State of Illinois
2017 and 2018


Introduced , by Rep. Tom Demmer


5 ILCS 80/4.36
105 ILCS 5/22-80
105 ILCS 25/1.20
225 ILCS 5/Act rep.
730 ILCS 5/5-5-5  from Ch. 38, par. 1005-5-5

    Repeals the Illinois Athletic Trainers Practice Act. Makes conforming changes in the Regulatory Sunset Act, the School Code, the Interscholastic Athletic Organization Act, and the Unified Code of Corrections. Effective immediately.

LRB100 16021 SMS 31140 b






HB5213LRB100 16021 SMS 31140 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Regulatory Sunset Act is amended by changing
5Section 4.36 as follows:
6    (5 ILCS 80/4.36)
7    Sec. 4.36. Acts repealed on January 1, 2026. The following
8Acts are repealed on January 1, 2026:
9    The Barber, Cosmetology, Esthetics, Hair Braiding, and
10Nail Technology Act of 1985.
11    The Collection Agency Act.
12    The Hearing Instrument Consumer Protection Act.
13    The Illinois Athletic Trainers Practice Act.
14    The Illinois Dental Practice Act.
15    The Illinois Roofing Industry Licensing Act.
16    The Illinois Physical Therapy Act.
17    The Professional Geologist Licensing Act.
18    The Respiratory Care Practice Act.
19(Source: P.A. 99-26, eff. 7-10-15; 99-204, eff. 7-30-15;
2099-227, eff. 8-3-15; 99-229, eff. 8-3-15; 99-230, eff. 8-3-15;
2199-427, eff. 8-21-15; 99-469, eff. 8-26-15; 99-492, eff.
2212-31-15; 99-642, eff. 7-28-16.)



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1    Section 10. The School Code is amended by changing Section
222-80 as follows:
3    (105 ILCS 5/22-80)
4    Sec. 22-80. Student athletes; concussions and head
6    (a) The General Assembly recognizes all of the following:
7        (1) Concussions are one of the most commonly reported
8    injuries in children and adolescents who participate in
9    sports and recreational activities. The Centers for
10    Disease Control and Prevention estimates that as many as
11    3,900,000 sports-related and recreation-related
12    concussions occur in the United States each year. A
13    concussion is caused by a blow or motion to the head or
14    body that causes the brain to move rapidly inside the
15    skull. The risk of catastrophic injuries or death are
16    significant when a concussion or head injury is not
17    properly evaluated and managed.
18        (2) Concussions are a type of brain injury that can
19    range from mild to severe and can disrupt the way the brain
20    normally works. Concussions can occur in any organized or
21    unorganized sport or recreational activity and can result
22    from a fall or from players colliding with each other, the
23    ground, or with obstacles. Concussions occur with or
24    without loss of consciousness, but the vast majority of
25    concussions occur without loss of consciousness.



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1        (3) Continuing to play with a concussion or symptoms of
2    a head injury leaves a young athlete especially vulnerable
3    to greater injury and even death. The General Assembly
4    recognizes that, despite having generally recognized
5    return-to-play standards for concussions and head
6    injuries, some affected youth athletes are prematurely
7    returned to play, resulting in actual or potential physical
8    injury or death to youth athletes in this State.
9        (4) Student athletes who have sustained a concussion
10    may need informal or formal accommodations, modifications
11    of curriculum, and monitoring by medical or academic staff
12    until the student is fully recovered. To that end, all
13    schools are encouraged to establish a return-to-learn
14    protocol that is based on peer-reviewed scientific
15    evidence consistent with Centers for Disease Control and
16    Prevention guidelines and conduct baseline testing for
17    student athletes.
18    (b) In this Section:
19    "Athletic trainer" means a person who, upon the direction
20of his or her team physician or consulting physician, carries
21out the practice of prevention/emergency care or physical
22reconditioning of injuries incurred by athletes participating
23in an athletic program conducted by an educational institution,
24professional athletic organization, or sanctioned amateur
25athletic organization employing the athletic trainer; or a
26person who, under the direction of a physician, carries out



