HB4426sam001 103RD GENERAL ASSEMBLY

Sen. Mike Porfirio

Filed: 5/15/2024

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4426

2    AMENDMENT NO. ______. Amend House Bill 4426 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Regulatory Sunset Act is amended by
5changing Sections 4.35 and 4.40 as follows:
 
6    (5 ILCS 80/4.35)
7    Sec. 4.35. Acts repealed on January 1, 2025. The following
8Acts are repealed on January 1, 2025:
9    The Genetic Counselor Licensing Act.
10    The Illinois Certified Shorthand Reporters Act of 1984.
11(Source: P.A. 103-563, eff. 11-17-23.)
 
12    (5 ILCS 80/4.40)
13    Sec. 4.40. Acts repealed on January 1, 2030. The following
14Acts are repealed on January 1, 2030:
15    The Auction License Act.

 

 

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1    The Illinois Architecture Practice Act of 1989.
2    The Illinois Certified Shorthand Reporters Act of 1984.
3    The Illinois Professional Land Surveyor Act of 1989.
4    The Orthotics, Prosthetics, and Pedorthics Practice Act.
5    The Perfusionist Practice Act.
6    The Professional Engineering Practice Act of 1989.
7    The Real Estate License Act of 2000.
8    The Structural Engineering Practice Act of 1989.
9(Source: P.A. 101-269, eff. 8-9-19; 101-310, eff. 8-9-19;
10101-311, eff. 8-9-19; 101-312, eff. 8-9-19; 101-313, eff.
118-9-19; 101-345, eff. 8-9-19; 101-346, eff. 8-9-19; 101-357,
12eff. 8-9-19; 102-558, eff. 8-20-21.)
 
13    Section 10. The Illinois Certified Shorthand Reporters Act
14of 1984 is amended by changing Sections 3, 4, 5, 6, 8, 9, 10,
1511, 12.1, 14, 15, 16, 17, 19, 23, 23.1, 23.2, 23.4, 23.6, 23.7,
1623.9, 23.15, 24, 26, and 26.1 and by adding Section 4.1 as
17follows:
 
18    (225 ILCS 415/3)  (from Ch. 111, par. 6203)
19    (Section scheduled to be repealed on January 1, 2025)
20    Sec. 3. License required. No person may practice shorthand
21reporting on a temporary or permanent basis in this State
22without being certified under this Act. This Act does not
23prohibit any non-resident practicing shorthand reporter from
24practicing shorthand reporting in this State as to one single

 

 

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1proceeding.
2    No certificate shall be valid for any system of verbatim
3reporting other than that for which it is issued.
4(Source: P.A. 98-445, eff. 12-31-13.)
 
5    (225 ILCS 415/4)  (from Ch. 111, par. 6204)
6    (Section scheduled to be repealed on January 1, 2025)
7    Sec. 4. In this Act:
8    (1) "Department" means the Department of Financial and
9Professional Regulation.
10    (2) "Secretary" means the Secretary of Financial and
11Professional Regulation.
12    (3) "Board" means the Certified Shorthand Reporters Board
13appointed by the Secretary.
14    (4) "The practice of shorthand reporting" means reporting,
15by the use of any system of manual or mechanical shorthand
16writing or by shorthand voice writing reporting, of Grand Jury
17proceedings, court proceedings, court related proceedings,
18pretrial examinations, depositions, motions and related
19proceedings of like character, or proceedings of an
20administrative agency when the final decision of the agency
21with reference thereto is likely to be subject to judicial
22review under the provisions of the Administrative Review Law.
23    (5) "Shorthand reporter" means a natural person who is
24technically qualified and certified under this Act to practice
25shorthand reporting.

 

 

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1    (6) "Stenographic notes" means the original notes by
2manual or mechanical shorthand, shorthand voice writing, or
3shorthand writing taken by a shorthand reporter of a
4proceeding while in attendance at such proceeding for the
5purpose of reporting the same.
6    (7) "Address of record" means the designated address
7recorded by the Department in the applicant's or licensee's
8application file or license file as maintained by the
9Department's licensure maintenance unit. It is the duty of the
10applicant or licensee to inform the Department of any change
11of address and those changes must be made either through the
12Department's Internet website or by contacting the Department.
13    (8) "Email address of record" means the designated email
14address recorded by the Department in the applicant's
15application file or the licensee's license file, as maintained
16by the Department's licensure maintenance unit.
17    (9) "Voice writing" means the practice of shorthand
18reporting by a natural person and by means of capturing the
19spoken word through a closed microphone voice dictation
20silencer and using computer aided transcription software that
21is capable of translating the spoken word into text.
22(Source: P.A. 98-445, eff. 12-31-13.)
 
23    (225 ILCS 415/4.1 new)
24    Sec. 4.1. Address of record; email address of record. All
25applicants and registrants shall:

 

 

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1        (1) provide a valid address and email address to the
2    Department, which shall serve as the address of record and
3    email address of record, respectively, at the time of
4    application for licensure or renewal of a license; and
5        (2) inform the Department of any change of address of
6    record or email address of record within 14 days after
7    such change either through the Department's website or by
8    contacting the Department's licensure maintenance unit.
 
