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| 1 | AN ACT concerning regulation.
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| 2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||
| 3 | represented in the General Assembly:
| ||||||||||||||||||||||||
| 4 | Section 5. The Clinical Psychologist Licensing Act is | ||||||||||||||||||||||||
| 5 | amended by changing Section 3 and by adding Section 24.2 as | ||||||||||||||||||||||||
| 6 | follows:
| ||||||||||||||||||||||||
| 7 | (225 ILCS 15/3) (from Ch. 111, par. 5353)
| ||||||||||||||||||||||||
| 8 | (Section scheduled to be repealed on January 1, 2017)
| ||||||||||||||||||||||||
| 9 | Sec. 3. Necessity of license; corporations, limited | ||||||||||||||||||||||||
| 10 | liability companies, partnerships, and
associations; display | ||||||||||||||||||||||||
| 11 | of license.
| ||||||||||||||||||||||||
| 12 | (a) No individual, partnership, association or corporation
| ||||||||||||||||||||||||
| 13 | shall, without a valid license as a clinical psychologist | ||||||||||||||||||||||||
| 14 | issued by the
Department, in any manner hold himself or herself | ||||||||||||||||||||||||
| 15 | out to the public as a
psychologist or clinical psychologist | ||||||||||||||||||||||||
| 16 | under the provisions of this Act or
render or offer to render | ||||||||||||||||||||||||
| 17 | clinical psychological services as defined in
paragraph 7 of | ||||||||||||||||||||||||
| 18 | Section 2 of this Act; or attach the title "clinical
| ||||||||||||||||||||||||
| 19 | psychologist",
"psychologist"
or any other name or
designation | ||||||||||||||||||||||||
| 20 | which would in any way imply that he or she is able to practice
| ||||||||||||||||||||||||
| 21 | as a
clinical
psychologist; or offer to render or render, to | ||||||||||||||||||||||||
| 22 | individuals, corporations
or the public, clinical | ||||||||||||||||||||||||
| 23 | psychological services as defined in paragraph 7 of
Section 2 | ||||||||||||||||||||||||
| |||||||
| |||||||
| 1 | of this Act.
| ||||||
| 2 | No person may engage in the practice of clinical | ||||||
| 3 | psychology, as defined in
paragraph (5) of Section 2 of this | ||||||
| 4 | Act, without a license granted under this
Act, except as
| ||||||
| 5 | otherwise provided in this Act.
| ||||||
| 6 | (b) No association or partnership shall be granted a | ||||||
| 7 | license and no limited liability company shall provide, attempt | ||||||
| 8 | to provide, or offer to provide clinical psychological services | ||||||
| 9 | unless every
member, partner, and employee of the association, | ||||||
| 10 | or partnership, or limited liability company who
renders | ||||||
| 11 | clinical psychological services holds
a currently valid | ||||||
| 12 | license issued under this Act.
No license shall be issued by | ||||||
| 13 | the Department to a corporation that (i)
has a stated purpose | ||||||
| 14 | that includes clinical psychology, or (ii) practices or holds
| ||||||
| 15 | itself out as available
to practice clinical psychology, unless | ||||||
| 16 | it is organized under the
Professional Service Corporation Act.
| ||||||
| 17 | (c) Individuals, corporations, limited liability | ||||||
| 18 | companies, partnerships, and associations may employ
practicum
| ||||||
| 19 | students, interns or postdoctoral candidates seeking to | ||||||
| 20 | fulfill
educational requirements or the professional | ||||||
| 21 | experience
requirements needed to qualify for a license as a
| ||||||
| 22 | clinical psychologist
to assist in the rendering of services, | ||||||
| 23 | provided that such employees
function under the direct | ||||||
| 24 | supervision, order, control and full professional
| ||||||
| 25 | responsibility of a licensed clinical psychologist in the | ||||||
| 26 | corporation, limited liability company,
partnership, or | ||||||
| |||||||
| |||||||
| 1 | association. Nothing in this paragraph shall prohibit a
| ||||||
| 2 | corporation, limited liability company, partnership, or | ||||||
| 3 | association from contracting with a licensed
health care | ||||||
| 4 | professional to provide services.
| ||||||
| 5 | (d) Nothing in this Act shall prevent the employment, by a | ||||||
| 6 | clinical
psychologist, individual,
association, partnership, | ||||||
| 7 | limited liability company, or a corporation furnishing | ||||||
| 8 | clinical psychological services
for remuneration, of persons | ||||||
| 9 | not licensed as clinical psychologists under
the provisions of | ||||||
| 10 | this Act to perform services in various capacities as
needed, | ||||||
| 11 | provided that such persons are not in any manner held out to | ||||||
| 12 | the
public as rendering clinical psychological services as | ||||||
| 13 | defined in paragraph
7 of Section 2 of this Act. Nothing | ||||||
| 14 | contained in this Act shall require any
hospital, clinic, home
| ||||||
| 15 | health agency, hospice, or other entity that provides health | ||||||
| 16 | care services to
employ or to contract with a clinical | ||||||
| 17 | psychologist licensed under this Act to
perform any of the | ||||||
| 18 | activities under paragraph (5) of Section 2 of this Act.
| ||||||
| 19 | (e) Nothing in this Act shall
be construed to limit the | ||||||
| 20 | services and use of official title on the part
of a person, not | ||||||
| 21 | licensed under the
provisions of this Act, in the employ of a | ||||||
| 22 | State, county or municipal
agency or other political | ||||||
| 23 | subdivision insofar that such services are a part of
the
duties | ||||||
| 24 | in his or her salaried position, and insofar that such services | ||||||
| 25 | are
performed solely on behalf of his or her employer.
| ||||||
| 26 | Nothing contained in this Section shall be construed as | ||||||
| |||||||
| |||||||
| 1 | permitting such
person to offer their services as psychologists | ||||||
| 2 | to any other persons and to
accept remuneration for such | ||||||
| 3 | psychological services other than as
specifically excepted | ||||||
| 4 | herein, unless they have been licensed under the
provisions of | ||||||
| 5 | this Act.
| ||||||
| 6 | (f) Duly recognized members of any bonafide religious | ||||||
| 7 | denomination shall
not be restricted from functioning in their | ||||||
| 8 | ministerial capacity provided
they do not represent themselves | ||||||
| 9 | as being clinical psychologists or
providing clinical | ||||||
| 10 | psychological services.
| ||||||
| 11 | (g) Nothing in this Act shall prohibit individuals not | ||||||
| 12 | licensed under
the provisions of this Act who work in self-help | ||||||
| 13 | groups or programs or
not-for-profit organizations from | ||||||
| 14 | providing services
in those groups, programs, or | ||||||
| 15 | organizations, provided that such persons
are not in any manner | ||||||
| 16 | held out to the public as rendering clinical
psychological | ||||||
| 17 | services as defined in paragraph 7 of Section 2 of this Act.
| ||||||
| 18 | (h) Nothing in this Act shall be construed to prevent a | ||||||
| 19 | person from
practicing hypnosis without a license issued under | ||||||
| 20 | this Act provided that
the person (1) does not otherwise engage | ||||||
| 21 | in the practice of clinical
psychology
including, but not | ||||||
| 22 | limited to, the independent evaluation, classification, and
| ||||||
| 23 | treatment of mental, emotional, behavioral, or nervous | ||||||
| 24 | disorders or conditions,
developmental disabilities, | ||||||
| 25 | alcoholism and substance abuse, disorders of habit
or conduct, | ||||||
| 26 | the psychological aspects of physical illness, (2) does not
| ||||||
| |||||||
| |||||||
| 1 | otherwise engage in the practice of medicine including, but not | ||||||
| 2 | limited to, the
diagnosis or treatment of physical or mental | ||||||
| 3 | ailments or conditions, and (3)
does not
hold himself or | ||||||
| 4 | herself out to the public by a title or description stating or
| ||||||
| 5 | implying
that the individual is a clinical psychologist or is | ||||||
| 6 | licensed to practice
clinical psychology.
| ||||||
| 7 | (i) Every licensee under this Act shall prominently display | ||||||
| 8 | the license at the licensee's principal office, place of | ||||||
| 9 | business, or place of employment and, whenever requested by any | ||||||
| 10 | representative of the Department, must exhibit the license.
| ||||||
| 11 | (Source: P.A. 94-870, eff. 6-16-06.)
| ||||||
| 12 | (225 ILCS 15/24.2 new) | ||||||
| 13 | Sec. 24.2. Confidentiality. All information collected by | ||||||
| 14 | the Department in the course of an examination or investigation | ||||||
| 15 | of a licensee or applicant, including, but not limited to, any | ||||||
| 16 | complaint against a licensee filed with the Department and | ||||||
| 17 | information collected to investigate any such complaint, shall | ||||||
| 18 | be maintained for the confidential use of the Department and | ||||||
| 19 | shall not be disclosed. The Department may not disclose the | ||||||
| 20 | information to anyone other than law enforcement officials, | ||||||
| 21 | other regulatory agencies that have an appropriate regulatory | ||||||
| 22 | interest as determined by the Secretary, or a party presenting | ||||||
| 23 | a lawful subpoena to the Department. Information and documents | ||||||
| 24 | disclosed to a federal, State, county, or local law enforcement | ||||||
| 25 | agency shall not be disclosed by the agency for any purpose to | ||||||
| |||||||
| |||||||
| 1 | any other agency or person. A formal complaint filed against a | ||||||
| 2 | licensee by the Department or any order issued by the | ||||||
| 3 | Department against a licensee or applicant shall be a public | ||||||
| 4 | record, except as otherwise prohibited by law.
| ||||||
| 5 | Section 10. The Clinical Social Work and Social Work | ||||||
| 6 | Practice Act is amended by changing Section 10 and by adding | ||||||
| 7 | Section 34.1 as follows:
| ||||||
| 8 | (225 ILCS 20/10) (from Ch. 111, par. 6360)
| ||||||
| 9 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
| 10 | Sec. 10. License restrictions and limitations.
| ||||||
| 11 | (a) No person shall, without a license as a social worker
| ||||||
| 12 | issued by the Department: (i) in any manner hold himself or | ||||||
| 13 | herself out to the
public as a social worker under this Act; | ||||||
| 14 | (ii) use the title "social worker" or
"licensed social worker"; | ||||||
| 15 | or (iii) offer to render to individuals,
corporations, or the | ||||||
| 16 | public social work services if the words "social work" or
| ||||||
| 17 | "licensed social worker" are used to describe the person | ||||||
| 18 | offering to render or
rendering the services or to describe the | ||||||
| 19 | services rendered or offered to be
rendered.
| ||||||
| 20 | (b) No person shall, without a license as a clinical social | ||||||
| 21 | worker
issued by the Department: (i) in any manner hold himself | ||||||
| 22 | or herself out to the
public as a clinical social worker or | ||||||
| 23 | licensed clinical social worker under
this Act; (ii) use the | ||||||
| 24 | title "clinical social worker" or "licensed clinical
social | ||||||
| |||||||
| |||||||
| 1 | worker"; or (iii) offer to render to individuals, corporations, | ||||||
| 2 | or the
public clinical social work services if the words | ||||||
| 3 | "licensed clinical social
worker" or "clinical social work" are | ||||||
| 4 | used to describe the person to render or
rendering the services | ||||||
| 5 | or to describe the
services rendered or offered to be rendered.
| ||||||
| 6 | (c) Licensed social workers may not engage in independent | ||||||
| 7 | practice of
clinical social work without a clinical social | ||||||
| 8 | worker license. In independent
practice, a licensed social | ||||||
| 9 | worker shall practice at all times under the order,
control, | ||||||
| 10 | and full professional responsibility of a licensed clinical | ||||||
| 11 | social
worker, a licensed clinical psychologist, or a | ||||||
| 12 | psychiatrist, as defined in
Section 1-121 of the Mental Health | ||||||
| 13 | and Developmental Disabilities Code.
| ||||||
| 14 | (d) No association, or partnership, or limited liability | ||||||
| 15 | company shall provide, attempt to provide, or offer to provide | ||||||
| 16 | social work or clinical social work services be granted a | ||||||
| 17 | license unless every
member, partner, and employee of the | ||||||
| 18 | association, or partnership, or limited liability company who | ||||||
| 19 | practices
social work or clinical social work, or who renders | ||||||
| 20 | social work or clinical
social work services, holds a current | ||||||
| 21 | license issued under this Act.
