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Illinois General Assembly· HB 4762Governor Approved

REDUCING BARRIERS TO LICENSURE, the official text

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HB4762 Enrolled                     LRB104 17958 AAS 31395 b

1   AN ACT concerning regulation.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 1. This Act may be referred to as the

5 Comprehensive Licensing Information to Minimize Barriers Act.

6   Section 5. The Department of Professional Regulation Law

7 of the Civil Administrative Code of Illinois is amended by

8 changing Sections 2105-5, 2105-105, 2105-131, 2105-135,

9 2105-165, 2105-170, 2105-205, and 2105-207 as follows:

10  (20 ILCS 2105/2105-5) (was 20 ILCS 2105/60b)

11  Sec. 2105-5. Definitions. In this Law:

12  "Address of record" means the designated address recorded

13 by the Department in the applicant's application file or the

14 licensee's license file, as maintained by the Department's

15 licensure maintenance unit. An address of record must be a

16 street address, not a post office box or any other similar

17 location.

18  "Applicant" means an applicant for a license,

19 certification, registration, permit, or other authority issued

20 or conferred by the Department by virtue or authority of which

21 the licensee has or claims the right to engage in a profession,

22 trade, occupation, or operation of which the Department has
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1 jurisdiction.

2   "Department" means the Division of Professional Regulation

3 and the Division of Real Estate of the Department of Financial

4 and Professional Regulation. Any reference in this Article to

5 the "Department of Professional Regulation" shall be deemed to

6 mean the "Division of Professional Regulation and the Division

7 of Real Estate of the Department of Financial and Professional

8 Regulation".

9   "Director" means the Director of Professional Regulation

10 or the Director of Real Estate.

11  "Email address of record" means the designated email

12 address recorded by the Department in the applicant's

13 application file or the licensee's license file, as maintained

14 by the Department's licensure maintenance unit.

15  "Board" means the board of persons designated for a

16 profession, trade, or occupation under the provisions of any

17 Act now or hereafter in force whereby the jurisdiction of that

18 profession, trade, or occupation is devolved on the

19 Department.

20  "License" means a license, registration, certification,

21 permit, or other authority purporting to be issued or

22 conferred by the Department by virtue or authority of which

23 the licensee has or claims the right to engage in a profession,

24 trade, occupation, or operation of which the Department has

25 jurisdiction.

26  "Licensee" means a person who holds or claims to hold a
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1 license. An unlicensed person or entity that holds himself,

2 herself, or itself out as a licensee or engages in a licensed

3 activity shall be deemed to be a licensee for the purposes of

4 investigation or disciplinary action.

5   "Retiree" means a person who has been duly licensed,

6 registered, or certified in a profession regulated by the

7 Department and who chooses to relinquish or not renew his or

8 her license, registration, or certification.

9 (Source: P.A. 99-227, eff. 8-3-15; 100-262, eff. 8-22-17.)

10  (20 ILCS 2105/2105-105) (was 20 ILCS 2105/60d)

11  Sec. 2105-105. Oaths; subpoenas; penalty.

12  (a) Notwithstanding any provision of law to the contrary

13 in any licensing Act, the The Department, by its Director or a

14 person designated by him or her, is empowered, at any time

15 during the course of any investigation or hearing conducted

16 pursuant to any Act administered by the Department, to

17 administer oaths, subpoena witnesses, take evidence, and

18 compel the production of any books, papers, records, or any

19 other documents that the Director, or a person designated by

20 him or her, deems relevant or material to any such

21 investigation or hearing conducted by the Department, with the

22 same fees and mileage and in the same manner as prescribed by

23 law in judicial proceedings in civil cases in circuit courts

24 of this State. Witnesses in hearings conducted under this

25 Section are entitled to the same fees and mileage, and in the
    HB4762 Enrolled          -4-        LRB104 17958 AAS 31395 b

1 same manner, as prescribed by law in judicial proceedings in

2 civil cases of this State. Discovery or evidence depositions

3 shall not be taken, except by agreement of the Department and

4 registrant.

5   (b) Any person who, without lawful authority, fails to

6 appear in response to a subpoena or to answer any question or

7 produce any books, papers, records, or any other documents

8 relevant or material to the investigation or hearing is guilty

9 of a Class A misdemeanor. Each violation shall constitute a

10 separate and distinct offense.

11  In addition to initiating criminal proceedings, the

12 Department, through the Attorney General, may seek enforcement

13 of any such subpoena by any circuit court of this State.

14 (Source: P.A. 99-227, eff. 8-3-15.)

15  (20 ILCS 2105/2105-131)

16  Sec. 2105-131. Applicants with criminal convictions;

17 notice of denial.

18  (a) For the purposes of this Section, "mitigating factors"

19 means any information, evidence, conduct, or circumstances

20 before, during, or after the offense or offenses reviewed by

21 the Department that may reflect favorably on an applicant's

22 request for licensure, registration, or certification through

23 the Department, such as 3 years having passed since release

24 from confinement. Mitigating factors are not a bar to

25 licensure, instead they provide guidance for the Department
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1 when considering licensure, registration, or certification for

2 an applicant with criminal history.