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1comparable functions for a health organization-based
2extramural program of athletic training services for athletes
3an athletic trainer licensed under the Illinois Athletic
4Trainers Practice Act who is working under the supervision of a
6    "Coach" means any volunteer or employee of a school who is
7responsible for organizing and supervising students to teach
8them or train them in the fundamental skills of an
9interscholastic athletic activity. "Coach" refers to both head
10coaches and assistant coaches.
11    "Concussion" means a complex pathophysiological process
12affecting the brain caused by a traumatic physical force or
13impact to the head or body, which may include temporary or
14prolonged altered brain function resulting in physical,
15cognitive, or emotional symptoms or altered sleep patterns and
16which may or may not involve a loss of consciousness.
17    "Department" means the Department of Financial and
18Professional Regulation.
19    "Game official" means a person who officiates at an
20interscholastic athletic activity, such as a referee or umpire,
21including, but not limited to, persons enrolled as game
22officials by the Illinois High School Association or Illinois
23Elementary School Association.
24    "Interscholastic athletic activity" means any organized
25school-sponsored or school-sanctioned activity for students,
26generally outside of school instructional hours, under the



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1direction of a coach, athletic director, or band leader,
2including, but not limited to, baseball, basketball,
3cheerleading, cross country track, fencing, field hockey,
4football, golf, gymnastics, ice hockey, lacrosse, marching
5band, rugby, soccer, skating, softball, swimming and diving,
6tennis, track (indoor and outdoor), ultimate Frisbee,
7volleyball, water polo, and wrestling. All interscholastic
8athletics are deemed to be interscholastic activities.
9    "Licensed healthcare professional" means a person who has
10experience with concussion management and who is a nurse, a
11psychologist who holds a license under the Clinical
12Psychologist Licensing Act and specializes in the practice of
13neuropsychology, a physical therapist licensed under the
14Illinois Physical Therapy Act, an occupational therapist
15licensed under the Illinois Occupational Therapy Practice Act,
16a physician assistant, or an athletic trainer.
17    "Nurse" means a person who is employed by or volunteers at
18a school and is licensed under the Nurse Practice Act as a
19registered nurse, practical nurse, or advanced practice
20registered nurse.
21    "Physician" means a physician licensed to practice
22medicine in all of its branches under the Medical Practice Act
23of 1987.
24    "Physician assistant" means a physician assistant licensed
25under the Physician Assistant Practice Act of 1987.
26    "School" means any public or private elementary or



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1secondary school, including a charter school.
2    "Student" means an adolescent or child enrolled in a
4    (c) This Section applies to any interscholastic athletic
5activity, including practice and competition, sponsored or
6sanctioned by a school, the Illinois Elementary School
7Association, or the Illinois High School Association. This
8Section applies beginning with the 2016-2017 school year.
9    (d) The governing body of each public or charter school and
10the appropriate administrative officer of a private school with
11students enrolled who participate in an interscholastic
12athletic activity shall appoint or approve a concussion
13oversight team. Each concussion oversight team shall establish
14a return-to-play protocol, based on peer-reviewed scientific
15evidence consistent with Centers for Disease Control and
16Prevention guidelines, for a student's return to
17interscholastic athletics practice or competition following a
18force or impact believed to have caused a concussion. Each
19concussion oversight team shall also establish a
20return-to-learn protocol, based on peer-reviewed scientific
21evidence consistent with Centers for Disease Control and
22Prevention guidelines, for a student's return to the classroom
23after that student is believed to have experienced a
24concussion, whether or not the concussion took place while the
25student was participating in an interscholastic athletic