No license shall be issued to a | ||||||
| 22 | corporation shall provide, attempt to provide, or offer to | ||||||
| 23 | provide social work or clinical social work services , the | ||||||
| 24 | stated purpose of which
includes or that practices or holds | ||||||
| 25 | itself out as available to practice
social work or clinical | ||||||
| 26 | social work unless it is organized under the
Professional | ||||||
| |||||||
| |||||||
| 1 | Service Corporation Act.
| ||||||
| 2 | (Source: P.A. 90-150, eff. 12-30-97.)
| ||||||
| 3 | (225 ILCS 20/34.1 new) | ||||||
| 4 | Sec. 34.1. Confidentiality. All information collected by | ||||||
| 5 | the Department in the course of an examination or investigation | ||||||
| 6 | of a licensee or applicant, including, but not limited to, any | ||||||
| 7 | complaint against a licensee filed with the Department and | ||||||
| 8 | information collected to investigate any such complaint, shall | ||||||
| 9 | be maintained for the confidential use of the Department and | ||||||
| 10 | shall not be disclosed. The Department may not disclose the | ||||||
| 11 | information to anyone other than law enforcement officials, | ||||||
| 12 | other regulatory agencies that have an appropriate regulatory | ||||||
| 13 | interest as determined by the Secretary, or a party presenting | ||||||
| 14 | a lawful subpoena to the Department. Information and documents | ||||||
| 15 | disclosed to a federal, State, county, or local law enforcement | ||||||
| 16 | agency shall not be disclosed by the agency for any purpose to | ||||||
| 17 | any other agency or person. A formal complaint filed against a | ||||||
| 18 | licensee by the Department or any order issued by the | ||||||
| 19 | Department against a licensee or applicant shall be a public | ||||||
| 20 | record, except as otherwise prohibited by law.
| ||||||
| 21 | (225 ILCS 20/18 rep.)
| ||||||
| 22 | Section 15. The Clinical Social Work and Social Work | ||||||
| 23 | Practice Act is amended by repealing Section 18.
| ||||||
| |||||||
| |||||||
| 1 | Section 20. The Marriage and Family Therapy Licensing Act | ||||||
| 2 | is amended by changing Section 75 and by adding Section 156 as | ||||||
| 3 | follows:
| ||||||
| 4 | (225 ILCS 55/75) (from Ch. 111, par. 8351-75)
| ||||||
| 5 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
| 6 | Sec. 75. License restrictions and limitations. Practice by | ||||||
| 7 | corporations. No association, partnership, or limited | ||||||
| 8 | liability company shall provide, attempt to provide, or offer | ||||||
| 9 | to provide marriage and family therapy services unless every | ||||||
| 10 | member, partner, and employee of the association, partnership, | ||||||
| 11 | or limited liability company who practices marriage and family | ||||||
| 12 | therapy or who renders marriage and family therapy services | ||||||
| 13 | holds a current license issued under this Act. No license shall | ||||||
| 14 | be issued by the
Department to any corporation shall provide, | ||||||
| 15 | attempt to provide, or offer to provide (i) that has a stated | ||||||
| 16 | purpose that includes,
or (ii) that practices or holds itself | ||||||
| 17 | out as available to practice,
marriage and family therapy | ||||||
| 18 | services , unless it is organized under the Professional
Service | ||||||
| 19 | Corporation Act.
| ||||||
| 20 | (Source: P.A. 87-783.)
| ||||||
| 21 | (225 ILCS 55/156 new) | ||||||
| 22 | Sec. 156. Confidentiality. All information collected by | ||||||
| 23 | the Department in the course of an examination or investigation | ||||||
| 24 | of a licensee or applicant, including, but not limited to, any | ||||||
| |||||||
| |||||||
| 1 | complaint against a licensee filed with the Department and | ||||||
| 2 | information collected to investigate any such complaint, shall | ||||||
| 3 | be maintained for the confidential use of the Department and | ||||||
| 4 | shall not be disclosed. The Department may not disclose the | ||||||
| 5 | information to anyone other than law enforcement officials, | ||||||
| 6 | other regulatory agencies that have an appropriate regulatory | ||||||
| 7 | interest as determined by the Secretary, or a party presenting | ||||||
| 8 | a lawful subpoena to the Department. Information and documents | ||||||
| 9 | disclosed to a federal, State, county, or local law enforcement | ||||||
| 10 | agency shall not be disclosed by the agency for any purpose to | ||||||
| 11 | any other agency or person. A formal complaint filed against a | ||||||
| 12 | licensee by the Department or any order issued by the | ||||||
| 13 | Department against a licensee or applicant shall be a public | ||||||
| 14 | record, except as otherwise prohibited by law.
| ||||||
| 15 | Section 25. The Professional Counselor and Clinical | ||||||
| 16 | Professional Counselor
Licensing and Practice Act is amended by | ||||||
| 17 | changing Section 20 as follows:
| ||||||
| 18 | (225 ILCS 107/20)
| ||||||
| 19 | (Section scheduled to be repealed on January 1, 2023)
| ||||||
| 20 | Sec. 20. Restrictions and limitations.
| ||||||
| 21 | (a) No person shall, without a valid license as a | ||||||
| 22 | professional
counselor issued by the Department: (i) in any | ||||||
| 23 | manner hold himself or
herself out to the public as a | ||||||
| 24 | professional counselor
under this Act; (ii) attach the title | ||||||
| |||||||
| |||||||
| 1 | "professional counselor" or "licensed
professional
counselor"; | ||||||
| 2 | or (iii) offer to render or render to individuals,
| ||||||
| 3 | corporations, or the public professional counseling services.
| ||||||
| 4 | (b) No person shall, without a valid license as a clinical | ||||||
| 5 | professional
counselor issued by the Department: (i) in any | ||||||
| 6 | manner hold himself or
herself out to the public as a clinical | ||||||
| 7 | professional counselor or licensed
clinical professional | ||||||
| 8 | counselor
under this Act; (ii) attach the title "clinical | ||||||
| 9 | professional counselor" or
"licensed clinical professional
| ||||||
| 10 | counselor"; or (iii) offer to render to individuals, | ||||||
| 11 | corporations, or the
public clinical professional counseling | ||||||
| 12 | services.
| ||||||
| 13 | (c) (Blank).
| ||||||
| 14 | (d) No association, limited liability company, or | ||||||
| 15 | partnership shall provide, attempt to provide, or offer to | ||||||
| 16 | provide
practice clinical professional counseling or | ||||||
| 17 | professional counseling services unless
every member, partner, | ||||||
| 18 | and employee of the association, limited liability company, or | ||||||
| 19 | partnership who
practices professional counseling or clinical | ||||||
| 20 | professional counseling,
or who renders professional | ||||||
| 21 | counseling or clinical
professional counseling services, holds | ||||||
| 22 | a currently
valid license issued under this Act. No license | ||||||
| 23 | shall be issued to a
corporation shall provide, attempt to | ||||||
| 24 | provide, or offer to provide , the stated purpose of which | ||||||
| 25 | includes or which practices or
which holds itself out as | ||||||
| 26 | available to practice professional counseling or
clinical | ||||||
| |||||||
| |||||||
| 1 | professional counseling services unless it is organized under | ||||||
| 2 | the
Professional Service Corporation Act.
| ||||||
| 3 | (e) Nothing in this Act shall be construed as permitting | ||||||
| 4 | persons
licensed as professional counselors or clinical | ||||||
| 5 | professional counselors to
engage in any manner in the practice | ||||||
| 6 | of medicine in all its branches as defined
by law in this | ||||||
| 7 | State.
| ||||||
| 8 | (f) When, in the course of providing professional | ||||||
| 9 | counseling or clinical
professional counseling services to any | ||||||
| 10 | person, a professional counselor or
clinical professional | ||||||
| 11 | counselor licensed under this Act finds indication of
a disease | ||||||
| 12 | or condition that in his or her professional judgment requires
| ||||||
| 13 | professional service outside the scope of practice as defined | ||||||
| 14 | in this Act,
he or she shall refer that person to a physician | ||||||
| 15 | licensed to practice
medicine in all of its branches or another | ||||||
| 16 | appropriate health care
practitioner.
| ||||||
| 17 | (Source: P.A. 97-706, eff. 6-25-12.)
| ||||||
| 18 | Section 26. The Sex Offender Evaluation and Treatment | ||||||
| 19 | Provider Act is amended by changing Section 40 as follows:
| ||||||
| 20 | (225 ILCS 109/40)
| ||||||
| 21 | Sec. 40. Application; exemptions. | ||||||
| 22 | (a) No person may act as a sex offender evaluator, sex | ||||||
| 23 | offender treatment provider, or associate sex offender | ||||||
| 24 | provider as defined in this Act for the provision of sex | ||||||
| |||||||
| |||||||
| 1 | offender evaluations or sex offender treatment pursuant to the | ||||||
| 2 | Sex Offender Management Board Act, the Sexually Dangerous | ||||||
| 3 | Persons Act, or the Sexually Violent Persons Commitment Act | ||||||
| 4 | unless the person is licensed to do so by the Department. Any | ||||||
| 5 | evaluation or treatment services provided by a licensed health | ||||||
| 6 | care professional not licensed under this Act shall not be | ||||||
| 7 | valid under the Sex Offender Management Board Act, the Sexually | ||||||
| 8 | Dangerous Persons Act, or the Sexually Violent Persons | ||||||
| 9 | Commitment Act. No corporation shall provide, attempt to | ||||||
| 10 | provide, or offer to provide sex offender evaluation services | ||||||
| 11 | unless it is organized under the Professional Service | ||||||
| 12 | Corporation Act. | ||||||
| 13 | (b) Nothing in this Act shall be construed to require any | ||||||
| 14 | licensed physician, advanced practice nurse, physician | ||||||
| 15 | assistant, or other health care professional to be licensed | ||||||
| 16 | under this Act for the provision of services for which the | ||||||
| 17 | person is otherwise licensed. This Act does not prohibit a
| ||||||
| 18 | person licensed under any other Act in this State from engaging
| ||||||
| 19 | in the practice for which he or she is licensed. This Act only | ||||||
| 20 | applies to the provision of sex offender evaluations or sex | ||||||
| 21 | offender treatment provided for the purposes of complying with | ||||||
| 22 | the Sex Offender Management Board Act, the Sexually Dangerous | ||||||
| 23 | Persons Act, or the Sexually Violent Persons Commitment Act.
| ||||||
| 24 | (Source: P.A. 97-1098, eff. 7-1-13.)
| ||||||
| 25 | Section 30. The Professional Service Corporation Act is | ||||||
| |||||||
| |||||||
| 1 | amended by changing Sections 2, 3.1, 3.2, 3.6, 12, 12.1, and 13 | ||||||
| 2 | and by adding Sections 13.5 and 15.5 as follows:
| ||||||
| 3 | (805 ILCS 10/2) (from Ch. 32, par. 415-2)
| ||||||
| 4 | Sec. 2.