3   Except as provided in Section 2105-165 of this Act

4 regarding licensing restrictions based on enumerated offenses

5 for health care workers as defined in the Health Care Worker

6 Self-Referral Act and except as provided in any licensing Act

7 administered by the Department in which convictions of certain

8 enumerated offenses are a bar to licensure, the Department,

9 upon a finding that an applicant for a license, certificate,

10 or registration was previously convicted of a felony or

11 misdemeanor that may be grounds for refusing to issue a

12 license or certificate or to grant a registration, shall

13 consider any mitigating factors and evidence of rehabilitation

14 contained in the applicant's record, including the

15 circumstances surrounding the offense or offenses and any of

16 the following, to determine whether a prior conviction will

17 impair the ability of the applicant to engage in the practice

18 for which a license, certificate, or registration is sought:

19  (1) the lack of direct relationship relation of the

20  offense for which the applicant was previously convicted

21  to the duties, functions, and responsibilities of the

22  position for which a license is sought, whether the

23  license sought offers the opportunity for the same offense

24  or a similar offense to occur, and whether the

25  circumstances leading to the conduct for which the person

26  was convicted may reoccur in the profession sought;
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1   (2) any mitigating factors, from the point of arrest

2   or indictment when determined to be appropriate, unless

3   otherwise specified and including, but not limited to,

4   evidence of rehabilitation, the circumstances surrounding

5   the offense, the number of prior convictions that appear

6   on the conviction record, the length of time since the

7   last conviction, and whether 5 years since a felony

8   conviction or 3 years since release from confinement for

9   the conviction, whichever is later, have passed without a

10  subsequent conviction;

11  (3) if the applicant was previously licensed or

12  employed in this State or other states or jurisdictions,

13  the lack of prior misconduct arising from or related to

14  the licensed position or position of employment;

15  (4) the age of the person at the time of the criminal

16  offense for which the applicant was previously convicted

17  and the facts and circumstances surrounding that offense

18  and subsequent conviction;

19  (4.5) the nature and severity of the prior conviction

20  and the relationship of the prior conviction to the safety

21  and security of others if, due to the applicant's criminal

22  conviction history, the applicant would be explicitly

23  prohibited by federal rules or regulations from working in

24  the position for which a license is sought;

25  (5) successful completion of sentence and, for

26  applicants serving a term of parole or probation, a
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1   progress report provided by the applicant's probation or

2   parole officer that documents the applicant's compliance

3   with conditions of supervision;

4   (6) evidence of the applicant's present fitness and

5   professional record, including the applicant's employment

6   history character;

7   (7) evidence of rehabilitation or rehabilitative

8   effort during or after incarceration, or during or after a

9   term of supervision, including, but not limited to, a

10  certificate of good conduct under Section 5-5.5-25 of the

11  Unified Code of Corrections or certificate of relief from

12  disabilities under Section 5-5.5-10 of the Unified Code of

13  Corrections; and

14  (8) any other mitigating factors that contribute to

15  the person's potential and current ability to perform the

16  job duties.

17  (b) If the Department refuses to issue a license or

18 certificate or grant registration to an applicant based upon a

19 conviction or convictions, in whole or in part, the Department

20 shall notify the applicant of the denial in writing with the

21 following included in the notice of denial:

22  (1) a statement about the decision to refuse to grant

23  a license, certificate, or registration, including an

24  explanation of how the conviction directly relates to and

25  would prevent the person from effectively engaging in the

26  position for which a license, registration, or certificate
    HB4762 Enrolled          -8-  LRB104 17958 AAS 31395 b

1   is sought;

2   (2) a list of convictions that the Department

3   determined will impair the applicant's ability to engage

4   in the position for which a license, registration, or

5   certificate is sought;

6   (3) a list of convictions that formed the sole or

7   partial basis for the refusal to issue a license or

8   certificate or grant registration; and

9   (4) a summary of the appeal process or the earliest

10  the applicant may reapply for a license, certificate, or

11  registration, whichever is applicable.

12  (c) The Department shall post on its website a list of all

13 State licensing restrictions that would prohibit an applicant

14 from working in a position for which a license is sought.

15 (Source: P.A. 101-388, eff. 1-1-20; 102-105, eff. 1-1-22.)

16  (20 ILCS 2105/2105-135)

17  Sec. 2105-135. Qualification for licensure or

18 registration; good moral character; applicant conviction

19 records.

20  (a) The practice of professions licensed or registered by

21 the Department is hereby declared to affect the public health,

22 safety, and welfare and to be subject to regulation and

23 control in the public interest. It is further declared to be a

24 matter of public interest and concern that persons who are

25 licensed or registered to engage in any of the professions
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1 licensed or registered by the Department perform the functions

2 of those professions in a manner that does not harm or threaten

3 harm to members of the public are of good moral character,

4 which shall be a continuing requirement of licensure or

5 registration so as to merit and receive the confidence and

6 trust of the public. Upon a finding by the Department that a

7 person has committed a violation of the disciplinary grounds

8 of any licensing Act administered by the Department with

9 regard to licenses, certificates, or authorities of persons

10 exercising the respective professions, trades, or occupations,

11 the Department, in addition to any remedy authorized under the

12 licensing Act, is authorized to revoke, suspend, refuse to

13 renew, place on probationary status, fine, or take any other

14 disciplinary or nondisciplinary action it deems warranted

15 against any licensee or registrant whose conduct harms or

16 threatens harm to members of the public, as long as the

17 Department has considered the factors set forth in subsection

18 (a) of Section 2105-131 of this Act violates the continuing

19 requirement of good moral character.