9    (225 ILCS 415/5)  (from Ch. 111, par. 6205)
10    (Section scheduled to be repealed on January 1, 2025)
11    Sec. 5. Title.
12    (a) Every person to whom a valid existing certificate as a
13certified shorthand reporter has been issued under this Act
14shall be designated as a Certified Shorthand Reporter and not
15otherwise, and any such certified shorthand reporter may, in
16connection with the certified shorthand reporter's his or her
17practice of shorthand reporting, use the abbreviation
18"C.S.R.", or the title "Court Reporter", the words
19"stenographer" or "reporter", or the phrase "deposition
20reporter" in combination with words or phrases related to the
21practice of shorthand reporting that tend to indicate
22certification as a shorthand reporter.
23    (b) No person, other than the holder of a valid existing
24certificate under this Act, shall use the titles or
25designations authorized under this Section. A person may hold

 

 

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1valid certificates both as a certified shorthand reporter and
2as a certified voice writer reporter under this Act and may use
3the titles authorized by this Section in connection with the
4person's profession or business. No person other than the
5holder of a valid existing certificate under this Act shall
6use the title or designation of "Certified Shorthand
7Reporter", "Court Reporter", or "C.S.R.", either directly or
8indirectly in connection with his or her profession or
9business.
10(Source: P.A. 90-49, eff. 7-3-97.)
 
11    (225 ILCS 415/6)  (from Ch. 111, par. 6206)
12    (Section scheduled to be repealed on January 1, 2025)
13    Sec. 6. Restricted certificate. Upon receipt of a written
14request from the Chief Judge of the reporter's circuit, the
15Department shall, upon payment of the required fee, issue to
16any reporter who has been appointed in counties of less than
171,000,000 in population, has been examined under the Court
18Reporters Act, and has achieved an "A" proficiency rating, a
19restricted certificate by which such official court reporter
20may then lawfully engage in reporting only court proceedings
21to which he may be assigned by the Chief Judge of the
22reporter's his circuit may assign.
23(Source: P.A. 98-445, eff. 12-31-13.)
 
24    (225 ILCS 415/8)  (from Ch. 111, par. 6208)

 

 

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1    (Section scheduled to be repealed on January 1, 2025)
2    Sec. 8. Certified Shorthand Reporters Board. The Secretary
3shall appoint a Certified Shorthand Reporters Board as
4follows: 7 persons who shall be appointed by and shall serve in
5an advisory capacity to the Secretary. At least 6 Six members
6must be certified shorthand reporters, in good standing, and
7actively engaged in the practice of shorthand reporting in
8this State for at least 10 ten years who have not been subject
9to disciplinary action during the 10 years immediately prior
10to the date of appointment to the Board. One member may be a
11certified voice writer reporter who is actively engaged in the
12practice of voice writer reporting, who is in good standing in
13this State, who, except for the initial appointment, is
14actively engaged in the practice of voice writer reporting,
15and who meets the qualifications for certification under this
16Act. One , and one member must be a member of the public who is
17not certified under this Act, or a similar Act of another
18jurisdiction. Members of the Board shall have no liability in
19any action based upon any disciplinary proceeding or other
20activity performed in good faith as members of the Board.
21    Members shall serve 4-year 4 year terms and until the
22members' their successors are appointed and qualified. No
23member shall be reappointed to the Board for a term that would
24cause the member's his continuous service on the Board to be
25longer than 2 full consecutive terms. Appointments to fill
26vacancies shall be made in the same manner as original

 

 

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1appointments, for the unexpired portion of the vacated term.
2    In making appointments to the Board, the Secretary shall
3give consideration to recommendations by national and State
4organizations of the shorthand reporter profession.
5    Four members of the Board shall constitute a quorum. A
6quorum is required for all Board decisions.
7    The Secretary may remove or suspend any member of the
8Board for cause at any time before the expiration of the
9member's his or her term. The Secretary shall be the sole
10arbiter of cause.
11    The Secretary shall consider the recommendations of the
12Board on questions involving standards of professional
13conduct, discipline, and qualifications of candidates and
14certificate holders under this Act.
15    Members of the Board shall be reimbursed for all
16legitimate, necessary, and authorized expenses incurred in
17attending the meetings of the Board.
18    Members of the Board have no liability in any action based
19upon any disciplinary proceedings or other activity performed
20in good faith as members of the Board.
21(Source: P.A. 98-445, eff. 12-31-13.)
 
22    (225 ILCS 415/9)  (from Ch. 111, par. 6209)
23    (Section scheduled to be repealed on January 1, 2025)
24    Sec. 9. Qualifications. Applications for original
25certificates shall be made to the Department in writing on

 

 

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1forms prescribed by the Department and shall be accompanied by
2the required fee, which shall not be returnable. Any such
3application shall require such information as in the judgment
4of the Department will enable the Department to pass on the
5qualifications of the applicant for certification.
6    In determining competency, the Department shall require
7proof that the applicant has a good understanding of the
8English language, including reading, spelling and vocabulary,
9and that the applicant has sufficient ability to accurately
10report any of the matters comprising the practice of shorthand
11reporting as herein defined, by the use of any system of manual
12or mechanical shorthand or shorthand writing, or voice writing
13by the use of oral shorthand, and a clear understanding of
14obligations between a shorthand reporter and the parties to
15any proceedings reported, as well as the provisions of this
16Act.
17(Source: P.A. 98-445, eff. 12-31-13.)
 