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1    Each concussion oversight team must include to the extent
2practicable at least one physician. If a school employs an
3athletic trainer, the athletic trainer must be a member of the
4school concussion oversight team to the extent practicable. If
5a school employs a nurse, the nurse must be a member of the
6school concussion oversight team to the extent practicable. At
7a minimum, a school shall appoint a person who is responsible
8for implementing and complying with the return-to-play and
9return-to-learn protocols adopted by the concussion oversight
10team. At a minimum, a concussion oversight team may be composed
11of only one person and this person need not be a licensed
12healthcare professional, but it may not be a coach. A school
13may appoint other licensed healthcare professionals to serve on
14the concussion oversight team.
15    (e) A student may not participate in an interscholastic
16athletic activity for a school year until the student and the
17student's parent or guardian or another person with legal
18authority to make medical decisions for the student have signed
19a form for that school year that acknowledges receiving and
20reading written information that explains concussion
21prevention, symptoms, treatment, and oversight and that
22includes guidelines for safely resuming participation in an
23athletic activity following a concussion. The form must be
24approved by the Illinois High School Association.
25    (f) A student must be removed from an interscholastic
26athletics practice or competition immediately if one of the



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1following persons believes the student might have sustained a
2concussion during the practice or competition:
3        (1) a coach;
4        (2) a physician;
5        (3) a game official;
6        (4) an athletic trainer;
7        (5) the student's parent or guardian or another person
8    with legal authority to make medical decisions for the
9    student;
10        (6) the student; or
11        (7) any other person deemed appropriate under the
12    school's return-to-play protocol.
13    (g) A student removed from an interscholastic athletics
14practice or competition under this Section may not be permitted
15to practice or compete again following the force or impact
16believed to have caused the concussion until:
17        (1) the student has been evaluated, using established
18    medical protocols based on peer-reviewed scientific
19    evidence consistent with Centers for Disease Control and
20    Prevention guidelines, by a treating physician (chosen by
21    the student or the student's parent or guardian or another
22    person with legal authority to make medical decisions for
23    the student), an athletic trainer, an advanced practice
24    registered nurse, or a physician assistant;
25        (2) the student has successfully completed each
26    requirement of the return-to-play protocol established



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1    under this Section necessary for the student to return to
2    play;
3        (3) the student has successfully completed each
4    requirement of the return-to-learn protocol established
5    under this Section necessary for the student to return to
6    learn;
7        (4) the treating physician, the athletic trainer, or
8    the physician assistant has provided a written statement
9    indicating that, in the physician's professional judgment,
10    it is safe for the student to return to play and return to
11    learn or the treating advanced practice registered nurse
12    has provided a written statement indicating that it is safe
13    for the student to return to play and return to learn; and
14        (5) the student and the student's parent or guardian or
15    another person with legal authority to make medical
16    decisions for the student:
17            (A) have acknowledged that the student has
18        completed the requirements of the return-to-play and
19        return-to-learn protocols necessary for the student to
20        return to play;
21            (B) have provided the treating physician's,
22        athletic trainer's, advanced practice registered
23        nurse's, or physician assistant's written statement
24        under subdivision (4) of this subsection (g) to the
25        person responsible for compliance with the
26        return-to-play and return-to-learn protocols under



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1        this subsection (g) and the person who has supervisory
2        responsibilities under this subsection (g); and
3            (C) have signed a consent form indicating that the
4        person signing:
5                (i) has been informed concerning and consents
6            to the student participating in returning to play
7            in accordance with the return-to-play and
8            return-to-learn protocols;
9                (ii) understands the risks associated with the
10            student returning to play and returning to learn
11            and will comply with any ongoing requirements in
12            the return-to-play and return-to-learn protocols;
13            and
14                (iii) consents to the disclosure to
15            appropriate persons, consistent with the federal
16            Health Insurance Portability and Accountability
17            Act of 1996 (Public Law 104-191), of the treating
18            physician's, athletic trainer's, physician
19            assistant's, or advanced practice registered
20            nurse's written statement under subdivision (4) of
21            this subsection (g) and, if any, the
22            return-to-play and return-to-learn recommendations
23            of the treating physician, the athletic trainer,
24            the physician assistant, or the advanced practice
25            registered nurse, as the case may be.
26    A coach of an interscholastic athletics team may not