20  (b) No application for licensure or registration shall be

21 denied by reason of a finding of lack of good moral character

22 when the finding is based solely upon the fact that the

23 applicant has previously been convicted of one or more

24 criminal offenses. When reviewing a prior conviction of an

25 initial applicant for the purpose of determining good moral

26 character, the Department shall consider the factors evidence
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1 of rehabilitation and mitigating factors in the applicant's

2 record, including those set forth in subsection (a) of Section

3 2105-131 of this Act. A denial based on a finding of an

4 applicant's lack of good moral character related to a prior

5 conviction shall only be permitted when required by the

6 relevant professional Act and after the Department has

7 considered the factors set forth in subsection (a) of Section

8 2105-131 of this Act.

9   (c) The Department shall not require applicants to report

10 the following information and shall not consider the following

11 criminal history records in connection with an application for

12 licensure or registration:

13  (1) juvenile adjudications of delinquent minors as

14  defined in Section 5-105 of the Juvenile Court Act of 1987

15  subject to the restrictions set forth in Section 5-130 of

16  that Act;

17  (2) law enforcement records, court records, and

18  conviction records of an individual who was 17 years old

19  at the time of the offense and before January 1, 2014,

20  unless the nature of the offense required the individual

21  to be tried as an adult;

22  (3) records of arrest not followed by a charge or

23  conviction;

24  (4) records of arrest where the charges were

25  dismissed; unless related to the practice of the

26  profession; however, applicants shall not be asked to
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1   report any arrests, and an arrest not followed by a

2   conviction, if disclosed, shall not be the basis of a

3   denial and may be used only to assess an applicant's

4   rehabilitation;

5           (5) convictions overturned by a higher court; or

6           (6) convictions or arrests that have been sealed or

7   expunged.

8 (Source: P.A. 100-286, eff. 1-1-18.)

9   (20 ILCS 2105/2105-165)

10  Sec. 2105-165. Health care worker licensure actions; sex

11 crimes.

12  (a) When a licensed health care worker, as defined in the

13 Health Care Worker Self-Referral Act, (1) has been convicted

14 of a criminal act that requires registration under the Sex

15 Offender Registration Act; (1.5) has been convicted of

16 involuntary sexual servitude of a minor under subsection (c)

17 of Section 10-9 or subsection (b) of Section 10A-10 of the

18 Criminal Code of 1961 or the Criminal Code of 2012; (2) has

19 been convicted of a criminal battery against any patient in

20 the course of patient care or treatment, including any offense

21 based on sexual conduct or sexual penetration; (3) has been

22 convicted of a forcible felony; or (4) is required as a part of

23 a criminal sentence to register under the Sex Offender

24 Registration Act, then, notwithstanding any other provision of

25 law to the contrary, except as provided in this Section, the
    HB4762 Enrolled  - 12 - LRB104 17958 AAS 31395 b

1 license of the health care worker shall by operation of law be

2 permanently revoked without a hearing.

3   (a-1) If a licensed health care worker has been convicted

4 of a forcible felony, other than a forcible felony requiring

5 registration under the Sex Offender Registration Act,

6 involuntary sexual servitude of a minor that is a forcible

7 felony, or a criminal battery against any patient in the

8 course of patient care or treatment, is not required to

9 register as a sex offender, and has had his or her license

10 revoked pursuant to item (3) of subsection (a) of this

11 Section, then the health care worker may petition the

12 Department to restore his or her license if more than 5 years

13 have passed since the conviction or more than 3 years have

14 passed since the health care worker's release from confinement

15 for that conviction, whichever is later. In determining

16 whether a license shall be restored, the Department shall

17 consider, but is not limited to, the following factors:

18  (1) the seriousness of the offense;

19  (2) the presence of multiple offenses;

20  (3) prior disciplinary history, including, but not

21  limited to, actions taken by other agencies in this State

22  or by other states or jurisdictions, hospitals, health

23  care facilities, residency programs, employers, insurance

24  providers, or any of the armed forces of the United States

25  or any state;

26  (4) the impact of the offense on any injured party;
    HB4762 Enrolled  - 13 - LRB104 17958 AAS 31395 b

1   (5) the vulnerability of any injured party, including,

2   but not limited to, consideration of the injured party's

3   age, disability, or mental illness;

4   (6) the motive for the offense;

5   (7) the lack of contrition for the offense;

6   (8) the lack of cooperation with the Department or

7   other investigative authorities;

8   (9) the lack of prior disciplinary action, including,

9   but not limited to, action by the Department or by other

10  agencies in this State or by other states or

11  jurisdictions, hospitals, health care facilities,

12  residency programs, employers, insurance providers, or any

13  of the armed forces of the United States or any state;

14  (10) contrition for the offense;

15  (11) cooperation with the Department or other

16  investigative authorities;

17  (12) restitution to injured parties;

18  (13) whether the misconduct was self-reported;

19  (14) any voluntary remedial actions taken or other

20  evidence of rehabilitation; and

21  (15) the date of conviction.

