Full Text of HB3547 99th General Assembly
HB3547ham002 99TH GENERAL ASSEMBLY | Rep. C.D. Davidsmeyer Filed: 4/22/2015
| | 09900HB3547ham002 | | LRB099 03648 KTG 34668 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 3547
| 2 | | AMENDMENT NO. ______. Amend House Bill 3547 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Professional Limited Liability Company Act. | 6 | | Section 5. Definitions. In this Act: | 7 | | "Department" means the Department of Financial and | 8 | | Professional Regulation. | 9 | | "Professional limited liability company" means a limited | 10 | | liability company that intends to provide, or does provide, | 11 | | professional services that require the individuals engaged in | 12 | | the profession to be licensed by the Department of Financial | 13 | | and Professional Regulation. | 14 | | Section 10. Application of the Limited Liability Company | 15 | | Act. The Limited Liability Company Act, as now or hereafter |
| | | 09900HB3547ham002 | - 2 - | LRB099 03648 KTG 34668 a |
|
| 1 | | amended, shall be applicable to professional limited liability | 2 | | companies, and they shall enjoy the powers and privileges and | 3 | | be subject to the duties, restrictions, and liabilities of | 4 | | other limited liability companies, except where inconsistent | 5 | | with the letter and purpose of this Act. This Act shall take | 6 | | precedence in the event of any conflict with the provisions of | 7 | | the Limited Liability Company Act or other laws. | 8 | | Section 15. Certificate of registration.
| 9 | | (a) No professional limited liability company may render | 10 | | professional services that require the issuance of a license by | 11 | | the Department, except through its managers, members, agents, | 12 | | or employees who are duly licensed or otherwise legally | 13 | | authorized to render such professional services within this | 14 | | State. An individual's association with a professional limited | 15 | | liability company as a manager, member, agent, or employee, | 16 | | shall in no way modify or diminish the jurisdiction of the | 17 | | Department that licensed, certified, or registered the | 18 | | individual for a particular profession. | 19 | | (b) A professional limited liability company shall not | 20 | | open, operate, or maintain an establishment for any of the | 21 | | purposes for which a limited liability company may be organized | 22 | | without obtaining a certificate of registration from the | 23 | | Department. | 24 | | (c) Application for a certificate of registration shall be | 25 | | made in writing and shall contain the name and primary mailing |
| | | 09900HB3547ham002 | - 3 - | LRB099 03648 KTG 34668 a |
|
| 1 | | address of the professional limited liability company, the name | 2 | | and address of the company's registered agent, the address of | 3 | | the practice location maintained by the company, each assumed | 4 | | name being used by the company, and such other information as | 5 | | may be required by the Department. All official correspondence | 6 | | from the Department shall be mailed to the primary mailing | 7 | | address of the company except that the company may elect to | 8 | | have renewal and non-renewal notices sent to the registered | 9 | | agent of the company. Upon receipt of such application, the | 10 | | Department shall make an investigation of the professional | 11 | | limited liability company. If this Act or any Act administered | 12 | | by the Department requires the organizers, managers, and | 13 | | members to each be licensed in the particular profession or | 14 | | related professions related to the professional services | 15 | | offered by the company, the Department shall determine that the | 16 | | organizers, managers, and members are each licensed pursuant to | 17 | | the laws of Illinois to engage in the particular profession or | 18 | | related professions involved (except that an initial organizer | 19 | | may be a licensed attorney) and that no disciplinary action is | 20 | | pending before the Department against any of them before | 21 | | issuing a certificate of registration. For all other companies | 22 | | submitting an application, the Department shall determine if | 23 | | any organizer, manager, or member claiming to hold a | 24 | | professional license issued by the Department is currently so | 25 | | licensed and that no disciplinary action is pending before the | 26 | | Department against any of them before issuing a certificate of |
| | | 09900HB3547ham002 | - 4 - | LRB099 03648 KTG 34668 a |
|
| 1 | | registration. If it appears that the professional limited | 2 | | liability company will be conducted in compliance with the law | 3 | | and the rules and regulations of the Department, the Department | 4 | | shall issue, upon payment of a registration fee of $50, a | 5 | | certificate of registration. | 6 | | (d) A separate application shall be submitted for each | 7 | | business location in Illinois. If the professional limited | 8 | | liability company is using more than one fictitious or assumed | 9 | | name and has an address different from that of the parent | 10 | | company, a separate application shall be submitted for each | 11 | | fictitious or assumed name. | 12 | | (e) Upon written application of the holder, the Department | 13 | | shall renew the certificate if it finds that the professional | 14 | | limited liability company has complied with its regulations and | 15 | | the provisions of this Act and the applicable licensing Act. | 16 | | This fee for the renewal of a certificate of registration shall | 17 | | be calculated at the rate of $40 per year. The certificate of | 18 | | registration shall be conspicuously posted upon the premises to | 19 | | which it is applicable. A certificate of registration shall not | 20 | | be assignable. | 21 | | (f) The Department shall not issue or renew any certificate | 22 | | of registration to a professional limited liability company | 23 | | during the period of dissolution. | 24 | | Section 20. Failure to obtain a certificate of | 25 | | registration. Whenever the Department has reason to believe a |
| | | 09900HB3547ham002 | - 5 - | LRB099 03648 KTG 34668 a |
|
| 1 | | professional limited liability company has opened, operated, | 2 | | or maintained an establishment without a certificate of | 3 | | registration, the Department may issue a notice of violation to | 4 | | the professional limited liability company. The notice of | 5 | | violation shall provide a period of 30 days after the date of | 6 | | the notice to either file an answer to the satisfaction of the | 7 | | Department or submit an application for a certificate of | 8 | | registration in compliance with this Act. If the professional | 9 | | limited liability company submits an application for a | 10 | | certificate of registration, it must pay the $50 application | 11 | | fee and a late fee of $100 for each year that the professional | 12 | | limited liability company opened, operated, or maintained an | 13 | | establishment without a certificate of registration for the | 14 | | purpose of providing any professional service that requires the | 15 | | individuals engaged in the profession to be licensed by the | 16 | | Department, with a maximum late fee of $500. If the | 17 | | professional limited liability company that is the subject of | 18 | | the notice of violation fails to respond, fails to respond to | 19 | | the satisfaction of the Department, or fails to submit an | 20 | | application for registration, the Department may institute | 21 | | disciplinary proceedings against the professional limited | 22 | | liability company and may impose a civil penalty up to $1,000 | 23 | | for violation of this Act after affording the professional | 24 | | limited liability company a hearing in conformance with the | 25 | | requirements of this Act. |
| | | 09900HB3547ham002 | - 6 - | LRB099 03648 KTG 34668 a |
|
| 1 | | Section 25. Suspension, revocation or discipline of | 2 | | certificate of registration. | 3 | | (a) The Department may suspend, revoke, or otherwise | 4 | | discipline the certificate of registration of a professional | 5 | | limited liability company for any of the following reasons: | 6 | | (1) the revocation or suspension of the license to | 7 | | practice the profession of any officer, manager, member, | 8 | | agent, or employee not promptly removed or discharged by | 9 | | the professional limited liability company; | 10 | | (2) unethical professional conduct on the part of any | 11 | | officer, manager, member, agent, or employee not promptly | 12 | | removed or discharged by the professional limited | 13 | | liability company; | 14 | | (3) the death of the last remaining member; | 15 | | (4) upon finding that the holder of the certificate has | 16 | | failed to comply with the provisions of this Act or the | 17 | | regulations prescribed by the Department; or | 18 | | (5) the failure to file a return, to pay the tax, | 19 | | penalty, or interest shown in a filed return, or to pay any | 20 | | final assessment of tax, penalty, or interest, as required | 21 | | by a tax Act administered by the Illinois Department of | 22 | | Revenue, until such time as the requirements of any such | 23 | | tax Act are satisfied. | 24 | | (b) Before any certificate of registration is suspended or | 25 | | revoked, the holder shall be given written notice of the | 26 | | proposed action and the reasons for the proposed action and |
| | | 09900HB3547ham002 | - 7 - | LRB099 03648 KTG 34668 a |
|
| 1 | | shall be provided a public hearing by the Department with the | 2 | | right to produce testimony and other evidence concerning the | 3 | | charges made. The notice shall also state the place and date of | 4 | | the hearing, which shall be at least 10 days after service of | 5 | | the notice. | 6 | | (c) All orders of the Department denying an application for | 7 | | a certificate of registration or suspending or revoking a | 8 | | certificate of registration or imposing a civil penalty shall | 9 | | be subject to judicial review pursuant to the Administrative | 10 | | Review Law. | 11 | | (d) The proceedings for judicial review shall be commenced | 12 | | in the circuit court of the county in which the party applying | 13 | | for review is located. If the party is not currently located in | 14 | | Illinois, the venue shall be in Sangamon County. The Department | 15 | | shall not be required to certify any record to the court or | 16 | | file any answer in court or otherwise appear in any court in a | 17 | | judicial review proceeding, unless and until the Department has | 18 | | received from the plaintiff payment of the costs of furnishing | 19 | | and certifying the record, which costs shall be determined by | 20 | | the Department. Exhibits shall be certified without cost. | 21 | | Failure on the part of the plaintiff to file a receipt in court | 22 | | is grounds for dismissal of the action. | 23 | | Section 30. Confidentiality. | 24 | | (a) All information collected by the Department in the | 25 | | course of an examination or investigation of a holder of a |
| | | 09900HB3547ham002 | - 8 - | LRB099 03648 KTG 34668 a |
|
| 1 | | certificate of registration or an applicant, including, but not | 2 | | limited to, any complaint against a holder of a certificate of | 3 | | registration filed with the Department and information | 4 | | collected to investigate any such complaint, shall be | 5 | | maintained for the confidential use of the Department and shall | 6 | | not be disclosed. | 7 | | (b) The Department may not disclose the information to | 8 | | anyone other than law enforcement officials, other regulatory | 9 | | agencies that have an appropriate regulatory interest as | 10 | | determined by the Secretary of the Department, or a party | 11 | | presenting a lawful subpoena to the Department. Information and | 12 | | documents disclosed to a federal, State, county, or local law | 13 | | enforcement agency shall not be disclosed by the agency for any | 14 | | purpose to any other agency or person. A formal complaint filed | 15 | | against a holder of a certificate of registration by the | 16 | | Department or any order issued by the Department against a | 17 | | holder of a certificate of registration or an applicant shall | 18 | | be a public record, except as otherwise prohibited by law. | 19 | | Section 35. Professional relationship and liability; | 20 | | rights and obligations pertaining to communications.
