner as any judgment | ||||||
19 | from any court of record. | ||||||
20 | Section 25. Exemptions. The following do not constitute | ||||||
21 | violations of this Act: | ||||||
22 | (1) Persons interpreting in religious activities. | ||||||
23 | (2) Persons rendering interpreting services in cases | ||||||
24 | of emergency, as provided in the Good Samaritan Act. | ||||||
25 | (3) Persons currently enrolled in a course of study |
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1 | leading to a certificate or degree in interpreting, | ||||||
2 | provided that such persons engage only in activities and | ||||||
3 | services that constitute a part of a supervised course of | ||||||
4 | study and clearly designate themselves as student, | ||||||
5 | trainee, or intern. | ||||||
6 | (4) Persons working as an educational interpreter in | ||||||
7 | compliance with the rules established by the State Board of | ||||||
8 | Education. | ||||||
9 | (5) Persons interpreting pro bono where circumstances | ||||||
10 | do not allow for the fulfillment of the requirements for | ||||||
11 | licensure under this Act and where the services of a | ||||||
12 | qualified interpreter are not required under State or | ||||||
13 | federal law, including, but not limited to, the Illinois | ||||||
14 | Human Rights Act, the federal Americans with Disabilities | ||||||
15 | Act, Section 504 of the federal Rehabilitation Act of 1973, | ||||||
16 | or the regulations adopted under those Acts. | ||||||
17 | Section 30. Application for licensure. | ||||||
18 | (a) An application for licensure as an interpreter for the | ||||||
19 | deaf shall be made to the Commission on forms prescribed by the | ||||||
20 | Commission and accompanied by the appropriate documentation | ||||||
21 | and the required non-refundable fee. All applications shall | ||||||
22 | contain information that, in the judgment of the Commission, | ||||||
23 | shall enable the Commission to determine an applicant's | ||||||
24 | qualifications. | ||||||
25 | (b) Applicants have one year from the date the application |
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1 | is initially submitted to the Commission to complete the | ||||||
2 | application process. If the process has not been completed in | ||||||
3 | the one-year period, the application shall be denied and the | ||||||
4 | fee forfeited and the applicant must reapply and meet the | ||||||
5 | requirements in effect at the time of application. | ||||||
6 | (c) A license shall not be denied to an applicant because | ||||||
7 | of the applicant's race, religion, creed, national origin, | ||||||
8 | political beliefs or activities, age, sex, sexual orientation, | ||||||
9 | or physical disability. | ||||||
10 | Section 35. Examination and evaluation. | ||||||
11 | (a) The Commission, by rule, may establish a written | ||||||
12 | examination and performance evaluation of applicants for | ||||||
13 | licensure as interpreters for the deaf at such times and places | ||||||
14 | as it may determine. The written examination shall test | ||||||
15 | knowledge of interpreting and the performance evaluation shall | ||||||
16 | test the competence and skills of interpreting and | ||||||
17 | transliterating. | ||||||
18 | (b) Applicants for examination or evaluation shall pay to | ||||||
19 | the Commission a fee covering the cost of providing the | ||||||
20 | examination or evaluation. Failure to appear for the | ||||||
21 | examination or evaluation on the scheduled date at the time and | ||||||
22 | place specified shall result in the forfeiture of the | ||||||
23 | examination or evaluation fee. | ||||||
24 | Section 40. Social security number. In addition to any |
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1 | other information required to be contained in the application, | ||||||
2 | every application for an original, renewal, or restored license | ||||||
3 | under this Act shall include the applicant's Social Security | ||||||
4 | Number. | ||||||
5 | Section 45. Qualifications for licensure. A person shall be | ||||||
6 | qualified to be licensed as an interpreter for the deaf and the | ||||||
7 | Commission shall issue a license to an applicant who: | ||||||
8 | (1) has applied in writing on the prescribed forms and | ||||||
9 | paid the required fees; | ||||||
10 | (2) is of good moral character; in determining good | ||||||
11 | moral character, the Commission may take into | ||||||
12 | consideration whether the applicant has engaged in conduct | ||||||
13 | or activities that would constitute grounds for discipline | ||||||
14 | under Section 110 of this Act; | ||||||
15 | (3) is an accepted certificate holder; | ||||||
16 | (4) has high school diploma or equivalent; and | ||||||
17 | (5) has met any other requirements established by the | ||||||
18 | Commission by rule. | ||||||
19 | Section 50. Powers and duties of the Commission. | ||||||
20 | (a) The Commission shall exercise the powers and duties | ||||||
21 | prescribed by the Civil Administrative Code of Illinois for the | ||||||
22 | administration of licensing acts. | ||||||
23 | (b) The Commission shall adopt rules consistent with the | ||||||
24 | provisions and purposes of this Act for the administration and |
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1 | enforcement thereof, and for the payment of fees connected | ||||||
2 | therewith, and may prescribe forms, which shall be issued in | ||||||
3 | connection therewith. | ||||||
4 | (c) The Commission may seek the advice and the expert | ||||||
5 | knowledge of the Board on any matter relating to the | ||||||
6 | administration of this Act. | ||||||
7 | (d) The Commission shall conduct hearings on proceedings to | ||||||
8 | refuse to issue or renew or to revoke a license or to suspend, | ||||||
9 | place on probation, censure, or reprimand a person licensed | ||||||
10 | under this Act. | ||||||
11 | (e) The Commission may develop, contract, purchase, or | ||||||
12 | authorize examination and evaluation materials necessary to | ||||||
13 | license interpreters for the deaf that are cost effective and | ||||||
14 | accessible. | ||||||
15 | Section 55. Interpreter Coordinator. The Director may | ||||||
16 | employ, pursuant to the Personnel Code, an Interpreter | ||||||
17 | Coordinator and any other necessary staff. The Interpreter | ||||||
18 | Coordinator shall be a professional interpreter for the deaf | ||||||
19 | licensed in this State. The Interpreter Coordinator hired | ||||||
20 | initially must hold an accepted certification and must qualify | ||||||
21 | for and obtain licensure within 6 months after the effective | ||||||
22 | date of this Act. All Interpreter Coordinators hired thereafter | ||||||