22  (b) No person who has been convicted of any offense listed

23 in subsection (a) or required to register as a sex offender may

24 receive a license as a health care worker in Illinois. The

25 process for petition and review by the Department provided in

26 subsection (a-1) shall also apply to a person whose
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1 application for licensure is denied pursuant to item (3) of

2 subsection (a) of this Section for a conviction of a forcible

3 felony, other than a forcible felony requiring registration

4 under the Sex Offender Registration Act, involuntary sexual

5 servitude of a minor that is a forcible felony, or a criminal

6 battery against any patient in the course of patient care or

7 treatment, who is not required to register as a sex offender.

8  (c) Immediately after a licensed health care worker, as

9 defined in the Health Care Worker Self-Referral Act, has been

10 charged with any offense for which the sentence includes

11 registration as a sex offender; involuntary sexual servitude

12 of a minor; a criminal battery against a patient, including

13 any offense based on sexual conduct or sexual penetration, in

14 the course of patient care or treatment; or a forcible felony;

15 then the prosecuting attorney shall provide notice to the

16 Department of the health care worker's name, address, practice

17 address, and license number and the patient's name and a copy

18 of the criminal charges filed. Within 5 business days after

19 receiving notice from the prosecuting attorney of the filing

20 of criminal charges against the health care worker, the

21 Secretary shall issue an administrative order that the health

22 care worker shall immediately practice only with a chaperone

23 during all patient encounters pending the outcome of the

24 criminal proceedings. The chaperone must be a licensed health

25 care worker. The chaperone shall provide written notice to all

26 of the health care worker's patients explaining the
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1 Department's order to use a chaperone. Each patient shall sign

2 an acknowledgement that they received the notice. The notice

3 to the patient of criminal charges shall include, in 14-point

4 font, the following statement: "The health care worker is

5 presumed innocent until proven guilty of the charges.". The

6 licensed health care worker shall provide a written plan of

7 compliance with the administrative order that is acceptable to

8 the Department within 5 days after service receipt of the

9 administrative order. Failure to comply with the

10 administrative order, failure to file a compliance plan, or

11 failure to follow the compliance plan shall subject the health

12 care worker to temporary suspension of his or her professional

13 license until the completion of the criminal proceedings.

14  (d) Nothing contained in this Section shall act in any way

15 to waive or modify the confidentiality of information provided

16 by the prosecuting attorney to the extent provided by law. Any

17 information reported or disclosed shall be kept for the

18 confidential use of the Secretary, Department attorneys, the

19 investigative staff, and authorized clerical staff and shall

20 be afforded the same status as is provided information under

21 Part 21 of Article VIII of the Code of Civil Procedure, except

22 that the Department may disclose information and documents to

23 (1) a federal, State, or local law enforcement agency pursuant

24 to a subpoena in an ongoing criminal investigation or (2) an

25 appropriate licensing authority of another state or

26 jurisdiction pursuant to an official request made by that
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1 authority. Any information and documents disclosed to a

2 federal, State, or local law enforcement agency may be used by

3 that agency only for the investigation and prosecution of a

4 criminal offense. Any information or documents disclosed by

5 the Department to a professional licensing authority of

6 another state or jurisdiction may only be used by that

7 authority for investigations and disciplinary proceedings with

8 regards to a professional license.

9   (e) Any licensee whose license was revoked or who received

10 an administrative order under this Section shall have the

11 revocation or administrative order vacated and completely

12 removed from the licensee's records and public view and the

13 revocation or administrative order shall be afforded the same

14 status as is provided information under Part 21 of Article

15 VIII of the Code of Civil Procedure if (1) the charges upon

16 which the revocation or administrative order is based are

17 dropped; (2) the licensee is not convicted of the charges upon

18 which the revocation or administrative order is based; or (3)

19 any conviction for charges upon which the revocation or

20 administrative order was based have been vacated, overturned,

21 or reversed.

22  (f) Nothing contained in this Section shall prohibit the

23 Department from initiating or maintaining a disciplinary

24 action against a licensee independent from any criminal

25 charges, conviction, or sex offender registration.

26  (g) The Department may adopt rules necessary to implement
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1 this Section.

2   (h) For the purposes of this Section, "conviction"

3 includes a plea of guilty, a plea of nolo contendere, a finding

4 of guilt, a jury verdict, and an entry of judgment or

5 sentencing, including, but not limited to, preceding sentences

6 of supervision, conditional discharge, or first offender

7 probation.

8 (Source: P.A. 99-886, eff. 1-1-17; 100-262, eff. 8-22-17.)

