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| Public Act 098-1047 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Department of Professional Regulation Law of | ||||
the
Civil Administrative Code of Illinois is amended by adding | ||||
Sections 2105-130 and 2105-135 as follows: | ||||
(20 ILCS 2105/2105-130 new) | ||||
Sec. 2105-130. Determination of disciplinary sanctions. | ||||
(a) Following disciplinary proceedings as authorized in | ||||
any licensing Act administered by the Department, upon a | ||||
finding by the Department that a person has committed a | ||||
violation of the licensing Act with regard to licenses, | ||||
certificates, or authorities of persons exercising the | ||||
respective professions, trades, or occupations, the Department | ||||
may revoke, suspend, refuse to renew, place on probationary | ||||
status, fine, or take any other disciplinary action as | ||||
authorized in the licensing Act with regard to those licenses, | ||||
certificates, or authorities. When making a determination of | ||||
the appropriate disciplinary sanction to be imposed, the | ||||
Department shall consider only evidence contained in the | ||||
record. The Department shall consider any aggravating or | ||||
mitigating factors contained in the record when determining the | ||||
appropriate disciplinary sanction to be imposed. | ||||
(b) When making a determination of the appropriate | ||
disciplinary sanction to be imposed, the Department shall | ||
consider, but is not limited to, the following aggravating | ||
factors contained in the record: | ||
(1) the seriousness of the offenses; | ||
(2) the presence of multiple offenses; | ||
(3) prior disciplinary history, including actions | ||
taken by other agencies in this State, by other states or | ||
jurisdictions, hospitals, health care facilities, | ||
residency programs, employers, or professional liability | ||
insurance companies or by any of the armed forces of the | ||
United States or any state; | ||
(4) the impact of the offenses on any injured party; | ||
(5) the vulnerability of any injured party, including, | ||
but not limited to, consideration of the injured party's | ||
age, disability, or mental illness; | ||
(6) the motive for the offenses; | ||
(7) the lack of contrition for the offenses; | ||
(8) financial gain as a result of committing the | ||
offenses; and | ||
(9) the lack of cooperation with the Department or | ||
other investigative authorities. | ||
(c) When making a determination of the appropriate | ||
disciplinary sanction to be imposed, the Department shall | ||
consider, but is not limited to, the following mitigating | ||
factors contained in the record: | ||
(1) the lack of prior disciplinary action by the | ||
Department or by other agencies in this State, by other | ||
states or jurisdictions, hospitals, health care | ||
facilities, residency programs, employers, insurance | ||
providers, or by any of the armed forces of the United | ||
States or any state; | ||
(2) contrition for the offenses; | ||
(3) cooperation with the Department or other | ||
investigative authorities; | ||
(4) restitution to injured parties; | ||
(5) whether the misconduct was self-reported; and | ||
(6) any voluntary remedial actions taken. | ||
(20 ILCS 2105/2105-135 new) | ||
Sec. 2105-135. Qualification for licensure or | ||
registration; good moral character. The practice of | ||
professions licensed or registered by the Department is hereby | ||
declared to affect the public health, safety, and welfare and | ||
to be subject to regulation and control in the public interest. | ||
It is further declared to be a matter of public interest and | ||
concern that persons who are licensed or registered to engage | ||
in any of the professions licensed or registered by the | ||
Department are of good moral character, which shall be a | ||
continuing requirement of licensure or registration so as to | ||
merit and receive the confidence and trust of the public. Upon | ||
a finding by the Department that a person has committed a | ||
violation of the disciplinary grounds of any licensing Act | ||
administered by the Department with regard to licenses, | ||
certificates, or authorities of persons exercising the | ||
respective professions, trades, or occupations, the Department | ||
is authorized to revoke, suspend, refuse to renew, place on | ||
probationary status, fine, or take any other disciplinary | ||
action it deems warranted against any licensee or registrant | ||
whose conduct violates the continuing requirement of good moral | ||
character. | ||