| 21 | | (a) Nothing contained in this Act shall be interpreted to | 22 | | abolish, repeal, modify, restrict, or limit the law in effect | 23 | | in this State on the effective date of this Act that is | 24 | | applicable to the professional relationship and liabilities | 25 | | between the person furnishing the professional services and the |
| | | 09900HB3547ham002 | - 9 - | LRB099 03648 KTG 34668 a |
|
| 1 | | person receiving such professional services or the law that is | 2 | | applicable to the standards for professional conduct. Any | 3 | | manager, member, agent, or employee of a professional limited | 4 | | liability company shall remain personally and fully liable and | 5 | | accountable for any negligent or wrongful acts or misconduct | 6 | | committed by him or her or by any person under his or her | 7 | | direct supervision and control while rendering professional | 8 | | services on behalf of the professional limited liability | 9 | | company. However, a professional limited liability company | 10 | | shall have no greater liability for the conduct of its agents | 11 | | than any other limited liability company organized under the | 12 | | Limited Liability Company Act. A professional limited | 13 | | liability company shall be liable up to the full value of its | 14 | | property for any negligence or wrongful acts or misconduct | 15 | | committed by any of its managers, members, agents, or employees | 16 | | while they are engaged in the rendering of professional | 17 | | services on behalf of the professional limited liability | 18 | | company. | 19 | | (b) All rights and obligations pertaining to | 20 | | communications made to or information received by any qualified | 21 | | person or the advice he or she gives on such communications or | 22 | | information, shall be extended to the professional limited | 23 | | liability company of which he or she is a manager, member, | 24 | | agent, or employee, and to the professional limited liability | 25 | | company's managers, members, agents, and employees. |
| | | 09900HB3547ham002 | - 10 - | LRB099 03648 KTG 34668 a |
|
| 1 | | Section 40. Dissolution. A professional limited liability | 2 | | company may, for the purposes of dissolution, have as its | 3 | | managers and members individuals who are not licensed by the | 4 | | Department to provide professional services notwithstanding | 5 | | any provision of this Act or of any professional Act | 6 | | administered by the Department, provided that the professional | 7 | | limited liability company under these circumstances does not | 8 | | render any professional services nor hold itself out as capable | 9 | | or available to render any professional services during the | 10 | | period of dissolution. A copy of the certificate of | 11 | | dissolution, as issued by the Secretary of State, shall be | 12 | | delivered to the Department within 30 days of its receipt by | 13 | | the managers or members. | 14 | | Section 45. Dishonored payments. Any professional limited | 15 | | liability company that, on 2 occasions, issues or delivers a | 16 | | check or other order to the Department that is not honored by | 17 | | the financial institution upon which it is drawn because of | 18 | | insufficient funds on the account, shall pay to the Department, | 19 | | in addition to the amount owing upon such check or other order, | 20 | | a fee of $50. If such check or other order was issued or | 21 | | delivered in payment of a renewal fee and the professional | 22 | | limited liability company whose certificate of registration | 23 | | has lapsed continues to practice as a professional limited | 24 | | liability company without paying the renewal fee and the $50 | 25 | | fee required under this Section, an additional fee of $100 |
| | | 09900HB3547ham002 | - 11 - | LRB099 03648 KTG 34668 a |
|
| 1 | | shall be imposed for practicing without a current certificate. | 2 | | The Department shall notify the professional limited liability | 3 | | company whose certificate of registration has lapsed within 30 | 4 | | days after the discovery by the Department that such | 5 | | professional limited liability company is operating without a | 6 | | current certificate of the fact that the professional limited | 7 | | liability company is operating without a certificate and of the | 8 | | amount due to the Department, which shall include the lapsed | 9 | | renewal fee and all other fees required by this Section. If the | 10 | | professional limited liability company whose certification has | 11 | | lapsed seeks a current certificate more than 30 days after the | 12 | | date it receives notification from the Department, it shall be | 13 | | required to apply to the Department for reinstatement of the | 14 | | certificate and to pay all fees due to the Department. The | 15 | | Department may establish a fee for the processing of an | 16 | | application for reinstatement of a certificate that allows the | 17 | | Department to pay all costs and expenses related to the | 18 | | processing of the application. The Secretary of the Department | 19 | | may waive the fees due under this Section in individual cases | 20 | | where he or she finds that in the particular case such fees | 21 | | would be unreasonable or unnecessarily burdensome. | 22 | | Section 50. Deposit of fees and fines. All fees, civil | 23 | | penalties, and fines collected under this Act shall be | 24 | | deposited into the General Professions Dedicated Fund.
|
| | | 09900HB3547ham002 | - 12 - | LRB099 03648 KTG 34668 a |
|
| 1 | | Section 902. The Clinical Psychologist Licensing Act is | 2 | | amended by changing Section 3 and by adding Section 24.2 as | 3 | | follows:
| 4 | | (225 ILCS 15/3) (from Ch. 111, par. 5353)
| 5 | | (Section scheduled to be repealed on January 1, 2017)
| 6 | | Sec. 3. Necessity of license; corporations, professional | 7 | | limited liability companies, partnerships, and
associations; | 8 | | display of license.
| 9 | | (a) No individual, partnership, association or corporation
| 10 | | shall, without a valid license as a clinical psychologist | 11 | | issued by the
Department, in any manner hold himself or herself | 12 | | out to the public as a
psychologist or clinical psychologist | 13 | | under the provisions of this Act or
render or offer to render | 14 | | clinical psychological services as defined in
paragraph 7 of | 15 | | Section 2 of this Act; or attach the title "clinical
| 16 | | psychologist",
"psychologist"
or any other name or
designation | 17 | | which would in any way imply that he or she is able to practice
| 18 | | as a
clinical
psychologist; or offer to render or render, to | 19 | | individuals, corporations
or the public, clinical | 20 | | psychological services as defined in paragraph 7 of
Section 2 | 21 | | of this Act.
| 22 | | No person may engage in the practice of clinical | 23 | | psychology, as defined in
paragraph (5) of Section 2 of this | 24 | | Act, without a license granted under this
Act, except as
| 25 | | otherwise provided in this Act.
|
| | | 09900HB3547ham002 | - 13 - | LRB099 03648 KTG 34668 a |
|
| 1 | | (b) No association or partnership shall be granted a | 2 | | license and no professional limited liability company shall | 3 | | provide, attempt to provide, or offer to provide clinical | 4 | | psychological services unless every
member, partner, and | 5 | | employee of the association , or partnership , or professional | 6 | | limited liability company who
renders clinical psychological | 7 | | services holds
a currently valid license issued under this Act.
| 8 | | No license shall be issued by the Department to a corporation | 9 | | that (i)
has a stated purpose that includes clinical | 10 | | psychology, or (ii) practices or holds
itself out as available
| 11 | | to practice clinical psychology, unless it is organized under | 12 | | the
Professional Service Corporation Act.
| 13 | | (c) Individuals, corporations, professional limited | 14 | | liability companies, partnerships , and associations may employ
| 15 | | practicum
students, interns or postdoctoral candidates seeking | 16 | | to fulfill
educational requirements or the professional | 17 | | experience
requirements needed to qualify for a license as a
| 18 | | clinical psychologist
to assist in the rendering of services, | 19 | | provided that such employees
function under the direct | 20 | | supervision, order, control and full professional
| 21 | | responsibility of a licensed clinical psychologist in the | 22 | | corporation, professional limited liability company,
| 23 | | partnership , or association. Nothing in this paragraph shall | 24 | | prohibit a
corporation, professional limited liability | 25 | | company, partnership , or association from contracting with a | 26 | | licensed
health care professional to provide services.
|
| | | 09900HB3547ham002 | - 14 - | LRB099 03648 KTG 34668 a |
|
| 1 | | (c-5) Nothing in this Act shall preclude individuals | 2 | | licensed under this Act from practicing directly or indirectly | 3 | | for a physician licensed to practice medicine in all its | 4 | | branches under the Medical Practice Act of 1987 or for any | 5 | | legal entity as provided under subsection (c) of Section 22.2 | 6 | | of the Medical Practice Act of 1987. | 7 | | (d) Nothing in this Act shall prevent the employment, by a | 8 | | clinical
psychologist, individual,
association, partnership , | 9 | | professional limited liability company, or a corporation | 10 | | furnishing clinical psychological services
for remuneration, | 11 | | of persons not licensed as clinical psychologists under
the | 12 | | provisions of this Act to perform services in various | 13 | | capacities as
needed, provided that such persons are not in any | 14 | | manner held out to the
public as rendering clinical | 15 | | psychological services as defined in paragraph
7 of Section 2 | 16 | | of this Act. Nothing contained in this Act shall require any
| 17 | | hospital, clinic, home
health agency, hospice, or other entity | 18 | | that provides health care services to
employ or to contract | 19 | | with a clinical psychologist licensed under this Act to
perform | 20 | | any of the activities under paragraph (5) of Section 2 of this | 21 | | Act.
| 22 | | (e) Nothing in this Act shall
be construed to limit the | 23 | | services and use of official title on the part
of a person, not | 24 | | licensed under the
provisions of this Act, in the employ of a | 25 | | State, county or municipal
agency or other political | 26 | | subdivision insofar that such services are a part of
the
duties |
| | | 09900HB3547ham002 | - 15 - | LRB099 03648 KTG 34668 a |
|
| 1 | | in his or her salaried position, and insofar that such services | 2 | | are
performed solely on behalf of his or her employer.
| 3 | | Nothing contained in this Section shall be construed as | 4 | | permitting such
person to offer their services as psychologists | 5 | | to any other persons and to
accept remuneration for such | 6 | | psychological services other than as
specifically excepted | 7 | | herein, unless they have been licensed under the
provisions of | 8 | | this Act.
| 9 | | (f) Duly recognized members of any bonafide religious | 10 | | denomination shall
not be restricted from functioning in their | 11 | | ministerial capacity provided
they do not represent themselves | 12 | | as being clinical psychologists or
providing clinical | 13 | | psychological services.
| 14 | | (g) Nothing in this Act shall prohibit individuals not | 15 | | licensed under
the provisions of this Act who work in self-help | 16 | | groups or programs or
not-for-profit organizations from | 17 | | providing services
in those groups, programs, or | 18 | | organizations, provided that such persons
are not in any manner | 19 | | held out to the public as rendering clinical
psychological | 20 | | services as defined in paragraph 7 of Section 2 of this Act.