9   (20 ILCS 2105/2105-170)

10  Sec. 2105-170. Health care workers; automatic suspension

11 of license or registration. A health care worker, as defined

12 by the Health Care Worker Self-Referral Act or as set forth by

13 rule, licensed or registered by the Department shall be

14 automatically and indefinitely suspended if the licensee has

15 either been convicted of or has entered a plea of guilty or

16 nolo contendere in a criminal prosecution to a criminal health

17 care fraud offense or a criminal insurance fraud offense

18 requiring intent under the laws of the State, the laws of any

19 other state, or the laws of the United States of America,

20 including, but not limited to, criminal Medicare or Medicaid

21 fraud. A certified copy of the conviction or judgment shall be

22 the basis for the suspension. If, after the issuance of the

23 Department's order to suspend, a licensee requests a hearing,

24 then the sole purpose of the hearing shall be limited to the

25 length of the suspension of the licensee's license, as the
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1 conviction or judgment is a matter of record and may not be
2 challenged.
3 (Source: P.A. 99-211, eff. 1-1-16; 100-262, eff. 8-22-17.)

4   (20 ILCS 2105/2105-205) (was 20 ILCS 2105/60.3)

5   Sec. 2105-205. Publication of disciplinary actions; annual

6 report.

7   (a) The Department shall publish on its website, at least

8 monthly, final disciplinary actions taken by the Department

9 against a licensee or applicant pursuant to any licensing Act

10 administered by the Department. The specific disciplinary

11 action and the name of the applicant or licensee shall be

12 listed.

13  (b) No later than May 1 of each year, the Department must

14 prepare, publicly announce, and publish a report of summary

15 statistical information relating to new license,

16 certification, or registration applications during the

17 preceding calendar year. Each report shall show at minimum:

18          (1) the number of applicants for each new license,

19  certificate, or registration administered by the

20  Department in the previous calendar year;

21          (2) the number of applicants for a new license,

22  certificate, or registration within the previous calendar

23  year who had any criminal conviction;

24          (3) the number of applicants for a new license,

25  certificate, or registration in the previous calendar year
    HB4762 Enrolled  - 19 - LRB104 17958 AAS 31395 b

1   who were granted a license, registration, or certificate;

2   (4) the number of applicants for a new license,

3   certificate, or registration within the previous calendar

4   year with a criminal conviction who were granted a

5   license, certificate, or registration in the previous

6   calendar year;

7   (5) the number of applicants for a new license,

8   certificate, or registration in the previous calendar year

9   who were denied a license, registration, or certificate;

10  (6) the number of applicants for new license,

11  certificate, or registration in the previous calendar year

12  with a criminal conviction who were denied a license,

13  certificate, or registration in part or in whole because

14  of such conviction, including the types of criminal

15  convictions;

16  (7) the number of licenses issued on probation within

17  the previous calendar year to applicants with a criminal

18  conviction; and

19  (8) the number of licensees or certificate holders

20  whose records who were granted expungement for a record of

21  discipline with the Department were sealed based on a

22  conviction predating licensure, certification, or

23  registration or a criminal charge, arrest, or a conviction

24  that was dismissed, sealed, or expunged or did not arise

25  from the regulated activity, as a share of the total such

26  expungement requests to seal.
    HB4762 Enrolled          - 20 - LRB104 17958 AAS 31395 b

1 (Source: P.A. 102-105, eff. 1-1-22.)

2   (20 ILCS 2105/2105-207)

3   Sec. 2105-207. Records of Department actions; sealing of

4 disciplinary records.

5   (a) Any licensee subject to a licensing Act administered

6 by the Department and who has been subject to disciplinary

7 action by the Department may file an application with the

8 Department on forms provided by the Department, along with the

9 required fee of $175, to have the records classified as

10 confidential, not for public release, and considered sealed

11 expunged for reporting purposes if:

12  (1) the application is submitted more than 3 years

13  after the disciplinary offense or offenses occurred or

14  after restoration of the license, whichever is later;

15  (2) the licensee has had no incidents of discipline

16  under the licensing Act since the disciplinary offense or

17  offenses identified in the application occurred;

18  (3) the Department has no pending investigations

19  against the licensee; and

20  (4) the licensee is not currently in a disciplinary

21  status.

22  (b) An application to make disciplinary records

23 confidential shall only be considered by the Department for an

24 offense or action relating to:

25  (1) failure to pay taxes;
    HB4762 Enrolled   - 21 - LRB104 17958 AAS 31395 b

1   (2) continuing education;

2   (3) failure to renew a license on time;

3   (4) failure to obtain or renew a certificate of

4   registration or ancillary license;

5   (5) advertising;

6   (5.1) discipline based on criminal charges or

7   convictions:

8   (A) that did not arise from the licensed activity

9   and was unrelated to the licensed activity; or

10  (B) that were dismissed or for which records have

11  been sealed or expunged;

12  (5.2) past probationary status of a license issued to

13  new applicants on the sole or partial basis of prior

14  convictions;

15  (6) any grounds for discipline removed from the

16  licensing Act;

17  (7) failure to comply with workers' compensation

18  requirements; or

19  (8) reprimand of a licensee.

20  (c) An application shall be submitted to and considered by

21 the Director upon submission of an application and the

22 required non-refundable fee. The Department may establish

23 additional requirements by rule. The Department is not

24 required to report the removal of any disciplinary record to

25 any national database. Nothing in this Section shall prohibit

26 the Department from using a previous discipline for any
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1 regulatory purpose or from releasing records of a previous

2 discipline upon request from law enforcement, or other

3 governmental body as permitted by law. Classification of

4 records as confidential shall result in removal of records of

5 discipline from records kept pursuant to Sections 2105-200 and

6 2105-205 of this Act.

