Full Text of SB0259 95th General Assembly
SB0259enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| 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 by permitting only qualified persons to practice the | 13 |
| profession in the State of Illinois. | 14 |
| The purpose of this Act is to protect and benefit the | 15 |
| public by setting standards of qualifications, education, | 16 |
| training, and experience for those who seek to engage in the | 17 |
| practice of interpreting, to promote high standards of | 18 |
| professional performance for those licensed as interpreters | 19 |
| for the deaf, and to protect deaf and hard of hearing consumers | 20 |
| from unprofessional conduct by persons licensed to practice. | 21 |
| Section 7. Applicability of Act. Nothing contained in this | 22 |
| Act shall be construed to limit the means in which effective |
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| communication is achieved under the federal Americans with | 2 |
| Disabilities Act (ADA). | 3 |
| This Act requires that when effective communication under | 4 |
| the ADA is achieved through a sign language interpreter, the | 5 |
| sign language interpreter must be licensed under this Act, | 6 |
| unless covered by an exemption. | 7 |
| Nothing in this Act shall be construed to prohibit the use | 8 |
| of technology or other forms of effective communication when | 9 |
| accepted by the consumer. | 10 |
| Section 10. Definitions. The following words and phrases | 11 |
| have the meaning ascribed to them in this Section, unless the | 12 |
| context clearly indicates otherwise: | 13 |
| "Accepted certificate" means a certificate required for | 14 |
| licensure that is issued by the Commission, National | 15 |
| Association for the Deaf, Registry of Interpreters for the | 16 |
| Deaf, Testing Evaluation and Certification Unit Inc. | 17 |
| (TECUnit), or any other certifying entities authorized by rule. | 18 |
| "American Sign Language (ASL)" means a visual-gestural | 19 |
| language that is recognized and accepted as linguistically | 20 |
| independent from English language and has its own syntax, | 21 |
| rhetoric, and grammar that is recognized, accepted, and used by | 22 |
| many deaf Americans.
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| "Board" means the Illinois Board of Interpreters for the | 24 |
| Deaf as established within the Illinois Deaf and Hard of | 25 |
| Hearing Commission. |
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| "Commission" means the Illinois Deaf and Hard of Hearing | 2 |
| Commission. | 3 |
| "Consumer" means any individual with or without a hearing | 4 |
| loss who is the recipient of interpreter services. | 5 |
| "Cued speech" means a phonetically based hand supplement to | 6 |
| speech reading that is independent of all sign language | 7 |
| modalities. It is a system of hand shapes that represents | 8 |
| groups of consonant sounds, combined with hand placements that | 9 |
| represent groups of vowel sounds, used with natural speech to | 10 |
| represent a visual model of spoken language. | 11 |
| "Deaf" means any person who, because of the severity of a | 12 |
| hearing loss, is not able to discriminate speech when spoken in | 13 |
| a normal conversational tone regardless of the use of | 14 |
| amplification devices and whose primary means of receiving | 15 |
| spoken communication is through visual input, including but not | 16 |
| limited to, American Sign Language, speech reading, sign | 17 |
| systems, tactile sign, fingerspelling, reading, or writing. | 18 |
| "Department" means the Illinois Department of Financial | 19 |
| and Professional Regulation. | 20 |
| "Director" means the Director of the Illinois Deaf and Hard | 21 |
| of Hearing Commission. | 22 |
| "Educational interpreter" means any person, including | 23 |
| those with a hearing loss, who provides deaf or hard of hearing | 24 |
| interpreting services in all educational environments under | 25 |
| the regulatory authority of the State Board of Education. | 26 |
| "Hard of hearing" means any person who, because of a |
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| hearing loss, finds hearing difficult, but does not preclude | 2 |
| the understanding of spoken communication through the ear | 3 |
| alone, regardless of the use of amplification devices or | 4 |
| assistive devices, and whose primary means of receiving spoken | 5 |
| communication is through visual or auditory input, including, | 6 |
| but not limited to, assistive devices, speech reading, sign | 7 |
| language, fingerspelling, reading, or writing. | 8 |
| "Hearing" means any person who does not have a hearing | 9 |
| loss. | 10 |
| "Interpreter for the deaf" means any person who offers to | 11 |
| render deaf or hard of hearing interpreting services implying | 12 |
| that he or she is trained and experienced in interpreting for | 13 |
| the deaf and holds a license to practice interpreting for the | 14 |
| deaf in this State. | 15 |
| "Interpreting" means the interpreting or transliterating | 16 |
| of English language concepts to any communication modes of the | 17 |
| deaf or hard of hearing consumer or the interpreting or | 18 |
| transliterating of the communication modes of the deaf and hard | 19 |
| of hearing consumers to English language concepts. | 20 |
| Communication modes include, but are not limited to, American | 21 |
| Sign Language, cued speech, oral, tactile sign, and persons | 22 |
| with language deficient skills. | 23 |
| "Language deficient" means modes of communication used by | 24 |
| deaf individuals who lack crucial language components, | 25 |
| including, but not limited to, vocabulary, language concepts, | 26 |
| expressive skills, language skills, and receptive skills. |
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| "License" or "licensure" means the authorization to | 2 |
| practice interpreting by the Commission under the provisions of | 3 |
| this Act. | 4 |
| "Oral" means the mode of communication having | 5 |
| characteristics of speech, speech reading, and residual | 6 |
| hearing as a primary means of communication using situational | 7 |
| and culturally appropriate gestures, without the use of sign | 8 |
| language. | 9 |
| "Practice of interpreting" means rendering or offering to | 10 |
| render or supervise those who render to individuals, couples, | 11 |
| groups, organizations, institutions, corporations, schools, | 12 |
| government agencies, or the general public any interpreting | 13 |
| service involving the interpreting of any mode of communication | 14 |
| used by a deaf or hard of hearing consumer to English language | 15 |
| concepts or of an English language consumer to a mode of | 16 |
| communication used by a deaf or hard of hearing consumer. | 17 |
| "Secretary" means the Secretary of Financial and | 18 |
| Professional Regulation. | 19 |
| "Tactile sign" means mode of communication, used by deaf | 20 |
| and blind individuals, using any one or a combination of | 21 |
| tactile sign or constricted space signing. | 22 |
| "Transliterating" means the process of conveying a message | 23 |
| from either spoken language into a manually coded language or | 24 |
| from a manually coded language into a spoken language. | 25 |
| Section 15. Licensure requirement. |
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| (a) On or after January 1, 2009, no person shall practice | 2 |
| as an interpreter for the deaf, hold himself or herself out as | 3 |
| a licensed interpreter for the deaf, or use the title "Licensed | 4 |
| Interpreter for the Deaf", "Licensed Transliterator for the | 5 |
| Deaf", or any other title or abbreviation to indicate that the | 6 |
| person is a licensed interpreter, unless he or she is licensed | 7 |
| in accordance with the provisions of this Act.