23 | must be licensed at the time of hire. The Interpreter | ||||||
24 | Coordinator shall perform such administrative functions as may | ||||||
25 | be delegated by the Director. |
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1 | Section 60. Illinois Board of Interpreters. | ||||||
2 | (a) The Director shall appoint an Illinois Board of | ||||||
3 | Interpreters for the Deaf consisting of 7 voting members who | ||||||
4 | shall serve in an advisory capacity to the Director. The Board | ||||||
5 | shall be composed of 4 licensed interpreters for the deaf, 3 | ||||||
6 | deaf or hard of hearing consumers, and the Interpreter | ||||||
7 | Coordinator who shall serve as a non-voting member. | ||||||
8 | (b) The Board shall meet no less than 2 times per year and | ||||||
9 | may hold additional meetings as required in the performance of | ||||||
10 | its duties. | ||||||
11 | (c) The members shall be appointed to serve 4-year terms | ||||||
12 | and shall serve until successors are appointed and qualified, | ||||||
13 | except that initial appointments shall be staggered with one | ||||||
14 | member appointed to serve for one year, 2 members appointed to | ||||||
15 | serve for 2 years, 2 members appointed to serve for 3 years, | ||||||
16 | and 2 members appointed to serve for 4 years. No member shall | ||||||
17 | be eligible to serve more than 2 consecutive terms. A vacancy | ||||||
18 | in the Board shall be filled by appointment by the Director for | ||||||
19 | the remainder of the unexpired term. Those interpreter members | ||||||
20 | appointed initially must qualify for and obtain licensure under | ||||||
21 | this Act within 6 months after the effective date of this Act. | ||||||
22 | (d) The membership of the Board must reasonably reflect | ||||||
23 | representation from different geographic areas of the State. | ||||||
24 | (e) The membership of the Board shall reflect the | ||||||
25 | differences in certification, experience, education, and |
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1 | background and knowledge of interpreting for the deaf and | ||||||
2 | evaluation. | ||||||
3 | (f) The Director may terminate the appointment of any | ||||||
4 | member for misconduct, inefficiency, incompetence, or neglect | ||||||
5 | of his or her official duties. | ||||||
6 | (g) The Director shall consider the recommendation of the | ||||||
7 | Board on all matters and questions relating to this Act. | ||||||
8 | (h) The Board shall annually elect from its membership a | ||||||
9 | chairperson, vice chairperson, and a secretary. | ||||||
10 | (i) Members of the Board shall be reimbursed for all | ||||||
11 | authorized legitimate and necessary expenses incurred in | ||||||
12 | attending the meetings of the Board. | ||||||
13 | (j) A majority of the Board members currently appointed | ||||||
14 | shall constitute a quorum. A vacancy in the membership of the | ||||||
15 | Board shall not impair the right of a quorum to perform all of | ||||||
16 | the duties of the Board. | ||||||
17 | (k) Members shall be immune from suit in any action based | ||||||
18 | upon any disciplinary proceedings or other acts performed in | ||||||
19 | good faith as members of the Illinois Board of Interpreters for | ||||||
20 | the Deaf. | ||||||
21 | Section 65. Privileged communications. Interpreters for | ||||||
22 | the deaf licensed under this Act shall be subject to the | ||||||
23 | provisions concerning privileged communications between | ||||||
24 | interpreters for the deaf and hard of hearing and consumers set | ||||||
25 | forth in Section 8-912 of the Code of Civil Procedure. |
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1 | Section 70. Provisional licensure. The Commission may, at | ||||||
2 | its discretion, issue a provisional license to an applicant who | ||||||
3 | has not met all of the requirements for full licensure under | ||||||
4 | this Act, but has met the requirements for provisional | ||||||
5 | licensure as established by the Commission. | ||||||
6 | Provisional licenses must be renewed as set by rule and | ||||||
7 | shall not be renewed for a period exceeding 2 years. If, at the | ||||||
8 | end of 2 years, a provisional licensee still does not meet the | ||||||
9 | requirements for full licensure under this Act, he or she shall | ||||||
10 | be unable to practice interpreting under this Act until granted | ||||||
11 | a license by the Commission. | ||||||
12 | Section 75. Expiration, renewal, and restoration of | ||||||
13 | license. | ||||||
14 | (a) The expiration date and renewal period for each license | ||||||
15 | issued under this Act shall be determined by the Commission and | ||||||
16 | set by rule. Every holder of a license under this Act may renew | ||||||
17 | his or her license during the 60-day period preceding the | ||||||
18 | expiration date thereof upon payment of the required renewal | ||||||
19 | fees. | ||||||
20 | (b) Any person who has permitted his or her license to | ||||||
21 | expire or who has had his or her license placed on inactive | ||||||
22 | status may have his or her license restored by making | ||||||
23 | application to the Commission and filing proof acceptable to | ||||||
24 | the Commission, as defined by the Commission by rule, of his or |
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1 | her fitness to have the license restored, if applicable, | ||||||
2 | including evidence attesting to active practice in another | ||||||
3 | jurisdiction satisfactory to the Commission and by paying the | ||||||
4 | required restoration fee. | ||||||
5 | (c) If an interpreter for the deaf has not maintained an | ||||||
6 | active practice in another jurisdiction satisfactory to the | ||||||
7 | Commission, the Commission shall determine his or her fitness | ||||||
8 | to resume active status and may require satisfactory evaluation | ||||||
9 | of skills. | ||||||
10 | (d) Any interpreter for the deaf whose license expires | ||||||
11 | while he or she is (i) in federal service on active duty with | ||||||
12 | the Armed Forces of the United States, or the State Militia | ||||||
13 | called into service or training, or (ii) in training or | ||||||
14 | education under the supervision of the United States | ||||||
15 | preliminary to induction into the military service, may have | ||||||
16 | his or her license renewed or restored without paying any | ||||||
17 | lapsed renewal fees if, within 2 years after honorable | ||||||
18 | termination of such service, training, or education, and he or | ||||||
19 | she furnishes the Commission with satisfactory evidence to the | ||||||
20 | effect that he or she has been so engaged. | ||||||
21 | (e) Any licensee who practices interpreting while his or | ||||||