It is the legislative intent to provide for the | ||||||
| 5 | incorporation of an
individual or group of individuals to | ||||||
| 6 | render the same professional service
or related professional | ||||||
| 7 | services to the public for which such individuals
are required | ||||||
| 8 | by law to be licensed or to obtain other legal authorization,
| ||||||
| 9 | while preserving the established professional aspects of the | ||||||
| 10 | personal
relationship between the professional person and | ||||||
| 11 | those he or she serves
professionally.
| ||||||
| 12 | (Source: P.A. 78-783.)
| ||||||
| 13 | (805 ILCS 10/3.1) (from Ch. 32, par. 415-3.1)
| ||||||
| 14 | Sec. 3.1.
"Ancillary personnel" means such person acting in | ||||||
| 15 | their customary
capacities, employed by those rendering a | ||||||
| 16 | professional service who:
| ||||||
| 17 | (1) Are not licensed to engage in the category of | ||||||
| 18 | professional service
for which a professional corporation was | ||||||
| 19 | formed; and
| ||||||
| 20 | (2) Work at the direction or under the supervision of those | ||||||
| 21 | who are so
licensed; and
| ||||||
| 22 | (3) Do not hold themselves out to the public generally as | ||||||
| 23 | being
authorized to engage in the practice of the profession | ||||||
| 24 | for which the
corporation is licensed; and
| ||||||
| |||||||
| |||||||
| 1 | (4) Are not prohibited by the regulating licensing | ||||||
| 2 | authority, regulating the
category of professional service | ||||||
| 3 | rendered by the corporation from being so
employed and includes | ||||||
| 4 | clerks, secretaries, technicians and other assistants
who are | ||||||
| 5 | not usually and ordinarily considered by custom and practice to | ||||||
| 6 | be
rendering the professional services for which the | ||||||
| 7 | corporation was formed.
| ||||||
| 8 | (Source: P.A. 77-565.)
| ||||||
| 9 | (805 ILCS 10/3.2) (from Ch. 32, par. 415-3.2)
| ||||||
| 10 | Sec. 3.2.
"Regulating authority" means the State board, | ||||||
| 11 | department, agency or the
Supreme Court of Illinois (in the | ||||||
| 12 | case of attorneys at law), the Department of Financial and | ||||||
| 13 | Professional Regulation, or other State board, department, or | ||||||
| 14 | agency having
jurisdiction to grant a license to render the | ||||||
| 15 | category of professional
service for which a professional | ||||||
| 16 | corporation has been organized, or the
United States Patent | ||||||
| 17 | Office, or the Internal Revenue Service of the United
States | ||||||
| 18 | Treasury Department.
| ||||||
| 19 | (Source: P.A. 78-561.)
| ||||||
| 20 | (805 ILCS 10/3.6) (from Ch. 32, par. 415-3.6)
| ||||||
| 21 | Sec. 3.6. "Related professions" and "related professional | ||||||
| 22 | services" mean
more than one personal service which requires as | ||||||
| 23 | a condition precedent to the
rendering thereof the obtaining of | ||||||
| 24 | a license and which prior to October 1,
1973 could not be | ||||||
| |||||||
| |||||||
| 1 | performed by a
corporation by reason of law; provided, however, | ||||||
| 2 | that these terms shall
be restricted to:
| ||||||
| 3 | (1) a combination of 2 two or more of the following | ||||||
| 4 | personal services: (a)
"architecture" as defined in | ||||||
| 5 | Section 5 of the Illinois Architecture Practice
Act of | ||||||
| 6 | 1989, (b) "professional engineering" as defined in Section | ||||||
| 7 | 4 of the
Professional Engineering Practice Act of 1989, (c) | ||||||
| 8 | "structural engineering" as
defined in Section 5 of the | ||||||
| 9 | Structural Engineering
Practice Act of 1989, (d)
"land | ||||||
| 10 | surveying" as defined in Section 2 of the Illinois | ||||||
| 11 | Professional Land
Surveyor Act of 1989; or
| ||||||
| 12 | (2) a combination of the following personal services: | ||||||
| 13 | (a) the practice of
medicine by persons licensed under the | ||||||
| 14 | Medical Practice Act of 1987, (b) the practice of podiatry | ||||||
| 15 | as defined in
Section 5 of the Podiatric Medical Practice | ||||||
| 16 | Act of 1987, (c) the practice of
dentistry as defined in | ||||||
| 17 | the Illinois Dental Practice Act, (d) the practice of
| ||||||
| 18 | optometry as defined in the Illinois Optometric Practice | ||||||
| 19 | Act of 1987; .
| ||||||
| 20 | (3) a combination of 2 or more of the following | ||||||
| 21 | personal services:
(a) the practice of clinical psychology | ||||||
| 22 | by persons licensed under the Clinical Psychologist | ||||||
| 23 | Licensing Act, (b) the practice of social work or clinical | ||||||
| 24 | social work by persons licensed under the Clinical Social | ||||||
| 25 | Work and Social Work Practice Act, (c) the practice of | ||||||
| 26 | marriage and family therapy by persons licensed under the | ||||||
| |||||||
| |||||||
| 1 | Marriage and Family Therapy Licensing Act, (d) the practice | ||||||
| 2 | of professional counseling or clinical professional | ||||||
| 3 | counseling by persons licensed under the Professional | ||||||
| 4 | Counselor and Clinical Professional Counselor Licensing | ||||||
| 5 | and Practice Act, and (e) the practice of sex offender | ||||||
| 6 | evaluations by persons licensed under the Sex Offender | ||||||
| 7 | Evaluation and Treatment Provider Act; or | ||||||
| 8 | (4) a combination of 2 or more of the following | ||||||
| 9 | personal services:
(a) the practice of acupuncture by | ||||||
| 10 | persons licensed under the Acupuncture Practice Act, (b) | ||||||
| 11 | the practice of massage by persons licensed under the | ||||||
| 12 | Massage Licensing Act, (c) the practice of naprapathy by | ||||||
| 13 | persons licensed under the Naprapathic Practice Act, (d) | ||||||
| 14 | the practice of occupational therapy by persons licensed | ||||||
| 15 | under the Illinois Occupational Therapy Practice Act, and | ||||||
| 16 | (e) the practice of physical therapy by persons licensed | ||||||
| 17 | under the Illinois Physical Therapy Act. | ||||||
| 18 | (Source: P.A. 95-738, eff. 1-1-09.)
| ||||||
| 19 | (805 ILCS 10/12) (from Ch. 32, par. 415-12)
| ||||||
| 20 | Sec. 12.
(a) No corporation shall open, operate or maintain | ||||||
| 21 | an establishment for any
of the purposes for which a | ||||||
| 22 | corporation may be organized under this Act
without a | ||||||
| 23 | certificate of registration from the regulating authority
| ||||||
| 24 | authorized by law to license individuals to engage in the | ||||||
| 25 | profession or
related professions concerned. Application for | ||||||
| |||||||
| |||||||
| 1 | such registration shall be
made in writing, and shall contain | ||||||
| 2 | the name and address of the corporation,
and such other | ||||||
| 3 | information as may be required by the regulating authority.
| ||||||
| 4 | Upon receipt of such application, the regulating authority, or | ||||||
| 5 | some
administrative agency of government designated by it, | ||||||
| 6 | shall make an
investigation of the corporation. If the | ||||||
| 7 | regulating authority is the
Supreme Court it may designate the | ||||||
| 8 | bar or legal association which
investigates and prefers charges | ||||||
| 9 | against lawyers to it for disciplining. If
such authority finds | ||||||
| 10 | that the incorporators, officers, directors and
shareholders | ||||||
| 11 | are each licensed pursuant to the laws of Illinois to engage
in | ||||||
| 12 | the particular profession or related professions involved | ||||||
| 13 | (except that
the secretary of the corporation need not be so | ||||||
| 14 | licensed), and if no
disciplinary action is pending before it | ||||||
| 15 | against any of them, and if it
appears that the corporation | ||||||
| 16 | will be conducted in compliance with the law
and the | ||||||
| 17 | regulations and rules of the regulating authority, such | ||||||
| 18 | authority,
shall issue, upon payment of a registration fee of | ||||||
| 19 | $50, a certificate of
registration.
| ||||||
| 20 | A separate application shall be submitted for each business | ||||||
| 21 | location in Illinois. If the corporation is using more than one | ||||||
| 22 | fictitious or assumed name and has an address different from | ||||||
| 23 | that of the parent company, a separate application shall be | ||||||
| 24 | submitted for each fictitious or assumed name. | ||||||
| 25 | Upon written application of the holder, the
regulating | ||||||
| 26 | authority which originally issued the certificate of
| ||||||
| |||||||
| |||||||
| 1 | registration shall renew the certificate if it finds that the | ||||||
| 2 | corporation
has complied with its regulations and the | ||||||
| 3 | provisions of this Act.
| ||||||
| 4 | The fee for the renewal of a certificate of registration | ||||||
| 5 | shall be calculated
at the rate of $40 per year.
| ||||||
| 6 | The certificate of registration shall be conspicuously | ||||||
| 7 | posted upon the
premises to which it is applicable, and the | ||||||
| 8 | professional corporation shall
have only those offices which | ||||||
| 9 | are designated by street address in the
articles of | ||||||
| 10 | incorporation, or as changed by amendment of such articles. No
| ||||||
| 11 | certificate of registration shall be assignable.
| ||||||
| 12 | (b) Moneys collected under this Section from a professional | ||||||
| 13 | corporation organized to practice law shall be deposited into | ||||||
| 14 | the Supreme Court Special Purposes Fund. | ||||||
| 15 | (c) After the effective date of this amendatory Act of the | ||||||
| 16 | 98th General Assembly, the amount of any fee collected under | ||||||
| 17 | this Section from a professional corporation organized to | ||||||
| 18 | practice law may be set by Supreme Court rule, except that the | ||||||
| 19 | amount of the fees shall remain as set by statute until the | ||||||
| 20 | Supreme Court adopts rules specifying a higher or lower fee | ||||||
| 21 | amount. | ||||||
| 22 | (Source: P.A. 98-324, eff. 10-1-13.)
| ||||||
| 23 | (805 ILCS 10/12.1) (from Ch. 32, par. 415-12.1)
| ||||||
| 24 | Sec. 12.1.