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| (b) On or before January 1, 2011, a person who, as of July | 9 |
| 1, 2007, maintained valid and unencumbered registration under | 10 |
| the Interpreters for the Deaf Act, may be issued a license as | 11 |
| an interpreter for the deaf upon filing an application and | 12 |
| paying the required fees. A person licensed under this | 13 |
| subsection (b) must meet all applicable licensure requirements | 14 |
| of this Act on or before January 1, 2011. | 15 |
| Section 20. Unlicensed practice; violation; civil penalty. | 16 |
| (a) On or after January 1, 2009, any person who practices, | 17 |
| offers to practice, attempts to practice, or holds himself or | 18 |
| herself out to practice as an interpreter for the deaf without | 19 |
| being licensed or exempt under this Act shall, in addition to | 20 |
| any other penalty provided by law, pay a civil penalty to the | 21 |
| Commission in an amount not to exceed $2,500 for each offense | 22 |
| as determined by the Commission. The civil penalty shall be | 23 |
| assessed by the Department after a hearing is held in | 24 |
| accordance with the provisions set forth in this Act regarding | 25 |
| the provision of a hearing for the discipline of a licensee and |
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| shall be deposited in the Interpreters for the Deaf Fund. | 2 |
| (b) The Commission has the authority and power to | 3 |
| investigate any and all actual, alleged, or suspected | 4 |
| unlicensed activity. | 5 |
| (c) The civil penalty shall be paid within 60 days after | 6 |
| the effective date of the order imposing the civil penalty. The | 7 |
| order shall constitute a judgment and may be filed and executed | 8 |
| in the same manner as any judgment from any court of record. | 9 |
| Section 25. Exemptions. The following do not constitute | 10 |
| violations of this Act: | 11 |
| (1) Persons interpreting in religious activities. | 12 |
| (2) Notwithstanding other State or federal laws or | 13 |
| rules regarding emergency treatment, persons interpreting | 14 |
| in an emergency situation involving health care services in | 15 |
| which the consumer and a health care provider or | 16 |
| professional agree that the delay necessary to obtain a | 17 |
| licensed interpreter is likely to cause injury or loss to | 18 |
| the consumer, until such time as the services of a licensed | 19 |
| interpreter can be obtained, where there is continued need | 20 |
| for an interpreter. | 21 |
| (3) Persons currently enrolled in a course of study | 22 |
| leading to a certificate or degree in interpreting, | 23 |
| provided that such persons engage only in activities and | 24 |
| services that constitute a part of a supervised course of | 25 |
| study and clearly designate themselves as student, |
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| trainee, or intern. | 2 |
| (4) Persons working as an educational interpreter in | 3 |
| compliance with the rules established by the State Board of | 4 |
| Education. | 5 |
| (5) Persons interpreting at the request of a deaf or | 6 |
| hard of hearing individual, provided that the person | 7 |
| providing the service informs the deaf or hard of hearing | 8 |
| individual that he or she is not licensed under this Act. | 9 |
| (6) Persons who do not reside in Illinois and hold | 10 |
| either an accepted certificate or an interpreting license | 11 |
| from another state and who either: | 12 |
| (A) engage in interpreting in this State for a | 13 |
| period of time not to exceed 14 days in a calendar | 14 |
| year; services provided during declared State or | 15 |
| national emergencies shall not count towards the | 16 |
| limitation set forth in this subparagraph (A); or | 17 |
| (B) engage in interpreting by teleconference, | 18 |
| video conference, or other use of technological means | 19 |
| of communication. | 20 |
| (7) Instances in which sign language interpreters for | 21 |
| the deaf are necessary for effective communication for the | 22 |
| provision of services to the consumer and in which | 23 |
| teleconference, video conference, or other use of | 24 |
| technological means of communication or an interpreter are | 25 |
| unavailable. |
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| Section 30. Application for licensure. | 2 |
| (a) An application for licensure as an interpreter for the | 3 |
| deaf shall be made to the Commission on forms prescribed by the | 4 |
| Commission and accompanied by the appropriate documentation | 5 |
| and the required nonrefundable fee. All applications shall | 6 |
| contain information that, in the judgment of the Commission, | 7 |
| shall enable the Commission to determine an applicant's | 8 |
| qualifications. | 9 |
| (b) Applicants have one year from the date the application | 10 |
| is initially submitted to the Commission to complete the | 11 |
| application process. If the process has not been completed in | 12 |
| the one-year period, the application shall be denied and the | 13 |
| fee forfeited and the applicant must reapply and meet the | 14 |
| requirements in effect at the time of reapplication. | 15 |
| (c) A license shall not be denied to an applicant because | 16 |
| of the applicant's race, religion, creed, national origin, | 17 |
| political beliefs or activities, age, sex, sexual orientation, | 18 |
| or disability. | 19 |
| Section 35. Examination and evaluation. | 20 |
| (a) The Commission, by rule, may establish a written | 21 |
| examination and performance evaluation of applicants for | 22 |
| licensure as interpreters for the deaf at such times and places | 23 |
| as it may determine. The written examination shall test | 24 |
| knowledge of interpreting and the performance evaluation shall | 25 |
| test the competence and skills of interpreting and |
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| transliterating. | 2 |
| (b) Applicants for examination or evaluation shall pay to | 3 |
| the Commission a fee covering the cost of providing the | 4 |
| examination or evaluation. Failure to appear for the | 5 |
| examination or evaluation on the scheduled date at the time and | 6 |
| place specified shall result in the forfeiture of the | 7 |
| examination or evaluation fee. | 8 |
| Section 40. Social Security number. In addition to any | 9 |
| other information required to be contained in the application, | 10 |
| every application for an original, renewal, or restored license | 11 |
| under this Act shall include the applicant's Social Security | 12 |
| number. | 13 |
| Section 45. Qualifications for licensure. A person shall be | 14 |
| qualified to be licensed as an interpreter for the deaf and the | 15 |
| Commission shall issue a license to an applicant who: | 16 |
| (1) has applied in writing on the prescribed forms and | 17 |
| paid the required fees; | 18 |
| (2) is of good moral character; in determining good | 19 |
| moral character, the Commission shall take into | 20 |
| consideration whether the applicant has engaged in conduct | 21 |
| or activities that would constitute grounds for discipline | 22 |
| under Section 115 of this Act; | 23 |
| (3) is an accepted certificate holder; | 24 |
| (4) has a high school diploma or equivalent; and |
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| (5) has met any other requirements established by the | 2 |
| Commission by rule. | 3 |
| Section 50. Powers and duties of the Commission. | 4 |
| (a) The Commission shall exercise the powers and duties | 5 |
| prescribed by the Civil Administrative Code of Illinois for the | 6 |
| administration of licensing Acts that are consistent with its | 7 |
| duties, as set forth in this Act. | 8 |
| (b) The Commission shall adopt rules consistent with its | 9 |
| duties, as set forth in this Act, for the administration and | 10 |
| enforcement of this Act, and for the payment of fees connected | 11 |
| therewith, and may prescribe forms, which shall be issued in | 12 |
| connection therewith. | 13 |