7   (d) Any applicant for licensure or a licensee whose

8 petition for review is granted by the Department pursuant to

9 subsection (a-1) of Section 2105-165 of this Law may file an

10 application with the Department on forms provided by the

11 Department to have records relating to his or her permanent

12 denial or permanent revocation classified as confidential and

13 not for public release and considered sealed expunged for

14 reporting purposes in the same manner and under the same terms

15 as is provided in this Section for the offenses listed in

16 subsection (b) of this Section, except that the requirements

17 of a 3-year waiting period and the $175 application fee do not

18 apply.

19  (e) Notwithstanding any other provisions of this Section,

20 and unless otherwise required by law, the Department shall

21 classify disciplinary records as confidential and remove final

22 disciplinary actions from public record without application

23 when:

24         (1) 5 years or more have lapsed since the later of: (A)

25  entry of a final disciplinary order against the applicant

26  or licensee or (B) restoration of the license after the
    HB4762 Enrolled        - 23 - LRB104 17958 AAS 31395 b

1   order;

2   (2) the licensee is not in disciplinary or

3   probationary status, and there is no pending investigation

4   against the licensee; and

5   (3) there have been no other incidents of discipline

6   under any licensing Act regulated by the Department since

7   the public discipline subject to review was entered or the

8   license was restored.

9   The disciplinary offense or offenses that qualify under

10 this subsection (e) do not include violations based on:

11  (A) convictions of health care workers for the

12  offenses enumerated in Section 2105-165 unless a petition

13  for review was granted pursuant to subsection (a-1) of

14  Section 2105-165;

15  (B) forcible felony convictions as listed by the

16  Criminal Code of 2012 or an equivalent law in any other

17  jurisdiction, including under federal law;

18  (C) criminal acts that require registration under the

19  Sex Offender Registration Act or sexual misconduct that is

20  a violation of the Department's professional Acts;

21  (D) convictions of massage therapists for the offenses

22  specified in subsections (c) and (c-5) of Section 45 of

23  the Massage Therapy Practice Act; or

24  (E) felony convictions related to fraudulent activity,

25  including, but not limited to, forgery, embezzlement,

26  falsifying documentation, and defrauding the government.
    HB4762 Enrolled  - 24 - LRB104 17958 AAS 31395 b

1   If a disciplinary order consists of any of the convictions

2 that do not qualify under this subsection (e), even in part,

3 the disciplinary action shall not qualify for sealing under

4 this subsection (e). The Department shall have up to 3 years

5 after the effective date of this amendatory Act of the 104th

6 General Assembly to fully implement the process of sealing

7 records as provided in this subsection (e), subject to the

8 availability of funds for the costs of programming and

9 personnel required for the Department's implementation and the

10 expenditure of Department resources.

11  (f) The Department may adopt additional requirements by

12 rule. The Department is not required to report the removal of

13 any disciplinary record from public record to any national

14 database. Nothing in this Section shall prohibit the

15 Department from using a previous discipline for any regulatory

16 purpose, such as a factor in aggravation, in any future

17 disciplinary proceeding. The Department shall not be

18 prohibited from releasing records of a previous discipline

19 upon request by law enforcement or other governmental bodies

20 as permitted by law. Classification of records as confidential

21 shall result in removal of records of discipline from records

22 kept pursuant to Sections 2105-200 and 2105-205 of this Act.

23 (Source: P.A. 103-26, eff. 1-1-24.)

24  Section 15. The Health Care Professional Credentials Data

25 Collection Act is amended by changing Section 51 as follows:
    HB4762 Enrolled           - 25 - LRB104 17958 AAS 31395 b

1   (410 ILCS 517/51)

2   Sec. 51. Licensure records. Licensure records designated

3 confidential and considered sealed expunged for reporting

4 purposes by the licensee under Section 2105-207 of the Civil

5 Administrative Code of Illinois are not reportable under this

6 Act.

7 (Source: P.A. 98-816, eff. 8-1-14; 99-78, eff. 7-20-15.)

8   Section 20. The Unified Code of Corrections is amended by

9 changing Sections 5-5-5 and 5-5.5-25 as follows:

10  (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)

11  Sec. 5-5-5. Loss and restoration of rights.

12  (a) Conviction and disposition shall not entail the loss

13 by the defendant of any civil rights, except under this

14 Section and Sections 29-6 and 29-10 of The Election Code, as

15 now or hereafter amended.

16  (b) A person convicted of a felony shall be ineligible to

17 hold an office created by the Constitution of this State until

18 the completion of his sentence.

19  (b-5) Notwithstanding any other provision of law, a person

20 convicted of a felony, bribery, perjury, or other infamous

21 crime for an offense committed on or after the effective date

22 of this amendatory Act of the 103rd General Assembly and

23 committed while he or she was serving as a public official in
    HB4762 Enrolled  - 26 - LRB104 17958 AAS 31395 b

1 this State is ineligible to hold any local public office or any

2 office created by the Constitution of this State unless the

3 person's conviction is reversed, the person is again restored

4 to such rights by the terms of a pardon for the offense, the

5 person has received a restoration of rights by the Governor,

6 or the person's rights are otherwise restored by law.