22 | her license is expired shall be considered to be practicing | ||||||
23 | without a license, which constitutes grounds for discipline | ||||||
24 | under this Act. | ||||||
25 | Section 80. Inactive status. |
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1 | (a) Any interpreter for the deaf who notifies the | ||||||
2 | Commission, on forms prescribed by the Commission, may place | ||||||
3 | his or her license on inactive status and shall be exempt from | ||||||
4 | payment of renewal fees until he or she notifies the | ||||||
5 | Commission, in writing, of the intention to restore his or her | ||||||
6 | license, pays the current renewal fee, and demonstrates | ||||||
7 | compliance with any requisite continuing education. | ||||||
8 | (b) Any interpreter for the deaf requesting restoration | ||||||
9 | from inactive status must pay the current renewal fee and | ||||||
10 | restore his or her license as provided in Section 75 of this | ||||||
11 | Act. | ||||||
12 | (c) Any interpreter for the deaf whose license is placed on | ||||||
13 | inactive status shall not practice in this State. Any licensee | ||||||
14 | who practices interpreting while his or her license is placed | ||||||
15 | on inactive status shall be considered to be practicing without | ||||||
16 | a license, which constitutes grounds for discipline under this | ||||||
17 | Act. | ||||||
18 | Section 85. Continuing education. The Commission may adopt | ||||||
19 | rules of continuing education for persons licensed under this | ||||||
20 | Act. These rules shall be consistent with the requirements of | ||||||
21 | relevant professional associations and training programs and | ||||||
22 | address variances for illness or hardship. In establishing | ||||||
23 | these rules, the Commission may consider continuing education | ||||||
24 | requirements as a condition of membership in organizations in | ||||||
25 | order to assure that licensees are given the opportunity to |
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1 | participate in those programs sponsored by or through the | ||||||
2 | professional associations or interpreter training programs | ||||||
3 | that are relevant to their practice. | ||||||
4 | The Commission shall establish by rule a means for | ||||||
5 | verifying the completion of the continuing education required | ||||||
6 | by this Section. This verification may be accomplished through | ||||||
7 | audits of records maintained by licensees, the filing of | ||||||
8 | continuing education certificates with the Commission, or any | ||||||
9 | other means established by the Commission. | ||||||
10 | Section 90. Roster. The Commission shall maintain a list of | ||||||
11 | licensed interpreters for the deaf authorized to practice in | ||||||
12 | the State. The list shall show the name of every licensee, type | ||||||
13 | of certification, county, areas of specialty, and a form of | ||||||
14 | contact. This list shall be available for public distribution | ||||||
15 | upon request and payment of the required fee. | ||||||
16 | The Commission shall maintain rosters of the names of all | ||||||
17 | persons whose licenses have been suspended, revoked, or denied | ||||||
18 | renewal for cause within the previous calendar year. This list | ||||||
19 | shall be available for public distribution upon request and | ||||||
20 | payment of the required fee. | ||||||
21 | Section 95. Fees. The Commission may charge fees for the | ||||||
22 | administration and enforcement of this Act, including, but not | ||||||
23 | limited to, application, administration of an examination or | ||||||
24 | evaluation, licensure renewal and restoration, and provision |
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1 | of duplicate licenses. The fees shall be in an amount | ||||||
2 | sufficient to cover the cost of the licensure program and shall | ||||||
3 | be set by rule. | ||||||
4 | Section 100. Checks or order dishonored. Any person who | ||||||
5 | delivers a check or other payment to the Commission that is | ||||||
6 | returned to the Commission unpaid by the financial institution | ||||||
7 | upon which it is drawn shall pay to the Commission, in addition | ||||||
8 | to the amount already owed to the Commission, a fine of $50. If | ||||||
9 | the check or other payment was for a renewal or issuance fee | ||||||
10 | and that person practices without paying the renewal fee or | ||||||
11 | issuance fee and the fine due, an additional fine of $100 shall | ||||||
12 | be imposed. The fines imposed by this Section are in addition | ||||||
13 | to any other discipline provided under this Act for unlicensed | ||||||
14 | practice or practice on a nonrenewed license. The Commission | ||||||
15 | shall notify the person that payment of fees and fines shall be | ||||||
16 | paid to the Commission by certified check or money order within | ||||||
17 | 30 calendar days after the notification. If, after the | ||||||
18 | expiration of 30 days from the date of the notification, the | ||||||
19 | person has failed to submit the necessary remittance, the | ||||||
20 | Commission shall automatically terminate the license or deny | ||||||
21 | the application, without hearing. If, after termination or | ||||||
22 | denial, the person seeks a license, he or she shall apply to | ||||||
23 | the Commission for restoration or issuance of the license and | ||||||
24 | pay all fees and fines due to the Commission. The Commission | ||||||
25 | may establish a fee for the processing of an application for |
| |||||||
| |||||||
1 | restoration of a license to pay all expenses of processing the | ||||||
2 | application. The Director may waive the fines due under this | ||||||
3 | Section in individual cases where the Director finds that the | ||||||
4 | fines would be unreasonable or unnecessarily burdensome. | ||||||
5 | Section 105. Interpreters for the Deaf Fund. The moneys | ||||||
6 | received as fees and fines by the Commission under this Act | ||||||
7 | shall be deposited in the Interpreters for the Deaf Fund, which | ||||||
8 | is hereby created as a special fund in the State treasury, and | ||||||
9 | shall be used only for the administration and enforcement of | ||||||
10 | this Act, including (i) for costs directly related to the | ||||||
11 | regulating of persons under this Act, (ii) by the Board and | ||||||
12 | Commission in the exercise of its powers and performance of its | ||||||
13 | duties, and (iii) for direct and allocable indirect cost | ||||||
14 | related to the public purposes of the Commission. All moneys | ||||||
15 | deposited in the Fund shall be appropriated to the Commission | ||||||
16 | for expenses of the Commission and the Board in the | ||||||
17 | administration and enforcement of this Act. Moneys in the Fund | ||||||