18    (225 ILCS 415/10)  (from Ch. 111, par. 6210)
19    (Section scheduled to be repealed on January 1, 2025)
20    Sec. 10. The Department shall authorize examinations at
21such time and place as it may designate. The examination shall
22be of a character to give a fair test of the qualifications of
23the applicant to practice shorthand reporting.
24    Applicants for examination as certified shorthand
25reporters shall be required to pay, either to the Department

 

 

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1or the designated testing service, a fee covering the cost of
2providing the examination. Failure to appear for the
3examination on the scheduled date, at the time and place
4specified, after the applicant's application for examination
5has been received and acknowledged by the Department or the
6designated testing service, shall result in the forfeiture of
7the examination fee.
8    If an applicant neglects, fails, or refuses to take the
9next available examination offered or fails to pass an
10examination for certification under this Act, the application
11shall be denied. If an applicant for examination for
12certification under this Act fails to pass the examination
13within 3 years after filing an his application, the
14application shall be denied. However, such applicant may
15thereafter make a new application accompanied by the required
16fee.
17    The Department may employ consultants for the purpose of
18preparing and conducting examinations.
19    An applicant has one year from the date of notification of
20successful completion of the examination to apply to the
21Department for a license. If an applicant fails to apply
22within one year, the applicant shall be required to take and
23pass the examination again unless licensed in another
24jurisdiction of the United States within one year of passing
25the examination.
26    Applicants may employ any system of verbatim reporting by

 

 

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1which a record is preserved, the accuracy of which shall be the
2personal responsibility of the shorthand reporter, provided,
3however, no system of direct electronic recording shall be
4considered a system of verbatim reporting for purposes of this
5Act or rules adopted under this Act.
6(Source: P.A. 98-445, eff. 12-31-13.)
 
7    (225 ILCS 415/11)  (from Ch. 111, par. 6211)
8    (Section scheduled to be repealed on January 1, 2025)
9    Sec. 11. Qualifications; application.
10    (a) A person shall be qualified for certification as a
11certified shorthand reporter if that person:
12        (1) A. That person has applied in writing in form and
13    substance to the Department; and
14         (1) (Blank);
15        (2) is Is of good moral character, the determination
16    of which shall take into account but not be totally based
17    upon any felony conviction of the applicant; and
18        (3) has Has graduated from a high school or secondary
19    school or its equivalent; and
20        (4) B. That person has successfully completed the
21    examination authorized by the Department.
22    Additional qualifications for the practice of shorthand
23reporting may be set by the Department by rule.
24    (b) A person shall be qualified for certification as a
25certified voice writer shorthand reporter if that person:

 

 

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1        (1) has applied in writing in form and substance to
2    the Department;
3        (2) is of good moral character, the determination of
4    which shall take into account but not totally be based
5    upon any felony conviction of the applicant;
6        (3) has graduated from a high school or secondary
7    school or its equivalent; and
8        (4) has successfully completed the examination
9    authorized by the Department or submits a certification of
10    successful completion of an examination from another
11    jurisdiction that is the equivalent of the examination
12    authorized by the Department.
13    Additional qualifications for the practice of voice writer
14reporting may be set by the Department by rule.
15(Source: P.A. 98-445, eff. 12-31-13.)
 
16    (225 ILCS 415/12.1)
17    (Section scheduled to be repealed on January 1, 2025)
18    Sec. 12.1. Social Security Number or federal individual
19taxpayer identification number on license application. In
20addition to any other information required to be contained in
21the application, every application for an original license
22under this Act shall include the applicant's Social Security
23Number or federal individual taxpayer identification number,
24which shall be retained in the Department's records pertaining
25to the license. As soon as practicable, the Department shall

 

 

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1assign a customer's identification number to each applicant
2for a license. Every application for a renewal or restored
3license shall require the applicant's customer identification
4number.
5(Source: P.A. 98-445, eff. 12-31-13.)
 