7   (c) A person sentenced to imprisonment shall lose his

8 right to vote until released from imprisonment.

9   (d) (Blank). On completion of sentence of imprisonment or

10 upon discharge from probation, conditional discharge or

11 periodic imprisonment, or at any time thereafter, all license

12 rights and privileges granted under the authority of this

13 State which have been revoked or suspended because of

14 conviction of an offense shall be restored unless the

15 authority having jurisdiction of such license rights finds

16 after investigation and hearing that restoration is not in the

17 public interest. This paragraph (d) shall not apply to the

18 suspension or revocation of a license to operate a motor

19 vehicle under the Illinois Vehicle Code.

20  (e) Upon a person's discharge from incarceration or

21 parole, or upon a person's discharge from probation or at any

22 time thereafter, the committing court may enter an order

23 certifying that the sentence has been satisfactorily completed

24 when the court believes it would assist in the rehabilitation

25 of the person and be consistent with the public welfare. Such

26 order may be entered upon the motion of the defendant or the
    HB4762 Enrolled       - 27 - LRB104 17958 AAS 31395 b

1 State or upon the court's own motion.

2   (f) Upon entry of the order, the court shall issue to the

3 person in whose favor the order has been entered a certificate

4 stating that his behavior after conviction has warranted the

5 issuance of the order.

6   (g) This Section shall not affect the right of a defendant

7 to collaterally attack his conviction or to rely on it in bar

8 of subsequent proceedings for the same offense.

9   (h) No application for any license specified in subsection

10 (i) of this Section granted under the authority of this State

11 shall be denied to denied by reason of an eligible offender who

12 has obtained a certificate of relief from disabilities, as

13 defined in Article 5.5 of this Chapter, having been previously

14 convicted of one or more criminal offenses, or by reason of a

15 finding of lack of "good moral character" when the finding is

16 solely based upon the fact that the applicant has previously

17 been convicted of one or more criminal offenses, unless:

18  (1) there is a direct relationship between one or more

19  of the previous criminal offenses and the specific license

20  sought; or

21  (2) the issuance of the license would involve an

22  unreasonable risk to public safety and to the practice of

23  the applicable profession; and property or to the safety

24  or welfare of specific individuals or the general public.

25  (3) the applicant meets any other limitations or

26  factors detailed in the applicable professional Act.
    HB4762 Enrolled          - 28 - LRB104 17958 AAS 31395 b

1   In making such a determination, the licensing agency, in

2 addition to its own requirements, may shall consider the

3 following factors:

4   (1) the public policy of this State, as expressed in

5   Article 5.5 of this Chapter, to encourage the licensure

6   and employment of persons previously convicted of one or

7   more criminal offenses;

8   (2) the specific duties and responsibilities

9   necessarily related to the license being sought;

10  (3) the bearing, if any, the criminal offenses or

11  offenses for which the person was previously convicted

12  will have on his or her fitness or ability to perform one

13  or more such duties and responsibilities;

14  (4) the time which has elapsed since the occurrence of

15  the criminal offense or offenses;

16  (5) the age of the person at the time of occurrence of

17  the criminal offense or offenses;

18  (6) the seriousness of the offense or offenses;

19  (7) any information produced by the person or produced

20  on his or her behalf in regard to his or her rehabilitation

21  and good conduct, including a certificate of relief from

22  disabilities issued to the applicant, which certificate

23  shall create a presumption of rehabilitation in regard to

24  the offense or offenses specified in the certificate; and

25  (8) the legitimate interest of the licensing agency in

26  protecting property, and the safety and welfare of
    HB4762 Enrolled  - 29 - LRB104 17958 AAS 31395 b

1   specific individuals or the general public.

2   (i) A certificate of relief from disabilities shall be

3 issued only for a license or certification issued under the

4 following Acts, as well as all professional Acts regulated by

5 the Division of Professional Regulation and the Division of

6 Real Estate of the Department of Financial and Professional

7 Regulation:

8   (1) the Animal Welfare Act; except that a certificate

9   of relief from disabilities may not be granted to provide

10  for the issuance or restoration of a license under the

11  Animal Welfare Act for any person convicted of violating

12  Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane

13  Care for Animals Act or Section 26-5 or 48-1 of the

14  Criminal Code of 1961 or the Criminal Code of 2012;

15  (2) the Illinois Athletic Trainers Practice Act;

16  (3) the Barber, Cosmetology, Esthetics, Hair Braiding,

17  and Nail Technology Act of 1985;

18  (4) the Boiler and Pressure Vessel Repairer Regulation

19  Act;

20  (5) the Boxing and Full-contact Martial Arts Act;

21  (6) the Illinois Certified Shorthand Reporters Act of

22  1984;

23  (7) the Illinois Farm Labor Contractor Certification

24  Act;

25  (8) the Registered Interior Designers Act;

26  (9) the Illinois Professional Land Surveyor Act of
    HB4762 Enrolled  - 30 - LRB104 17958 AAS 31395 b

1   1989;