18 | may be invested and reinvested, with all earnings deposited in | ||||||
19 | the Fund and used for the purposes set forth in this Act. The | ||||||
20 | Fund shall comply with the Illinois State Auditing Act. | ||||||
21 | Section 110. Grounds for disciplinary action. | ||||||
22 | (a) The Commission may refuse to issue, refuse to renew, | ||||||
23 | suspend, or revoke any license, or may place on probation, | ||||||
24 | censure, reprimand, or take other disciplinary action deemed |
| |||||||
| |||||||
1 | appropriate by the Commission, including the imposition of | ||||||
2 | administrative fines not to exceed $2,500 for each violation, | ||||||
3 | with regard to any license issued under the provisions of this | ||||||
4 | Act for any one or more of the following reasons: | ||||||
5 | (1) Material deception in furnishing information to | ||||||
6 | the Commission. | ||||||
7 | (2) Violations or negligent or intentional disregard | ||||||
8 | of any provision of this Act or its rules. | ||||||
9 | (3) Conviction of any crime under the laws of any | ||||||
10 | jurisdiction of the United States that is a felony or a | ||||||
11 | misdemeanor, an essential element of which is dishonesty, | ||||||
12 | or of any crime that is directly related to the practice of | ||||||
13 | the profession. | ||||||
14 | (4) A pattern of practice or other behavior that | ||||||
15 | demonstrates incapacity or incompetence to practice under | ||||||
16 | this Act. | ||||||
17 | (5) Knowingly aiding or assisting another person in | ||||||
18 | violating any provision of this Act or rules adopted | ||||||
19 | thereunder. | ||||||
20 | (6) Failing, within 60 days, to provide a response to a | ||||||
21 | request for information in response to a written request | ||||||
22 | made by the Commission by certified mail. | ||||||
23 | (7) Engaging in dishonorable, unethical, or | ||||||
24 | unprofessional conduct of a character likely to deceive, | ||||||
25 | defraud, or harm the public. | ||||||
26 | (8) Conviction for the unlawful sale or distribution of |
| |||||||
| |||||||
1 | any drug, narcotic, or prescription device, or unlawful | ||||||
2 | conversion of any drug, narcotic, or prescription device. | ||||||
3 | (9) Being under the influence or habitual use of or | ||||||
4 | addiction to alcohol, narcotics, stimulants, or any other | ||||||
5 | chemical agent or drug, which results in a licensee's | ||||||
6 | inability to practice with reasonable judgment, skill, or | ||||||
7 | safety. | ||||||
8 | (10) Discipline by another jurisdiction or foreign | ||||||
9 | nation, if at least one of the grounds for the discipline | ||||||
10 | is the same or substantially equivalent to those set forth | ||||||
11 | in this Section. | ||||||
12 | (11) A finding that the licensee, after having his or | ||||||
13 | her license placed on probationary status, has violated the | ||||||
14 | terms of probation. | ||||||
15 | (12) Being named as a perpetrator in an indicated | ||||||
16 | report by the Department of Children and Family Services | ||||||
17 | and under the Abused and Neglected Child Reporting Act, and | ||||||
18 | upon proof by clear and convincing evidence that the | ||||||
19 | licensee has caused a child to be an abused child or | ||||||
20 | neglected child as defined in the Abused and Neglected | ||||||
21 | Child Reporting Act. | ||||||
22 | (13) Gross negligence in the practice of interpreting. | ||||||
23 | (14) Holding oneself out to be a practicing interpreter | ||||||
24 | for the deaf under any name other than one's own. | ||||||
25 | (15) Fraud, deceit, or misrepresentation in applying | ||||||
26 | for or procuring a license under this Act or in connection |
| |||||||
| |||||||
1 | with applying for renewal of a license under this Act. | ||||||
2 | (16) Allowing another person or organization to use the | ||||||
3 | licensee's license to deceive the public. | ||||||
4 | (17) Attempting to subvert or cheat on an | ||||||
5 | interpreter-related examination or evaluation. | ||||||
6 | (18) Immoral conduct in the commission of an act, such | ||||||
7 | as sexual abuse, sexual misconduct, or sexual | ||||||
8 | exploitation, related to the licensee's practice. | ||||||
9 | (19) Willfully or negligently violating the | ||||||
10 | confidentiality between an interpreter and client, except | ||||||
11 | as required by law. | ||||||
12 | (20) Practicing or attempting to practice interpreting | ||||||
13 | under a name other than the name listed on the license. | ||||||
14 | (21) The use of any false, fraudulent, or deceptive | ||||||
15 | statement in any document connected with the licensee's | ||||||
16 | practice. | ||||||
17 | (22) Failure of a licensee to report to the Commission | ||||||
18 | any adverse final action taken against him or her by | ||||||
19 | another licensing jurisdiction, any peer review body, any | ||||||
20 | professional deaf or hard of hearing interpreting | ||||||
21 | association, any governmental Commission, by law | ||||||
22 | enforcement Commission, or any court for a deaf or hard of | ||||||
23 | hearing interpreting liability claim related to acts or | ||||||
24 | conduct similar to acts or conduct that would constitute | ||||||
25 | grounds for action as provided in this Section. | ||||||
26 | (23) Failure of a licensee to report to the Commission |
| |||||||
| |||||||
1 | surrender by the licensee of his or her license or | ||||||
2 | authorization to practice interpreting in another state or | ||||||
3 | jurisdiction or current surrender by the licensee of | ||||||
4 | membership in any deaf or hard of hearing interpreting | ||||||
5 | association or society while under disciplinary | ||||||
6 | investigation by any of those authorities or bodies for | ||||||
7 | acts or conduct similar to acts or conduct that would | ||||||
8 | constitute grounds for action as provided by this Section. | ||||||
9 | (24) Physical illness or injury including, but not | ||||||
10 | limited to, deterioration through the aging process or loss | ||||||
11 | of motor skill, mental illness, or disability that results | ||||||
12 | in the inability to practice the profession with reasonable | ||||||
13 | judgment, skill, or safety. | ||||||
14 | (b) The determination by a circuit court that a licensee is | ||||||
15 | subject to involuntary admission or judicial admission as | ||||||
16 | provided in the Mental Health and Developmental Disabilities | ||||||
17 | Code, as amended, operates as an automatic suspension. The | ||||||
18 | suspension will end only (i) upon a finding by a court that the | ||||||
19 | patient is no longer subject to involuntary admission or | ||||||
20 | judicial admission and issues an order so finding and | ||||||