| (c) The Commission may seek the advice and the expert | 14 |
| knowledge of the Board on any matter relating to the | 15 |
| administration of this Act. | 16 |
| (d) Prior to January 1, 2009, the Commission shall conduct | 17 |
| statewide training to interpreters and deaf and hard of hearing | 18 |
| consumers regarding the rights and obligations affected by this | 19 |
| Act and shall continue to conduct statewide outreach, | 20 |
| education, and training annually thereafter. | 21 |
| (e) The Commission may develop, contract, purchase, or | 22 |
| authorize examination and evaluation materials necessary to | 23 |
| license interpreters for the deaf that are cost-effective and | 24 |
| accessible. | 25 |
| (f) Beginning on January 1, 2011 and concluding January 1, |
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| 2017, the Commission shall file a biannual report with the | 2 |
| General Assembly on the impact of the Act with data including, | 3 |
| but not limited to, the following: | 4 |
| (1) the number of licensed interpreters by level and | 5 |
| geographic location; | 6 |
| (2) the number of new applicants; | 7 |
| (3) the number of renewed licenses; and | 8 |
| (4) the number of formal training programs for sign | 9 |
| language interpreters for the deaf. | 10 |
| Section 55. Powers and duties of the Department. | 11 |
| (a) The Department shall exercise the powers and duties | 12 |
| prescribed by the Civil Administrative Code of Illinois for the | 13 |
| administration of licensing Acts that are consistent with its | 14 |
| duties, as set forth in this Act. | 15 |
| (b) The Department shall adopt rules consistent with its | 16 |
| duties, as set forth in this Act, for the enforcement and | 17 |
| disciplinary provisions of this Act. | 18 |
| (c) The Department may seek the advice and expert knowledge | 19 |
| of the Board and the Director on any matter related to the | 20 |
| administration of this Act. | 21 |
| (d) The Department shall conduct hearings on proceedings to | 22 |
| refuse to issue or renew or to revoke a license or to suspend, | 23 |
| place on probation, censure, or reprimand a person licensed | 24 |
| under this Act. | 25 |
| (e) The Department shall provide the Commission with the |
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| names and addresses of all persons whose licenses have been | 2 |
| suspended, revoked, or denied renewal for cause on a monthly | 3 |
| basis. | 4 |
| Section 60. Interpreter Coordinator. The Director may | 5 |
| employ, pursuant to the Personnel Code, an Interpreter | 6 |
| Coordinator and any other necessary staff. The Interpreter | 7 |
| Coordinator shall be a professional interpreter for the deaf | 8 |
| licensed in this State. The Interpreter Coordinator hired | 9 |
| initially must hold an accepted certification and must qualify | 10 |
| for and obtain licensure on or before July 1, 2009. All | 11 |
| Interpreter Coordinators hired thereafter must be licensed at | 12 |
| the time of hire. The Interpreter Coordinator shall perform | 13 |
| such administrative functions as may be delegated by the | 14 |
| Director. The Interpreter Coordinator must keep all personal | 15 |
| information obtained during the performance of his or her | 16 |
| duties confidential. | 17 |
| Section 65. Illinois Board of Interpreters. | 18 |
| (a) The Director shall appoint an Illinois Board of | 19 |
| Interpreters for the Deaf consisting of 7 voting members who | 20 |
| shall serve in an advisory capacity to the Commission and to | 21 |
| the Department. The Director shall consider recommendations by | 22 |
| consumer and professional groups related to the interpreting | 23 |
| profession and deaf and hard of hearing community. The Board | 24 |
| shall be composed of 4 licensed interpreters for the deaf, 3 |
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| deaf or hard of hearing consumers, and the Interpreter | 2 |
| Coordinator who shall serve as a non-voting member. | 3 |
| (b) The initial Board shall be appointed no later than | 4 |
| January 31, 2008. | 5 |
| (c) The Board shall meet no less than 2 times per year and | 6 |
| may hold additional meetings as required in the performance of | 7 |
| its duties. | 8 |
| (d) The members shall be appointed to serve 4-year terms | 9 |
| and shall serve until successors are appointed and qualified, | 10 |
| except that initial appointments shall be staggered with one | 11 |
| member appointed to serve for one year, 2 members appointed to | 12 |
| serve for 2 years, 2 members appointed to serve for 3 years, | 13 |
| and 2 members appointed to serve for 4 years. No member shall | 14 |
| be eligible to serve more than 2 consecutive terms. A vacancy | 15 |
| in the Board shall be filled by appointment by the Director for | 16 |
| the remainder of the unexpired term. Those interpreter members | 17 |
| appointed initially must qualify for and obtain licensure under | 18 |
| this Act on or before July 1, 2009. | 19 |
| (e) In making appointments, the Director shall attempt to | 20 |
| ensure that various ethnic and geographic regions of the State | 21 |
| are properly represented. | 22 |
| (f) The membership of the Board shall reflect the | 23 |
| differences in certification, experience, education, and | 24 |
| background and knowledge of interpreting for the deaf and | 25 |
| evaluation. | 26 |
| (g) The Director may terminate the appointment of any |
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| member for misconduct, inefficiency, incompetence, or neglect | 2 |
| of his or her official duties. | 3 |
| (h) The Board shall make recommendations to the Director in | 4 |
| establishing guidelines for policies and procedures under this | 5 |
| Act. Notice of proposed rulemaking shall be transmitted to the | 6 |
| Board and the Director shall review the response, with the | 7 |
| exception of the need for emergency rulemaking. | 8 |
| (i) The Director shall consider the recommendation of the | 9 |
| Board on all matters and questions relating to this Act. | 10 |
| (j) The Board shall annually elect from its membership a | 11 |
| chairperson, vice chairperson, and a secretary. | 12 |
| (k) Members of the Board shall be reimbursed for all | 13 |
| authorized legitimate and necessary expenses incurred in | 14 |
| attending the meetings of the Board. | 15 |
| (l) A majority of the Board members currently appointed | 16 |
| shall constitute a quorum. A vacancy in the membership of the | 17 |
| Board shall not impair the right of a quorum to perform all of | 18 |
| the duties of the Board. | 19 |
| (m) Except in cases of willful and wanton misconduct, | 20 |
| members shall be immune from suit in any action based upon any | 21 |
| disciplinary proceedings or other acts performed in good faith | 22 |
| as members of the Board. | 23 |
| Section 70. Privileged communications. Interpreters for | 24 |
| the deaf licensed under this Act shall be subject to the | 25 |
| provisions concerning privileged communications between |
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| interpreters for the deaf and hard of hearing and consumers set | 2 |
| forth in Section 8-912 of the Code of Civil Procedure. | 3 |
| Section 75. Provisional licensure. The Commission may, at | 4 |
| its discretion, issue a provisional license to an applicant who | 5 |
| has not met all of the requirements for full licensure under | 6 |
| this Act, but has met the requirements for provisional | 7 |
| licensure, as established by the Commission. | 8 |
| Provisional licenses must be renewed as set by rule and | 9 |
| shall not be renewed for a period exceeding 2 years. If, at the | 10 |
| end of 2 years, a provisional licensee still does not meet the | 11 |
| requirements for full licensure under this Act, he or she shall | 12 |
| be unable to practice interpreting under this Act until granted | 13 |
| a license by the Commission. | 14 |
| Section 80. Expiration, renewal, and restoration of | 15 |
| license. | 16 |
