REDUCING BARRIERS TO LICENSURE

Illinois General Assembly - Full Text of HB4762

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HB4762 - 104th General Assembly

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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

HB4762 Enrolled
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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

HB4762 Enrolled
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LRB104 17958 AAS 31395 b
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
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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
;

HB4762 Enrolled
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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

HB4762 Enrolled
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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
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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

HB4762 Enrolled
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LRB104 17958 AAS 31395 b
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

HB4762 Enrolled
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LRB104 17958 AAS 31395 b
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

HB4762 Enrolled
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LRB104 17958 AAS 31395 b
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
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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
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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

HB4762 Enrolled
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LRB104 17958 AAS 31395 b
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

HB4762 Enrolled
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LRB104 17958 AAS 31395 b
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

HB4762 Enrolled
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LRB104 17958 AAS 31395 b
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

HB4762 Enrolled
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LRB104 17958 AAS 31395 b
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

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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
.

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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;

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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

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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.

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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:

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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

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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
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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.

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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

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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

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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

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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.

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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

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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
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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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