21 | discharging the patient and (ii) upon the recommendation of the | ||||||
22 | Board to the Director that the licensee be allowed to resume | ||||||
23 | his or her practice. | ||||||
24 | (c) The Commission may refuse to issue or may suspend the | ||||||
25 | license of any person who fails to file a return, to pay the | ||||||
26 | tax, penalty, or interest shown in a filed return, or to pay |
| |||||||
| |||||||
1 | any final assessment of the tax, penalty, or interest as | ||||||
2 | required by any tax Act administered by the Illinois Department | ||||||
3 | of Revenue, until such time as the requirements of any such tax | ||||||
4 | Act are satisfied. | ||||||
5 | (d) In enforcing this Section, the Commission, upon a | ||||||
6 | showing of a possible violation, may compel an individual | ||||||
7 | licensed under this Act, or who has applied for licensure under | ||||||
8 | this Act, to submit to a mental or physical examination, or | ||||||
9 | both, as required by and at the expense of the Commission. The | ||||||
10 | Commission may order the examining physician to present | ||||||
11 | testimony concerning the mental or physical examination of the | ||||||
12 | licensee or applicant. No information shall be excluded by | ||||||
13 | reason of any common law or statutory privilege relating to | ||||||
14 | communications between the licensee or applicant and the | ||||||
15 | examining physician. The Commission shall specifically | ||||||
16 | designate the examining physicians. The individual to be | ||||||
17 | examined may have, at his or her own expense, another physician | ||||||
18 | of his or her choice present during all aspects of this | ||||||
19 | examination. Failure of an individual to submit to a mental or | ||||||
20 | physical examination, when directed, shall be grounds for | ||||||
21 | suspension of his or her license until the individual submits | ||||||
22 | to the examination if the Commission finds, after notice and | ||||||
23 | hearing, that the refusal to submit to the examination was | ||||||
24 | without reasonable cause. | ||||||
25 | If the Commission finds an individual unable to practice | ||||||
26 | because of the reasons set forth in this subsection (d), the |
| |||||||
| |||||||
1 | Commission may require that individual to submit to care, | ||||||
2 | counseling, or treatment by physicians approved or designated | ||||||
3 | by the Commission as a condition, term, or restriction for | ||||||
4 | continued, reinstated, or renewed licensure to practice or, in | ||||||
5 | lieu of care, counseling, or treatment, the Commission may file | ||||||
6 | a complaint to immediately suspend, revoke, or otherwise | ||||||
7 | discipline the license of the individual. An individual whose | ||||||
8 | license was granted, continued, reinstated, renewed, | ||||||
9 | disciplined, or supervised subject to such terms, conditions, | ||||||
10 | or restrictions and who fails to comply with such terms, | ||||||
11 | conditions, or restrictions, shall be referred to the Director | ||||||
12 | for a determination as to whether the individual shall have his | ||||||
13 | or her license suspended immediately, pending a hearing by the | ||||||
14 | Commission. | ||||||
15 | In instances in which the Director immediately suspends a | ||||||
16 | person's license under this subsection (d), a hearing on that | ||||||
17 | person's license must be convened by the Commission within 15 | ||||||
18 | days after the suspension and completed without appreciable | ||||||
19 | delay. The Commission shall have the authority to review the | ||||||
20 | subject individual's record of treatment and counseling | ||||||
21 | regarding the impairment to the extent permitted by applicable | ||||||
22 | State and federal statutes and regulations safeguarding the | ||||||
23 | confidentiality of medical records. | ||||||
24 | An individual licensed under this Act and affected under | ||||||
25 | this subsection (d) shall be afforded an opportunity to | ||||||
26 | demonstrate to the Commission that he or she can resume |
| |||||||
| |||||||
1 | practice in compliance with acceptable and prevailing | ||||||
2 | standards under the provisions of his or her license. | ||||||
3 | Section 115. Violations; injunction; cease and desist | ||||||
4 | order. | ||||||
5 | (a) If any person violates the provisions of this Act, the | ||||||
6 | Director may, in the name of the People of the State of | ||||||
7 | Illinois, through the Attorney General, petition for an order | ||||||
8 | enjoining the violation or for an order enforcing compliance | ||||||
9 | with this Act. Upon the filing of a verified petition, the | ||||||
10 | court with appropriate jurisdiction may issue a temporary | ||||||
11 | restraining order without notice or bond, and may preliminarily | ||||||
12 | and permanently enjoin the violation. If it is established that | ||||||
13 | the person has violated or is violating the injunction, the | ||||||
14 | court may punish the offender for contempt of court. | ||||||
15 | Proceedings under this Section are in addition to all other | ||||||
16 | remedies and penalties provided by this Act. | ||||||
17 | (b) If any person holds himself or herself out as being a | ||||||
18 | licensed interpreter for the deaf under this Act and is not | ||||||
19 | licensed to do so, then any licensed interpreter for the deaf, | ||||||
20 | interested party, or any person injured thereby may petition | ||||||
21 | for relief as provided in subsection (a) of this Section. | ||||||
22 | (c) Whenever, in the opinion of the Commission, a person | ||||||
23 | violates any provision of this Act, the Commission may issue an | ||||||
24 | order to show cause why an order to cease and desist should not | ||||||
25 | be entered against that person. The order shall clearly set |
| |||||||
| |||||||
1 | forth the grounds relied upon by the Commission and shall allow | ||||||
2 | at least 7 days from the date of the order to file an answer | ||||||
3 | satisfactory to the Commission. Failure to answer to the | ||||||
4 | satisfaction of the Commission shall cause an order to cease | ||||||
5 | and desist to be issued. | ||||||
6 | Section 120. Investigations; notice and hearing. The | ||||||
7 | Commission may investigate the actions of any applicant or any | ||||||
8 | person holding or claiming to hold a license under this Act. | ||||||
9 | The Commission shall, before revoking, suspending, placing on | ||||||
10 | probation, reprimanding, or taking any other disciplinary | ||||||
11 | action under Section 110 of this Act, at least 30 days prior to | ||||||
12 | the date set for the hearing, (i) notify the accused, in | ||||||
13 | writing, of any charges made and the time and place for the | ||||||