Any corporation which on 2 occasions issues or | ||||||
| 25 | delivers a
check or other order to the Department of Financial | ||||||
| |||||||
| |||||||
| 1 | and Professional Regulation
which is not honored by the | ||||||
| 2 | financial institution upon which it is drawn
because of | ||||||
| 3 | insufficient funds on account, shall pay to the
Department, in | ||||||
| 4 | addition to the amount owing upon such check or other order,
a | ||||||
| 5 | fee of $50. If such check or other order was issued or | ||||||
| 6 | delivered in payment
of a renewal fee and the corporation whose | ||||||
| 7 | certificate of registration has
lapsed continues to practice as | ||||||
| 8 | a corporation without paying the renewal
fee and the $50 fee | ||||||
| 9 | required under this Section, an additional fee of $100
shall be | ||||||
| 10 | imposed for practicing without a current license. The | ||||||
| 11 | Department
shall notify the corporation whose certificate of | ||||||
| 12 | registration has lapsed,
within 30 days after the discovery by | ||||||
| 13 | the Department that such corporation
is operating without a | ||||||
| 14 | current certificate, that the corporation is
operating without | ||||||
| 15 | a certificate, and of the amount due to the Department,
which | ||||||
| 16 | shall include the lapsed renewal fee and all other fees | ||||||
| 17 | required by
this Section. If after the expiration of 30 days | ||||||
| 18 | from the date of such
notification, the corporation whose | ||||||
| 19 | certificate has lapsed seeks a current
certificate, it shall | ||||||
| 20 | thereafter apply to the Department
for reinstatement of the | ||||||
| 21 | certificate and pay all fees due to the Department.
The | ||||||
| 22 | Department may establish a fee for the processing of an | ||||||
| 23 | application
for reinstatement of a certificate which allows the | ||||||
| 24 | Department to pay all costs
and expenses incident to the | ||||||
| 25 | processing of this application. The Director
may waive the fees | ||||||
| 26 | due under this Section in individual cases where he finds
that | ||||||
| |||||||
| |||||||
| 1 | in the particular case such fees would be unreasonable or | ||||||
| 2 | unnecessarily
burdensome.
| ||||||
| 3 | (Source: P.A. 85-1209.)
| ||||||
| 4 | (805 ILCS 10/13) (from Ch. 32, par. 415-13)
| ||||||
| 5 | Sec. 13.
The regulating authority which issued the | ||||||
| 6 | certificate of
registration may suspend or revoke the | ||||||
| 7 | certificate or may otherwise discipline the certificate holder | ||||||
| 8 | it for any of the following reasons:
| ||||||
| 9 | (a) The revocation or suspension of the license to practice | ||||||
| 10 | the
profession of any officer, director, shareholder or | ||||||
| 11 | employee not promptly
removed or discharged by the corporation; | ||||||
| 12 | (b) unethical professional
conduct on the part of any officer, | ||||||
| 13 | director, shareholder or employee not
promptly removed or | ||||||
| 14 | discharged by the corporation; (c) the death of the
last | ||||||
| 15 | remaining shareholder; (d) upon finding that
the holder of a | ||||||
| 16 | certificate has failed to comply with the provisions of
this | ||||||
| 17 | Act or the regulations prescribed by the regulating authority | ||||||
| 18 | that
issued it; or (e) the failure to file a return, or to pay | ||||||
| 19 | the tax,
penalty or interest shown in a filed return, or to pay | ||||||
| 20 | any final assessment
of tax, penalty or interest, as required | ||||||
| 21 | by any tax Act administered by the
Illinois Department of | ||||||
| 22 | Revenue, until such time as the requirements of any
such tax | ||||||
| 23 | Act are satisfied.
| ||||||
| 24 | Before any certificate of registration is suspended or | ||||||
| 25 | revoked, the
holder shall be given written notice of the | ||||||
| |||||||
| |||||||
| 1 | proposed action and the reasons
therefor, and shall provide a | ||||||
| 2 | public hearing by the regulating authority,
with the right to | ||||||
| 3 | produce testimony and other evidence concerning the
charges | ||||||
| 4 | made. The notice shall also state the place and date of the | ||||||
| 5 | hearing
which shall be at least 10 days after service of said | ||||||
| 6 | notice.
| ||||||
| 7 | All orders of regulating authorities denying an | ||||||
| 8 | application for a
certificate of registration, or suspending or | ||||||
| 9 | revoking a certificate of
registration, or imposing a civil | ||||||
| 10 | penalty shall be subject to judicial review pursuant to the | ||||||
| 11 | provisions
of the Administrative Review Law, as now or | ||||||
| 12 | hereafter amended, and the
rules adopted pursuant thereto then | ||||||
| 13 | in force.
| ||||||
| 14 | The proceedings for judicial review shall be commenced in | ||||||
| 15 | the circuit court of the county in which the party applying for | ||||||
| 16 | review is located. If the party is not currently located in | ||||||
| 17 | Illinois, the venue shall be in Sangamon County. The regulating | ||||||
| 18 | authority shall not be required to certify any record to the | ||||||
| 19 | court or file any answer in court or otherwise appear in any | ||||||
| 20 | court in a judicial review proceeding, unless and until the | ||||||
| 21 | regulating authority has received from the plaintiff payment of | ||||||
| 22 | the costs of furnishing and certifying the record, which costs | ||||||
| 23 | shall be determined by the regulating authority. Exhibits shall | ||||||
| 24 | be certified without cost. Failure on the part of the plaintiff | ||||||
| 25 | to file a receipt in court is grounds for dismissal of the | ||||||
| 26 | action. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 85-1222.)
| ||||||
| 2 | (805 ILCS 10/13.5 new) | ||||||
| 3 | Sec. 13.5. Notice of violation. Whenever the regulating | ||||||
| 4 | authority has reason to believe a corporation has opened, | ||||||
| 5 | operated, or maintained an establishment for any of the | ||||||
| 6 | purposes for which a corporation may be organized under this | ||||||
| 7 | Act without a certificate of registration from the regulating | ||||||
| 8 | authority authorized by law to license individuals to engage in | ||||||
| 9 | the profession or related professions, the regulating | ||||||
| 10 | authority may issue a notice of violation to the corporation. | ||||||
| 11 | The notice of violation shall provide a period of 30 days from | ||||||
| 12 | the date of the notice to either file an answer to the | ||||||
| 13 | satisfaction of the regulating authority or submit an | ||||||
| 14 | application for registration in compliance with this Act, | ||||||
| 15 | including payment of the $50 application fee and a late fee of | ||||||
| 16 | $100 for each year that the corporation opened, operated, or | ||||||
| 17 | maintained an establishment for any of the purposes for which a | ||||||
| 18 | corporation may be organized under this Act without having been | ||||||
| 19 | issued a certificate of registration, with a maximum late fee | ||||||
| 20 | of $500. If the corporation that is the subject of the notice | ||||||
| 21 | of violation fails to respond, fails to respond to the | ||||||
| 22 | satisfaction of the regulating authority, or fails to submit an | ||||||
| 23 | application for registration, the regulating authority may | ||||||
| 24 | institute disciplinary proceedings against the corporation and | ||||||
| 25 | may impose a civil penalty up to $10,000 for violation of this | ||||||
| |||||||
| |||||||
| 1 | Act after affording the corporation a hearing in conformance | ||||||
| 2 | with the requirements of this Act.
| ||||||
| 3 | (805 ILCS 10/15.5 new) | ||||||
| 4 | Sec. 15.5. Confidentiality. All information collected by | ||||||
| 5 | the regulating authority in the course of an examination or | ||||||
| 6 | investigation of a holder of a certificate of registration or | ||||||
| 7 | an applicant, including, but not limited to, any complaint | ||||||
| 8 | against a holder of a certificate of registration filed with | ||||||
| 9 | the regulating authority and information collected to | ||||||
| 10 | investigate any such complaint, shall be maintained for the | ||||||
| 11 | confidential use of the regulating authority and shall not be | ||||||
| 12 | disclosed. The regulating authority may not disclose the | ||||||
| 13 | information to anyone other than law enforcement officials, | ||||||
| 14 | other regulatory agencies that have an appropriate regulatory | ||||||
| 15 | interest as determined by the regulating authority, or a party | ||||||
| 16 | presenting a lawful subpoena to the regulating authority. | ||||||
| 17 | Information and documents disclosed to a federal, State, | ||||||
| 18 | county, or local law enforcement agency shall not be disclosed | ||||||
| 19 | by the agency for any purpose to any other agency or person. A | ||||||
| 20 | formal complaint filed against a holder of a certificate of | ||||||
| 21 | registration or an applicant shall be a public record, except | ||||||
| 22 | as otherwise prohibited by law.
| ||||||
| 23 | Section 35. The Medical Corporation Act is amended by | ||||||
| 24 | changing Sections 2, 5, 5.1, 8, 10, 11, 12, 13, and 15 and by | ||||||
| |||||||
| |||||||
| 1 | adding Sections 13.5 and 16.5 as follows:
| ||||||
| 2 | (805 ILCS 15/2) (from Ch. 32, par. 632)
| ||||||
| 3 | Sec. 2.
One or more persons licensed pursuant to the | ||||||
| 4 | Medical Practice Act
of 1987, as heretofore or hereafter | ||||||
| 5 | amended, may form a corporation
pursuant to the "Business | ||||||
| 6 | Corporation Act of 1983", as amended, to own,
operate and | ||||||
| 7 | maintain an establishment for the study, diagnosis and
| ||||||
| 8 | treatment of human ailments and injuries, whether physical or | ||||||
| 9 | mental, and
to promote medical, surgical and scientific | ||||||
| 10 | research and knowledge;
provided that medical or surgical | ||||||
| 11 | treatment, consultation or advice may be
given by shareholders, | ||||||
| 12 | directors, officers, agents, and employees of the corporation | ||||||
| 13 | only if they are licensed pursuant to
the Medical Practice Act | ||||||
| 14 | of 1987; and provided further, however, that
nothing herein | ||||||
| 15 | shall prohibit an attorney licensed to practice law in
Illinois | ||||||
| 16 | from signing and acting as initial incorporator on behalf of
| ||||||
| 17 | such corporation.
| ||||||
| 18 | (Source: P.A. 85-1209.)
| ||||||
| 19 | (805 ILCS 15/5) (from Ch. 32, par. 635)
| ||||||
| 20 | Sec. 5.
No corporation shall open, operate or maintain an | ||||||
| 21 | establishment for
any of the purposes set forth in Section 2 of | ||||||
| 22 | this Act without a
certificate of registration from the | ||||||
| 23 | Department of Financial and Professional
Regulation, | ||||||
| 24 | hereinafter called the Department. Application for such
| ||||||
| |||||||
| |||||||
| 1 | registration shall be made to the Department in writing and | ||||||
| 2 | shall contain
the name and address of the corporation and such | ||||||
| 3 | other information as may
be required by the Department. A | ||||||
| 4 | separate application shall be submitted for each business | ||||||
| 5 | location in Illinois. If the corporation is using more than one | ||||||
| 6 | fictitious or assumed name and has an address different from | ||||||
| 7 | that of the parent company, a separate application shall be | ||||||
| 8 | submitted for each fictitious or assumed name. Upon receipt of | ||||||
| 9 | such application, the
Department shall make an investigation of | ||||||
| 10 | the corporation. If the
Department finds that the | ||||||
| 11 | incorporators, officers, directors and
shareholders are all | ||||||
| 12 | licensed pursuant to the Medical Practice Act of
1987 and if no | ||||||
| 13 | disciplinary action is pending before the Department
against | ||||||
| 14 | any of them, and if it appears that the corporation will be
| ||||||
| 15 | conducted in compliance with law and the regulations of the | ||||||
| 16 | Department, the
Department shall issue, upon payment of a | ||||||
| 17 | registration fee of $50, a
certificate of registration.
| ||||||
| 18 | (Source: P.A. 85-1209.)
| ||||||
| 19 | (805 ILCS 15/5.1)
| ||||||
| 20 | Sec. 5.1. Deposit of fees and fines. Beginning July 1, | ||||||
| 21 | 2003,
all of the fees, civil penalties, and fines collected | ||||||
| 22 | under this Act shall be deposited into the
General Professions | ||||||
| 23 | Dedicated Fund.
| ||||||
| 24 | (Source: P.A. 93-32, eff. 7-1-03.)
| ||||||
| |||||||
| |||||||
| 1 | (805 ILCS 15/8) (from Ch. 32, par. 638)
| ||||||
| 2 | Sec. 8.