6    (225 ILCS 415/14)  (from Ch. 111, par. 6214)
7    (Section scheduled to be repealed on January 1, 2025)
8    Sec. 14. Expiration, renewal, and military service. The
9expiration date and renewal period for each certificate issued
10under this Act shall be set by rule.
11    Any certified shorthand reporter who has permitted the
12reporter's his certificate to expire or who has had the
13reporter's his certificate on inactive status may have the his
14certificate restored by making application to the Department,
15filing proof acceptable to the Department of the reporter's
16his fitness to have the his certificate restored and paying
17the required restoration fee. The Department may consider a
18certificate expired less than 5 years as prima facie evidence
19that the applicant is fit. If a certificate has expired or has
20been placed on inactive status and the applicant has practiced
21in another jurisdiction during such period, satisfactory proof
22of fitness may include sworn evidence certifying to active
23practice in another jurisdiction.
24    If the certified shorthand reporter has not maintained an
25active practice in another jurisdiction satisfactory to the

 

 

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1Department, the Department shall determine, by an evaluation
2program established by rule, the reporter's his fitness to
3resume active status and shall, by rule, establish procedures
4and requirements for restoration.
5    However, any certified shorthand reporter whose
6certificate expired while he was (1) in Federal Service on
7active duty with the Armed Forces of the United States, while
8or the State Militia called into service or training in the
9State Militia, or while (2) in training or education under the
10supervision of the United States preliminary to induction into
11the military service, may have the his certificate renewed or
12restored without paying any lapsed renewal fees if, within 2
13years after termination of such service, training, or
14education except under conditions other than honorable, the
15Department is furnished with satisfactory evidence to the
16effect that the certificate holder has been so engaged and
17that the service, training, or education has been terminated
18he furnished the Department with satisfactory evidence to the
19effect that he has been so engaged and that his service,
20training or education has been so terminated.
21(Source: P.A. 98-445, eff. 12-31-13.)
 
22    (225 ILCS 415/15)  (from Ch. 111, par. 6215)
23    (Section scheduled to be repealed on January 1, 2025)
24    Sec. 15. Inactive status. Any certified shorthand reporter
25who notifies the Department in writing on forms prescribed by

 

 

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1the Department, may elect to place the reporter's his
2certificate on an inactive status and shall, subject to rules
3of the Department, be excused from payment of renewal fees
4until he notifies the Department has been notified in writing
5of the certificate holder's his desire to resume active
6status.
7    Any certified shorthand reporter requesting restoration
8from inactive status shall be required to pay the current
9renewal fee and shall be required to restore the reporter's
10his certificate, as provided in Section 14.
11    Any certified shorthand reporter whose certificate is in
12an inactive status shall not practice shorthand reporting in
13the State of Illinois.
14(Source: P.A. 98-445, eff. 12-31-13.)
 
15    (225 ILCS 415/16)  (from Ch. 111, par. 6216)
16    (Section scheduled to be repealed on January 1, 2025)
17    Sec. 16. Endorsement; licensure without examination. The
18Department may certify as a certified shorthand reporter,
19without examination, on payment of the required fee, an
20applicant who is a certified shorthand reporter or certified
21voice writer reporter registered under the laws of another
22jurisdiction, if the requirements for certification of
23certified shorthand reporters or certified voice writer
24reporters in that jurisdiction were, at the date of his
25certification, substantially equivalent to the requirements in

 

 

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1force in this State on that date.
2    Applicants have 3 years from the date of application to
3complete the application process. If the process has not been
4completed in 3 years, the application shall be denied, the fee
5forfeited, and the applicant must reapply and meet the
6requirements in effect at the time of reapplication.
7(Source: P.A. 98-445, eff. 12-31-13.)
 
8    (225 ILCS 415/17)  (from Ch. 111, par. 6217)
9    (Section scheduled to be repealed on January 1, 2025)
10    Sec. 17. Fees; returned checks.
11    (a) The fees for the administration and enforcement of
12this Act, including, but not limited to, original
13certification, renewal, and restoration of a license issued
14under this Act, shall be set by rule. The fees shall be
15nonrefundable.
16    (b) All fees, fines, and penalties collected under this
17Act shall be deposited into the General Professions Dedicated
18Fund and shall be appropriated to the Department for the
19ordinary and contingent expenses of the Department in the
20administration of this Act.
21    (c) Any person who delivers a check or other payment to the
22Department that is returned to the Department unpaid by the
23financial institution upon which it is drawn shall pay to the
24Department, in addition to the amount already owed to the
25Department, a fine of $50. The fines imposed by this Section

 

 

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1are in addition to any other discipline provided under this
2Act prohibiting unlicensed practice or practice on a
3nonrenewed license. The Department shall notify the person
4that payment of fees and fines shall be paid to the Department
5by certified check or money order within 30 calendar days of
6the notification. If, after the expiration of 30 days from the
7date of the notification, the person has failed to submit the
8necessary remittance, the Department shall automatically
9terminate the license or certificate or deny the application,
10without hearing. If, after termination or denial, the person
11seeks a license or certificate, the person he or she shall
12apply to the Department for restoration or issuance of the
13license or certificate and pay all fees and fines due to the
14Department. The Department may establish a fee for the
15processing of an application for restoration of a license or
16certificate to pay all expenses of processing this
17application. The Secretary may waive the fines due under this
18Section in individual cases where the Secretary finds that the
19fines would be unreasonable or unnecessarily burdensome.
20(Source: P.A. 98-445, eff. 12-31-13.)
 