14 | hearing, (ii) direct him or her to file a written answer to the | ||||||
15 | charges with the Commission under oath within 20 days after the | ||||||
16 | service on him or her of the notice, and (iii) inform the | ||||||
17 | accused that, if he or she fails to answer, default will be | ||||||
18 | taken against him or her or that his or her license may be | ||||||
19 | suspended, revoked, placed on probationary status, or other | ||||||
20 | disciplinary action taken with regard to the license, including | ||||||
21 | limiting the scope, nature, or extent of his or her practice, | ||||||
22 | as the Commission may deem proper. In case the person, after | ||||||
23 | receiving notice, fails to file an answer, his or her license | ||||||
24 | may, in the discretion of the Commission, be suspended, | ||||||
25 | revoked, placed on probationary status, or the Commission may |
| |||||||
| |||||||
1 | take whatever disciplinary action deemed proper, including | ||||||
2 | limiting the scope, nature, or extent of the person's practice | ||||||
3 | or the imposition of a fine, without a hearing, if the act or | ||||||
4 | acts charged constitute sufficient grounds for such action | ||||||
5 | under this Act. At the time and place fixed in the notice, the | ||||||
6 | Director shall proceed to hear the charges and the parties or | ||||||
7 | their counsel shall be accorded ample opportunity to represent | ||||||
8 | such statements, testimony, evidence, and argument as may be | ||||||
9 | pertinent to the charges or to their defense. The Director may | ||||||
10 | continue the hearing from time to time. | ||||||
11 | Section 125. Disposition by consent order. Disposition may | ||||||
12 | be made of any charge by consent order between the Commission | ||||||
13 | and the licensee. The Board shall be apprised of the consent | ||||||
14 | order at its next meeting. | ||||||
15 | Section 130. Record of proceedings; transcript. The | ||||||
16 | Commission, at its expense, shall preserve a record of all | ||||||
17 | proceedings at any formal hearing of any case. The notice of | ||||||
18 | hearing, complaint, and all other documents in the nature of | ||||||
19 | pleadings and written motions filed in the proceedings, the | ||||||
20 | transcript of testimony, the report of the Board, the report of | ||||||
21 | the hearing officer, and the orders of the Commission shall be | ||||||
22 | the record of the proceedings. | ||||||
23 | Section 135. Subpoenas; depositions; oaths. The Commission |
| |||||||
| |||||||
1 | shall have power to subpoena and bring before it any person and | ||||||
2 | to take testimony either orally or by deposition, or both, with | ||||||
3 | the same fees and mileage and in the same manner as prescribed | ||||||
4 | by law in judicial proceedings in civil cases in courts in this | ||||||
5 | State. The Director, the designated hearing officer, and any | ||||||
6 | member of the Board shall each have power to administer oaths | ||||||
7 | to witnesses at any hearings which the Commission is authorized | ||||||
8 | to conduct and any other oaths authorized in the Act. | ||||||
9 | Section 140. Compelling testimony. Any circuit court, upon | ||||||
10 | the application of the Commission, designated hearing officer, | ||||||
11 | applicant, or licensee against whom proceedings under Section | ||||||
12 | 110 of the Act are pending, may enter an order requiring the | ||||||
13 | attendance of witnesses and their testimony and the production | ||||||
14 | of documents, papers, files, books, and records in connection | ||||||
15 | with any hearing or investigation. The court may compel | ||||||
16 | obedience to its order by proceedings for contempt. | ||||||
17 | Section 145. Findings and recommendations. At the | ||||||
18 | conclusion of the hearing, the Board shall present to the | ||||||
19 | Director a written report of its findings of fact, conclusions | ||||||
20 | of law, and recommendations. The report shall contain a finding | ||||||
21 | of whether the licensee violated this Act or failed to comply | ||||||
22 | with the conditions required in this Act. The Board shall | ||||||
23 | specify the nature of the violation or failure to comply, and | ||||||
24 | shall make its recommendations to the Director. The report of |
| |||||||
| |||||||
1 | findings of fact, conclusions of law, and recommendation of the | ||||||
2 | Board shall be the basis for the Commission's order for refusal | ||||||
3 | or for the granting of the license. If the Director disagrees | ||||||
4 | with the recommendations of the Board, the Director may issue | ||||||
5 | an order in contravention of the Board recommendations. The | ||||||
6 | Director shall provide a written report to the Board on any | ||||||
7 | disagreement and shall specify the reasons for the action in | ||||||
8 | the final order. The finding is not admissible in evidence | ||||||
9 | against the person in a criminal prosecution brought for the | ||||||
10 | violation of this Act, but the hearing and findings is not a | ||||||
11 | bar to a criminal prosecution brought for the violation of this | ||||||
12 | Act. | ||||||
13 | Section 150. Appointment of hearing officer. The Director | ||||||
14 | shall have the authority to appoint any attorney duly licensed | ||||||
15 | to practice law in the State of Illinois to serve as the | ||||||
16 | hearing officer in any action for discipline of a license. The | ||||||
17 | hearing officer shall have full authority to conduct the | ||||||
18 | hearing. The hearing officer shall report his or her findings | ||||||
19 | of fact, conclusions of law, and recommendations to the Board | ||||||
20 | and the Director. The Board shall have 60 days after receipt of | ||||||
21 | the report to review the report of the hearing officer and to | ||||||
22 | present its findings of fact, conclusions of law and | ||||||
23 | recommendations to the Director. If the Board fails to present | ||||||
24 | its report within the 60-day period, the Director may issue an | ||||||
25 | order based on the report of the hearing officer. |
| |||||||
| |||||||
1 | Section 155. Board; rehearing. At the conclusion of the | ||||||
2 | hearing, a copy of the Board's report shall be served upon the | ||||||
3 | applicant or licensee by the Commission, either personally or | ||||||
4 | as provided in this Act for the service of the notice of | ||||||
5 | hearing. Within 20 days after such service, the applicant or | ||||||
6 | licensee may present to the Commission a motion in writing for | ||||||
7 | a rehearing, which shall specify the particular grounds for | ||||||
8 | rehearing. If no motion for a rehearing is filed, then upon the | ||||||
9 | expiration of the time specified for filing such a motion, or | ||||||