| (a) The expiration date and renewal period for each license | 17 |
| issued under this Act shall be determined by the Commission and | 18 |
| set by rule. Every holder of a license under this Act may renew | 19 |
| his or her license during the 60-day period preceding the | 20 |
| expiration date thereof upon payment of the required renewal | 21 |
| fees. | 22 |
| (b) Any person who has practiced in another jurisdiction | 23 |
| and has permitted his or her license to expire or had his or | 24 |
| her license placed on inactive status may have his or her |
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| license restored by making application to the Commission and | 2 |
| filing proof acceptable to the Commission, as defined by the | 3 |
| Commission by rule, of his or her fitness to have the license | 4 |
| restored, including evidence attesting to active practice in | 5 |
| another jurisdiction satisfactory to the Commission and by | 6 |
| paying the required restoration fee. | 7 |
| (c) If a person has not maintained an active practice in | 8 |
| another jurisdiction satisfactory to the Commission and has | 9 |
| permitted his or her license to expire or has had his or her | 10 |
| license placed on inactive status, the Commission shall | 11 |
| determine his or her fitness to resume active status and may | 12 |
| require satisfactory evaluation of his or her skills. | 13 |
| (d) Any person whose license expires while he or she is (i) | 14 |
| in federal service on active duty with the Armed Forces of the | 15 |
| United States, or the State Militia called into service or | 16 |
| training, or (ii) in training or education under the | 17 |
| supervision of the United States preliminary to induction into | 18 |
| the military service, may have his or her license renewed or | 19 |
| restored without paying any lapsed renewal fees, provided that | 20 |
| he or she furnishes the Commission with satisfactory evidence | 21 |
| to the effect that he or she has been so engaged. | 22 |
| (e) Any person whose license is expired or on inactive | 23 |
| status and who practices interpreting without being exempt | 24 |
| under this Act shall be considered to be practicing without a | 25 |
| license, which constitutes grounds for discipline under this | 26 |
| Act. |
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| Section 85. Inactive status. Any interpreter for the deaf | 2 |
| who notifies the Commission, on forms prescribed by the | 3 |
| Commission, may place his or her license on inactive status and | 4 |
| shall be exempt from payment of renewal fees until he or she | 5 |
| notifies the Commission, in writing, of the intention to | 6 |
| restore his or her license, pays the current renewal fee, and | 7 |
| demonstrates compliance with any requisite continuing | 8 |
| education. | 9 |
| Any interpreter for the deaf requesting restoration from | 10 |
| inactive status must pay the current renewal fee and restore | 11 |
| his or her license as provided in Section 80 of this Act. | 12 |
| Section 90. Continuing education. The Commission may adopt | 13 |
| rules of continuing education for persons licensed under this | 14 |
| Act. These rules shall be consistent with the requirements of | 15 |
| relevant professional associations and training programs and | 16 |
| address variances for illness or hardship. In establishing | 17 |
| these rules, the Commission may consider continuing education | 18 |
| requirements as a condition of membership in organizations in | 19 |
| order to assure that licensees are given the opportunity to | 20 |
| participate in those programs sponsored by or through the | 21 |
| professional associations or interpreter training programs | 22 |
| that are relevant to their practice. | 23 |
| The Commission shall establish by rule a means for | 24 |
| verifying the completion of the continuing education required |
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| by this Section. This verification may be accomplished through | 2 |
| audits of records maintained by licensees, the filing of | 3 |
| continuing education certificates with the Commission, or any | 4 |
| other means established by the Commission. | 5 |
| Section 95. Roster. The Commission shall maintain a list of | 6 |
| licensed interpreters for the deaf authorized to practice in | 7 |
| the State. The list shall show the name of every licensee, type | 8 |
| of certification, county, and a form of contact. This list | 9 |
| shall be posted for public review on the Internet website of | 10 |
| the Commission. | 11 |
| The Commission shall maintain rosters of the names of all | 12 |
| persons whose licenses have been suspended, revoked, or denied | 13 |
| renewal for cause, as provided by the Department within the | 14 |
| previous calendar year. This list shall be posted for review on | 15 |
| the Internet website of the Commission. | 16 |
| Section 100. Fees. The Commission may charge fees for the | 17 |
| administration and enforcement of this Act, including, but not | 18 |
| limited to, application, administration of an examination or | 19 |
| evaluation, licensure renewal and restoration, and provision | 20 |
| of duplicate licenses. The fees shall be in an amount | 21 |
| sufficient to cover the cost of the licensure program and set | 22 |
| by rule and shall be nonrefundable. | 23 |
| Section 105. Checks or order dishonored. Any person who |
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SB0259 Enrolled |
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LRB095 10694 RAS 30926 b |
|
| 1 |
| delivers a check or other payment to the Commission that is | 2 |
| returned to the Commission unpaid by the financial institution | 3 |
| upon which it is drawn shall pay to the Commission, in addition | 4 |
| to the amount already owed, a fine of $50. If the check or | 5 |
| other payment was for a renewal or issuance fee and that person | 6 |
| practices without paying the renewal fee or issuance fee and | 7 |
| the fine due, an additional fine of $100 shall be imposed. The | 8 |
| fines imposed by this Section are in addition to any other | 9 |
| discipline provided under this Act for unlicensed practice or | 10 |
| practice on a nonrenewed license. The Commission shall notify | 11 |
| the person that payment of fees and fines shall be paid to the | 12 |
| Commission by certified check or money order within 30 calendar | 13 |
| days after the notification. If, after the expiration of 30 | 14 |
| days after the date of the notification, the person has failed | 15 |
| to submit the necessary remittance, the Commission shall | 16 |
| automatically terminate the license or deny the application, | 17 |
| without hearing. If, after termination or denial, the person | 18 |
| seeks a license, he or she shall apply to the Commission for | 19 |
| restoration or issuance of the license and pay all fees and | 20 |
| fines due to the Commission. The Commission may establish a fee | 21 |
| for the processing of an application for restoration of a | 22 |
| license to pay all expenses of processing the application. The | 23 |
| Director may waive the fines due under this Section in | 24 |
| individual cases where the Commission finds that the fines | 25 |
| would be unreasonable or unnecessarily burdensome. |
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|
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SB0259 Enrolled |
- 21 - |
LRB095 10694 RAS 30926 b |
|
| 1 |
| Section 110. Interpreters for the Deaf Fund. The moneys | 2 |
| received as fees and fines by the Commission under this Act | 3 |
| shall be deposited in the Interpreters for the Deaf Fund, which | 4 |
| is hereby created as a special fund in the State treasury, and | 5 |
| shall be used only for the administration and enforcement of | 6 |
| this Act, including (i) for costs directly related to the | 7 |
| regulating of persons under this Act, (ii) by the Board and | 8 |
| Commission in the exercise of its powers and performance of its | 9 |
| duties, and (iii) for direct and allocable indirect cost | 10 |
