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Public Act 91-0558
HB1860 Enrolled LRB9104975ACtm
AN ACT to amend the Illinois Certified Shorthand
Reporters Act of 1984 by changing Section 23 and adding
Section 26.1.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Certified Shorthand Reporters
Act of 1984 is amended by changing Section 23 and adding
Section 26.1 as follows:
(225 ILCS 415/23) (from Ch. 111, par. 6223)
Sec. 23. Grounds for disciplinary action.
(a) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand or take other
disciplinary action as the Department may deem appropriate,
including fines not to exceed $5,000 for each violation, with
regard to any license for any one or combination of the
following:
(1) Material misstatement in furnishing information
to the Department;
(2) Violations of this Act, or of the rules
promulgated thereunder;
(3) Conviction of any crime under the laws of the
United States or any state or territory thereof which is
a felony or which is a misdemeanor, an essential element
of which is dishonesty, or of any crime which is directly
related to the practice of shorthand reporting;
(4) Making any misrepresentation for the purpose of
obtaining certification, or violating any provision of
this Act or the rules promulgated thereunder pertaining
to advertising;
(5) Having demonstrated unworthiness, or
incompetency to act as a certified shorthand reporter in
such manner as to safeguard the interest of the public;
(6) Aiding or assisting another person, firm,
partnership or corporation in violating any provision of
this Act or rules;
(7) Failing, within 60 days, to provide information
in response to a written request made by the Department;
(8) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public;
(9) Habitual intoxication or addiction to the use
of drugs;
(10) Discipline by another state, the District of
Columbia, a territory, or foreign nation, if at least one
of the grounds for the discipline is the same or
substantially equivalent to those set forth herein;
(11) Directly or indirectly giving to or receiving
from any person, firm, corporation, partnership or
association any fee, commission, rebate or other form of
compensation for professional services not actually or
personally rendered;
(12) A finding by the Board that the certificate
holder, after having his certificate placed on
probationary status, has violated the terms of probation;
(13) Willfully making or filing false records or
reports in the practice of shorthand reporting, including
but not limited to false records filed with State
agencies or departments;
(14) Physical illness, including but not limited
to, deterioration through the aging process, or loss of
motor skill which results in the inability to practice
the profession with reasonable judgment, skill or safety;
(15) Solicitation of professional services other
than by permitted advertising;
(16) Willful failure to take full and accurate
stenographic notes of any proceeding;
(17) Willful alteration of any stenographic notes
taken at any proceeding;
(18) Willful failure to accurately transcribe
verbatim any stenographic notes taken at any proceeding;
(19) Willful alteration of a transcript of
stenographic notes taken at any proceeding;
(20) Affixing one's signature to any transcript of
his stenographic notes or certifying to its correctness
unless the transcript has been prepared by him or under
his immediate supervision;
(21) Willful failure to systematically retain
stenographic notes, recordings or transcripts on paper or
any electronic media for 5 years from the date that the
notes or transcripts were taken or for 5 years from the
end of litigation for time periods required by law;
(22) Failure to deliver transcripts in a timely
manner or in accordance with contractual agreements;
(23) Establishing contingent fees as a basis of
compensation.
(b) The determination by a circuit court that a
certificate holder is subject to involuntary admission or
judicial admission as provided in the Mental Health and
Developmental Disabilities Code, operates as an automatic
suspension. Such suspension will end only upon a finding by
a court that the patient is no longer subject to involuntary
admission or judicial admission, an order by the court so
finding and discharging the patient, and the recommendation
of the Board to the Director that the certificate holder be
allowed to resume his practice.
(Source: P.A. 86-615; 87-481; 87-576.)
(225 ILCS 415/26.1 new)
Sec. 26.1. Responsibility for notes. It is the licensee's
responsibility to preserve his or her shorthand notes for a
period of no less than 5 years from the end of litigation,
except as otherwise prescribed by law, through storage of the
original paper notes or an electronic copy of either the
shorthand notes or the English transcript of the notes on
computer disks, cassettes, backup tape systems, or optical or
laser disk systems.
Section 99. Effective date. This Act takes effect upon
becoming law.
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