21    (225 ILCS 415/19)  (from Ch. 111, par. 6219)
22    (Section scheduled to be repealed on January 1, 2025)
23    Sec. 19. Advertising. Any person certified under this Act
24may advertise the availability of professional services in the
25public media or on the premises where such professional

 

 

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1services are rendered as permitted by law, on the condition
2that such advertising is truthful and not misleading and is in
3conformity with rules promulgated by the Department.
4Advertisements shall not include false, fraudulent, deceptive,
5or misleading material or guarantees of success.
6Advertisements shall also not include any offers of any gift
7or item of value to attorneys or the attorneys' their staff or
8any other persons or entities associated with any litigation.
9(Source: P.A. 98-445, eff. 12-31-13.)
 
10    (225 ILCS 415/23)  (from Ch. 111, par. 6223)
11    (Section scheduled to be repealed on January 1, 2025)
12    Sec. 23. Grounds for disciplinary action.
13    (a) The Department may refuse to issue or renew, or may
14revoke, suspend, place on probation, reprimand, or take other
15disciplinary or non-disciplinary action as the Department may
16deem appropriate, including imposing fines not to exceed
17$10,000 for each violation and the assessment of costs as
18provided for in Section 23.3 of this Act, with regard to any
19license for any one or combination of the following:
20        (1) Material misstatement in furnishing information to
21    the Department;
22        (2) Violations of this Act, or of the rules
23    promulgated thereunder;
24        (3) Conviction by plea of guilty or nolo contendere,
25    finding of guilt, jury verdict, or entry of judgment or by

 

 

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1    sentencing of any crime, including, but not limited to,
2    convictions, preceding sentences of supervision,
3    conditional discharge, or first offender probation under
4    the laws of any jurisdiction of the United States: (i)
5    that is a felony or (ii) that is a misdemeanor, an
6    essential element of which is dishonesty, or that is
7    directly related to the practice of the profession;
8        (4) Fraud or any misrepresentation in applying for or
9    procuring a license under this Act or in connection with
10    applying for renewal of a license under this Act;
11        (5) Professional incompetence;
12        (6) Aiding or assisting another person, firm,
13    partnership, or corporation in violating any provision of
14    this Act or rules;
15        (7) Failing, within 60 days, to provide information in
16    response to a written request made by the Department;
17        (8) Engaging in dishonorable, unethical, or
18    unprofessional conduct of a character likely to deceive,
19    defraud, or harm the public;
20        (9) Habitual or excessive use or abuse of drugs
21    defined in law as controlled substances, alcohol, or any
22    other substances that results in the inability to practice
23    with reasonable judgment, skill, or safety;
24        (10) Discipline by another state, unit of government,
25    government agency, the District of Columbia, a territory,
26    or foreign nation, if at least one of the grounds for the

 

 

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1    discipline is the same or substantially equivalent to
2    those set forth herein;
3        (11) Charging for professional services not rendered,
4    including filing false statements for the collection of
5    fees for which services were not rendered, or giving,
6    directly or indirectly, any gift or anything of value to
7    attorneys or the attorneys' their staff or any other
8    persons or entities associated with any litigation, that
9    exceeds $100 total per year; for the purposes of this
10    Section, pro bono services, as defined by State law, are
11    permissible in any amount;
12        (12) A finding by the Board that the certificate
13    holder, after having the his certificate placed on
14    probationary status, has violated the terms of probation;
15        (13) Willfully making or filing false records or
16    reports in the practice of shorthand reporting, including,
17    but not limited to, false records filed with State
18    agencies or departments;
19        (14) Physical illness, including, but not limited to,
20    deterioration through the aging process, or loss of motor
21    skill which results in the inability to practice under
22    this Act with reasonable judgment, skill, or safety;
23        (15) Solicitation of professional services other than
24    by permitted advertising;
25        (16) Willful failure to take full and accurate
26    stenographic notes of any proceeding;

 

 

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1        (17) Willful alteration of any stenographic notes
2    taken at any proceeding;
3        (18) Willful failure to accurately transcribe verbatim
4    any stenographic notes taken at any proceeding;
5        (19) Willful alteration of a transcript of
6    stenographic notes taken at any proceeding;
7        (20) Affixing one's signature to any transcript of his
8    stenographic notes or certifying to its correctness unless
9    the transcript has been prepared by the stenographer him
10    or under the stenographer's his immediate supervision;
11        (21) Willful failure to systematically retain
12    stenographic notes or transcripts on paper or any
13    electronic media for 10 years from the date that the notes
14    or transcripts were taken;
15        (22) Failure to deliver transcripts in a timely manner
16    or in accordance with contractual agreements;
17        (23) Establishing contingent fees as a basis of
18    compensation;
19        (24) Mental illness or disability that results in the
20    inability to practice under this Act with reasonable
21    judgment, skill, or safety;
22        (25) Practicing under a false or assumed name, except
23    as provided by law;
24        (26) Cheating on or attempting to subvert the
25    licensing examination administered under this Act;
26        (27) Allowing one's license under this Act to be used

 

 