In the event of a change of location of the | ||||||
| 3 | registered
establishment, the corporation shall notify the | ||||||
| 4 | Department, in accordance with its regulations, and the | ||||||
| 5 | Department shall
amend the certificate of registration so that | ||||||
| 6 | it shall apply to the new
location.
| ||||||
| 7 | (Source: Laws 1963, p. 3513.)
| ||||||
| 8 | (805 ILCS 15/10) (from Ch. 32, par. 640)
| ||||||
| 9 | Sec. 10.
The Department may suspend or revoke any | ||||||
| 10 | certificate of
registration or may otherwise discipline the | ||||||
| 11 | certificate holder for any of the following reasons: (a) the | ||||||
| 12 | revocation or
suspension of the license to practice medicine of | ||||||
| 13 | any officer, director,
shareholder or employee not promptly | ||||||
| 14 | removed or discharged by the
corporation; (b) unethical | ||||||
| 15 | professional conduct on the part of any officer,
director, | ||||||
| 16 | shareholder or employee not promptly removed or discharged by | ||||||
| 17 | the
corporation; (c) the death of the last remaining | ||||||
| 18 | shareholder; or (d) upon
finding that the holder of a | ||||||
| 19 | certificate has failed to comply with the
provisions of this | ||||||
| 20 | Act or the regulations prescribed by the Department.
| ||||||
| 21 | The Department may refuse to issue or renew or may suspend | ||||||
| 22 | the certificate of
any corporation which fails to file a | ||||||
| 23 | return, or to pay the tax, penalty or
interest shown in a filed | ||||||
| 24 | return, or to pay any final assessment of tax,
penalty or | ||||||
| 25 | interest, as required by any tax Act administered by the
| ||||||
| |||||||
| |||||||
| 1 | Illinois Department of Revenue, until such time as the | ||||||
| 2 | requirements of any
such tax Act are satisfied.
| ||||||
| 3 | (Source: P.A. 85-1222.)
| ||||||
| 4 | (805 ILCS 15/11) (from Ch. 32, par. 641)
| ||||||
| 5 | Sec. 11.
Before any certificate of registration is | ||||||
| 6 | suspended or revoked,
the holder shall be given written notice | ||||||
| 7 | of the proposed action and the
reasons therefor, and shall be | ||||||
| 8 | given a public hearing by the Department
with the right to | ||||||
| 9 | produce testimony concerning the charges made. The notice
shall | ||||||
| 10 | also state the place and date of the hearing which shall be at | ||||||
| 11 | least 10
5 days after service of said notice.
| ||||||
| 12 | (Source: Laws 1963, p. 3513.)
| ||||||
| 13 | (805 ILCS 15/12) (from Ch. 32, par. 642)
| ||||||
| 14 | Sec. 12.
The provisions of the Administrative Review Law,
| ||||||
| 15 | as heretofore
or hereafter amended, and all rules adopted | ||||||
| 16 | pursuant thereto, shall apply
to and govern all proceedings for | ||||||
| 17 | the judicial review of final
administrative decisions of the | ||||||
| 18 | Department hereunder. The term
"administrative decision" is | ||||||
| 19 | defined as in Section 3-101 of the Code of
Civil Procedure.
| ||||||
| 20 | The proceedings for judicial review shall be commenced in | ||||||
| 21 | the circuit court of the county in which the party applying for | ||||||
| 22 | review is located. If the party is not currently located in | ||||||
| 23 | Illinois, the venue shall be in Sangamon County. The Department | ||||||
| 24 | shall not be required to certify any record to the court or | ||||||
| |||||||
| |||||||
| 1 | file any answer in court or otherwise appear in any court in a | ||||||
| 2 | judicial review proceeding, unless and until the Department has | ||||||
| 3 | received from the plaintiff payment of the costs of furnishing | ||||||
| 4 | and certifying the record, which costs shall be determined by | ||||||
| 5 | the Department. Exhibits shall be certified without cost. | ||||||
| 6 | Failure on the part of the plaintiff to file a receipt in court | ||||||
| 7 | is grounds for dismissal of the action. | ||||||
| 8 | (Source: P.A. 82-783.)
| ||||||
| 9 | (805 ILCS 15/13) (from Ch. 32, par. 643)
| ||||||
| 10 | Sec. 13.
(a) All of the officers, directors and | ||||||
| 11 | shareholders of a corporation
subject to this Act shall at all | ||||||
| 12 | times be persons licensed pursuant to the
Medical Practice Act | ||||||
| 13 | of 1987. No person who is not so licensed shall
have any part | ||||||
| 14 | in the ownership, management, or control of such corporation,
| ||||||
| 15 | nor may any proxy to vote any shares of such corporation be | ||||||
| 16 | given to a
person who is not so licensed. Notwithstanding any | ||||||
| 17 | provisions to the
contrary in the "Business Corporation Act of | ||||||
| 18 | 1983", as now or hereafter
amended, if all of the shares of a | ||||||
| 19 | corporation subject to this Act are
owned by one shareholder, | ||||||
| 20 | the office of president and secretary may be held
by the same | ||||||
| 21 | person.
| ||||||
| 22 | (b) No corporation may issue any of its capital stock to | ||||||
| 23 | anyone other than an individual who is duly licensed under the | ||||||
| 24 | Medical Practice Act of 1987. No shareholder shall enter into a | ||||||
| 25 | voting trust agreement or any other type of agreement vesting | ||||||
| |||||||
| |||||||
| 1 | another person with the authority to exercise the voting power | ||||||
| 2 | of any of his or her stock. | ||||||
| 3 | (c) A corporation may, for purposes of dissolution, have as | ||||||
| 4 | its shareholders, directors, officers, agents, and employees | ||||||
| 5 | individuals who are not licensed under the Medical Practice Act | ||||||
| 6 | of 1987, provided that the corporation does not render any | ||||||
| 7 | medical services nor hold itself out as capable of or available | ||||||
| 8 | to render medical services during the period of dissolution. | ||||||
| 9 | The Department shall not issue or renew any certificate of | ||||||
| 10 | authority to a corporation during the period of dissolution. A | ||||||
| 11 | copy of the certificate of dissolution, as issued by the | ||||||
| 12 | Secretary of State, shall be delivered to the Department within | ||||||
| 13 | 30 days after its receipt by the incorporators. | ||||||
| 14 | (Source: P.A. 85-1209.)
| ||||||
| 15 | (805 ILCS 15/13.5 new) | ||||||
| 16 | Sec. 13.5. Notice of violation. Whenever the Department has | ||||||
| 17 | reason to believe a corporation has opened, operated, or | ||||||
| 18 | maintained an establishment for any of the purposes for which a | ||||||
| 19 | corporation may be organized under this Act without a | ||||||
| 20 | certificate of registration from the Department, the | ||||||
| 21 | Department may issue a notice of violation to the corporation. | ||||||
| 22 | The notice of violation shall provide a period of 30 days from | ||||||
| 23 | the date of the notice to either file an answer to the | ||||||
| 24 | satisfaction of the Department or submit an application for | ||||||
| 25 | registration in compliance with this Act, including payment of | ||||||
| |||||||
| |||||||
| 1 | the $50 application fee and a late fee of $100 for each year | ||||||
| 2 | that the corporation opened, operated, or maintained an | ||||||
| 3 | establishment for any of the purposes for which a corporation | ||||||
| 4 | may be organized under this Act without having been issued a | ||||||
| 5 | certification of registration, with a maximum late fee of $500. | ||||||
| 6 | If the corporation that is the subject of the notice of | ||||||
| 7 | violation fails to respond, fails to respond to the | ||||||
| 8 | satisfaction of the Department, or fails to submit an | ||||||
| 9 | application for registration, the Department may institute | ||||||
| 10 | disciplinary proceedings against the corporation and may | ||||||
| 11 | impose a civil penalty up to $10,000 for violation of this Act | ||||||
| 12 | after affording the corporation a hearing in conformance with | ||||||
| 13 | the requirements of this Act.
| ||||||
| 14 | (805 ILCS 15/15) (from Ch. 32, par. 645)
| ||||||
| 15 | Sec. 15.
Each individual shareholder, director, officer, | ||||||
| 16 | agent, or employee licensed pursuant to the Medical
Practice | ||||||
| 17 | Act of 1987 who is employed by a corporation subject to this
| ||||||
| 18 | Act shall remain subject to reprimand or discipline for his | ||||||
| 19 | conduct under
the provisions of the Medical Practice Act of | ||||||
| 20 | 1987.
| ||||||
| 21 | (Source: P.A. 85-1209.)
| ||||||
| 22 | (805 ILCS 15/16.5 new) | ||||||
| 23 | Sec. 16.5. Confidentiality. All information collected by | ||||||
| 24 | the Department in the course of an examination or investigation | ||||||
| |||||||
| |||||||
| 1 | of a holder of a certificate of registration or an applicant, | ||||||
| 2 | including, but not limited to, any complaint against a holder | ||||||
| 3 | of a certificate of registration filed with the Department and | ||||||
| 4 | information collected to investigate any such complaint, shall | ||||||
| 5 | be maintained for the confidential use of the Department and | ||||||
| 6 | shall not be disclosed. The Department may not disclose the | ||||||
| 7 | information to anyone other than law enforcement officials, | ||||||
| 8 | other regulatory agencies that have an appropriate regulatory | ||||||
| 9 | interest as determined by the Secretary, or a party presenting | ||||||
| 10 | a lawful subpoena to the Department. Information and documents | ||||||
| 11 | disclosed to a federal, State, county, or local law enforcement | ||||||
| 12 | agency shall not be disclosed by the agency for any purpose to | ||||||
| 13 | any other agency or person. A formal complaint filed against a | ||||||
| 14 | holder of a certificate of registration by the Department or | ||||||
| 15 | any order issued by the Department against a holder of a | ||||||
| 16 | certificate of registration or an applicant shall be a public | ||||||
| 17 | record, except as otherwise prohibited by law.
| ||||||
| 18 | Section 40. The Limited Liability Company Act is amended by | ||||||
| 19 | changing Sections 1-10, 1-25, 1-28, 5-5, and 5-55 and by adding | ||||||
| 20 | Section 1-29 as follows:
| ||||||
| 21 | (805 ILCS 180/1-10)
| ||||||
| 22 | Sec. 1-10. Limited liability company name.
