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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
91_HB1860enr HB1860 Enrolled LRB9104975ACtm 1 AN ACT to amend the Illinois Certified Shorthand 2 Reporters Act of 1984 by changing Section 23 and adding 3 Section 26.1. 4 Be it enacted by the People of the State of Illinois, 5 represented in the General Assembly: 6 Section 5. The Illinois Certified Shorthand Reporters 7 Act of 1984 is amended by changing Section 23 and adding 8 Section 26.1 as follows: 9 (225 ILCS 415/23) (from Ch. 111, par. 6223) 10 Sec. 23. Grounds for disciplinary action. 11 (a) The Department may refuse to issue or renew, or may 12 revoke, suspend, place on probation, reprimand or take other 13 disciplinary action as the Department may deem appropriate, 14 including fines not to exceed $5,000 for each violation, with 15 regard to any license for any one or combination of the 16 following: 17 (1) Material misstatement in furnishing information 18 to the Department; 19 (2) Violations of this Act, or of the rules 20 promulgated thereunder; 21 (3) Conviction of any crime under the laws of the 22 United States or any state or territory thereof which is 23 a felony or which is a misdemeanor, an essential element 24 of which is dishonesty, or of any crime which is directly 25 related to the practice of shorthand reporting; 26 (4) Making any misrepresentation for the purpose of 27 obtaining certification, or violating any provision of 28 this Act or the rules promulgated thereunder pertaining 29 to advertising; 30 (5) Having demonstrated unworthiness, or 31 incompetency to act as a certified shorthand reporter in HB1860 Enrolled -2- LRB9104975ACtm 1 such manner as to safeguard the interest of the public; 2 (6) Aiding or assisting another person, firm, 3 partnership or corporation in violating any provision of 4 this Act or rules; 5 (7) Failing, within 60 days, to provide information 6 in response to a written request made by the Department; 7 (8) Engaging in dishonorable, unethical or 8 unprofessional conduct of a character likely to deceive, 9 defraud or harm the public; 10 (9) Habitual intoxication or addiction to the use 11 of drugs; 12 (10) Discipline by another state, the District of 13 Columbia, a territory, or foreign nation, if at least one 14 of the grounds for the discipline is the same or 15 substantially equivalent to those set forth herein; 16 (11) Directly or indirectly giving to or receiving 17 from any person, firm, corporation, partnership or 18 association any fee, commission, rebate or other form of 19 compensation for professional services not actually or 20 personally rendered; 21 (12) A finding by the Board that the certificate 22 holder, after having his certificate placed on 23 probationary status, has violated the terms of probation; 24 (13) Willfully making or filing false records or 25 reports in the practice of shorthand reporting, including 26 but not limited to false records filed with State 27 agencies or departments; 28 (14) Physical illness, including but not limited 29 to, deterioration through the aging process, or loss of 30 motor skill which results in the inability to practice 31 the profession with reasonable judgment, skill or safety; 32 (15) Solicitation of professional services other 33 than by permitted advertising; 34 (16) Willful failure to take full and accurate HB1860 Enrolled -3- LRB9104975ACtm 1 stenographic notes of any proceeding; 2 (17) Willful alteration of any stenographic notes 3 taken at any proceeding; 4 (18) Willful failure to accurately transcribe 5 verbatim any stenographic notes taken at any proceeding; 6 (19) Willful alteration of a transcript of 7 stenographic notes taken at any proceeding; 8 (20) Affixing one's signature to any transcript of 9 his stenographic notes or certifying to its correctness 10 unless the transcript has been prepared by him or under 11 his immediate supervision; 12 (21) Willful failure to systematically retain 13 stenographic notes, recordingsor transcripts on paper or 14 any electronic media for 5 years from the date that the 15 notes or transcripts were taken or for 5 years from the 16 end of litigationfor time periods required by law; 17 (22) Failure to deliver transcripts in a timely 18 manner or in accordance with contractual agreements; 19 (23) Establishing contingent fees as a basis of 20 compensation. 21 (b) The determination by a circuit court that a 22 certificate holder is subject to involuntary admission or 23 judicial admission as provided in the Mental Health and 24 Developmental Disabilities Code, operates as an automatic 25 suspension. Such suspension will end only upon a finding by 26 a court that the patient is no longer subject to involuntary 27 admission or judicial admission, an order by the court so 28 finding and discharging the patient, and the recommendation 29 of the Board to the Director that the certificate holder be 30 allowed to resume his practice. 31 (Source: P.A. 86-615; 87-481; 87-576.) 32 (225 ILCS 415/26.1 new) 33 Sec. 26.1. Responsibility for notes. It is the licensee's HB1860 Enrolled -4- LRB9104975ACtm 1 responsibility to preserve his or her shorthand notes for a 2 period of no less than 5 years from the end of litigation, 3 except as otherwise prescribed by law, through storage of the 4 original paper notes or an electronic copy of either the 5 shorthand notes or the English transcript of the notes on 6 computer disks, cassettes, backup tape systems, or optical or 7 laser disk systems. 8 Section 99. Effective date. This Act takes effect upon 9 becoming law.