| related to the public purposes of the Commission. All moneys | 11 |
| deposited in the Fund shall be appropriated to the Commission | 12 |
| for expenses of the Commission and the Board in the | 13 |
| administration and enforcement of this Act. Moneys in the Fund | 14 |
| may be invested and reinvested, with all earnings deposited in | 15 |
| the Fund and used for the purposes set forth in this Act. The | 16 |
| Fund shall comply with the Illinois State Auditing Act. | 17 |
| Section 115. Grounds for disciplinary action. | 18 |
| (a) The Commission may refuse to issue or renew any license | 19 |
| and the Department may suspend or revoke any license or may | 20 |
| place on probation, censure, reprimand, or take other | 21 |
| disciplinary action deemed appropriate by the Department, | 22 |
| including the imposition of fines not to exceed $2,500 for each | 23 |
| violation, with regard to any license issued under this Act for | 24 |
| any one or more of the following reasons: | 25 |
| (1) Material deception in furnishing information to |
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SB0259 Enrolled |
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LRB095 10694 RAS 30926 b |
|
| 1 |
| the Commission or the Department. | 2 |
| (2) Violations or negligent or intentional disregard | 3 |
| of any provision of this Act or its rules. | 4 |
| (3) Conviction of any crime under the laws of any | 5 |
| jurisdiction of the United States that is a felony or a | 6 |
| misdemeanor, an essential element of which is dishonesty, | 7 |
| or that is directly related to the practice of | 8 |
| interpreting. | 9 |
| (4) A pattern of practice or other behavior that | 10 |
| demonstrates incapacity or incompetence to practice under | 11 |
| this Act. | 12 |
| (5) Knowingly aiding or assisting another person in | 13 |
| violating any provision of this Act or rules adopted | 14 |
| thereunder. | 15 |
| (6) Failing, within 60 days, to provide a response to a | 16 |
| request for information in response to a written request | 17 |
| made by the Commission or the Department by certified mail. | 18 |
| (7) Engaging in dishonorable, unethical, or | 19 |
| unprofessional conduct of a character likely to deceive, | 20 |
| defraud, or harm the public. | 21 |
| (8) Habitual use of or addiction to alcohol, narcotics, | 22 |
| stimulants, or any other chemical agent or drug that | 23 |
| results in a licensee's inability to practice with | 24 |
| reasonable judgment, skill, or safety. | 25 |
| (9) Discipline by another jurisdiction or foreign | 26 |
| nation, if at least one of the grounds for the discipline |
|
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SB0259 Enrolled |
- 23 - |
LRB095 10694 RAS 30926 b |
|
| 1 |
| is the same or substantially equivalent to those set forth | 2 |
| in this Section. | 3 |
| (10) A finding that the licensee, after having his or | 4 |
| her license placed on probationary status, has violated the | 5 |
| terms of probation. | 6 |
| (11) Being named as a perpetrator in an indicated | 7 |
| report by the Department of Children and Family Services | 8 |
| under the Abused and Neglected Child Reporting Act and upon | 9 |
| proof by clear and convincing evidence that the licensee | 10 |
| has caused a child to be an abused child or a neglected | 11 |
| child, as defined in the Abused and Neglected Child | 12 |
| Reporting Act. | 13 |
| (12) Gross negligence in the practice of interpreting. | 14 |
| (13) Holding oneself out to be a practicing interpreter | 15 |
| for the deaf under any name other than one's own. | 16 |
| (14) Knowingly allowing another person or organization | 17 |
| to use the licensee's license to deceive the public. | 18 |
| (15) Attempting to subvert or cheat on an | 19 |
| interpreter-related examination or evaluation. | 20 |
| (16) Immoral conduct in the commission of an act, such | 21 |
| as sexual abuse, sexual misconduct, or sexual | 22 |
| exploitation, related to the licensee's practice. | 23 |
| (17) Willfully violating State or federal | 24 |
| confidentiality laws or the confidentiality between an | 25 |
| interpreter and client, except as required by State or | 26 |
| federal law. |
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|
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SB0259 Enrolled |
- 24 - |
LRB095 10694 RAS 30926 b |
|
| 1 |
| (18) Practicing or attempting to practice interpreting | 2 |
| under a name other than one's own. | 3 |
| (19) The use of any false, fraudulent, or deceptive | 4 |
| statement in any document connected with the licensee's | 5 |
| practice. | 6 |
| (20) Failure of a licensee to report to the Commission | 7 |
| any adverse final action taken against him or her by | 8 |
| another licensing jurisdiction, any peer review body, any | 9 |
| professional deaf or hard of hearing interpreting | 10 |
| association, any governmental Commission, by law | 11 |
| enforcement Commission, or any court for a deaf or hard of | 12 |
| hearing interpreting liability claim related to acts or | 13 |
| conduct similar to acts or conduct that would constitute | 14 |
| grounds for action as provided in this Section. | 15 |
| (21) Failure of a licensee to report to the Commission | 16 |
| surrender by the licensee of his or her license or | 17 |
| authorization to practice interpreting in another state or | 18 |
| jurisdiction or current surrender by the licensee of | 19 |
| membership in any deaf or hard of hearing interpreting | 20 |
| association or society while under disciplinary | 21 |
| investigation by any of those authorities or bodies for | 22 |
| acts or conduct similar to acts or conduct that would | 23 |
| constitute grounds for action as provided by this Section. | 24 |
| (22) Physical illness or injury including, but not | 25 |
| limited to, deterioration through the aging process or loss | 26 |
| of motor skill, mental illness, or disability that results |
|
|
|
SB0259 Enrolled |
- 25 - |
LRB095 10694 RAS 30926 b |
|
| 1 |
| in the inability to practice the profession with reasonable | 2 |
| judgment, skill, or safety. | 3 |
| (23) Gross and willful overcharging for interpreter | 4 |
| services, including filing false statements for collection | 5 |
| of fees for which services have not been rendered. | 6 |
| (b) The Commission may refuse to issue or the Department | 7 |
| may suspend the license of any person who fails to file a | 8 |
| return, to pay the tax, penalty, or interest shown in a filed | 9 |
| return, or to pay any final assessment of the tax, penalty, or | 10 |
| interest as required by any tax Act administered by the | 11 |
| Illinois Department of Revenue, until such time as the | 12 |
| requirements of any such tax Act are satisfied. | 13 |
| (c) In enforcing this Section, the Commission, upon a | 14 |
| showing of a possible violation, may compel an individual | 15 |
| licensed under this Act, or who has applied for licensure under | 16 |
| this Act, to submit to a mental or physical examination, or | 17 |
| both, as required by and at the expense of the Commission. The | 18 |
| Commission may order the examining physician to present | 19 |
| testimony concerning the mental or physical examination of the | 20 |
| licensee or applicant. No information shall be excluded by | 21 |
| reason of any common law or statutory privilege relating to | 22 |
| communications between the licensee or applicant and the | 23 |
| examining physician. The Commission shall specifically | 24 |
| designate the examining physicians. The individual to be | 25 |
| examined may have, at his or her own expense, another physician | 26 |
| of his or her choice present during all aspects of this |
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SB0259 Enrolled |
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LRB095 10694 RAS 30926 b |
|
| 1 |
| examination. Failure of an individual to submit to a mental or | 2 |
| physical examination, when directed, shall be grounds for | 3 |