| ||||||
| 23 | (a) The name of each limited liability company or foreign | ||||||
| 24 | limited liability company organized, existing, or subject to | ||||||
| |||||||
| |||||||
| 1 | the provisions of this Act:
| ||||||
| 2 | (1) shall contain the terms "limited liability
| ||||||
| 3 | company", "L.L.C.", or "LLC", or, if organized as a | ||||||
| 4 | low-profit limited liability company under Section 1-26 of | ||||||
| 5 | this Act, shall contain the term "L3C";
| ||||||
| 6 | (2) may not contain a word or phrase, or an
| ||||||
| 7 | abbreviation or derivation thereof, the use of which is
| ||||||
| 8 | prohibited or restricted by any other statute of this
State | ||||||
| 9 | unless the restriction has been complied with;
| ||||||
| 10 | (3) shall consist of letters of the English
alphabet, | ||||||
| 11 | Arabic or Roman numerals, or symbols capable
of being | ||||||
| 12 | readily reproduced by the Office of the
Secretary of State;
| ||||||
| 13 | (4) shall not contain any of the following terms:
| ||||||
| 14 | "Corporation," "Corp.," "Incorporated," "Inc.," "Ltd.,"
| ||||||
| 15 | "Co.," "Limited Partnership" or "L.P.";
| ||||||
| 16 | (5) shall be the name under which the limited
liability | ||||||
| 17 | company transacts business in this State
unless the limited | ||||||
| 18 | liability company also elects to
adopt an assumed name or | ||||||
| 19 | names as provided in this Act;
provided, however, that the | ||||||
| 20 | limited liability company
may use any divisional | ||||||
| 21 | designation or trade name without
complying with the | ||||||
| 22 | requirements of this Act, provided
the limited liability | ||||||
| 23 | company also clearly discloses its
name;
| ||||||
| 24 | (6) shall not contain any word or phrase that indicates | ||||||
| 25 | or implies that
the limited liability company is authorized | ||||||
| 26 | or empowered to be in the business
of a corporate fiduciary | ||||||
| |||||||
| |||||||
| 1 | unless otherwise permitted by the Secretary of Financial | ||||||
| 2 | and Professional Regulation Commissioner of the
Office of | ||||||
| 3 | Banks and Real Estate under Section 1-9 of the Corporate | ||||||
| 4 | Fiduciary
Act. The word "trust", "trustee", or "fiduciary" | ||||||
| 5 | may be used by a limited
liability company only if it has | ||||||
| 6 | first complied with Section 1-9 of the
Corporate Fiduciary | ||||||
| 7 | Act; and
| ||||||
| 8 | (7) shall contain the word "trust", if it is a limited | ||||||
| 9 | liability company
organized for the purpose of accepting | ||||||
| 10 | and executing trusts. ; and
| ||||||
| 11 | (8) shall not, as to any limited liability company | ||||||
| 12 | organized or amending its company name on or after April 3, | ||||||
| 13 | 2009 (the effective date of Public Act 96-7), without the | ||||||
| 14 | express written consent of the United States Olympic | ||||||
| 15 | Committee, contain the words: (i) "Olympic"; (ii) | ||||||
| 16 | "Olympiad"; (iii) "Paralympic"; (iv) "Paralympiad"; (v) | ||||||
| 17 | "Citius Altius Fortius"; or (vi) "CHICOG". | ||||||
| 18 | (b) Nothing in this Section or Section 1-20 shall
abrogate | ||||||
| 19 | or limit the common law or statutory law of unfair
competition | ||||||
| 20 | or unfair trade practices, nor derogate from the
common law or | ||||||
| 21 | principles of equity or the statutes of this
State or of the | ||||||
| 22 | United States of America with respect to the
right to acquire | ||||||
| 23 | and protect copyrights, trade names,
trademarks, service | ||||||
| 24 | marks, service names, or any other right
to the exclusive use | ||||||
| 25 | of names or symbols.
| ||||||
| 26 | (c) (Blank).
| ||||||
| |||||||
| |||||||
| 1 | (d) The name shall be distinguishable upon the records
in | ||||||
| 2 | the Office of the Secretary of State from all of the following:
| ||||||
| 3 | (1) Any limited liability company that has
articles of | ||||||
| 4 | organization filed with the Secretary of
State under | ||||||
| 5 | Section 5-5.
| ||||||
| 6 | (2) Any foreign limited liability company admitted
to | ||||||
| 7 | transact business in this State.
| ||||||
| 8 | (3) Any name for which an exclusive right has been
| ||||||
| 9 | reserved in the Office of the Secretary of State
under | ||||||
| 10 | Section 1-15.
| ||||||
| 11 | (4) Any assumed name that is registered with the
| ||||||
| 12 | Secretary of State under Section 1-20.
| ||||||
| 13 | (5) Any corporate name or assumed corporate name of a | ||||||
| 14 | domestic or
foreign corporation subject to the provisions | ||||||
| 15 | of Section 4.05 of the
Business Corporation Act of 1983
or | ||||||
| 16 | Section 104.05 of the General Not For Profit Corporation | ||||||
| 17 | Act of 1986.
| ||||||
| 18 | (e) The provisions of subsection (d) of this Section
shall | ||||||
| 19 | not apply if the organizer files with the Secretary of
State a | ||||||
| 20 | certified copy of a final decree of a court of
competent | ||||||
| 21 | jurisdiction establishing the prior right of the
applicant to | ||||||
| 22 | the use of that name in this State.
| ||||||
| 23 | (f) The Secretary of State shall determine whether a
name | ||||||
| 24 | is "distinguishable" from another name for the purposes
of this | ||||||
| 25 | Act. Without excluding other names that may not
constitute | ||||||
| 26 | distinguishable names in this State, a name is not
considered | ||||||
| |||||||
| |||||||
| 1 | distinguishable, for purposes of this Act, solely
because it | ||||||
| 2 | contains one or more of the following:
| ||||||
| 3 | (1) The word "limited", "liability" or "company"
or an | ||||||
| 4 | abbreviation of one of those words.
| ||||||
| 5 | (2) Articles, conjunctions, contractions,
| ||||||
| 6 | abbreviations, or different tenses or number of the same
| ||||||
| 7 | word.
| ||||||
| 8 | (Source: P.A. 98-720, eff. 7-16-14.)
| ||||||
| 9 | (805 ILCS 180/1-25)
| ||||||
| 10 | Sec. 1-25. Nature of business. | ||||||
| 11 | (a) A limited liability company may be formed
for any | ||||||
| 12 | lawful purpose or business except:
| ||||||
| 13 | (1) (blank);
| ||||||
| 14 | (2) insurance unless, for the purpose of carrying on | ||||||
| 15 | business as a member
of a group including incorporated and | ||||||
| 16 | individual unincorporated underwriters,
the Director of | ||||||
| 17 | Insurance finds that the group meets the requirements of
| ||||||
| 18 | subsection (3) of Section 86 of the Illinois Insurance Code | ||||||
| 19 | and the limited
liability company, if insolvent, is subject | ||||||
| 20 | to liquidation by the Director of
Insurance under Article | ||||||
| 21 | XIII of the Illinois Insurance Code;
| ||||||
| 22 | (3) the practice of dentistry unless all the members | ||||||
| 23 | and managers are
licensed as dentists under the Illinois | ||||||
| 24 | Dental Practice Act; or
| ||||||
| 25 | (4) the practice of medicine unless all the managers, | ||||||
| |||||||
| |||||||
| 1 | if any, are
licensed to practice medicine under the Medical | ||||||
| 2 | Practice Act of 1987 and each
member is either:
| ||||||
| 3 | (A) licensed to practice medicine under the | ||||||
| 4 | Medical Practice Act of
1987; or
| ||||||
| 5 | (B) a registered medical corporation or | ||||||
| 6 | corporations organized pursuant
to the Medical | ||||||
| 7 | Corporation Act; or
| ||||||
| 8 | (C) a professional corporation organized pursuant | ||||||
| 9 | to the Professional
Service Corporation Act of | ||||||
| 10 | physicians licensed to practice under the Medical | ||||||
| 11 | Practice Act of 1987; or
| ||||||
| 12 | (D) a limited liability company that satisfies the | ||||||
| 13 | requirements of
subparagraph (A), (B), or (C); .
| ||||||
| 14 | (5) the practice of real estate unless all the | ||||||
| 15 | managers, if any, or every member in a member-managed | ||||||
| 16 | company are licensed to practice as a managing broker or | ||||||
| 17 | broker pursuant to the Real Estate License Act of 2000; | ||||||
| 18 | (6) the practice of clinical psychology unless all the | ||||||
| 19 | managers and members are licensed to practice as a clinical | ||||||
| 20 | psychologist under the Clinical Psychologist Licensing | ||||||
| 21 | Act; | ||||||
| 22 | (7) the practice of social work unless all the managers | ||||||
| 23 | and members are licensed to practice as a clinical social | ||||||
| 24 | worker or social worker under the Clinical Social Work and | ||||||
| 25 | Social Work Practice Act; | ||||||
| 26 | (8) the practice of marriage and family therapy unless | ||||||
| |||||||
| |||||||
| 1 | all the managers and members are licensed to practice as a | ||||||
| 2 | marriage and family therapist under the Marriage and Family | ||||||
| 3 | Therapy Licensing Act; | ||||||
| 4 | (9) the practice of professional counseling unless all | ||||||
| 5 | the managers and members are licensed to practice as a | ||||||
| 6 | clinical professional counselor or a professional | ||||||
| 7 | counselor under the Professional Counselor and Clinical | ||||||
| 8 | Professional Counselor Licensing and Practice Act; | ||||||
| 9 | (10) the practice of sex offender evaluations unless | ||||||
| 10 | all the managers and members are licensed to practice as a | ||||||
| 11 | sex offender evaluator under the Sex Offender Evaluation | ||||||
| 12 | and Treatment Provider Act; or | ||||||
| 13 | (11) the practice of veterinary medicine unless all the | ||||||
| 14 | managers and members are licensed to practice as a | ||||||
| 15 | veterinarian under the Veterinary Medicine and Surgery | ||||||
| 16 | Practice Act of 2004. | ||||||
| 17 | (b) Notwithstanding any provision of this Section, any of | ||||||
| 18 | the following professional services may be combined and offered | ||||||
| 19 | within a single company provided that each professional service | ||||||
| 20 | is only offered by persons licensed to provide that | ||||||
| 21 | professional service and all managers and members are licensed | ||||||
| 22 | in at least one of the professional services offered by the | ||||||
| 23 | company: | ||||||
| 24 | (1) the practice of medicine by physicians licensed | ||||||
| 25 | under the Medical Practice Act of 1987, the practice of | ||||||
| 26 | podiatry by podiatrists licensed under the Podiatric | ||||||
| |||||||
| |||||||
| 1 | Medical Practice Act of 1987, the practice of dentistry by | ||||||
| 2 | dentists licensed under the Illinois Dental Practice Act, | ||||||
| 3 | and the practice of optometry by optometrists licensed | ||||||
| 4 | under the Illinois Optometric Practice Act of 1987; or | ||||||
| 5 | (2) the practice of clinical psychology by clinical | ||||||
| 6 | psychologists licensed under the Clinical Psychologist | ||||||
| 7 | Licensing Act, the practice of social work by clinical | ||||||
| 8 | social workers or social workers licensed under the | ||||||
| 9 | Clinical Social Work and Social Work Practice Act, the | ||||||
| 10 | practice of marriage and family counseling by marriage and | ||||||
| 11 | family therapists licensed under the Marriage and Family | ||||||
| 12 | Therapy Licensing Act, the practice of professional | ||||||
| 13 | counseling by professional counselors and clinical | ||||||
| 14 | professional counselors licensed under the Professional | ||||||
| 15 | Counselor and Clinical Professional Counselor Licensing | ||||||
| 16 | and Practice Act, and the practice of sex offender | ||||||
| 17 | evaluations by sex offender evaluators licensed under the | ||||||
| 18 | Sex Offender Evaluation and Treatment Provider Act. | ||||||
| 19 | (Source: P.A. 95-331, eff. 8-21-07; 95-738, eff. 1-1-09.)