| 21 | | (h) Nothing in this Act shall be construed to prevent a | 22 | | person from
practicing hypnosis without a license issued under | 23 | | this Act provided that
the person (1) does not otherwise engage | 24 | | in the practice of clinical
psychology
including, but not | 25 | | limited to, the independent evaluation, classification, and
| 26 | | treatment of mental, emotional, behavioral, or nervous |
| | | 09900HB3547ham002 | - 16 - | LRB099 03648 KTG 34668 a |
|
| 1 | | disorders or conditions,
developmental disabilities, | 2 | | alcoholism and substance abuse, disorders of habit
or conduct, | 3 | | the psychological aspects of physical illness, (2) does not
| 4 | | otherwise engage in the practice of medicine including, but not | 5 | | limited to, the
diagnosis or treatment of physical or mental | 6 | | ailments or conditions, and (3)
does not
hold himself or | 7 | | herself out to the public by a title or description stating or
| 8 | | implying
that the individual is a clinical psychologist or is | 9 | | licensed to practice
clinical psychology.
| 10 | | (i) Every licensee under this Act shall prominently display | 11 | | the license at the licensee's principal office, place of | 12 | | business, or place of employment and, whenever requested by any | 13 | | representative of the Department, must exhibit the license.
| 14 | | (Source: P.A. 94-870, eff. 6-16-06.)
| 15 | | (225 ILCS 15/24.2 new) | 16 | | Sec. 24.2. Confidentiality. All information collected by | 17 | | the Department in the course of an examination or investigation | 18 | | of a licensee or applicant, including, but not limited to, any | 19 | | complaint against a licensee filed with the Department and | 20 | | information collected to investigate any such complaint, shall | 21 | | be maintained for the confidential use of the Department and | 22 | | shall not be disclosed. The Department may not disclose the | 23 | | information to anyone other than law enforcement officials, | 24 | | other regulatory agencies that have an appropriate regulatory | 25 | | interest as determined by the Secretary, or a party presenting |
| | | 09900HB3547ham002 | - 17 - | LRB099 03648 KTG 34668 a |
|
| 1 | | a lawful subpoena to the Department. Information and documents | 2 | | disclosed to a federal, State, county, or local law enforcement | 3 | | agency shall not be disclosed by the agency for any purpose to | 4 | | any other agency or person. A formal complaint filed against a | 5 | | licensee by the Department or any order issued by the | 6 | | Department against a licensee or applicant shall be a public | 7 | | record, except as otherwise prohibited by law. | 8 | | Section 905. The Clinical Social Work and Social Work | 9 | | Practice Act is amended by changing Section 10 and by adding | 10 | | Section 34.1 as follows:
| 11 | | (225 ILCS 20/10) (from Ch. 111, par. 6360)
| 12 | | (Section scheduled to be repealed on January 1, 2018)
| 13 | | Sec. 10. License restrictions and limitations.
| 14 | | (a) No person shall, without a license as a social worker
| 15 | | issued by the Department: (i) in any manner hold himself or | 16 | | herself out to the
public as a social worker under this Act; | 17 | | (ii) use the title "social worker" or
"licensed social worker"; | 18 | | or (iii) offer to render to individuals,
corporations, or the | 19 | | public social work services if the words "social work" or
| 20 | | "licensed social worker" are used to describe the person | 21 | | offering to render or
rendering the services or to describe the | 22 | | services rendered or offered to be
rendered.
| 23 | | (b) No person shall, without a license as a clinical social | 24 | | worker
issued by the Department: (i) in any manner hold himself |
| | | 09900HB3547ham002 | - 18 - | LRB099 03648 KTG 34668 a |
|
| 1 | | or herself out to the
public as a clinical social worker or | 2 | | licensed clinical social worker under
this Act; (ii) use the | 3 | | title "clinical social worker" or "licensed clinical
social | 4 | | worker"; or (iii) offer to render to individuals, corporations, | 5 | | or the
public clinical social work services if the words | 6 | | "licensed clinical social
worker" or "clinical social work" are | 7 | | used to describe the person to render or
rendering the services | 8 | | or to describe the
services rendered or offered to be rendered.
| 9 | | (c) Licensed social workers may not engage in independent | 10 | | practice of
clinical social work without a clinical social | 11 | | worker license. In independent
practice, a licensed social | 12 | | worker shall practice at all times under the order,
control, | 13 | | and full professional responsibility of a licensed clinical | 14 | | social
worker, a licensed clinical psychologist, or a | 15 | | psychiatrist, as defined in
Section 1-121 of the Mental Health | 16 | | and Developmental Disabilities Code.
| 17 | | (d) No association , or partnership , or professional | 18 | | limited liability company shall provide, attempt to provide, or | 19 | | offer to provide social work or clinical social work services | 20 | | be granted a license unless every
member, partner, and employee | 21 | | of the association , or partnership, or professional limited | 22 | | liability company who practices
social work or clinical social | 23 | | work , or who renders social work or clinical
social work | 24 | | services , holds a current license issued under this Act.
No | 25 | | business shall provide, attempt to provide, or offer to provide | 26 | | social work or clinical social work services license shall be |
| | | 09900HB3547ham002 | - 19 - | LRB099 03648 KTG 34668 a |
|
| 1 | | issued to a corporation, the stated purpose of which
includes | 2 | | or that practices or holds itself out as available to practice
| 3 | | social work or clinical social work unless it is organized | 4 | | under the
Professional Service Corporation Act , the Medical | 5 | | Corporation Act, or the Professional Limited Liability Company | 6 | | Act .
| 7 | | (e) Nothing in this Act shall preclude individuals licensed | 8 | | under this Act from practicing directly or indirectly for a | 9 | | physician licensed to practice medicine in all its branches | 10 | | under the Medical Practice Act of 1987 or for any legal entity | 11 | | as provided under subsection (c) of Section 22.2 of the Medical | 12 | | Practice Act of 1987. | 13 | | (Source: P.A. 90-150, eff. 12-30-97 .)
| 14 | | (225 ILCS 20/34.1 new) | 15 | | Sec. 34.1. Confidentiality. All information collected by | 16 | | the Department in the course of an examination or investigation | 17 | | of a licensee or applicant, including, but not limited to, any | 18 | | complaint against a licensee filed with the Department and | 19 | | information collected to investigate any such complaint, shall | 20 | | be maintained for the confidential use of the Department and | 21 | | shall not be disclosed. The Department may not disclose the | 22 | | information to anyone other than law enforcement officials, | 23 | | other regulatory agencies that have an appropriate regulatory | 24 | | interest as determined by the Secretary, or a party presenting | 25 | | a lawful subpoena to the Department. Information and documents |
| | | 09900HB3547ham002 | - 20 - | LRB099 03648 KTG 34668 a |
|
| 1 | | disclosed to a federal, State, county, or local law enforcement | 2 | | agency shall not be disclosed by the agency for any purpose to | 3 | | any other agency or person. A formal complaint filed against a | 4 | | licensee by the Department or any order issued by the | 5 | | Department against a licensee or applicant shall be a public | 6 | | record, except as otherwise prohibited by law.
| 7 | | (225 ILCS 20/18 rep.)
| 8 | | Section 910. The Clinical Social Work and Social Work | 9 | | Practice Act is amended by repealing Section 18. | 10 | | Section 915. The Marriage and Family Therapy Licensing Act | 11 | | is amended by changing Section 75 and by adding Section 156 as | 12 | | follows:
| 13 | | (225 ILCS 55/75) (from Ch. 111, par. 8351-75)
| 14 | | (Section scheduled to be repealed on January 1, 2018)
| 15 | | Sec. 75. License restrictions and limitations. Practice by | 16 | | corporations. No association, partnership, or professional | 17 | | limited liability company shall provide, attempt to provide, or | 18 | | offer to provide marriage and family therapy services unless | 19 | | every member, partner, and employee of the association, | 20 | | partnership, or professional limited liability company who | 21 | | practices marriage and family therapy or who renders marriage | 22 | | and family therapy services holds a current license issued | 23 | | under this Act. No business shall provide, attempt to provide, |
| | | 09900HB3547ham002 | - 21 - | LRB099 03648 KTG 34668 a |
|
| 1 | | or offer to provide license shall be issued by the
Department | 2 | | to any corporation (i) that has a stated purpose that includes,
| 3 | | or (ii) that practices or holds itself out as available to | 4 | | practice,
marriage and family therapy services , unless it is | 5 | | organized under the Professional
Service Corporation Act or | 6 | | Professional Limited Liability Company Act. Nothing in this Act | 7 | | shall preclude individuals licensed under this Act from | 8 | | practicing directly or indirectly for a physician licensed to | 9 | | practice medicine in all its branches under the Medical | 10 | | Practice Act of 1987 or for any legal entity as provided under | 11 | | subsection (c) of Section 22.2 of the Medical Practice Act of | 12 | | 1987 .
| 13 | | (Source: P.A. 87-783 .)
| 14 | | (225 ILCS 55/156 new) | 15 | | Sec. 156. Confidentiality. All information collected by | 16 | | the Department in the course of an examination or investigation | 17 | | of a licensee or applicant, including, but not limited to, any | 18 | | complaint against a licensee filed with the Department and | 19 | | information collected to investigate any such complaint, shall | 20 | | be maintained for the confidential use of the Department and | 21 | | shall not be disclosed. The Department may not disclose the | 22 | | information to anyone other than law enforcement officials, | 23 | | other regulatory agencies that have an appropriate regulatory | 24 | | interest as determined by the Secretary, or a party presenting | 25 | | a lawful subpoena to the Department. Information and documents |
| | | 09900HB3547ham002 | - 22 - | LRB099 03648 KTG 34668 a |
|
| 1 | | disclosed to a federal, State, county, or local law enforcement | 2 | | agency shall not be disclosed by the agency for any purpose to | 3 | | any other agency or person. A formal complaint filed against a | 4 | | licensee by the Department or any order issued by the | 5 | | Department against a licensee or applicant shall be a public | 6 | | record, except as otherwise prohibited by law. | 7 | | Section 920. The Professional Counselor and Clinical | 8 | | Professional Counselor
Licensing and Practice Act is amended by | 9 | | changing Section 20 as follows:
| 10 | | (225 ILCS 107/20)
| 11 | | (Section scheduled to be repealed on January 1, 2023)
| 12 | | Sec. 20. Restrictions and limitations.
| 13 | | (a) No person shall, without a valid license as a | 14 | | professional
counselor issued by the Department: (i) in any | 15 | | manner hold himself or
herself out to the public as a | 16 | | professional counselor
under this Act; (ii) attach the title | 17 | | "professional counselor" or "licensed
professional
counselor"; | 18 | | or (iii) offer to render or render to individuals,
| 19 | | corporations, or the public professional counseling services.
| 20 | | (b) No person shall, without a valid license as a clinical | 21 | | professional
counselor issued by the Department: (i) in any | 22 | | manner hold himself or
herself out to the public as a clinical | 23 | | professional counselor or licensed
clinical professional | 24 | | counselor
under this Act; (ii) attach the title "clinical |
| | | 09900HB3547ham002 | - 23 - | LRB099 03648 KTG 34668 a |
|
| 1 | | professional counselor" or
"licensed clinical professional
| 2 | | counselor"; or (iii) offer to render to individuals, | 3 | | corporations, or the
public clinical professional counseling | 4 | | services.