| suspension of his or her license until the individual submits | 4 |
| to the examination if the Commission finds, after notice and | 5 |
| hearing, that the refusal to submit to the examination was | 6 |
| without reasonable cause. | 7 |
| If the Commission finds an individual unable to practice | 8 |
| because of the reasons set forth in this subsection (c), the | 9 |
| Commission may require that individual to submit to care, | 10 |
| counseling, or treatment by physicians approved or designated | 11 |
| by the Commission as a condition, term, or restriction for | 12 |
| continued, reinstated, or renewed licensure to practice or, in | 13 |
| lieu of care, counseling, or treatment, the Commission may file | 14 |
| a complaint to immediately suspend, revoke, or otherwise | 15 |
| discipline the license of the individual. An individual whose | 16 |
| license was granted, continued, reinstated, renewed, | 17 |
| disciplined, or supervised subject to such terms, conditions, | 18 |
| or restrictions and who fails to comply with such terms, | 19 |
| conditions, or restrictions, shall be referred to the Director | 20 |
| for a determination as to whether the individual shall have his | 21 |
| or her license suspended immediately, pending a hearing by the | 22 |
| Department. | 23 |
| In instances in which the Director immediately suspends a | 24 |
| person's license under this subsection (c), a hearing on that | 25 |
| person's license must be convened by the Department within 15 | 26 |
| days after the suspension and completed without appreciable |
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SB0259 Enrolled |
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LRB095 10694 RAS 30926 b |
|
| 1 |
| delay. The Commission or the Department shall have the | 2 |
| authority to review the subject individual's record of | 3 |
| treatment and counseling regarding the impairment to the extent | 4 |
| permitted by applicable State and federal statutes and | 5 |
| regulations safeguarding the confidentiality of medical | 6 |
| records. | 7 |
| An individual licensed under this Act and affected under | 8 |
| this subsection (c) shall be afforded an opportunity to | 9 |
| demonstrate to the Commission that he or she can resume | 10 |
| practice in compliance with acceptable and prevailing | 11 |
| standards under the provisions of his or her license. | 12 |
| Section 120. Violations; injunction; cease and desist | 13 |
| order. | 14 |
| (a) If any person violates the provisions of this Act, the | 15 |
| Attorney General may petition for an order enjoining the | 16 |
| violation or for an order enforcing compliance with this Act. | 17 |
| Upon the filing of a verified petition, the court with | 18 |
| appropriate jurisdiction may issue a temporary restraining | 19 |
| order without notice or bond, and may preliminarily and | 20 |
| permanently enjoin the violation. If it is established that the | 21 |
| person has violated or is violating the injunction, the court | 22 |
| may punish the offender for contempt of court. Proceedings | 23 |
| under this Section are in addition to all other remedies and | 24 |
| penalties provided by this Act. | 25 |
| (b) If any person holds himself or herself out as being a |
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SB0259 Enrolled |
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LRB095 10694 RAS 30926 b |
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| 1 |
| licensed interpreter for the deaf under this Act and is not | 2 |
| licensed to do so, then any licensed interpreter for the deaf, | 3 |
| interested party, or any person injured thereby may petition | 4 |
| for relief as provided in subsection (a) of this Section. | 5 |
| (c) Whenever, in the opinion of the Commission, a person | 6 |
| violates any provision of this Act, the Commission may issue an | 7 |
| order to show cause why an order to cease and desist should not | 8 |
| be entered against that person. The order shall clearly set | 9 |
| forth the grounds relied upon by the Commission and shall allow | 10 |
| at least 7 days from the date of the order to file an answer | 11 |
| satisfactory to the Commission. Failure to answer to the | 12 |
| satisfaction of the Commission shall cause an order to cease | 13 |
| and desist to be issued. | 14 |
| Section 125. Investigations; notice and hearing. The | 15 |
| Commission may investigate the actions of any applicant or any | 16 |
| person holding or claiming to hold a license under this Act. | 17 |
| Before revoking, suspending, placing on probation, | 18 |
| reprimanding, or taking any other disciplinary action under | 19 |
| Section 115 of this Act, the Commission shall refer the | 20 |
| findings of its investigation to the Department. The Department | 21 |
| shall, at least 30 days prior to the date set for the hearing, | 22 |
| (i) notify the accused, in writing, of any charges made and the | 23 |
| time and place for the hearing, (ii) direct him or her to file | 24 |
| a written answer to the charges with the Department under oath | 25 |
| within 20 days after the service on him or her of the notice, |
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SB0259 Enrolled |
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LRB095 10694 RAS 30926 b |
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| 1 |
| and (iii) inform the accused that, if he or she fails to | 2 |
| answer, default will be taken against him or her or that his or | 3 |
| her license may be suspended, revoked, placed on probationary | 4 |
| status, or other disciplinary action taken with regard to the | 5 |
| license, including limiting the scope, nature, or extent of his | 6 |
| or her practice, as the Department may deem proper. In case the | 7 |
| person, after receiving notice, fails to file an answer, his or | 8 |
| her license may, in the discretion of the Department, be | 9 |
| suspended, revoked, placed on probationary status, or the | 10 |
| Department may take whatever disciplinary action deemed | 11 |
| proper, including limiting the scope, nature, or extent of the | 12 |
| person's practice or the imposition of a fine, without a | 13 |
| hearing, if the act or acts charged constitute sufficient | 14 |
| grounds for such action under this Act. At the time and place | 15 |
| fixed in the notice, the Department shall proceed to hear the | 16 |
| charges and the parties or their counsel shall be accorded | 17 |
| ample opportunity to represent such statements, testimony, | 18 |
| evidence, and argument as may be pertinent to the charges or to | 19 |
| their defense. The Secretary may continue the hearing if the | 20 |
| Board is unavailable or for another just cause. | 21 |
| Section 130. Disposition by consent order or settlement | 22 |
| agreement. Disposition may be made of any charge by consent | 23 |
| order or settlement agreement between the Commission and the | 24 |
| licensee. Disposition may include restrictions upon the | 25 |
| interpreter's ability to practice and monetary penalties not to |
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SB0259 Enrolled |
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LRB095 10694 RAS 30926 b |
|
| 1 |
| exceed the maximum disciplinary fines allowed under this Act. | 2 |
| The Board shall be apprised of the consent order or settlement | 3 |
| agreement at its next meeting. | 4 |
| Section 135. Record of proceedings; transcript. The | 5 |
| Commission, at its expense, shall preserve a record of all | 6 |
| proceedings at any formal hearing of any case. The notice of | 7 |
| hearing, complaint, and all other documents in the nature of | 8 |
| pleadings and written motions filed in the proceedings, the | 9 |
| transcript of testimony, the report of the Board, the report of | 10 |
| the hearing officer, and the orders of the Commission shall be | 11 |
| the record of the proceedings. | 12 |
| Section 140. Subpoenas; depositions; oaths. The Department | 13 |
| shall have power to subpoena and bring before it any person and | 14 |