| ||||||
| 20 | (805 ILCS 180/1-28) | ||||||
| 21 | Sec. 1-28. Certificate of Registration; Department of | ||||||
| 22 | Financial and Professional Regulation. This Section applies | ||||||
| 23 | only to a limited liability company that intends to provide, or | ||||||
| 24 | does provide, professional services that require the | ||||||
| 25 | individuals engaged in the profession to be licensed by the | ||||||
| |||||||
| |||||||
| 1 | Department of Financial and Professional Regulation. A limited | ||||||
| 2 | liability company covered by this Section shall not open, | ||||||
| 3 | operate, or maintain an establishment for any of the purposes | ||||||
| 4 | for which a limited liability company may be organized under | ||||||
| 5 | this Act without obtaining a certificate of registration from | ||||||
| 6 | the Department. | ||||||
| 7 | Application for such registration shall be made in writing | ||||||
| 8 | and shall contain the name and address of the limited liability | ||||||
| 9 | company and such other information as may be required by the | ||||||
| 10 | Department. Upon receipt of such application, the Department | ||||||
| 11 | shall make an investigation of the limited liability company. | ||||||
| 12 | If this Act or any Act administered by the Department requires | ||||||
| 13 | the organizers, managers, and members to each be licensed in | ||||||
| 14 | the particular profession or related professions related to the | ||||||
| 15 | professional services offered by the company, the Department | ||||||
| 16 | shall determine finds that the organizers, managers, and | ||||||
| 17 | members are each licensed pursuant to the laws of Illinois to | ||||||
| 18 | engage in the particular profession or related professions | ||||||
| 19 | involved (except that an initial organizer may be a licensed | ||||||
| 20 | attorney) and that if no disciplinary action is pending before | ||||||
| 21 | the Department against any of them before issuing a certificate | ||||||
| 22 | of registration. For all other companies submitting an | ||||||
| 23 | application, the Department shall determine if any organizer, | ||||||
| 24 | manager, or member claiming to hold a professional license | ||||||
| 25 | issued by the Department is currently so licensed and that no | ||||||
| 26 | disciplinary action is pending before the Department against | ||||||
| |||||||
| |||||||
| 1 | any of them before issuing a certificate of registration. If | ||||||
| 2 | and if it appears that the limited liability company will be | ||||||
| 3 | conducted in compliance with the law and the rules and | ||||||
| 4 | regulations of the Department, the Department shall issue, upon | ||||||
| 5 | payment of a registration fee of $50, a certificate of | ||||||
| 6 | registration. | ||||||
| 7 | A separate application shall be submitted for each business | ||||||
| 8 | location in Illinois. If the limited liability company is using | ||||||
| 9 | more than one fictitious or assumed name and has an address | ||||||
| 10 | different from that of the parent company, a separate | ||||||
| 11 | application shall be submitted for each fictitious or assumed | ||||||
| 12 | name. | ||||||
| 13 | Upon written application of the holder, the Department | ||||||
| 14 | shall renew the certificate if it finds that the limited | ||||||
| 15 | liability company has complied with its regulations and the | ||||||
| 16 | provisions of this Act and the applicable licensing Act. This | ||||||
| 17 | fee for the renewal of a certificate of registration shall be | ||||||
| 18 | calculated at the rate of $40 per year.
The certificate of | ||||||
| 19 | registration shall be conspicuously posted upon the premises to | ||||||
| 20 | which it is applicable, and the limited liability company shall | ||||||
| 21 | have only those offices which are designated by street address | ||||||
| 22 | in the articles of organization, or as changed by amendment of | ||||||
| 23 | such articles. A certificate of registration shall not be | ||||||
| 24 | assignable. | ||||||
| 25 | A limited liability company registered under this Section | ||||||
| 26 | may, for the purposes of dissolution, have as its managers and | ||||||
| |||||||
| |||||||
| 1 | members individuals who are not licensed by the Department to | ||||||
| 2 | provide professional services notwithstanding any provision of | ||||||
| 3 | this section or of any professional Act administered by the | ||||||
| 4 | Department, provided that the limited liability company under | ||||||
| 5 | these circumstances does not render any professional services | ||||||
| 6 | nor hold itself out as capable or available to render any | ||||||
| 7 | professional services during the period of dissolution. The | ||||||
| 8 | Department shall not issue or renew any certificate of | ||||||
| 9 | registration to a limited liability company during the period | ||||||
| 10 | of dissolution. A copy of the certificate of dissolution, as | ||||||
| 11 | issued by the Secretary of State, shall be delivered to the | ||||||
| 12 | Department within 30 days of its receipt by the managers or | ||||||
| 13 | members. | ||||||
| 14 | All fees, civil penalties, and fines collected under this | ||||||
| 15 | Section and Section 1-29 shall be deposited into the General | ||||||
| 16 | Professions Dedicated Fund.
| ||||||
| 17 | (Source: P.A. 96-679, eff. 8-25-09; 96-984, eff. 1-1-11; | ||||||
| 18 | 96-1000, eff. 7-2-10.)
| ||||||
| 19 | (805 ILCS 180/1-29 new) | ||||||
| 20 | Sec. 1-29. Certificate of registration; administration and | ||||||
| 21 | enforcement. This Section applies to a limited liability | ||||||
| 22 | company subject to Section 1-28 of this Act. | ||||||
| 23 | No limited liability company organized under this Act may | ||||||
| 24 | render professional services that require the issuance of a | ||||||
| 25 | license by the Department, except through its managers, | ||||||
| |||||||
| |||||||
| 1 | members, agents, or employees who are duly licensed or | ||||||
| 2 | otherwise legally authorized to render such professional | ||||||
| 3 | services within this State. | ||||||
| 4 | Nothing contained in this Act shall be interpreted to | ||||||
| 5 | abolish, repeal, modify, restrict, or limit the law in effect | ||||||
| 6 | in this State on the effective date of this amendatory Act of | ||||||
| 7 | the 99th General Assembly that is applicable to the | ||||||
| 8 | professional relationship and liabilities between the person | ||||||
| 9 | furnishing the professional services and the person receiving | ||||||
| 10 | such professional services or the law that is applicable to the | ||||||
| 11 | standards for professional conduct. Any manager, member, | ||||||
| 12 | agent, or employee of a limited liability company shall remain | ||||||
| 13 | personally and fully liable and accountable for any negligent | ||||||
| 14 | or wrongful acts or misconduct committed by him or her or by | ||||||
| 15 | any person under his or her direct supervision and control | ||||||
| 16 | while rendering professional services on behalf of the limited | ||||||
| 17 | liability company. However, a limited liability company | ||||||
| 18 | subject to Section 1-28 shall have no greater liability for the | ||||||
| 19 | conduct of its agents than any other limited liability company | ||||||
| 20 | organized under this Act. The limited liability company shall | ||||||
| 21 | be liable up to the full value of its property for any | ||||||
| 22 | negligence or wrongful acts or misconduct committed by any of | ||||||
| 23 | its managers, members, agents, or employees while they are | ||||||
| 24 | engaged in the rendering of professional services on behalf of | ||||||
| 25 | the limited liability company. | ||||||
| 26 | An individual's association with a limited liability | ||||||
| |||||||
| |||||||
| 1 | company as a manager, member, agent, or employee, shall in no | ||||||
| 2 | way modify or diminish the jurisdiction of the Department that | ||||||
| 3 | licensed, certified, or registered the individual for a | ||||||
| 4 | particular profession. | ||||||
| 5 | All rights and obligations pertaining to communications | ||||||
| 6 | made to or information received by any qualified person or the | ||||||
| 7 | advice he or she gives on such communications or information, | ||||||
| 8 | shall be extended to the limited liability company of which he | ||||||
| 9 | or she is a manager, member, agent, or employee, and to the | ||||||
| 10 | limited liability company's managers, members, agents, and | ||||||
| 11 | employees. | ||||||
| 12 | Any limited liability company that, on 2 occasions, issues | ||||||
| 13 | or delivers a check or other order to the Department that is | ||||||
| 14 | not honored by the financial institution upon which it is drawn | ||||||
| 15 | because of insufficient funds on the account, shall pay to the | ||||||
| 16 | Department, in addition to the amount owing upon such check or | ||||||
| 17 | other order, a fee of $50. If such check or other order was | ||||||
| 18 | issued or delivered in payment of a renewal fee and the limited | ||||||
| 19 | liability company whose certification of registration has | ||||||
| 20 | lapsed continues to practice as a limited liability company | ||||||
| 21 | without paying the renewal fee and the $50 fee required under | ||||||
| 22 | this Section, an additional fee of $100 shall be imposed for | ||||||
| 23 | practicing without a current license. The Department shall | ||||||
| 24 | notify the limited liability company whose certificate of | ||||||
| 25 | registration has lapsed within 30 days after the discovery by | ||||||
| 26 | the Department that such limited liability company is operating | ||||||
| |||||||
| |||||||
| 1 | without a current certificate of the fact that the limited | ||||||
| 2 | liability company is operating without a certificate and of the | ||||||
| 3 | amount due to the Department, which shall include the lapsed | ||||||
| 4 | renewal fee and all other fees required by this Section. If the | ||||||
| 5 | limited liability company whose certification has lapsed seeks | ||||||
| 6 | a current certificate more than 30 days after the date it | ||||||
| 7 | receives notification from the Department, it shall be required | ||||||
| 8 | to apply to the Department for reinstatement of the certificate | ||||||
| 9 | and to pay all fees due to the Department. The Department may | ||||||
| 10 | establish a fee for the processing of an application for | ||||||
| 11 | reinstatement of a certificate that allows the Department to | ||||||
| 12 | pay all costs and expenses related to the processing of the | ||||||
| 13 | application. The Director may waive the fees due under this | ||||||
| 14 | Section in individual cases where he or she finds that in the | ||||||
| 15 | particular case such fees would be unreasonable or | ||||||
| 16 | unnecessarily burdensome. | ||||||
| 17 | The Department may suspend, revoke, or otherwise | ||||||
| 18 | discipline the certificate of registration for any of the | ||||||
| 19 | following reasons: | ||||||
| 20 | (1) the revocation or suspension of the license to | ||||||
| 21 | practice the profession of any officer, manager, member, | ||||||
| 22 | agent, or employee not promptly removed or discharged by | ||||||
| 23 | the limited liability company; | ||||||
| 24 | (2) unethical professional conduct on the part of any | ||||||
| 25 | officer, manager, member, agent, or employee not promptly | ||||||
| 26 | removed or discharged by the limited liability company; | ||||||
| |||||||
| |||||||
| 1 | (3) the death of the last remaining member; | ||||||
| 2 | (4) upon finding that the holder of the certificate has | ||||||
| 3 | failed to comply with the provisions of this Act or the | ||||||
| 4 | regulations prescribed by the Department; or | ||||||
| 5 | (5) the failure to file a return, to pay the tax, | ||||||
| 6 | penalty, or interest shown in a filed return, or to pay any | ||||||