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1authorize a student's return to play or return to learn.
2    The district superintendent or the superintendent's
3designee in the case of a public elementary or secondary
4school, the chief school administrator or that person's
5designee in the case of a charter school, or the appropriate
6administrative officer or that person's designee in the case of
7a private school shall supervise an athletic trainer or other
8person responsible for compliance with the return-to-play
9protocol and shall supervise the person responsible for
10compliance with the return-to-learn protocol. The person who
11has supervisory responsibilities under this paragraph may not
12be a coach of an interscholastic athletics team.
13    (h)(1) The Illinois High School Association shall approve,
14for coaches, game officials, and non-licensed healthcare
15professionals, training courses that provide for not less than
162 hours of training in the subject matter of concussions,
17including evaluation, prevention, symptoms, risks, and
18long-term effects. The Association shall maintain an updated
19list of individuals and organizations authorized by the
20Association to provide the training.
21    (2) The following persons must take a training course in
22accordance with paragraph (4) of this subsection (h) from an
23authorized training provider at least once every 2 years:
24        (A) a coach of an interscholastic athletic activity;
25        (B) a nurse, licensed healthcare professional, or
26    non-licensed healthcare professional who serves as a



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1    member of a concussion oversight team either on a volunteer
2    basis or in his or her capacity as an employee,
3    representative, or agent of a school; and
4        (C) a game official of an interscholastic athletic
5    activity.
6    (3) A physician who serves as a member of a concussion
7oversight team shall, to the greatest extent practicable,
8periodically take an appropriate continuing medical education
9course in the subject matter of concussions.
10    (4) For purposes of paragraph (2) of this subsection (h):
11        (A) a coach, game official, or non-licensed healthcare
12    professional, as the case may be, must take a course
13    described in paragraph (1) of this subsection (h);
14        (B) an athletic trainer must take a concussion-related
15    continuing education course from an athletic trainer
16    continuing education sponsor approved by the Department;
17        (C) a nurse must take a concussion-related continuing
18    education course from a nurse continuing education sponsor
19    approved by the Department;
20        (D) a physical therapist must take a
21    concussion-related continuing education course from a
22    physical therapist continuing education sponsor approved
23    by the Department;
24        (E) a psychologist must take a concussion-related
25    continuing education course from a psychologist continuing
26    education sponsor approved by the Department;



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1        (F) an occupational therapist must take a
2    concussion-related continuing education course from an
3    occupational therapist continuing education sponsor
4    approved by the Department; and
5        (G) a physician assistant must take a
6    concussion-related continuing education course from a
7    physician assistant continuing education sponsor approved
8    by the Department.
9    (5) Each person described in paragraph (2) of this
10subsection (h) must submit proof of timely completion of an
11approved course in compliance with paragraph (4) of this
12subsection (h) to the district superintendent or the
13superintendent's designee in the case of a public elementary or
14secondary school, the chief school administrator or that
15person's designee in the case of a charter school, or the
16appropriate administrative officer or that person's designee
17in the case of a private school.
18    (6) A physician, licensed healthcare professional, or
19non-licensed healthcare professional who is not in compliance
20with the training requirements under this subsection (h) may
21not serve on a concussion oversight team in any capacity.
22    (7) A person required under this subsection (h) to take a
23training course in the subject of concussions must complete the
24training prior to serving on a concussion oversight team in any
26    (i) The governing body of each public or charter school and



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1the appropriate administrative officer of a private school with
2students enrolled who participate in an interscholastic
3athletic activity shall develop a school-specific emergency
4action plan for interscholastic athletic activities to address
5the serious injuries and acute medical conditions in which the
6condition of the student may deteriorate rapidly. The plan
7shall include a delineation of roles, methods of communication,
8available emergency equipment, and access to and a plan for
9emergency transport. This emergency action plan must be:
10        (1) in writing;
11        (2) reviewed by the concussion oversight team;
12        (3) approved by the district superintendent or the
13    superintendent's designee in the case of a public
14    elementary or secondary school, the chief school
15    administrator or that person's designee in the case of a
16    charter school, or the appropriate administrative officer
17    or that person's designee in the case of a private school;
18        (4) distributed to all appropriate personnel;
19        (5) posted conspicuously at all venues utilized by the
20    school; and
21        (6) reviewed annually by all athletic trainers, first
22    responders, coaches, school nurses, athletic directors,
23    and volunteers for interscholastic athletic activities.
24    (j) The State Board of Education may adopt rules as
25necessary to administer this Section.
26(Source: P.A. 99-245, eff. 8-3-15; 99-486, eff. 11-20-15;