| to take testimony either orally or by deposition, or both, with | 15 |
| the same fees and mileage and in the same manner as prescribed | 16 |
| by law in judicial proceedings in civil cases in courts in this | 17 |
| State. The Secretary, the designated hearing officer, and any | 18 |
| member of the Board shall each have power to administer oaths | 19 |
| to witnesses at any hearings which the Department is authorized | 20 |
| to conduct and any other oaths authorized in the Act. | 21 |
| Section 145. Compelling testimony. Any circuit court, upon | 22 |
| the application of the Department, designated hearing officer, | 23 |
| applicant, or licensee against whom proceedings under Section |
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SB0259 Enrolled |
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LRB095 10694 RAS 30926 b |
|
| 1 |
| 115 of the Act are pending, may enter an order requiring the | 2 |
| attendance of witnesses and their testimony and the production | 3 |
| of documents, papers, files, books, and records in connection | 4 |
| with any hearing or investigation. The court may compel | 5 |
| obedience to its order by proceedings for contempt. | 6 |
| Section 150. Findings and recommendations. At the | 7 |
| conclusion of the hearing, the Board shall present to the | 8 |
| Secretary a written report of its findings of fact, conclusions | 9 |
| of law, and recommendations. The report shall contain a finding | 10 |
| of whether the licensee violated this Act or failed to comply | 11 |
| with the conditions required in this Act. The Board shall | 12 |
| specify the nature of the violation or failure to comply, and | 13 |
| shall make its recommendations to the Director of the | 14 |
| Department. The report of findings of fact, conclusions of law, | 15 |
| and recommendation of the Board shall be the basis for the | 16 |
| Department's order for discipline, refusal or for the granting | 17 |
| of the license. If the Secretary disagrees with the | 18 |
| recommendations of the Board, the Secretary may issue an order | 19 |
| in contravention of the Board recommendations. The Secretary | 20 |
| shall provide a written report to the Board on any disagreement | 21 |
| and shall specify the reasons for the action in the final | 22 |
| order. The finding is not admissible in evidence against the | 23 |
| person in a criminal prosecution brought for the violation of | 24 |
| this Act, but the hearing and findings is not a bar to a | 25 |
| criminal prosecution brought for the violation of this Act. |
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SB0259 Enrolled |
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LRB095 10694 RAS 30926 b |
|
| 1 |
| Section 155. Appointment of hearing officer. The Secretary | 2 |
| shall have the authority to appoint any attorney duly licensed | 3 |
| to practice law in the State of Illinois to serve as the | 4 |
| hearing officer in any action for discipline of a license. The | 5 |
| hearing officer shall have full authority to conduct the | 6 |
| hearing. The hearing officer shall report his or her findings | 7 |
| of fact, conclusions of law, and recommendations to the Board | 8 |
| and the Secretary. The Board shall have 60 days after receipt | 9 |
| of the report to review the report of the hearing officer and | 10 |
| to present its findings of fact, conclusions of law and | 11 |
| recommendations to the Secretary. If the Board fails to present | 12 |
| its report within the 60-day period, the Secretary may issue an | 13 |
| order based on the report of the hearing officer. | 14 |
| Section 160. Board; rehearing. At the conclusion of the | 15 |
| hearing, a copy of the Board's report shall be served upon the | 16 |
| applicant or licensee by the Commission, either personally or | 17 |
| as provided in this Act for the service of the notice of | 18 |
| hearing. Within 20 days after such service, the applicant or | 19 |
| licensee may present to the Department a motion in writing for | 20 |
| a rehearing, which shall specify the particular grounds for | 21 |
| rehearing. If no motion for a rehearing is filed, then upon the | 22 |
| expiration of the time specified for filing such a motion, or | 23 |
| if a motion for rehearing is denied, then upon such denial, the | 24 |
| Secretary may enter an order in accordance with recommendations |
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SB0259 Enrolled |
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LRB095 10694 RAS 30926 b |
|
| 1 |
| of the Board, except as provided in Section 175 of this Act. If | 2 |
| the applicant or licensee requests and pays for a transcript of | 3 |
| the record within the time for filing a motion for rehearing, | 4 |
| the 20-day period within which a motion may be filed shall | 5 |
| commence upon the delivery of the transcript to the applicant | 6 |
| or licensee. | 7 |
| Section 165. Director; rehearing. Whenever the Secretary | 8 |
| believes justice has not been done in the revocation, | 9 |
| suspension, or refusal to issue or renew a license or the | 10 |
| discipline of a licensee, he or she may order a rehearing. | 11 |
| Section 170. Order or certified copy; prima facie proof. An | 12 |
| order of revocation, suspension, placing the license on | 13 |
| probationary status, or other formal disciplinary action as the | 14 |
| Department may deem proper, or a certified copy thereof, over | 15 |
| the seal of the Department and purporting to be signed by the | 16 |
| Secretary, is prima facie proof that: | 17 |
| (1) the signature is the genuine signature of the | 18 |
| Secretary; | 19 |
| (2) the Secretary is duly appointed and qualified; and | 20 |
| (3) the Board and the members thereof are qualified to | 21 |
| act. | 22 |
| Section 175. Restoration of suspended or revoked license. | 23 |
| At any time after the suspension or revocation of any license, |
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SB0259 Enrolled |
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LRB095 10694 RAS 30926 b |
|
| 1 |
| the Commission may restore it to the licensee upon the written | 2 |
| recommendation of the Board, unless after an investigation and | 3 |
| hearing the Board determines that restoration is not in the | 4 |
| public interest. | 5 |
| Section 180. Surrender of license. Upon the revocation or | 6 |
| suspension of a license, the licensee shall immediately | 7 |
| surrender his or her license to the Commission. If the licensee | 8 |
| fails to do so, the Commission has the right to seize the | 9 |
| license. | 10 |
| Section 185. Summary suspension of license. The Director | 11 |
| may summarily suspend the license of an interpreter for the | 12 |
| deaf without a hearing, simultaneously with the institution of | 13 |
| proceedings for a hearing provided for in Section 115 of this | 14 |
| Act, if the Director finds that evidence in the possession of | 15 |
| the Director indicates that the continuation of practice by the | 16 |
| interpreter for the deaf would constitute an imminent danger to | 17 |
| the public. In the event that the Director summarily suspends | 18 |
| the license of an individual without a hearing, a hearing must | 19 |
| be held by the Department within 30 days after the suspension | 20 |
| has occurred. | 21 |
| Section 190. Administrative review; venue. | 22 |
| (a) All final administrative decisions of the Department | 23 |
| are subject to judicial review pursuant to the Administrative |
|
|
|
SB0259 Enrolled |
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LRB095 10694 RAS 30926 b |
|
| 1 |
| Review Law and its rules. The term "administrative decision" is | 2 |
| defined as in Section 3-101 of the Code of Civil Procedure. | 3 |
| (b) Proceedings for judicial review shall be commenced in | 4 |
| the circuit court of the county in which the party applying for | 5 |
| review resides, but if the party is not a resident of Illinois, | 6 |
| the venue shall be in Sangamon County. | 7 |
| Section 195. Certification of record; costs. The | 8 |