| 7 | final assessment of tax, penalty, or interest, as required | ||||||
| 8 | by a tax Act administered by the Illinois Department of | ||||||
| 9 | Revenue, until such time as the requirements of any such | ||||||
| 10 | tax Act are satisfied. | ||||||
| 11 | Before any certificate of registration is suspended or | ||||||
| 12 | revoked, the holder shall be given
written notice of the | ||||||
| 13 | proposed action and the reasons for the proposed action and | ||||||
| 14 | shall be provided a public
hearing by the Department with the | ||||||
| 15 | right to produce testimony and other evidence
concerning the | ||||||
| 16 | charges made. The notice shall also state the place and date of | ||||||
| 17 | the hearing,
which shall be at least 10 days after service of | ||||||
| 18 | the notice. | ||||||
| 19 | All orders of the Department denying an application for a | ||||||
| 20 | certificate of registration or
suspending or revoking a | ||||||
| 21 | certificate of registration or imposing a civil penalty shall | ||||||
| 22 | be
subject to judicial review pursuant to the Administrative | ||||||
| 23 | Review Law. | ||||||
| 24 | The proceedings for judicial review shall be commenced in | ||||||
| 25 | the circuit court of the county in which the party applying for | ||||||
| 26 | review is located. If the party is not currently located in | ||||||
| |||||||
| |||||||
| 1 | Illinois, the venue shall be in Sangamon County. The Department | ||||||
| 2 | shall not be required to certify any record to the court or | ||||||
| 3 | file any answer in court or otherwise appear in any court in a | ||||||
| 4 | judicial review proceeding, unless and until the Department has | ||||||
| 5 | received from the plaintiff payment of the costs of furnishing | ||||||
| 6 | and certifying the record, which costs shall be determined by | ||||||
| 7 | the Department. Exhibits shall be certified without cost. | ||||||
| 8 | Failure on the part of the plaintiff to file a receipt in court | ||||||
| 9 | is grounds for dismissal of the action. | ||||||
| 10 | Whenever the Department has reason to believe a limited | ||||||
| 11 | liability company has opened, operated, or maintained an | ||||||
| 12 | establishment for any of the purposes for which a limited | ||||||
| 13 | liability company may be organized under this Act without a | ||||||
| 14 | certificate of registration from the Department authorized by | ||||||
| 15 | law to license individuals to engage in the profession or | ||||||
| 16 | related professions, the Department may issue a notice of | ||||||
| 17 | violation to the limited liability company. The notice of | ||||||
| 18 | violation shall provide a period of 30 days after the date of | ||||||
| 19 | the notice to either file an answer to the satisfaction of the | ||||||
| 20 | Department or submit an application for registration in | ||||||
| 21 | compliance with this Act, including payment of the $50 | ||||||
| 22 | application fee and a late fee of $100 for each year that the | ||||||
| 23 | limited liability company opened, operated, or maintained an | ||||||
| 24 | establishment for any of the purposes for which a limited | ||||||
| 25 | liability company may be organized under this Act without | ||||||
| 26 | having been issued a certificate of registration, with a | ||||||
| |||||||
| |||||||
| 1 | maximum late fee of $500. If the limited liability company that | ||||||
| 2 | is the subject of the notice of violation fails to respond, | ||||||
| 3 | fails to respond to the satisfaction of the Department, or | ||||||
| 4 | fails to submit an application for registration, the Department | ||||||
| 5 | may institute disciplinary proceedings against the limited | ||||||
| 6 | liability company and may impose a civil penalty up to $10,000 | ||||||
| 7 | for violation of this Act after affording the limited liability | ||||||
| 8 | company a hearing in conformance with the requirements of this | ||||||
| 9 | Act. | ||||||
| 10 | All information collected by the Department in the course | ||||||
| 11 | of an examination or investigation of a holder of a certificate | ||||||
| 12 | of registration or an applicant, including, but not limited to, | ||||||
| 13 | any complaint against a holder of a certificate of registration | ||||||
| 14 | filed with the Department and information collected to | ||||||
| 15 | investigate any such complaint, shall be maintained for the | ||||||
| 16 | confidential use of the Department and shall not be disclosed. | ||||||
| 17 | The Department may not disclose the information to anyone other | ||||||
| 18 | than law enforcement officials, other regulatory agencies that | ||||||
| 19 | have an appropriate regulatory interest as determined by the | ||||||
| 20 | Secretary, or a party presenting a lawful subpoena to the | ||||||
| 21 | Department. Information and documents disclosed to a federal, | ||||||
| 22 | State, county, or local law enforcement agency shall not be | ||||||
| 23 | disclosed by the agency for any purpose to any other agency or | ||||||
| 24 | person. A formal complaint filed against a holder of a | ||||||
| 25 | certificate of registration by the Department or any order | ||||||
| 26 | issued by the Department against a holder of a certificate of | ||||||
| |||||||
| |||||||
| 1 | registration or an applicant shall be a public record, except | ||||||
| 2 | as otherwise prohibited by law.
| ||||||
| 3 | (805 ILCS 180/5-5)
| ||||||
| 4 | Sec. 5-5. Articles of organization.
| ||||||
| 5 | (a) The articles of organization shall set forth all of
the | ||||||
| 6 | following:
| ||||||
| 7 | (1) The name of the limited liability company and
the | ||||||
| 8 | address of its principal place of business which
may, but | ||||||
| 9 | need not be a place of business in this State.
| ||||||
| 10 | (2) The purposes for which the limited liability
| ||||||
| 11 | company is organized, which may be stated to be, or to
| ||||||
| 12 | include, the transaction of any or all lawful businesses
| ||||||
| 13 | for which limited liability companies may be organized
| ||||||
| 14 | under this Act.
| ||||||
| 15 | (3) The name of its registered agent and the
address of | ||||||
| 16 | its registered office.
| ||||||
| 17 | (4) If the limited liability company is to be
managed | ||||||
| 18 | by a manager or managers, the names and
business
addresses | ||||||
| 19 | of the initial manager or managers.
| ||||||
| 20 | (5) If management of the limited liability company
is | ||||||
| 21 | to be vested in the members
under Section 15-1, then the | ||||||
| 22 | names and addresses of the
initial member or members.
| ||||||
| 23 | (5.5) The duration of the limited liability company, | ||||||
| 24 | which shall be perpetual unless otherwise stated.
| ||||||
| 25 | (6) (Blank).
| ||||||
| |||||||
| |||||||
| 1 | (7) The name and address of each organizer.
| ||||||
| 2 | (8) Any other provision, not inconsistent with
law, | ||||||
| 3 | that the members elect to set out in the articles
of | ||||||
| 4 | organization for the regulation of the internal
affairs of | ||||||
| 5 | the limited liability company, including any
provisions | ||||||
| 6 | that, under this Act, are required or
permitted to be set | ||||||
| 7 | out in the operating agreement of
the limited liability | ||||||
| 8 | company.
| ||||||
| 9 | (b) A limited liability company is organized at the
time | ||||||
| 10 | articles of organization are filed by the Secretary of
State or | ||||||
| 11 | at any later time, not more than 60 days after the
filing of | ||||||
| 12 | the articles of organization, specified in the
articles of | ||||||
| 13 | organization.
| ||||||
| 14 | (c) Articles of organization for the organization of a | ||||||
| 15 | limited liability
company for the purpose of accepting and | ||||||
| 16 | executing trusts shall not be filed by
the Secretary of State | ||||||
| 17 | until there is delivered to him or her a statement
executed by | ||||||
| 18 | the Secretary of Financial and Professional Regulation | ||||||
| 19 | Commissioner of the Office of Banks and Real Estate that the
| ||||||
| 20 | organizers of the limited liability company have made | ||||||
| 21 | arrangements
with the Secretary of Financial and Professional | ||||||
| 22 | Regulation
Commissioner of the Office of Banks and Real Estate | ||||||
| 23 | to comply with the
Corporate Fiduciary Act.
| ||||||
| 24 | (d) Articles of organization for the organization of a | ||||||
| 25 | limited liability
company as a bank or a savings bank must be | ||||||
| 26 | filed with the Department of Financial and Professional | ||||||
| |||||||
| |||||||
| 1 | Regulation Commissioner of
Banks and Real Estate or,
if the | ||||||
| 2 | bank or savings bank will be organized under federal law, with | ||||||
| 3 | the
appropriate federal banking regulator.
| ||||||
| 4 | (Source: P.A. 98-171, eff. 8-5-13.)
| ||||||
| 5 | (805 ILCS 180/5-55)
| ||||||
| 6 | Sec. 5-55. Filing in Office of Secretary of State.
| ||||||
| 7 | (a) Whenever any provision of this Act requires a
limited | ||||||
| 8 | liability company to file any document with the
Office of the | ||||||
| 9 | Secretary of State, the requirement means that:
| ||||||
| 10 | (1) the original document, executed as described
in | ||||||
| 11 | Section 5-45, and, if required by this Act to be filed in | ||||||
| 12 | duplicate, one
copy (which may be a signed
carbon or | ||||||
| 13 | photocopy) shall be delivered to the Office
of the | ||||||
| 14 | Secretary of State;
| ||||||
| 15 | (2) all fees and charges authorized by law to be
| ||||||
| 16 | collected by the Secretary of State in connection with
the | ||||||
| 17 | filing of the document shall be tendered to the
Secretary | ||||||
| 18 | of State; and
| ||||||
| 19 | (3) unless the Secretary of State finds that the
| ||||||
| 20 | document does not conform to law, he or she shall,
when all | ||||||
| 21 | fees have been paid:
| ||||||
| 22 | (A) endorse on the original and on the copy
the | ||||||
| 23 | word "Filed" and the month, day, and year of
the filing | ||||||
| 24 | thereof;
| ||||||
| 25 | (B) file in his or her office the original
of the | ||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 1 | document; and
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 2 | (C) return the copy to the person who filed
it or | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 3 | to that person's representative.
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| 4 | (b) If another Section of this Act specifically
prescribes | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 5 | a manner of filing or signing a specified document
that differs | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 6 | from the corresponding provisions of this
Section, then the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 7 | provisions of the other Section shall
govern.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 8 | (c) Whenever any provision of this Act requires a limited | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 9 | liability company
that is a bank or a savings bank to file any | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 10 | document, that requirement means
that the filing shall be made | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 11 | exclusively with the Department of Financial and Professional | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 12 | Regulation Commissioner of Banks and
Real Estate or, if the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 13 | bank or savings bank is organized under federal law,
with the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 14 | appropriate federal banking regulator at such times and in such
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 15 | manner as required by the Department Commissioner or federal | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 16 | regulator.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 17 | (Source: P.A. 92-33, eff. 7-1-01; 93-561, eff. 1-1-04.)
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