10 | if a motion for rehearing is denied, then upon such denial, the | ||||||
11 | Director may enter an order in accordance with recommendations | ||||||
12 | of the Board, except as provided in Section 170 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 a motion may be filed shall | ||||||
16 | commence upon the delivery of the transcript to the applicant | ||||||
17 | or licensee. | ||||||
18 | Section 160. Director; rehearing. Whenever the Director | ||||||
19 | believes justice has not been done in the revocation, | ||||||
20 | suspension, or refusal to issue or renew a license or the | ||||||
21 | discipline of a licensee, he or she may order a rehearing. | ||||||
22 | Section 165. Order or certified copy; prima facie proof. An | ||||||
23 | order of revocation, suspension, placing the license on |
| |||||||
| |||||||
1 | probationary status, or other formal disciplinary action as the | ||||||
2 | Commission may deem proper, or a certified copy thereof, over | ||||||
3 | the seal of the Commission and purporting to be signed by the | ||||||
4 | Director, is prima facie proof that: | ||||||
5 | (1) the signature is the genuine signature of the | ||||||
6 | Director; | ||||||
7 | (2) the Director is duly appointed and qualified; and | ||||||
8 | (3) the Board and the members thereof are qualified to | ||||||
9 | act. | ||||||
10 | Section 170. Restoration of suspended or revoked license. | ||||||
11 | At any time after the suspension or revocation of any license, | ||||||
12 | the Commission may restore it to the licensee upon the written | ||||||
13 | recommendation of the Board, unless after an investigation and | ||||||
14 | hearing the Board determines that restoration is not in the | ||||||
15 | public interest. | ||||||
16 | Section 175. Surrender of license. Upon the revocation or | ||||||
17 | suspension of a license, the licensee shall immediately | ||||||
18 | surrender his or her license to the Commission. If the licensee | ||||||
19 | fails to do so, the Commission has the right to seize the | ||||||
20 | license. | ||||||
21 | Section 180. Summary suspension of license. The Director | ||||||
22 | may summarily suspend the license of an interpreter for the | ||||||
23 | deaf without a hearing, simultaneously with the institution of |
| |||||||
| |||||||
1 | proceedings for a hearing provided for in Section 110 of this | ||||||
2 | Act, if the Director finds that evidence in the possession of | ||||||
3 | the Director indicates that the continuation of practice by the | ||||||
4 | interpreter for the deaf would constitute an imminent danger to | ||||||
5 | the public. In the event that the Director summarily suspends | ||||||
6 | the license of an individual without a hearing, a hearing must | ||||||
7 | be held within 30 days after the suspension has occurred. | ||||||
8 | Section 185. Administrative review; venue. | ||||||
9 | (a) All final administrative decisions of the Commission | ||||||
10 | are subject to judicial review pursuant to the Administrative | ||||||
11 | Review Law and its rules. The term "administrative decision" is | ||||||
12 | defined as in Section 3-101 of the Code of Civil Procedure. | ||||||
13 | (b) Proceedings for judicial review shall be commenced in | ||||||
14 | the circuit court of the county in which the party applying for | ||||||
15 | review resides, but if the party is not a resident of Illinois, | ||||||
16 | the venue shall be in Sangamon County. | ||||||
17 | Section 190. Certification of record; costs. The | ||||||
18 | Commission shall not be required to certify any record to the | ||||||
19 | court, to file an answer in court, or to otherwise appear in | ||||||
20 | any court in a judicial review proceeding, unless there is | ||||||
21 | filed in the court, with the complaint, a receipt from the | ||||||
22 | Commission acknowledging payment of the costs of furnishing and | ||||||
23 | certifying the record. Failure on the part of the plaintiff to | ||||||
24 | file the receipt in court is grounds for dismissal of the |
| |||||||
| |||||||
1 | action. | ||||||
2 | Section 195. Offenses and punishment. Unless otherwise | ||||||
3 | specified, any person found to have violated any provision of | ||||||
4 | this Act is guilty of a Class A misdemeanor.
| ||||||
5 | Section 200. Administrative Procedure Act. The Illinois | ||||||
6 | Administrative Procedure Act is hereby expressly adopted and | ||||||
7 | incorporated in this Act as if all of the provisions of such | ||||||
8 | Act were included in this Act. | ||||||
9 | Section 205. Home rule. The regulation and licensing of the | ||||||
10 | practice of interpreting are exclusive powers and functions of | ||||||
11 | the State. A home rule unit may not regulate or license | ||||||
12 | interpreters for the deaf. This Section is a denial and | ||||||
13 | limitation of home rule powers and functions under subsection | ||||||
14 | (h) of Section 6 of Article VII of the Illinois Constitution. | ||||||
15 | Section 210. Savings provision. | ||||||
16 | (a) This Act is intended to replace the Interpreters for | ||||||
17 | the Deaf Act in all respects. | ||||||
18 | (b) Beginning on January 1, 2009, the rights, powers, and | ||||||
19 | duties exercised by the Deaf and Hard of Hearing Commission | ||||||
20 | under the Interpreters for the Deaf Act shall continue to be | ||||||
21 | vested in, be the obligation of, and shall be exercised by the | ||||||
22 | Deaf and Hard of Hearing Commission under the provisions of |
| |||||||
| |||||||
1 | this Act. | ||||||
2 | (c) This Act does not affect any act done, ratified, or | ||||||
3 | cancelled, or any right occurring or established, or any action | ||||||
4 | or proceeding had or commenced in an administrative, civil, or | ||||||
5 | criminal cause before the effective date of this Act, by the | ||||||
6 | Deaf and Hard of Hearing Commission under the Interpreters for | ||||||
7 | the Deaf Act, and those actions or proceedings may be | ||||||
8 | prosecuted and continued by the Deaf and Hard of Hearing | ||||||
9 | Commission under this Act. | ||||||
10 | (d) The rules adopted by the Deaf and Hard of Hearing | ||||||
11 | Commission relating to the Interpreters for the Deaf Act, | ||||||
12 | unless inconsistent with the provisions of this Act, are not | ||||||
13 | affected by this Act, and on the effective date of this Act, | ||||||
14 | those rules become the rules under this Act. The Deaf and Hard | ||||||
15 | of Hearing Commission shall, as soon as practicable, adopt new | ||||||
16 | or amended rules consistent with the provisions of this Act. | ||||||
17 | Section 900. Severability. The provisions of this Act are | ||||||
18 | severable under Section 1.31 of the Statute on Statutes.