| Department shall not be required to certify any record to the | 9 |
| court, to file an answer in court, or to otherwise appear in | 10 |
| any court in a judicial review proceeding, unless there is | 11 |
| filed in the court, with the complaint, a receipt from the | 12 |
| Commission acknowledging payment of the costs of furnishing and | 13 |
| certifying the record. Failure on the part of the plaintiff to | 14 |
| file the receipt in court is grounds for dismissal of the | 15 |
| action. | 16 |
| Section 200. Offenses and punishment. Unless otherwise | 17 |
| specified, any person found to have violated any provision of | 18 |
| this Act is guilty of a Class A misdemeanor. | 19 |
| Section 205. Administrative Procedure Act. The Illinois | 20 |
| Administrative Procedure Act is hereby expressly adopted and | 21 |
| incorporated in this Act as if all of the provisions of such | 22 |
| Act were included in this Act. |
|
|
|
SB0259 Enrolled |
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LRB095 10694 RAS 30926 b |
|
| 1 |
| Section 210. Home rule. The regulation and licensing of the | 2 |
| practice of interpreting are exclusive powers and functions of | 3 |
| the State. A home rule unit may not regulate or license | 4 |
| interpreters for the deaf. This Section is a denial and | 5 |
| limitation of home rule powers and functions under subsection | 6 |
| (h) of Section 6 of Article VII of the Illinois Constitution. | 7 |
| Section 215. Savings provision. | 8 |
| (a) This Act is intended to replace the Interpreters for | 9 |
| the Deaf Act in all respects. | 10 |
| (b) The provisions of this Act shall not be construed to | 11 |
| invalidate the requirement that interpreters continue to | 12 |
| register pursuant to the Interpreters for the Deaf Act prior to | 13 |
| the effective date of this Act. | 14 |
| (c) Beginning January 1, 2009, the Commission shall cease | 15 |
| to register interpreters pursuant to the interpreters for the | 16 |
| Deaf Act. After that date, applicants shall apply for a license | 17 |
| to practice as an interpreter for the deaf and shall meet the | 18 |
| requirements set forth in this Act. | 19 |
| (d) Beginning on January 1, 2009, the rights, powers, and | 20 |
| duties exercised by the Deaf and Hard of Hearing Commission | 21 |
| under the Interpreters for the Deaf Act shall continue to be | 22 |
| vested in, be the obligation of, and shall be exercised by the | 23 |
| Deaf and Hard of Hearing Commission under the provisions of | 24 |
| this Act. | 25 |
| (e) This Act does not affect any act done, ratified, or |
|
|
|
SB0259 Enrolled |
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LRB095 10694 RAS 30926 b |
|
| 1 |
| cancelled, or any right occurring or established, or any action | 2 |
| or proceeding had or commenced in an administrative, civil, or | 3 |
| criminal cause before the effective date of this Act, by the | 4 |
| Deaf and Hard of Hearing Commission under the Interpreters for | 5 |
| the Deaf Act, and those actions or proceedings may be | 6 |
| prosecuted and continued by the Deaf and Hard of Hearing | 7 |
| Commission under this Act. | 8 |
| (f) The rules adopted by the Deaf and Hard of Hearing | 9 |
| Commission relating to the Interpreters for the Deaf Act, | 10 |
| unless inconsistent with the provisions of this Act, are not | 11 |
| affected by this Act, and on the effective date of this Act, | 12 |
| those rules become the rules under this Act. The Deaf and Hard | 13 |
| of Hearing Commission shall, as soon as practicable, adopt new | 14 |
| or amended rules consistent with the provisions of this Act. | 15 |
| Section 900. Severability. The provisions of this Act are | 16 |
| severable under Section 1.31 of the Statute on Statutes.
| 17 |
| Section 905. The Regulatory Sunset Act is amended by adding | 18 |
| Sections 4.19b and 4.28 as follows: | 19 |
| (5 ILCS 80/4.19b new)
| 20 |
| Sec. 4.19b. Act repealed on January 1, 2009. The following | 21 |
| Act is repealed on January 1, 2009: | 22 |
| The Interpreters for the Deaf Act. |
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| (5 ILCS 80/4.28 new) | 2 |
| Sec. 4.28. Act repealed on January 1, 2018. The following | 3 |
| Act is repealed on January 1, 2018: | 4 |
| The Interpreter for the Deaf Licensure Act of 2007. | 5 |
| Section 910. The State Finance Act is amended by adding | 6 |
| Section 5.675 as follows: | 7 |
| (30 ILCS 105/5.675 new) | 8 |
| Sec. 5.675. The Interpreters for the Deaf Fund. | 9 |
| Section 915. The Code of Civil Procedure is amended by | 10 |
| changing Section 8-911 and by adding Section 8-912 as follows:
| 11 |
| (735 ILCS 5/8-911) (from Ch. 110, par. 8-911)
| 12 |
| Sec. 8-911. Language interpreter's
Interpreter's
| 13 |
| privilege.
| 14 |
| (a) A "language interpreter"
An "interpreter" is a person | 15 |
| who aids a communication when at least
one party to the | 16 |
| communication has a hearing or speaking impairment or a
| 17 |
| language difficulty.
| 18 |
| (b) If a communication is otherwise privileged, that | 19 |
| underlying
privilege is not waived because of the presence of | 20 |
| the language interpreter.
| 21 |
| (c) The language interpreter shall not disclose the | 22 |
| communication without the
express consent of the person who has |
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SB0259 Enrolled |
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| the right to claim the underlying
privilege.
| 2 |
| (Source: P.A. 87-409.)
| 3 |
| (735 ILCS 5/8-912 new)
| 4 |
| Sec. 8-912. Interpreter for the deaf and hard of hearing's | 5 |
| privilege.
| 6 |
| (a) An "interpreter for the deaf and hard of hearing" is a | 7 |
| person who aids communication when at least one party to the | 8 |
| communication has a hearing loss.
| 9 |
| (b) An interpreter for the deaf and hard of hearing who | 10 |
| interprets a conversation between a hearing person and a deaf | 11 |
| person is deemed a conduit for the conversation and may not | 12 |
| disclose or be compelled to disclose by subpoena the contents | 13 |
| of the conversation that he or she facilitated without the | 14 |
| written consent of all persons involved who received his or her | 15 |
| professional services. | 16 |
| (c) All communications that are recognized by law as | 17 |
| privileged shall remain privileged even in cases where an | 18 |
| interpreter for the deaf and hard of hearing is utilized to | 19 |
| facilitate such communications. | 20 |
| (d) Communications may be voluntarily disclosed under the | 21 |
| following circumstances: | 22 |
| (1) the formal reporting, conferring, or consulting | 23 |
| with administrative superiors, colleagues, or consultants | 24 |
| who share similar professional responsibility, in which | 25 |
| instance all recipients of such information are similarly |
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| bound to regard the communication as privileged; | 2 |
| (2) a person waives the privilege by bringing any | 3 |
| public charges against an interpreter for the deaf and hard | 4 |
| of hearing, including a person licensed under the | 5 |
| Interpreter for the Deaf Licensure Act of 2007; and | 6 |
| (3) a communication reveals the intended commission of | 7 |
| a crime or harmful act and such disclosure is judged | 8 |
| necessary by the interpreter for the deaf and hard of | 9 |
| hearing to protect any person from a clear, imminent risk | 10 |
| of serious mental or physical harm or injury or to | 11 |
| forestall a serious threat to public safety. | 12 |
| (e) Nothing in this Section shall be construed to prohibit | 13 |
| a person licensed under the Interpreter for the Deaf Licensure | 14 |
| Act of 2007 from voluntarily testifying in court hearings | 15 |
| concerning matters of adoption, child abuse, child neglect, or | 16 |
| other matters pertaining to children, except as provided under | 17 |
| the Abused and Neglected Child Reporting Act.
| 18 |
| Section 999. Effective date. This Act takes effect upon | 19 |
| becoming law. |
|