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199-642, eff. 7-28-16; 100-309, eff. 9-1-17; 100-513, eff.
21-1-18; revised 9-22-17.)
3    Section 15. The Interscholastic Athletic Organization Act
4is amended by changing Section 1.20 as follows:
5    (105 ILCS 25/1.20)
6    Sec. 1.20. Concussion reporting.
7    (a) Beginning with the 2016-2017 school year, an
8association or other entity that has, as one of its purposes,
9promoting, sponsoring, regulating, or in any manner providing
10for interscholastic athletics or any form of athletic
11competition among high schools and high school students within
12this State shall require all member schools that have certified
13athletic trainers to complete a monthly report on
14student-athletes at the member school who have sustained a
15concussion during a school-sponsored activity overseen by the
16athletic trainer or when the athletic director is made aware of
17a concussion sustained by a student during a school-sponsored
18event. All reporting must be anonymous as it relates to student
20    (b) Beginning with the 2017-2018 school year, the
21association or entity to which this Section applies shall
22compile the data reported under subsection (a) of this Section
23during the previous school year into an annual report and
24submit copies of this report to the General Assembly, as



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1provided in Section 3.1 of the General Assembly Organization
3    (c) With respect to reporting under this Section, an
4association or entity to which this Section applies and any
5member school shall have immunity from any liability, whether
6civil or criminal or that otherwise might result by reason of
7such action, except for willful or wanton misconduct. The
8association or entity has the authority to take action against
9a member school if the member school fails to complete the
10required reporting.
11(Source: P.A. 99-831, eff. 8-19-16.)
12    (225 ILCS 5/Act rep.)
13    Section 20. The Illinois Athletic Trainers Practice Act is
15    Section 25. The Unified Code of Corrections is amended by
16changing Section 5-5-5 as follows:
17    (730 ILCS 5/5-5-5)  (from Ch. 38, par. 1005-5-5)
18    Sec. 5-5-5. Loss and Restoration of Rights.
19    (a) Conviction and disposition shall not entail the loss by
20the defendant of any civil rights, except under this Section
21and Sections 29-6 and 29-10 of The Election Code, as now or
22hereafter amended.
23    (b) A person convicted of a felony shall be ineligible to



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1hold an office created by the Constitution of this State until
2the completion of his sentence.
3    (c) A person sentenced to imprisonment shall lose his right
4to vote until released from imprisonment.
5    (d) On completion of sentence of imprisonment or upon
6discharge from probation, conditional discharge or periodic
7imprisonment, or at any time thereafter, all license rights and
8privileges granted under the authority of this State which have
9been revoked or suspended because of conviction of an offense
10shall be restored unless the authority having jurisdiction of
11such license rights finds after investigation and hearing that
12restoration is not in the public interest. This paragraph (d)
13shall not apply to the suspension or revocation of a license to
14operate a motor vehicle under the Illinois Vehicle Code.
15    (e) Upon a person's discharge from incarceration or parole,
16or upon a person's discharge from probation or at any time
17thereafter, the committing court may enter an order certifying
18that the sentence has been satisfactorily completed when the
19court believes it would assist in the rehabilitation of the
20person and be consistent with the public welfare. Such order
21may be entered upon the motion of the defendant or the State or
22upon the court's own motion.
23    (f) Upon entry of the order, the court shall issue to the
24person in whose favor the order has been entered a certificate
25stating that his behavior after conviction has warranted the
26issuance of the order.