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1    by an unlicensed person in violation of this Act.
2    All fines imposed under this Section shall be paid within
360 days after the effective date of the order imposing the fine
4or in accordance with the terms set forth in the order imposing
5the fine.
6    (b) The determination by a circuit court that a
7certificate holder is subject to involuntary admission or
8judicial admission as provided in the Mental Health and
9Developmental Disabilities Code, operates as an automatic
10suspension. Such suspension will end only upon a finding by a
11court that the patient is no longer subject to involuntary
12admission or judicial admission, an order by the court so
13finding and discharging the patient. In any case where a
14license is suspended under this Section, the licensee may file
15a petition for restoration and shall include evidence
16acceptable to the Department that the licensee can resume
17practice in compliance with acceptable and prevailing
18standards of the profession.
19    (c) In cases where the Department of Healthcare and Family
20Services has previously determined a licensee or a potential
21licensee is more than 30 days delinquent in the payment of
22child support and has subsequently certified the delinquency
23to the Department, the Department may refuse to issue or renew
24or may revoke or suspend that person's license or may take
25other disciplinary action against that person based solely
26upon the certification of delinquency made by the Department

 

 

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1of Healthcare and Family Services in accordance with item (5)
2of subsection (a) of Section 2105-15 of the Civil
3Administrative Code of Illinois.
4    (d) In enforcing this Section, the Department, upon a
5showing of a possible violation, may compel any individual who
6is certified under this Act or any individual who has applied
7for certification under this Act to submit to a mental or
8physical examination and evaluation, or both, which may
9include a substance abuse or sexual offender evaluation, at
10the expense of the Department. The Department shall
11specifically designate the examining physician licensed to
12practice medicine in all of its branches or, if applicable,
13the multidisciplinary team involved in providing the mental or
14physical examination and evaluation, or both. The
15multidisciplinary team shall be led by a physician licensed to
16practice medicine in all of its branches and may consist of one
17or more or a combination of physicians licensed to practice
18medicine in all of its branches, licensed chiropractic
19physicians, licensed clinical psychologists, licensed clinical
20social workers, licensed clinical professional counselors, and
21other professional and administrative staff. Any examining
22physician or member of the multidisciplinary team may require
23any person ordered to submit to an examination and evaluation
24pursuant to this Section to submit to any additional
25supplemental testing deemed necessary to complete any
26examination or evaluation process, including, but not limited

 

 

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1to, blood testing, urinalysis, psychological testing, or
2neuropsychological testing.
3    The Department may order the examining physician or any
4member of the multidisciplinary team to provide to the
5Department any and all records, including business records,
6that relate to the examination and evaluation, including any
7supplemental testing performed. The Department may order the
8examining physician or any member of the multidisciplinary
9team to present testimony concerning this examination and
10evaluation of the certified shorthand reporter or applicant,
11including testimony concerning any supplemental testing or
12documents relating to the examination and evaluation. No
13information, report, record, or other documents in any way
14related to the examination and evaluation shall be excluded by
15reason of any common law or statutory privilege relating to
16communication between the licensee or applicant and the
17examining physician or any member of the multidisciplinary
18team. No authorization is necessary from the certified
19shorthand reporter or applicant ordered to undergo an
20evaluation and examination for the examining physician or any
21member of the multidisciplinary team to provide information,
22reports, records, or other documents or to provide any
23testimony regarding the examination and evaluation. The
24individual to be examined may have, at that individual's his
25or her own expense, another physician of the individual's his
26or her choice present during all aspects of the examination.

 

 

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1    Failure of any individual to submit to mental or physical
2examination and evaluation, or both, when directed, shall
3result in an automatic suspension, without hearing, until such
4time as the individual submits to the examination. If the
5Department finds a certified shorthand reporter unable to
6practice because of the reasons set forth in this Section, the
7Department shall require the certified shorthand reporter to
8submit to care, counseling, or treatment by physicians
9approved or designated by the Department, as a condition for
10continued, reinstated, or renewed certification.
11    When the Secretary immediately suspends a certificate
12under this Section, a hearing upon the person's certificate
13must be convened by the Department within 15 days after the
14suspension and completed without appreciable delay. The
15Department shall have the authority to review the certified
16shorthand reporter's record of treatment and counseling
17regarding the impairment, to the extent permitted by
18applicable federal statutes and regulations safeguarding the
19confidentiality of medical records.
20    An individual Individuals certified under this Act,
21affected under this Section, shall be afforded an opportunity
22to demonstrate to the Department that they can resume practice
23in compliance with acceptable and prevailing standards under
24the provisions of the individual's their certification.
25    (e) (Blank).
26    (f) The Department may refuse to issue or may suspend

 

 

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1without hearing, as provided for in the Code of Civil
2Procedure, the license of any person who fails to file a
3return, to pay the tax, penalty, or interest shown in a filed
4return, or to pay any final assessment of tax, penalty, or
5interest as required by any tax Act administered by the
6Illinois Department of Revenue, until such time as the
7requirements of any such tax Act are satisfied in accordance
8with subsection (g) of Section 2105-15 of the Civil
9Administrative Code of Illinois.
10(Source: P.A. 100-872, eff. 8-14-18.)
 