| 5 | | (c) (Blank).
| 6 | | (d) No association, limited liability company, | 7 | | professional limited liability company, or partnership shall | 8 | | provide, attempt to provide, or offer to provide
practice | 9 | | clinical professional counseling or professional counseling | 10 | | services unless
every member, partner, and employee of the | 11 | | association , limited liability company, professional limited | 12 | | liability company, or partnership who
practices professional | 13 | | counseling or clinical professional counseling ,
or who renders | 14 | | professional counseling or clinical
professional counseling | 15 | | services , holds a currently
valid license issued under this | 16 | | Act. No business shall provide, attempt to provide, or offer to | 17 | | provide license shall be issued to a
corporation, the stated | 18 | | purpose of which includes or which practices or
which holds | 19 | | itself out as available to practice professional counseling or
| 20 | | clinical professional counseling services unless it is | 21 | | organized under the
Professional Service Corporation Act or | 22 | | Professional Limited Liability Company Act .
| 23 | | (d-5) Nothing in this Act shall preclude individuals | 24 | | licensed under this Act from practicing directly or indirectly | 25 | | for a physician licensed to practice medicine in all its | 26 | | branches under the Medical Practice Act of 1987 or for any |
| | | 09900HB3547ham002 | - 24 - | LRB099 03648 KTG 34668 a |
|
| 1 | | legal entity as provided under subsection (c) of Section 22.2 | 2 | | of the Medical Practice Act of 1987. | 3 | | (e) Nothing in this Act shall be construed as permitting | 4 | | persons
licensed as professional counselors or clinical | 5 | | professional counselors to
engage in any manner in the practice | 6 | | of medicine in all its branches as defined
by law in this | 7 | | State.
| 8 | | (f) When, in the course of providing professional | 9 | | counseling or clinical
professional counseling services to any | 10 | | person, a professional counselor or
clinical professional | 11 | | counselor licensed under this Act finds indication of
a disease | 12 | | or condition that in his or her professional judgment requires
| 13 | | professional service outside the scope of practice as defined | 14 | | in this Act,
he or she shall refer that person to a physician | 15 | | licensed to practice
medicine in all of its branches or another | 16 | | appropriate health care
practitioner.
| 17 | | (Source: P.A. 97-706, eff. 6-25-12.)
| 18 | | Section 925. The Sex Offender Evaluation and Treatment | 19 | | Provider Act is amended by changing Section 40 as follows: | 20 | | (225 ILCS 109/40)
| 21 | | Sec. 40. Application; exemptions. | 22 | | (a) No person may act as a sex offender evaluator, sex | 23 | | offender treatment provider, or associate sex offender | 24 | | provider as defined in this Act for the provision of sex |
| | | 09900HB3547ham002 | - 25 - | LRB099 03648 KTG 34668 a |
|
| 1 | | offender evaluations or sex offender treatment pursuant to the | 2 | | Sex Offender Management Board Act, the Sexually Dangerous | 3 | | Persons Act, or the Sexually Violent Persons Commitment Act | 4 | | unless the person is licensed to do so by the Department. Any | 5 | | evaluation or treatment services provided by a licensed health | 6 | | care professional not licensed under this Act shall not be | 7 | | valid under the Sex Offender Management Board Act, the Sexually | 8 | | Dangerous Persons Act, or the Sexually Violent Persons | 9 | | Commitment Act. No business shall provide, attempt to provide, | 10 | | or offer to provide sex offender evaluation services unless it | 11 | | is organized under the Professional Service Corporation Act, | 12 | | the Medical Corporation Act, or the Professional Limited | 13 | | Liability Company Act. | 14 | | (b) Nothing in this Act shall be construed to require any | 15 | | licensed physician, advanced practice nurse, physician | 16 | | assistant, or other health care professional to be licensed | 17 | | under this Act for the provision of services for which the | 18 | | person is otherwise licensed. This Act does not prohibit a
| 19 | | person licensed under any other Act in this State from engaging
| 20 | | in the practice for which he or she is licensed. This Act only | 21 | | applies to the provision of sex offender evaluations or sex | 22 | | offender treatment provided for the purposes of complying with | 23 | | the Sex Offender Management Board Act, the Sexually Dangerous | 24 | | Persons Act, or the Sexually Violent Persons Commitment Act.
| 25 | | (Source: P.A. 97-1098, eff. 7-1-13 .)
|
| | | 09900HB3547ham002 | - 26 - | LRB099 03648 KTG 34668 a |
|
| 1 | | Section 930. The Professional Service Corporation Act is | 2 | | amended by changing Sections 2, 3.1, 3.2, 3.6, 12, 12.1, and 13 | 3 | | and by adding Sections 13.5 and 15.5 as follows:
| 4 | | (805 ILCS 10/2) (from Ch. 32, par. 415-2)
| 5 | | Sec. 2.
It is the legislative intent to provide for the | 6 | | incorporation of an
individual or group of individuals to | 7 | | render the same professional service
or related professional | 8 | | services to the public for which such individuals
are required | 9 | | by law to be licensed or to obtain other legal authorization,
| 10 | | while preserving the established professional aspects of the | 11 | | personal
relationship between the professional person and | 12 | | those he or she serves
professionally.
| 13 | | (Source: P.A. 78-783.)
| 14 | | (805 ILCS 10/3.1) (from Ch. 32, par. 415-3.1)
| 15 | | Sec. 3.1.
"Ancillary personnel" means such person acting in | 16 | | their customary
capacities, employed by those rendering a | 17 | | professional service who:
| 18 | | (1) Are not licensed to engage in the category of | 19 | | professional service
for which a professional corporation was | 20 | | formed; and
| 21 | | (2) Work at the direction or under the supervision of those | 22 | | who are so
licensed; and
| 23 | | (3) Do not hold themselves out to the public generally as | 24 | | being
authorized to engage in the practice of the profession |
| | | 09900HB3547ham002 | - 27 - | LRB099 03648 KTG 34668 a |
|
| 1 | | for which the
corporation is licensed; and
| 2 | | (4) Are not prohibited by the regulating licensing | 3 | | authority, regulating the
category of professional service | 4 | | rendered by the corporation from being so
employed and includes | 5 | | clerks, secretaries, technicians and other assistants
who are | 6 | | not usually and ordinarily considered by custom and practice to | 7 | | be
rendering the professional services for which the | 8 | | corporation was formed.
| 9 | | (Source: P.A. 77-565.)
| 10 | | (805 ILCS 10/3.2) (from Ch. 32, par. 415-3.2)
| 11 | | Sec. 3.2.
"Regulating authority" means the State board, | 12 | | department, agency or the
Supreme Court of Illinois (in the | 13 | | case of attorneys at law) , the Department of Financial and | 14 | | Professional Regulation, or other State board, department, or | 15 | | agency having
jurisdiction to grant a license to render the | 16 | | category of professional
service for which a professional | 17 | | corporation has been organized , or the
United States Patent | 18 | | Office , or the Internal Revenue Service of the United
States | 19 | | Treasury Department.
| 20 | | (Source: P.A. 78-561.)
| 21 | | (805 ILCS 10/3.6) (from Ch. 32, par. 415-3.6)
| 22 | | Sec. 3.6. "Related professions" and "related professional | 23 | | services" mean
more than one personal service which requires as | 24 | | a condition precedent to the
rendering thereof the obtaining of |
| | | 09900HB3547ham002 | - 28 - | LRB099 03648 KTG 34668 a |
|
| 1 | | a license and which prior to October 1,
1973 could not be | 2 | | performed by a
corporation by reason of law; provided, however, | 3 | | that these terms shall
be restricted to:
| 4 | | (1) a combination of 2 two or more of the following | 5 | | personal services: (a)
"architecture" as defined in | 6 | | Section 5 of the Illinois Architecture Practice
Act of | 7 | | 1989, (b) "professional engineering" as defined in Section | 8 | | 4 of the
Professional Engineering Practice Act of 1989, (c) | 9 | | "structural engineering" as
defined in Section 5 of the | 10 | | Structural Engineering
Practice Act of 1989, (d)
"land | 11 | | surveying" as defined in Section 2 of the Illinois | 12 | | Professional Land
Surveyor Act of 1989; or
| 13 | | (2) a combination of the following personal services: | 14 | | (a) the practice of
medicine by persons licensed under the | 15 | | Medical Practice Act of 1987, (b) the practice of podiatry | 16 | | as defined in
Section 5 of the Podiatric Medical Practice | 17 | | Act of 1987, (c) the practice of
dentistry as defined in | 18 | | the Illinois Dental Practice Act, (d) the practice of
| 19 | | optometry as defined in the Illinois Optometric Practice | 20 | | Act of 1987 ; .
| 21 | | (3) a combination of 2 or more of the following | 22 | | personal services:
(a) the practice of clinical psychology | 23 | | by persons licensed under the Clinical Psychologist | 24 | | Licensing Act, (b) the practice of social work or clinical | 25 | | social work by persons licensed under the Clinical Social | 26 | | Work and Social Work Practice Act, (c) the practice of |
| | | 09900HB3547ham002 | - 29 - | LRB099 03648 KTG 34668 a |
|
| 1 | | marriage and family therapy by persons licensed under the | 2 | | Marriage and Family Therapy Licensing Act, (d) the practice | 3 | | of professional counseling or clinical professional | 4 | | counseling by persons licensed under the Professional | 5 | | Counselor and Clinical Professional Counselor Licensing | 6 | | and Practice Act, or (e) the practice of sex offender | 7 | | evaluations by persons licensed under the Sex Offender | 8 | | Evaluation and Treatment Provider Act; or | 9 | | (4) a combination of 2 or more of the following | 10 | | personal services:
(a) the practice of acupuncture by | 11 | | persons licensed under the Acupuncture Practice Act, (b) | 12 | | the practice of massage by persons licensed under the | 13 | | Massage Licensing Act, (c) the practice of naprapathy by | 14 | | persons licensed under the Naprapathic Practice Act, (d) | 15 | | the practice of occupational therapy by persons licensed | 16 | | under the Illinois Occupational Therapy Practice Act, or | 17 | | (e) the practice of physical therapy by persons licensed | 18 | | under the Illinois Physical Therapy Act. | 19 | | (Source: P.A. 95-738, eff. 1-1-09.)
| 20 | | (805 ILCS 10/12) (from Ch. 32, par. 415-12)
| 21 | | Sec. 12.