| ||||||
19 | Section 905. The Regulatory Sunset Act is amended by adding | ||||||
20 | Sections 4.19b and 4.28 as follows: | ||||||
21 | (5 ILCS 80/4.19b new)
| ||||||
22 | Sec. 4.19b. Act repealed on January 1, 2009. The following | ||||||
23 | Act is repealed on January 1, 2009: |
| |||||||
| |||||||
1 | The Interpreters for the Deaf Act. | ||||||
2 | (5 ILCS 80/4.28 new) | ||||||
3 | Sec. 4.28. Act repealed on January 1, 2018. The following | ||||||
4 | Act is repealed on January 1, 2018: | ||||||
5 | The Interpreter for the Deaf Licensure Act of 2007.
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6 | Section 910. The State Finance Act is amended by adding | ||||||
7 | Section 5.675 as follows: | ||||||
8 | (30 ILCS 105/5.675 new) | ||||||
9 | Sec. 5.675. The Interpreters for the Deaf Fund. | ||||||
10 | Section 915. The Code of Civil Procedure is amended by | ||||||
11 | changing Section 8-911 and by adding Section 8-912 as follows:
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12 | (735 ILCS 5/8-911) (from Ch. 110, par. 8-911)
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13 | Sec. 8-911. Language interpreter's
Interpreter's
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14 | privilege.
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15 | (a) A "language interpreter"
An "interpreter" is a person | ||||||
16 | who aids a communication when at least
one party to the | ||||||
17 | communication has a hearing or speaking impairment or a
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18 | language difficulty.
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19 | (b) If a communication is otherwise privileged, that | ||||||
20 | underlying
privilege is not waived because of the presence of | ||||||
21 | the language interpreter.
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1 | (c) The language interpreter shall not disclose the | ||||||
2 | communication without the
express consent of the person who has | ||||||
3 | the right to claim the underlying
privilege.
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4 | (Source: P.A. 87-409.)
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5 | (735 ILCS 5/8-912 new)
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6 | Sec. 8-912. Interpreter for the deaf and hard of hearing's | ||||||
7 | privilege.
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8 | (a) An "interpreter for the deaf and hard of hearing" is a | ||||||
9 | person who aids a communication when at least one party to the | ||||||
10 | communication has a hearing loss.
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11 | (b) An interpreter for the deaf and hard of hearing who | ||||||
12 | interprets a conversation between a hearing person and a deaf | ||||||
13 | person is deemed a conduit for the conversation and may not | ||||||
14 | disclose or be compelled to disclose by subpoena the contents | ||||||
15 | of the conversation that he or she facilitated without the | ||||||
16 | written consent of all persons involved who received his or her | ||||||
17 | professional services. | ||||||
18 | (c) All communications that are recognized by law as | ||||||
19 | privileged shall remain privileged even in cases where an | ||||||
20 | interpreter for the deaf and hard of hearing is utilized to | ||||||
21 | facilitate such communications. | ||||||
22 | (d) Communications may be voluntarily disclosed under the | ||||||
23 | following circumstances: | ||||||
24 | (1) the formal reporting, conferring, or consulting | ||||||
25 | with administrative superiors, colleagues, or consultants |
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1 | who share similar professional responsibility, in which | ||||||
2 | instance all recipients of such information are similarly | ||||||
3 | bound to regard the communication as privileged; | ||||||
4 | (2) a person waives the privilege by bringing any | ||||||
5 | public charges against an interpreter for the deaf and hard | ||||||
6 | of hearing, including a person licensed under the | ||||||
7 | Interpreter for the Deaf Licensure Act of 2007; and | ||||||
8 | (3) a communication reveals the intended commission of | ||||||
9 | a crime or harmful act and such disclosure is judged | ||||||
10 | necessary by the interpreter for the deaf and hard of | ||||||
11 | hearing to protect any person from a clear, imminent risk | ||||||
12 | of serious mental or physical harm or injury or to | ||||||
13 | forestall a serious threat to public safety. | ||||||
14 | (e) Nothing in this Section shall be construed to prohibit | ||||||
15 | a person licensed under the Interpreter for the Deaf Licensure | ||||||
16 | Act of 2007 from voluntarily testifying in court hearings | ||||||
17 | concerning matters of adoption, child abuse, child neglect, or | ||||||
18 | other matters pertaining to children, except as provided under | ||||||
19 | the Abused and Neglected Child Reporting Act.
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20 | Section 920. The Good Samaritan Act is amended by adding | ||||||
21 | Section 63 as follows: | ||||||
22 | (745 ILCS 49/63 new)
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23 | Sec. 63. Sign language interpreters; exemption from civil | ||||||
24 | liability for emergency assistance. Any person who in good |
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1 | faith and without compensation provides sign language | ||||||
2 | interpreting services to a person in an emergency shall not be | ||||||
3 | liable for civil damages as a result of his or her acts or | ||||||
4 | omissions, except for willful or wanton misconduct on the part | ||||||
5 | of the person in providing the services.
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6 | Section 999. Effective date. This Act takes effect July 1, | ||||||
7 | 2007.
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