11    (225 ILCS 415/23.1)  (from Ch. 111, par. 6224)
12    (Section scheduled to be repealed on January 1, 2025)
13    Sec. 23.1. Injunctive actions; order to cease and desist.
14    (a) If any person violates the provisions of this Act, the
15Secretary may, in the name of the People of the State of
16Illinois, through the Attorney General of the State of
17Illinois or the State's Attorney of the county in which the
18violation is alleged to have occurred, petition for an order
19enjoining such violation or for an order enforcing compliance
20with this Act. Upon the filing of a verified petition in such
21court, the court may issue a temporary restraining order,
22without notice or bond, and may preliminarily and permanently
23enjoin such violation. If it is established that such person
24has violated or is violating the injunction, the court may
25punish the offender for contempt of court. Proceedings under

 

 

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1this Section shall be in addition to, and not in lieu of, all
2other remedies and penalties provided by this Act.
3    (b) If any person practices as a certified shorthand
4reporter or holds oneself himself or herself out as a
5certified shorthand reporter without being licensed under the
6provisions of this Act then any certified shorthand reporter,
7any interested party or any person injured thereby may, in
8addition to the Secretary, petition for relief as provided in
9subsection (a).
10    (c) Whenever in the opinion of the Department any person
11violates any provision of this Act, the Department may issue a
12rule to show cause why an order to cease and desist should not
13be entered against that individual. The rule shall clearly set
14forth the grounds relied upon by the Department and shall
15provide a period of 7 days from the date of the rule to file an
16answer to the satisfaction of the Department. Failure to
17answer to the satisfaction of the Department shall cause an
18order to cease and desist to be issued forthwith.
19(Source: P.A. 98-445, eff. 12-31-13.)
 
20    (225 ILCS 415/23.2)  (from Ch. 111, par. 6225)
21    (Section scheduled to be repealed on January 1, 2025)
22    Sec. 23.2. Investigations; notice and hearing. The
23Department may investigate the actions of any applicant or of
24any person or persons holding or claiming to hold a
25certificate. The Department shall, before refusing to issue or

 

 

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1renew, or taking disciplinary action against, a certificate,
2at least 30 days prior to the date set for the hearing, notify
3in writing the applicant for, or holder of, a certificate of
4the nature of the charges and the time and place for a hearing
5on the charges. The Department shall direct the applicant or
6licensee to file a written answer to the charges with the Board
7under oath within 20 days after the service of the notice and
8inform the applicant or licensee that failure to file an
9answer will result in default being taken against the
10applicant or licensee. At the time and place fixed in the
11notice, the Department shall proceed to hear the charges and
12the parties or the parties' their counsel shall be accorded
13ample opportunity to present any pertinent statements,
14testimony, evidence, and arguments. The Department may
15continue the hearing from time to time. In case the person,
16after receiving the notice, fails to file an answer, the his or
17her license may, in the discretion of the Department, be
18revoked, suspended, or placed on probationary status or the
19Department may take whatever disciplinary action considered
20proper, including limiting the scope, nature, or extent of the
21person's practice or the imposition of a fine, without a
22hearing, if the act or acts charged constitute sufficient
23grounds for that action under this Act. The written notice and
24any notice in the subsequent proceeding may be served by
25regular registered or certified mail to the licensee's address
26of record or by electronic mail to the licensee's email

 

 

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1address of record.
2(Source: P.A. 98-445, eff. 12-31-13.)
 
3    (225 ILCS 415/23.4)  (from Ch. 111, par. 6227)
4    (Section scheduled to be repealed on January 1, 2025)
5    Sec. 23.4. Subpoenas; oaths. The Department may subpoena
6and bring before it any person and to take the oral or written
7testimony or compel the production of any books, papers,
8records, or any other documents that the Secretary or the
9Secretary's his or her designee deems relevant or material to
10an investigation or hearing conducted by the Department with
11the same fees and mileage and in the same manner as prescribed
12by law in judicial procedure in civil cases in courts of this
13State.
14    The Secretary, the designated hearing officer, any member
15of the Board, or a certified shorthand court reporter may have
16power to administer oaths at any hearing which the Department
17conducts. Notwithstanding any other statute or Department rule
18to the contrary, all requests for testimony and production of
19documents or records shall be in accordance with this Act.
20(Source: P.A. 98-445, eff. 12-31-13.)
 
21    (225 ILCS 415/23.6)  (from Ch. 111, par. 6229)
22    (Section scheduled to be repealed on January 1, 2025)
23    Sec. 23.6. Board report. At the conclusion of the hearing
24the Board shall present to the Secretary a written report of

 

 

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1its findings of fact, conclusions of law, and recommendations.
2The report shall contain a finding whether or not the accused
3person violated this Act or failed to comply with the
4conditions required in this Act. The Board shall specify the
5nature of the violation or failure to comply, and shall make
6its recommendations to the Secretary. The report of findings
7of fact, conclusions of law, and recommendations of the Board
8shall be the basis for the Secretary's Department's action
9regarding a certificate. If the Secretary disagrees in any
10regard with the report of the Board, the Secretary he may issue
11an order in contravention thereof. The finding is not
12admissible in evidence against the person in a criminal
13prosecution brought for the violation of this Act, but the
14hearing and findings are not a bar to a criminal prosecution
15brought for the violation of this Act.
16(Source: P.A. 98-445, eff. 12-31-13.)
 