2   (10) the Landscape Architecture Registration Act;

3   (11) the Marriage and Family Therapy Licensing Act;

4   (12) the Private Employment Agency Act;

5   (13) the Professional Counselor and Clinical

6   Professional Counselor Licensing and Practice Act;

7   (14) the Real Estate License Act of 2000;

8   (15) the Illinois Roofing Industry Licensing Act;

9   (16) the Professional Engineering Practice Act of

10  1989;

11  (17) the Water Well and Pump Installation Contractor's

12  License Act;

13  (18) the Electrologist Licensing Act;

14  (19) the Auction License Act;

15  (20) the Illinois Architecture Practice Act of 1989;

16  (21) the Dietitian Nutritionist Practice Act;

17  (22) the Environmental Health Practitioner Licensing

18  Act;

19  (23) the Funeral Directors and Embalmers Licensing

20  Code;

21  (24) (blank);

22  (25) the Professional Geologist Licensing Act;

23  (26) the Illinois Public Accounting Act; and

24  (27) the Structural Engineering Practice Act of 1989.

25  Failure to obtain a certificate of relief from

26 disabilities shall not be the sole reason for denial of a
    HB4762 Enrolled        - 31 - LRB104 17958 AAS 31395 b

1 license specified in this subsection.
2 (Source: P.A. 102-284, eff. 8-6-21; 103-562, eff. 11-17-23.)

3   (730 ILCS 5/5-5.5-25)

4   Sec. 5-5.5-25. Certificate of good conduct.

5   (a) A certificate of good conduct may be granted as

6 provided in this Section to relieve an eligible offender of

7 any employment, occupational licensing, or housing bar. The

8 certificate may be limited to one or more disabilities or bars

9 or may relieve the individual of all disabilities and bars.

10  Notwithstanding any other provision of law, a certificate

11 of good conduct does not relieve an offender of any

12 employment-related disability imposed by law by reason of his

13 or her conviction of a crime that would prevent his or her

14 employment by the Department of Corrections, Department of

15 Juvenile Justice, or any other law enforcement agency in the

16 State.

17  (a-6) A certificate of good conduct may be granted as

18 provided in this Section to an eligible offender as defined in

19 Section 5-5.5-5 of this Code who has demonstrated by clear and

20 convincing evidence that he or she has been a law-abiding

21 citizen and is fully rehabilitated.

22  (b)(i) A certificate of good conduct may not, however, in

23 any way prevent any judicial proceeding, administrative,

24 licensing, or other body, board, or authority from considering

25 the conviction specified in the certificate.
    HB4762 Enrolled             - 32 - LRB104 17958 AAS 31395 b

1   (ii) A certificate of good conduct shall not limit or

2 prevent the introduction of evidence of a prior conviction for

3 purposes of impeachment of a witness in a judicial or other

4 proceeding where otherwise authorized by the applicable rules

5 of evidence.

6   (iii) A certificate of good conduct does not limit any

7 employer, landlord, judicial proceeding, administrative,

8 licensing, or other body, board, or authority from accessing

9 criminal background information; nor does it hide, alter, or

10 expunge the record.

11  (c) An employer is not civilly or criminally liable for an

12 act or omission by an employee who has been issued a

13 certificate of good conduct, except for a willful or wanton

14 act by the employer in hiring the employee who has been issued

15 a certificate of good conduct.

16  (d) The existence of a certificate of good conduct does

17 not preclude a landlord or an administrative, licensing, or

18 other body, board, or authority from retaining full discretion

19 to grant or deny the application for housing or licensure.

20 (Source: P.A. 101-154, eff. 1-1-20.)

21  (730 ILCS 5/5-5.5-50 rep.)

22  Section 25. The Unified Code of Corrections is amended by

23 repealing Section 5-5.5-50.

24  Section 95. Report. Nothing in this Act shall be construed
   HB4762 Enrolled  - 33 - LRB104 17958 AAS 31395 b

1 to eliminate the reporting requirements pursuant to Section
2 2105-205 of the Department of Professional Regulation Law of
3 the Civil Administrative Code of Illinois.

4  Section 97. Severability. The provisions of this Act are

5 severable under Section 1.31 of the Statute on Statutes.

6  Section 99. Effective date. This Act takes effect upon

7 becoming law.
   HB4762 Enrolled           - 34 - LRB104 17958 AAS 31395 b

1                            INDEX

2  Statutes amended in order of appearance

3 20 ILCS 2105/2105-5        was 20 ILCS 2105/60b

4 20 ILCS 2105/2105-105      was 20 ILCS 2105/60d

5 20 ILCS 2105/2105-131

6 20 ILCS 2105/2105-135

7 20 ILCS 2105/2105-165

8 20 ILCS 2105/2105-170

9 20 ILCS 2105/2105-205      was 20 ILCS 2105/60.3

10 20 ILCS 2105/2105-207

11 225 ILCS 410/1-7          from Ch. 111, par. 1701-7

12 410 ILCS 517/51

13 730 ILCS 5/5-5-5          from Ch. 38, par. 1005-5-5

14 730 ILCS 5/5-5.5-25

15 730 ILCS 5/5-5.5-50 rep.
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