(a) No corporation shall open, operate or maintain | 22 | | an establishment for any
of the purposes for which a | 23 | | corporation may be organized under this Act
without a | 24 | | certificate of registration from the regulating authority
| 25 | | authorized by law to license individuals to engage in the |
| | | 09900HB3547ham002 | - 30 - | LRB099 03648 KTG 34668 a |
|
| 1 | | profession or
related professions concerned. Application for | 2 | | such registration shall be
made in writing, and shall contain | 3 | | the name and primary mailing address of the corporation, the | 4 | | name and address of the corporation's registered agent, the | 5 | | address of the practice location maintained by the corporation, | 6 | | each assumed name being used by the corporation,
and such other | 7 | | information as may be required by the regulating authority.
All | 8 | | official correspondence from the regulating authority shall be | 9 | | mailed to the primary mailing address of the corporation except | 10 | | that the corporation may elect to have renewal and non-renewal | 11 | | notices sent to the registered agent of the corporation. Upon | 12 | | receipt of such application, the regulating authority, or some
| 13 | | administrative agency of government designated by it, shall | 14 | | make an
investigation of the corporation. If the regulating | 15 | | authority is the
Supreme Court it may designate the bar or | 16 | | legal association which
investigates and prefers charges | 17 | | against lawyers to it for disciplining. If
such authority finds | 18 | | that the incorporators, officers, directors and
shareholders | 19 | | are each licensed pursuant to the laws of Illinois to engage
in | 20 | | the particular profession or related professions involved | 21 | | (except that
the secretary of the corporation need not be so | 22 | | licensed), and if no
disciplinary action is pending before it | 23 | | against any of them, and if it
appears that the corporation | 24 | | will be conducted in compliance with the law
and the | 25 | | regulations and rules of the regulating authority, such | 26 | | authority,
shall issue, upon payment of a registration fee of |
| | | 09900HB3547ham002 | - 31 - | LRB099 03648 KTG 34668 a |
|
| 1 | | $50, a certificate of
registration.
| 2 | | A separate application shall be submitted for each business | 3 | | location in Illinois. If the corporation is using more than one | 4 | | fictitious or assumed name and has an address different from | 5 | | that of the parent company, a separate application shall be | 6 | | submitted for each fictitious or assumed name. | 7 | | Upon written application of the holder, the
regulating | 8 | | authority which originally issued the certificate of
| 9 | | registration shall renew the certificate if it finds that the | 10 | | corporation
has complied with its regulations and the | 11 | | provisions of this Act.
| 12 | | The fee for the renewal of a certificate of registration | 13 | | shall be calculated
at the rate of $40 per year.
| 14 | | The certificate of registration shall be conspicuously | 15 | | posted upon the
premises to which it is applicable , and the | 16 | | professional corporation shall
have only those offices which | 17 | | are designated by street address in the
articles of | 18 | | incorporation, or as changed by amendment of such articles . No
| 19 | | certificate of registration shall be assignable.
| 20 | | (b) Moneys collected under this Section from a professional | 21 | | corporation organized to practice law shall be deposited into | 22 | | the Supreme Court Special Purposes Fund. | 23 | | (c) After the effective date of this amendatory Act of the | 24 | | 98th General Assembly, the amount of any fee collected under | 25 | | this Section from a professional corporation organized to | 26 | | practice law may be set by Supreme Court rule, except that the |
| | | 09900HB3547ham002 | - 32 - | LRB099 03648 KTG 34668 a |
|
| 1 | | amount of the fees shall remain as set by statute until the | 2 | | Supreme Court adopts rules specifying a higher or lower fee | 3 | | amount. | 4 | | (Source: P.A. 98-324, eff. 10-1-13.)
| 5 | | (805 ILCS 10/12.1) (from Ch. 32, par. 415-12.1)
| 6 | | Sec. 12.1.
Any corporation which on 2 occasions issues or | 7 | | delivers a
check or other order to the Department of Financial | 8 | | and Professional Regulation
which is not honored by the | 9 | | financial institution upon which it is drawn
because of | 10 | | insufficient funds on account, shall pay to the
Department, in | 11 | | addition to the amount owing upon such check or other order,
a | 12 | | fee of $50. If such check or other order was issued or | 13 | | delivered in payment
of a renewal fee and the corporation whose | 14 | | certificate of registration has
lapsed continues to practice as | 15 | | a corporation without paying the renewal
fee and the $50 fee | 16 | | required under this Section, an additional fee of $100
shall be | 17 | | imposed for practicing without a current license. The | 18 | | Department
shall notify the corporation whose certificate of | 19 | | registration has lapsed,
within 30 days after the discovery by | 20 | | the Department that such corporation
is operating without a | 21 | | current certificate, that the corporation is
operating without | 22 | | a certificate, and of the amount due to the Department,
which | 23 | | shall include the lapsed renewal fee and all other fees | 24 | | required by
this Section. If after the expiration of 30 days | 25 | | from the date of such
notification, the corporation whose |
| | | 09900HB3547ham002 | - 33 - | LRB099 03648 KTG 34668 a |
|
| 1 | | certificate has lapsed seeks a current
certificate, it shall | 2 | | thereafter apply to the Department
for reinstatement of the | 3 | | certificate and pay all fees due to the Department.
The | 4 | | Department may establish a fee for the processing of an | 5 | | application
for reinstatement of a certificate which allows the | 6 | | Department to pay all costs
and expenses incident to the | 7 | | processing of this application. The Director
may waive the fees | 8 | | due under this Section in individual cases where he finds
that | 9 | | in the particular case such fees would be unreasonable or | 10 | | unnecessarily
burdensome.
| 11 | | (Source: P.A. 85-1209.)
| 12 | | (805 ILCS 10/13) (from Ch. 32, par. 415-13)
| 13 | | Sec. 13.
The regulating authority which issued the | 14 | | certificate of
registration may suspend or revoke the | 15 | | certificate or may otherwise discipline the certificate holder | 16 | | it for any of the following reasons:
| 17 | | (a) The revocation or suspension of the license to practice | 18 | | the
profession of any officer, director, shareholder or | 19 | | employee not promptly
removed or discharged by the corporation; | 20 | | (b) unethical professional
conduct on the part of any officer, | 21 | | director, shareholder or employee not
promptly removed or | 22 | | discharged by the corporation; (c) the death of the
last | 23 | | remaining shareholder; (d) upon finding that
the holder of a | 24 | | certificate has failed to comply with the provisions of
this | 25 | | Act or the regulations prescribed by the regulating authority |
| | | 09900HB3547ham002 | - 34 - | LRB099 03648 KTG 34668 a |
|
| 1 | | that
issued it; or (e) the failure to file a return, or to pay | 2 | | the tax,
penalty or interest shown in a filed return, or to pay | 3 | | any final assessment
of tax, penalty or interest, as required | 4 | | by any tax Act administered by the
Illinois Department of | 5 | | Revenue, until such time as the requirements of any
such tax | 6 | | Act are satisfied.
| 7 | | Before any certificate of registration is suspended or | 8 | | revoked, the
holder shall be given written notice of the | 9 | | proposed action and the reasons
therefor, and shall provide a | 10 | | public hearing by the regulating authority,
with the right to | 11 | | produce testimony and other evidence concerning the
charges | 12 | | made. The notice shall also state the place and date of the | 13 | | hearing
which shall be at least 10 days after service of said | 14 | | notice.
| 15 | | All orders of regulating authorities denying an | 16 | | application for a
certificate of registration , or suspending or | 17 | | revoking a certificate of
registration , or imposing a civil | 18 | | penalty shall be subject to judicial review pursuant to the | 19 | | provisions
of the Administrative Review Law, as now or | 20 | | hereafter amended, and the
rules adopted pursuant thereto then | 21 | | in force.
| 22 | | The proceedings for judicial review shall be commenced in | 23 | | the circuit court of the county in which the party applying for | 24 | | review is located. If the party is not currently located in | 25 | | Illinois, the venue shall be in Sangamon County. The regulating | 26 | | authority shall not be required to certify any record to the |
| | | 09900HB3547ham002 | - 35 - | LRB099 03648 KTG 34668 a |
|
| 1 | | court or file any answer in court or otherwise appear in any | 2 | | court in a judicial review proceeding, unless and until the | 3 | | regulating authority has received from the plaintiff payment of | 4 | | the costs of furnishing and certifying the record, which costs | 5 | | shall be determined by the regulating authority. Exhibits shall | 6 | | be certified without cost. Failure on the part of the plaintiff | 7 | | to file a receipt in court is grounds for dismissal of the | 8 | | action. | 9 | | (Source: P.A. 85-1222.)
| 10 | | (805 ILCS 10/13.5 new) | 11 | | Sec. 13.5. Notice of violation. Whenever the regulating | 12 | | authority has reason to believe a corporation has opened, | 13 | | operated, or maintained an establishment for any of the | 14 | | purposes for which a corporation may be organized under this | 15 | | Act without a certificate of registration from the regulating | 16 | | authority authorized by law to license individuals to engage in | 17 | | the profession or related professions, the regulating | 18 | | authority may issue a notice of violation to the corporation. | 19 | | The notice of violation shall provide a period of 30 days from | 20 | | the date of the notice to either file an answer to the | 21 | | satisfaction of the regulating authority or submit an | 22 | | application for registration in compliance with this Act, | 23 | | including payment of the $50 application fee and a late fee of | 24 | | $100 for each year that the corporation opened, operated, or | 25 | | maintained an establishment for any of the purposes for which a |
| | | 09900HB3547ham002 | - 36 - | LRB099 03648 KTG 34668 a |
|
| 1 | | corporation may be organized under this Act without having been | 2 | | issued a certificate of registration, with a maximum late fee | 3 | | of $500. If the corporation that is the subject of the notice | 4 | | of violation fails to respond, fails to respond to the | 5 | | satisfaction of the regulating authority, or fails to submit an | 6 | | application for registration, the regulating authority may | 7 | | institute disciplinary proceedings against the corporation and | 8 | | may impose a civil penalty up to $1,000 for violation of this | 9 | | Act after affording the corporation a hearing in conformance | 10 | | with the requirements of this Act. | 11 | | (805 ILCS 10/15.5 new) | 12 | | Sec. 15.5. Confidentiality. All information collected by | 13 | | the regulating authority in the course of an examination or | 14 | | investigation of a holder of a certificate of registration or | 15 | | an applicant, including, but not limited to, any complaint | 16 | | against a holder of a certificate of registration filed with | 17 | | the regulating authority and information collected to | 18 | | investigate any such complaint, shall be maintained for the | 19 | | confidential use of the regulating authority and shall not be | 20 | | disclosed. The regulating authority may not disclose the | 21 | | information to anyone other than law enforcement officials, | 22 | | other regulatory agencies that have an appropriate regulatory | 23 | | interest as determined by the regulating authority, or a party | 24 | | presenting a lawful subpoena to the regulating authority. | 25 | | Information and documents disclosed to a federal, State, |
| | | 09900HB3547ham002 | - 37 - | LRB099 03648 KTG 34668 a |
|
| 1 | | county, or local law enforcement agency shall not be disclosed | 2 | | by the agency for any purpose to any other agency or person. A | 3 | | formal complaint filed against a holder of a certificate of | 4 | | registration or an applicant shall be a public record, except | 5 | | as otherwise prohibited by law. | 6 | | Section 935. The Medical Corporation Act is amended by | 7 | | changing Sections 2, 5, 5.1, 8, 10, 11, 12, 13, and 15 and by | 8 | | adding Sections 13.5 and 16.5 as follows:
| 9 | | (805 ILCS 15/2) (from Ch. 32, par. 632)
| 10 | | Sec. 2.