17    (225 ILCS 415/23.7)  (from Ch. 111, par. 6230)
18    (Section scheduled to be repealed on January 1, 2025)
19    Sec. 23.7. Motion for rehearing. In any hearing involving
20the refusal to issue or renew, or the taking of disciplinary
21action against, a certificate, a copy of the Board's report
22shall be served upon the respondent by the Department as
23provided in this Act for the service of the notice of hearing.
24Within 20 days after such service, the respondent may present
25to the Secretary Department a motion in writing for a

 

 

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1rehearing, which motion shall specify the particular grounds
2therefor. If no motion for rehearing is filed, then upon the
3expiration of the time specified for filing such a motion, or
4if a motion for rehearing is denied, then upon such denial the
5Secretary may enter an order in accordance with
6recommendations of the Board except as provided in Section
723.6. If the respondent shall order from the reporting
8service, and pay for a transcript of the record within the time
9for filing a motion for rehearing, the 20 day period within
10which such a motion may be filed shall commence upon the
11delivery of the transcript to the respondent.
12(Source: P.A. 98-445, eff. 12-31-13.)
 
13    (225 ILCS 415/23.9)  (from Ch. 111, par. 6232)
14    (Section scheduled to be repealed on January 1, 2025)
15    Sec. 23.9. Hearing officers, reports, and review. The
16Secretary shall have the authority to appoint any attorney
17duly licensed to practice law in the State of Illinois to serve
18as the hearing officer in any action involving a refusal to
19issue or renew, or the taking of disciplinary action against a
20certificate. The hearing officer shall have full authority to
21conduct the hearing. The hearing officer shall report the
22hearing officer's his or her findings of fact, conclusions of
23law, and recommendations to the Board and the Secretary. The
24Board shall have 60 days from receipt of the report to review
25the report of the hearing officer and present the Board's

 

 

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1their findings of fact, conclusions of law, and
2recommendations to the Secretary. If the Board fails to
3present its report within the 60 day period, the Secretary may
4issue an order based on the report of the hearing officer. If
5the Secretary disagrees with the report of the Board or
6hearing officer, the Secretary he may issue an order in
7contravention thereof.
8(Source: P.A. 98-445, eff. 12-31-13.)
 
9    (225 ILCS 415/23.15)  (from Ch. 111, par. 6238)
10    (Section scheduled to be repealed on January 1, 2025)
11    Sec. 23.15. Certification of record; receipt. The
12Department shall not be required to certify any record to the
13court or file any answer in court or otherwise appear in any
14court in a judicial review proceeding, unless and until the
15Department has received from the plaintiff payment of the
16costs of furnishing and certifying the record, which costs
17shall be determined by the Department. Exhibits shall be
18certified without cost. Failure on the part of the plaintiff
19to file a receipt in court shall be grounds for dismissal of
20the action.
21(Source: P.A. 98-445, eff. 12-31-13.)
 
22    (225 ILCS 415/24)  (from Ch. 111, par. 6240)
23    (Section scheduled to be repealed on January 1, 2025)
24    Sec. 24. Administrative Procedure Act. The Illinois

 

 

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1Administrative Procedure Act is hereby expressly adopted and
2incorporated herein as if all of the provisions of that Act
3were included in this Act, except that the provision of
4subsection (d) of Section 10-65 of the Illinois Administrative
5Procedure Act that provides that at hearings the certificate
6holder has the right to show compliance with all lawful
7requirements for retention, continuation, or renewal of
8certification is specifically excluded. For the purpose of
9this Act the notice required under Section 10-25 of the
10Illinois Administrative Procedure Act is deemed sufficient
11when mailed to the last known address of record or email
12address of record.
13(Source: P.A. 98-445, eff. 12-31-13.)
 
14    (225 ILCS 415/26)  (from Ch. 111, par. 6242)
15    (Section scheduled to be repealed on January 1, 2025)
16    Sec. 26. Every shorthand reporter shall print the
17reporter's his or her name and license or restricted license
18number on each transcript reported.
19(Source: P.A. 87-481; 87-576.)
 
20    (225 ILCS 415/26.1)
21    (Section scheduled to be repealed on January 1, 2025)
22    Sec. 26.1. Responsibility for notes. It is the licensee's
23responsibility to preserve the licensee's his or her shorthand
24notes for a period of no less than 10 years from the date that

 

 

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1the notes or transcripts were taken, except as otherwise
2prescribed by law, through storage of the original paper notes
3or an electronic copy of either the shorthand notes or the
4English transcript of the notes on computer disks, cassettes,
5backup tape systems, optical or laser disk systems, or other
6retrieval systems available at the time that the notes or
7transcripts were taken.
8(Source: P.A. 98-445, eff. 12-31-13.)
 
9    (225 ILCS 415/18 rep.)
10    Section 15. The Illinois Certified Shorthand Reporters Act
11of 1984 is amended by repealing Section 18.
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.".