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1    (g) This Section shall not affect the right of a defendant
2to collaterally attack his conviction or to rely on it in bar
3of subsequent proceedings for the same offense.
4    (h) No application for any license specified in subsection
5(i) of this Section granted under the authority of this State
6shall be denied by reason of an eligible offender who has
7obtained a certificate of relief from disabilities, as defined
8in Article 5.5 of this Chapter, having been previously
9convicted of one or more criminal offenses, or by reason of a
10finding of lack of "good moral character" when the finding is
11based upon the fact that the applicant has previously been
12convicted of one or more criminal offenses, unless:
13        (1) there is a direct relationship between one or more
14    of the previous criminal offenses and the specific license
15    sought; or
16        (2) the issuance of the license would involve an
17    unreasonable risk to property or to the safety or welfare
18    of specific individuals or the general public.
19    In making such a determination, the licensing agency shall
20consider the following factors:
21        (1) the public policy of this State, as expressed in
22    Article 5.5 of this Chapter, to encourage the licensure and
23    employment of persons previously convicted of one or more
24    criminal offenses;
25        (2) the specific duties and responsibilities
26    necessarily related to the license being sought;



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1        (3) the bearing, if any, the criminal offenses or
2    offenses for which the person was previously convicted will
3    have on his or her fitness or ability to perform one or
4    more such duties and responsibilities;
5        (4) the time which has elapsed since the occurrence of
6    the criminal offense or offenses;
7        (5) the age of the person at the time of occurrence of
8    the criminal offense or offenses;
9        (6) the seriousness of the offense or offenses;
10        (7) any information produced by the person or produced
11    on his or her behalf in regard to his or her rehabilitation
12    and good conduct, including a certificate of relief from
13    disabilities issued to the applicant, which certificate
14    shall create a presumption of rehabilitation in regard to
15    the offense or offenses specified in the certificate; and
16        (8) the legitimate interest of the licensing agency in
17    protecting property, and the safety and welfare of specific
18    individuals or the general public.
19    (i) A certificate of relief from disabilities shall be
20issued only for a license or certification issued under the
21following Acts:
22        (1) the Animal Welfare Act; except that a certificate
23    of relief from disabilities may not be granted to provide
24    for the issuance or restoration of a license under the
25    Animal Welfare Act for any person convicted of violating
26    Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane



HB5213- 20 -LRB100 16021 SMS 31140 b

1    Care for Animals Act or Section 26-5 or 48-1 of the
2    Criminal Code of 1961 or the Criminal Code of 2012;
3        (2) the (blank); Illinois Athletic Trainers Practice
4    Act;
5        (3) the Barber, Cosmetology, Esthetics, Hair Braiding,
6    and Nail Technology Act of 1985;
7        (4) the Boiler and Pressure Vessel Repairer Regulation
8    Act;
9        (5) the Boxing and Full-contact Martial Arts Act;
10        (6) the Illinois Certified Shorthand Reporters Act of
11    1984;
12        (7) the Illinois Farm Labor Contractor Certification
13    Act;
14        (8) the Interior Design Title Act;
15        (9) the Illinois Professional Land Surveyor Act of
16    1989;
17        (10) the Illinois Landscape Architecture Act of 1989;
18        (11) the Marriage and Family Therapy Licensing Act;
19        (12) the Private Employment Agency Act;
20        (13) the Professional Counselor and Clinical
21    Professional Counselor Licensing and Practice Act;
22        (14) the Real Estate License Act of 2000;
23        (15) the Illinois Roofing Industry Licensing Act;
24        (16) the Professional Engineering Practice Act of
25    1989;
26        (17) the Water Well and Pump Installation Contractor's



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1    License Act;
2        (18) the Electrologist Licensing Act;
3        (19) the Auction License Act;
4        (20) the Illinois Architecture Practice Act of 1989;
5        (21) the Dietitian Nutritionist Practice Act;
6        (22) the Environmental Health Practitioner Licensing
7    Act;
8        (23) the Funeral Directors and Embalmers Licensing
9    Code;
10        (24) (blank);
11        (25) the Professional Geologist Licensing Act;
12        (26) the Illinois Public Accounting Act; and
13        (27) the Structural Engineering Practice Act of 1989.
14(Source: P.A. 100-534, eff. 9-22-17.)
15    Section 99. Effective date. This Act takes effect upon
16becoming law.