One or more persons licensed pursuant to the | 11 | | Medical Practice Act
of 1987, as heretofore or hereafter | 12 | | amended, may form a corporation
pursuant to the "Business | 13 | | Corporation Act of 1983", as amended, to own,
operate and | 14 | | maintain an establishment for the study, diagnosis and
| 15 | | treatment of human ailments and injuries, whether physical or | 16 | | mental, and
to promote medical, surgical and scientific | 17 | | research and knowledge;
provided that medical or surgical | 18 | | treatment, consultation or advice may be
given by shareholders, | 19 | | directors, officers, agents, and employees of the corporation | 20 | | only if they are licensed pursuant to
the Medical Practice Act | 21 | | of 1987; and provided further, however, that
nothing herein | 22 | | shall prohibit an attorney licensed to practice law in
Illinois | 23 | | from signing and acting as initial incorporator on behalf of
| 24 | | such corporation.
|
| | | 09900HB3547ham002 | - 38 - | LRB099 03648 KTG 34668 a |
|
| 1 | | (Source: P.A. 85-1209.)
| 2 | | (805 ILCS 15/5) (from Ch. 32, par. 635)
| 3 | | Sec. 5.
No corporation shall open, operate or maintain an | 4 | | establishment for
any of the purposes set forth in Section 2 of | 5 | | this Act without a
certificate of registration from the | 6 | | Department of Financial and Professional
Regulation, | 7 | | hereinafter called the Department. Application for such
| 8 | | registration shall be made to the Department in writing and | 9 | | shall contain
the name and primary mailing address of the | 10 | | corporation , the name and address of the corporation's | 11 | | registered agent, the address of the practice location | 12 | | maintained by the corporation, each assumed name being used by | 13 | | the corporation, and such other information as may
be required | 14 | | by the Department. All official correspondence from the | 15 | | Department shall be mailed to the primary mailing address of | 16 | | the corporation except that the corporation may elect to have | 17 | | renewal and non-renewal notices sent to the registered agent of | 18 | | the corporation. Upon receipt of such application, the
| 19 | | Department shall make an investigation of the corporation. If | 20 | | the
Department finds that the incorporators, officers, | 21 | | directors and
shareholders are all licensed pursuant to the | 22 | | Medical Practice Act of
1987 and if no disciplinary action is | 23 | | pending before the Department
against any of them, and if it | 24 | | appears that the corporation will be
conducted in compliance | 25 | | with law and the regulations of the Department, the
Department |
| | | 09900HB3547ham002 | - 39 - | LRB099 03648 KTG 34668 a |
|
| 1 | | shall issue, upon payment of a registration fee of $50, a
| 2 | | certificate of registration.
| 3 | | (Source: P.A. 85-1209.)
| 4 | | (805 ILCS 15/5.1)
| 5 | | Sec. 5.1. Deposit of fees and fines. Beginning July 1, | 6 | | 2003,
all of the fees , civil penalties, and fines collected | 7 | | under this Act shall be deposited into the
General Professions | 8 | | Dedicated Fund.
| 9 | | (Source: P.A. 93-32, eff. 7-1-03.)
| 10 | | (805 ILCS 15/8) (from Ch. 32, par. 638)
| 11 | | Sec. 8.
In the event of a change of location of the | 12 | | registered
establishment, the corporation shall notify the | 13 | | Department, in accordance with its regulations, and the | 14 | | Department shall
amend the certificate of registration so that | 15 | | it shall apply to the new
location.
| 16 | | (Source: Laws 1963, p. 3513.)
| 17 | | (805 ILCS 15/10) (from Ch. 32, par. 640)
| 18 | | Sec. 10.
The Department may suspend or revoke any | 19 | | certificate of
registration or may otherwise discipline the | 20 | | certificate holder for any of the following reasons: (a) the | 21 | | revocation or
suspension of the license to practice medicine of | 22 | | any officer, director,
shareholder or employee not promptly | 23 | | removed or discharged by the
corporation; (b) unethical |
| | | 09900HB3547ham002 | - 40 - | LRB099 03648 KTG 34668 a |
|
| 1 | | professional conduct on the part of any officer,
director, | 2 | | shareholder or employee not promptly removed or discharged by | 3 | | the
corporation; (c) the death of the last remaining | 4 | | shareholder; or (d) upon
finding that the holder of a | 5 | | certificate has failed to comply with the
provisions of this | 6 | | Act or the regulations prescribed by the Department.
| 7 | | The Department may refuse to issue or renew or may suspend | 8 | | the certificate of
any corporation which fails to file a | 9 | | return, or to pay the tax, penalty or
interest shown in a filed | 10 | | return, or to pay any final assessment of tax,
penalty or | 11 | | interest, as required by any tax Act administered by the
| 12 | | Illinois Department of Revenue, until such time as the | 13 | | requirements of any
such tax Act are satisfied.
| 14 | | (Source: P.A. 85-1222.)
| 15 | | (805 ILCS 15/11) (from Ch. 32, par. 641)
| 16 | | Sec. 11.
Before any certificate of registration is | 17 | | suspended or revoked,
the holder shall be given written notice | 18 | | of the proposed action and the
reasons therefor, and shall be | 19 | | given a public hearing by the Department
with the right to | 20 | | produce testimony concerning the charges made. The notice
shall | 21 | | also state the place and date of the hearing which shall be at | 22 | | least 10
5 days after service of said notice.
| 23 | | (Source: Laws 1963, p. 3513.)
| 24 | | (805 ILCS 15/12) (from Ch. 32, par. 642)
|
| | | 09900HB3547ham002 | - 41 - | LRB099 03648 KTG 34668 a |
|
| 1 | | Sec. 12.
The provisions of the Administrative Review Law,
| 2 | | as heretofore
or hereafter amended, and all rules adopted | 3 | | pursuant thereto, shall apply
to and govern all proceedings for | 4 | | the judicial review of final
administrative decisions of the | 5 | | Department hereunder. The term
"administrative decision" is | 6 | | defined as in Section 3-101 of the Code of
Civil Procedure.
| 7 | | The proceedings for judicial review shall be commenced in | 8 | | the circuit court of the county in which the party applying for | 9 | | review is located. If the party is not currently located in | 10 | | Illinois, the venue shall be in Sangamon County. The Department | 11 | | shall not be required to certify any record to the court or | 12 | | file any answer in court or otherwise appear in any court in a | 13 | | judicial review proceeding, unless and until the Department has | 14 | | received from the plaintiff payment of the costs of furnishing | 15 | | and certifying the record, which costs shall be determined by | 16 | | the Department. Exhibits shall be certified without cost. | 17 | | Failure on the part of the plaintiff to file a receipt in court | 18 | | is grounds for dismissal of the action. | 19 | | (Source: P.A. 82-783.)
| 20 | | (805 ILCS 15/13) (from Ch. 32, par. 643)
| 21 | | Sec. 13.
(a) All of the officers, directors and | 22 | | shareholders of a corporation
subject to this Act shall at all | 23 | | times be persons licensed pursuant to the
Medical Practice Act | 24 | | of 1987. No person who is not so licensed shall
have any part | 25 | | in the ownership, management, or control of such corporation,
|
| | | 09900HB3547ham002 | - 42 - | LRB099 03648 KTG 34668 a |
|
| 1 | | nor may any proxy to vote any shares of such corporation be | 2 | | given to a
person who is not so licensed. Notwithstanding any | 3 | | provisions to the
contrary in the "Business Corporation Act of | 4 | | 1983", as now or hereafter
amended, if all of the shares of a | 5 | | corporation subject to this Act are
owned by one shareholder, | 6 | | the office of president and secretary may be held
by the same | 7 | | person.
| 8 | | (b) No corporation may issue any of its capital stock to | 9 | | anyone other than an individual who is duly licensed under the | 10 | | Medical Practice Act of 1987. No shareholder shall enter into a | 11 | | voting trust agreement or any other type of agreement vesting | 12 | | another person with the authority to exercise the voting power | 13 | | of any of his or her stock. | 14 | | (c) A corporation may, for purposes of dissolution, have as | 15 | | its shareholders, directors, officers, agents, and employees | 16 | | individuals who are not licensed under the Medical Practice Act | 17 | | of 1987, provided that the corporation does not render any | 18 | | medical services nor hold itself out as capable of or available | 19 | | to render medical services during the period of dissolution. | 20 | | The Department shall not issue or renew any certificate of | 21 | | authority to a corporation during the period of dissolution. A | 22 | | copy of the certificate of dissolution, as issued by the | 23 | | Secretary of State, shall be delivered to the Department within | 24 | | 30 days after its receipt by the incorporators. | 25 | | (Source: P.A. 85-1209.)
|
| | | 09900HB3547ham002 | - 43 - | LRB099 03648 KTG 34668 a |
|
| 1 | | (805 ILCS 15/13.5 new) | 2 | | Sec. 13.5. Notice of violation. Whenever the Department has | 3 | | reason to believe a corporation has opened, operated, or | 4 | | maintained an establishment for any of the purposes for which a | 5 | | corporation may be organized under this Act without a | 6 | | certificate of registration from the Department, the | 7 | | Department may issue a notice of violation to the corporation. | 8 | | The notice of violation shall provide a period of 30 days from | 9 | | the date of the notice to either file an answer to the | 10 | | satisfaction of the Department or submit an application for | 11 | | registration in compliance with this Act, including payment of | 12 | | the $50 application fee and a late fee of $100 for each year | 13 | | that the corporation opened, operated, or maintained an | 14 | | establishment for any of the purposes for which a corporation | 15 | | may be organized under this Act without having been issued a | 16 | | certification of registration, with a maximum late fee of $500. | 17 | | If the corporation that is the subject of the notice of | 18 | | violation fails to respond, fails to respond to the | 19 | | satisfaction of the Department, or fails to submit an | 20 | | application for registration, the Department may institute | 21 | | disciplinary proceedings against the corporation and may | 22 | | impose a civil penalty up to $1,000 for violation of this Act | 23 | | after affording the corporation a hearing in conformance with | 24 | | the requirements of this Act.
| 25 | | (805 ILCS 15/15) (from Ch. 32, par. 645)
|
| | | 09900HB3547ham002 | - 44 - | LRB099 03648 KTG 34668 a |
|
| 1 | | Sec. 15.
Each individual shareholder, director, officer, | 2 | | agent, or employee licensed pursuant to the Medical
Practice | 3 | | Act of 1987 who is employed by a corporation subject to this
| 4 | | Act shall remain subject to reprimand or discipline for his | 5 | | conduct under
the provisions of the Medical Practice Act of | 6 | | 1987.
| 7 | | (Source: P.A. 85-1209.)
| 8 | | (805 ILCS 15/16.5 new) | 9 | | Sec. 16.5. Confidentiality. All information collected by | 10 | | the Department in the course of an examination or investigation | 11 | | of a holder of a certificate of registration or an applicant, | 12 | | including, but not limited to, any complaint against a holder | 13 | | of a certificate of registration filed with the Department and | 14 | | information collected to investigate any such complaint, shall | 15 | | be maintained for the confidential use of the Department and | 16 | | shall not be disclosed. The Department may not disclose the | 17 | | information to anyone other than law enforcement officials, | 18 | | other regulatory agencies that have an appropriate regulatory | 19 | | interest as determined by the Secretary, or a party presenting | 20 | | a lawful subpoena to the Department. Information and documents | 21 | | disclosed to a federal, State, county, or local law enforcement | 22 | | agency shall not be disclosed by the agency for any purpose to | 23 | | any other agency or person. A formal complaint filed against a | 24 | | holder of a certificate of registration by the Department or | 25 | | any order issued by the Department against a holder of a |
| | | 09900HB3547ham002 | - 45 - | LRB099 03648 KTG 34668 a |
|
| 1 | | certificate of registration or an applicant shall be a public | 2 | | record, except as otherwise prohibited by law.
| 3 | | Section 940. The Limited Liability Company Act is amended | 4 | | by changing Sections 1-10, 1-25, 1-28, 5-5, and 5-55 as | 5 | | follows:
| 6 | | (805 ILCS 180/1-10)
| 7 | | Sec. 1-10. Limited liability company name.
| 8 | | (a) The name of each limited liability company or foreign | 9 | | limited liability company organized, existing, or subject to | 10 | | the provisions of this Act:
| 11 | | (1) shall contain the terms "limited liability
| 12 | | company", "L.L.C.", or "LLC", or, if organized as a | 13 | | low-profit limited liability company under Section 1-26 of | 14 | | this Act, shall contain the term "L3C";
| 15 | | (2) may not contain a word or phrase, or an
| 16 | | abbreviation or derivation thereof, the use of which is
| 17 | | prohibited or restricted by any other statute of this
State | 18 | | unless the restriction has been complied with;
| 19 | | (3) shall consist of letters of the English
alphabet, | 20 | | Arabic or Roman numerals, or symbols capable
of being | 21 | | readily reproduced by the Office of the
Secretary of State;
| 22 | | (4) shall not contain any of the following terms:
| 23 | | "Corporation," "Corp.," "Incorporated," "Inc.," "Ltd.,"
| 24 | | "Co.," "Limited Partnership" or "L.P.";
|
| | | 09900HB3547ham002 | - 46 - | LRB099 03648 KTG 34668 a |
|
| 1 | | (5) shall be the name under which the limited
liability | 2 | | company transacts business in this State
unless the limited | 3 | | liability company also elects to
adopt an assumed name or | 4 | | names as provided in this Act;
provided, however, that the | 5 | | limited liability company
may use any divisional | 6 | | designation or trade name without
complying with the | 7 | | requirements of this Act, provided
the limited liability | 8 | | company also clearly discloses its
name;
| 9 | | (6) shall not contain any word or phrase that indicates | 10 | | or implies that
the limited liability company is authorized | 11 | | or empowered to be in the business
of a corporate fiduciary | 12 | | unless otherwise permitted by the Secretary of Financial | 13 | | and Professional Regulation Commissioner of the
Office of | 14 | | Banks and Real Estate under Section 1-9 of the Corporate | 15 | | Fiduciary
Act. The word "trust", "trustee", or "fiduciary" | 16 | | may be used by a limited
liability company only if it has | 17 | | first complied with Section 1-9 of the
Corporate Fiduciary | 18 | | Act; and
| 19 | | (7) shall contain the word "trust", if it is a limited | 20 | | liability company
organized for the purpose of accepting | 21 | | and executing trusts . ; and
| 22 | | (8) shall not, as to any limited liability company | 23 | | organized or amending its company name on or after April 3, | 24 | | 2009 (the effective date of Public Act 96-7), without the | 25 | | express written consent of the United States Olympic | 26 | | Committee, contain the words: (i) "Olympic"; (ii) |
| | | 09900HB3547ham002 | - 47 - | LRB099 03648 KTG 34668 a |
|
| 1 | | "Olympiad"; (iii) "Paralympic"; (iv) "Paralympiad"; (v) | 2 | | "Citius Altius Fortius"; or (vi) "CHICOG". | 3 | | (b) Nothing in this Section or Section 1-20 shall
abrogate | 4 | | or limit the common law or statutory law of unfair
competition | 5 | | or unfair trade practices, nor derogate from the
common law or | 6 | | principles of equity or the statutes of this
State or of the | 7 | | United States of America with respect to the
right to acquire | 8 | | and protect copyrights, trade names,
trademarks, service | 9 | | marks, service names, or any other right
to the exclusive use | 10 | | of names or symbols.
| 11 | | (c) (Blank).
| 12 | | (d) The name shall be distinguishable upon the records
in | 13 | | the Office of the Secretary of State from all of the following:
| 14 | | (1) Any limited liability company that has
articles of | 15 | | organization filed with the Secretary of
State under | 16 | | Section 5-5.
| 17 | | (2) Any foreign limited liability company admitted
to | 18 | | transact business in this State.
| 19 | | (3) Any name for which an exclusive right has been
| 20 | | reserved in the Office of the Secretary of State
under | 21 | | Section 1-15.
| 22 | | (4) Any assumed name that is registered with the
| 23 | | Secretary of State under Section 1-20.
| 24 | | (5) Any corporate name or assumed corporate name of a | 25 | | domestic or
foreign corporation subject to the provisions | 26 | | of Section 4.05 of the
Business Corporation Act of 1983
or |
| | | 09900HB3547ham002 | - 48 - | LRB099 03648 KTG 34668 a |
|
| 1 | | Section 104.05 of the General Not For Profit Corporation | 2 | | Act of 1986.
| 3 | | (e) The provisions of subsection (d) of this Section
shall | 4 | | not apply if the organizer files with the Secretary of
State a | 5 | | certified copy of a final decree of a court of
competent | 6 | | jurisdiction establishing the prior right of the
applicant to | 7 | | the use of that name in this State.
| 8 | | (f) The Secretary of State shall determine whether a
name | 9 | | is "distinguishable" from another name for the purposes
of this | 10 | | Act. Without excluding other names that may not
constitute | 11 | | distinguishable names in this State, a name is not
considered | 12 | | distinguishable, for purposes of this Act, solely
because it | 13 | | contains one or more of the following:
| 14 | | (1) The word "limited", "liability" or "company"
or an | 15 | | abbreviation of one of those words.
| 16 | | (2) Articles, conjunctions, contractions,
| 17 | | abbreviations, or different tenses or number of the same
| 18 | | word.
| 19 | | (Source: P.A. 98-720, eff. 7-16-14.)
| 20 | | (805 ILCS 180/1-25)
| 21 | | Sec. 1-25. Nature of business. | 22 | | (a) A limited liability company may be formed
for any | 23 | | lawful purpose or business except:
| 24 | | (1) (blank);
| 25 | | (2) insurance unless, for the purpose of carrying on |
| | | 09900HB3547ham002 | - 49 - | LRB099 03648 KTG 34668 a |
|
| 1 | | business as a member
of a group including incorporated and | 2 | | individual unincorporated underwriters,
the Director of | 3 | | Insurance finds that the group meets the requirements of
| 4 | | subsection (3) of Section 86 of the Illinois Insurance Code | 5 | | and the limited
liability company, if insolvent, is subject | 6 | | to liquidation by the Director of
Insurance under Article | 7 | | XIII of the Illinois Insurance Code;
| 8 | | (3) the practice of dentistry unless all the members | 9 | | and managers are
licensed as dentists under the Illinois | 10 | | Dental Practice Act; or
| 11 | | (4) the practice of medicine unless all the managers, | 12 | | if any, are
licensed to practice medicine under the Medical | 13 | | Practice Act of 1987 and each
member is either:
| 14 | | (A) licensed to practice medicine under the | 15 | | Medical Practice Act of
1987; or
| 16 | | (B) a registered medical corporation or | 17 | | corporations organized pursuant
to the Medical | 18 | | Corporation Act; or
| 19 | | (C) a professional corporation organized pursuant | 20 | | to the Professional
Service Corporation Act of | 21 | | physicians licensed to practice under the Medical | 22 | | Practice Act of 1987; or | 23 | | (C-5) a hospital or hospital affiliate as defined | 24 | | in Section 10.8 of the Hospital Licensing Act; or
| 25 | | (D) a limited liability company that satisfies the | 26 | | requirements of
subparagraph (A), (B), or (C) , or |
| | | 09900HB3547ham002 | - 50 - | LRB099 03648 KTG 34668 a |
|
| 1 | | (C-5); .
| 2 | | (5) the practice of real estate unless all the | 3 | | managers, if any, or every member in a member-managed | 4 | | company are licensed to practice as a managing broker or | 5 | | broker pursuant to the Real Estate License Act of 2000; | 6 | | (6) the practice of clinical psychology unless all the | 7 | | managers and members are licensed to practice as a clinical | 8 | | psychologist under the Clinical Psychologist Licensing | 9 | | Act; | 10 | | (7) the practice of social work unless all the managers | 11 | | and members are licensed to practice as a clinical social | 12 | | worker or social worker under the Clinical Social Work and | 13 | | Social Work Practice Act; | 14 | | (8) the practice of marriage and family therapy unless | 15 | | all the managers and members are licensed to practice as a | 16 | | marriage and family therapist under the Marriage and Family | 17 | | Therapy Licensing Act; | 18 | | (9) the practice of professional counseling unless all | 19 | | the managers and members are licensed to practice as a | 20 | | clinical professional counselor or a professional | 21 | | counselor under the Professional Counselor and Clinical | 22 | | Professional Counselor Licensing and Practice Act; | 23 | | (10) the practice of sex offender evaluations unless | 24 | | all the managers and members are licensed to practice as a | 25 | | sex offender evaluator under the Sex Offender Evaluation | 26 | | and Treatment Provider Act; or |
| | | 09900HB3547ham002 | - 51 - | LRB099 03648 KTG 34668 a |
|
| 1 | | (11) the practice of veterinary medicine unless all the | 2 | | managers and members are licensed to practice as a | 3 | | veterinarian under the Veterinary Medicine and Surgery | 4 | | Practice Act of 2004. | 5 | | (b) Notwithstanding any provision of this Section, any of | 6 | | the following professional services may be combined and offered | 7 | | within a single company provided that each professional service | 8 | | is only offered by persons licensed to provide that | 9 | | professional service and all managers and members are licensed | 10 | | in at least one of the professional services offered by the | 11 | | company: | 12 | | (1) the practice of medicine by physicians licensed | 13 | | under the Medical Practice Act of 1987, the practice of | 14 | | podiatry by podiatrists licensed under the Podiatric | 15 | | Medical Practice Act of 1987, the practice of dentistry by | 16 | | dentists licensed under the Illinois Dental Practice Act, | 17 | | and the practice of optometry by optometrists licensed | 18 | | under the Illinois Optometric Practice Act of 1987; or | 19 | | (2) the practice of clinical psychology by clinical | 20 | | psychologists licensed under the Clinical Psychologist | 21 | | Licensing Act, the practice of social work by clinical | 22 | | social workers or social workers licensed under the | 23 | | Clinical Social Work and Social Work Practice Act, the | 24 | | practice of marriage and family counseling by marriage and | 25 | | family therapists licensed under the Marriage and Family | 26 | | Therapy Licensing Act, the practice of professional |
| | | 09900HB3547ham002 | - 52 - | LRB099 03648 KTG 34668 a |
|
| 1 | | counseling by professional counselors and clinical | 2 | | professional counselors licensed under the Professional | 3 | | Counselor and Clinical Professional Counselor Licensing | 4 | | and Practice Act, and the practice of sex offender | 5 | | evaluations by sex offender evaluators licensed under the | 6 | | Sex Offender Evaluation and Treatment Provider Act. | 7 | | (c) Professional limited liability companies may be | 8 | | organized under this Act. | 9 | | (Source: P.A. 95-331, eff. 8-21-07; 95-738, eff. 1-1-09.)
| 10 | | (805 ILCS 180/1-28) | 11 | | Sec. 1-28. Certificate of Registration; Department of | 12 | | Financial and Professional Regulation. This Section applies | 13 | | only to a limited liability company that intends to provide, or | 14 | | does provide, professional services that require the | 15 | | individuals engaged in the profession to be licensed by the | 16 | | Department of Financial and Professional Regulation. Under the | 17 | | Professional Limited Liability Company Act, the definition of a | 18 | | professional limited liability company is a limited liability | 19 | | company that intends to provide, or does provide, professional | 20 | | services that require the individual engaged in the | 21 | | professional service to be licensed by the Department of | 22 | | Financial and Professional Regulation. A limited liability | 23 | | company covered by this Section shall not open, operate, or | 24 | | maintain an establishment for any of the purposes for which a | 25 | | limited liability company may be organized under this Act |
| | | 09900HB3547ham002 | - 53 - | LRB099 03648 KTG 34668 a |
|
| 1 | | without obtaining a certificate of registration from the | 2 | | Department pursuant to the Professional Limited Liability | 3 | | Company Act . | 4 | | Application for such registration shall be made in writing | 5 | | and shall contain the name and address of the limited liability | 6 | | company and such other information as may be required by the | 7 | | Department. Upon receipt of such application, the Department | 8 | | shall make an investigation of the limited liability company. | 9 | | If the Department finds that the organizers, managers, and | 10 | | members are each licensed pursuant to the laws of Illinois to | 11 | | engage in the particular profession or related professions | 12 | | involved (except that an initial organizer may be a licensed | 13 | | attorney) and if no disciplinary action is pending before the | 14 | | Department against any of them and if it appears that the | 15 | | limited liability company will be conducted in compliance with | 16 | | the law and the rules and regulations of the Department, the | 17 | | Department shall issue, upon payment of a registration fee of | 18 | | $50, a certificate of registration. | 19 | | Upon written application of the holder, the Department | 20 | | shall renew the certificate if it finds that the limited | 21 | | liability company has complied with its regulations and the | 22 | | provisions of this Act and the applicable licensing Act. This | 23 | | fee for the renewal of a certificate of registration shall be | 24 | | calculated at the rate of $40 per year.
The certificate of | 25 | | registration shall be conspicuously posted upon the premises to | 26 | | which it is applicable, and the limited liability company shall |
| | | 09900HB3547ham002 | - 54 - | LRB099 03648 KTG 34668 a |
|
| 1 | | have only those offices which are designated by street address | 2 | | in the articles of organization, or as changed by amendment of | 3 | | such articles. A certificate of registration shall not be | 4 | | assignable. | 5 | | All fees collected under this Section shall be deposited | 6 | | into the General Professions Dedicated Fund.
| 7 | | (Source: P.A. 96-679, eff. 8-25-09; 96-984, eff. 1-1-11; | 8 | | 96-1000, eff. 7-2-10.)
| 9 | | (805 ILCS 180/5-5)
| 10 | | Sec. 5-5. Articles of organization.
| 11 | | (a) The articles of organization shall set forth all of
the | 12 | | following:
| 13 | | (1) The name of the limited liability company and
the | 14 | | address of its principal place of business which
may, but | 15 | | need not be a place of business in this State.
| 16 | | (2) The purposes for which the limited liability
| 17 | | company is organized, which may be stated to be, or to
| 18 | | include, the transaction of any or all lawful businesses
| 19 | | for which limited liability companies may be organized
| 20 | | under this Act.
| 21 | | (3) The name of its registered agent and the
address of | 22 | | its registered office.
| 23 | | (4) If the limited liability company is to be
managed | 24 | | by a manager or managers, the names and
business
addresses | 25 | | of the initial manager or managers.
|
| | | 09900HB3547ham002 | - 55 - | LRB099 03648 KTG 34668 a |
|
| 1 | | (5) If management of the limited liability company
is | 2 | | to be vested in the members
under Section 15-1, then the | 3 | | names and addresses of the
initial member or members.
| 4 | | (5.5) The duration of the limited liability company, | 5 | | which shall be perpetual unless otherwise stated.
| 6 | | (6) (Blank).
| 7 | | (7) The name and address of each organizer.
| 8 | | (8) Any other provision, not inconsistent with
law, | 9 | | that the members elect to set out in the articles
of | 10 | | organization for the regulation of the internal
affairs of | 11 | | the limited liability company, including any
provisions | 12 | | that, under this Act, are required or
permitted to be set | 13 | | out in the operating agreement of
the limited liability | 14 | | company.
| 15 | | (b) A limited liability company is organized at the
time | 16 | | articles of organization are filed by the Secretary of
State or | 17 | | at any later time, not more than 60 days after the
filing of | 18 | | the articles of organization, specified in the
articles of | 19 | | organization.
| 20 | | (c) Articles of organization for the organization of a | 21 | | limited liability
company for the purpose of accepting and | 22 | | executing trusts shall not be filed by
the Secretary of State | 23 | | until there is delivered to him or her a statement
executed by | 24 | | the Secretary of Financial and Professional Regulation | 25 | | Commissioner of the Office of Banks and Real Estate that the
| 26 | | organizers of the limited liability company have made |
| | | 09900HB3547ham002 | - 56 - | LRB099 03648 KTG 34668 a |
|
| 1 | | arrangements
with the Secretary of Financial and Professional | 2 | | Regulation
Commissioner of the Office of Banks and Real Estate | 3 | | to comply with the
Corporate Fiduciary Act.
| 4 | | (d) Articles of organization for the organization of a | 5 | | limited liability
company as a bank or a savings bank must be | 6 | | filed with the Department of Financial and Professional | 7 | | Regulation Commissioner of
Banks and Real Estate or,
if the | 8 | | bank or savings bank will be organized under federal law, with | 9 | | the
appropriate federal banking regulator.
| 10 | | (Source: P.A. 98-171, eff. 8-5-13.)
| 11 | | (805 ILCS 180/5-55)
| 12 | | Sec. 5-55. Filing in Office of Secretary of State.
| 13 | | (a) Whenever any provision of this Act requires a
limited | 14 | | liability company to file any document with the
Office of the | 15 | | Secretary of State, the requirement means that:
| 16 | | (1) the original document, executed as described
in | 17 | | Section 5-45, and, if required by this Act to be filed in | 18 | | duplicate, one
copy (which may be a signed
carbon or | 19 | | photocopy) shall be delivered to the Office
of the | 20 | | Secretary of State;
| 21 | | (2) all fees and charges authorized by law to be
| 22 | | collected by the Secretary of State in connection with
the | 23 | | filing of the document shall be tendered to the
Secretary | 24 | | of State; and
| 25 | | (3) unless the Secretary of State finds that the
|
| | | 09900HB3547ham002 | - 57 - | LRB099 03648 KTG 34668 a |
|
| 1 | | document does not conform to law, he or she shall,
when all | 2 | | fees have been paid:
| 3 | | (A) endorse on the original and on the copy
the | 4 | | word "Filed" and the month, day, and year of
the filing | 5 | | thereof;
| 6 | | (B) file in his or her office the original
of the | 7 | | document; and
| 8 | | (C) return the copy to the person who filed
it or | 9 | | to that person's representative.
| 10 | | (b) If another Section of this Act specifically
prescribes | 11 | | a manner of filing or signing a specified document
that differs | 12 | | from the corresponding provisions of this
Section, then the | 13 | | provisions of the other Section shall
govern.
| 14 | | (c) Whenever any provision of this Act requires a limited | 15 | | liability company
that is a bank or a savings bank to file any | 16 | | document, that requirement means
that the filing shall be made | 17 | | exclusively with the Department of Financial and Professional | 18 | | Regulation Commissioner of Banks and
Real Estate or, if the | 19 | | bank or savings bank is organized under federal law,
with the | 20 | | appropriate federal banking regulator at such times and in such
| 21 | | manner as required by the Department Commissioner or federal | 22 | | regulator.
| 23 | | (Source: P.A. 92-33, eff. 7-1-01; 93-561, eff. 1-1-04.)
| 24 | | Section 999. Effective date. This Act takes effect upon | 25 | | becoming law.".
|
|