Chapter 225 — PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS

(225 ILCS 45/10) (from Ch. 111 1/2, par. 73.110) Sec. 10. Nothing in this Act shall be deemed to apply to pre-need cemetery sales under the "Illinois Pre-Need Cemetery Sales Act", enacted by the 84th General Assembly. (Source: P.A. 85-293.)

(225 ILCS 45/1a) (from Ch. 111 1/2, par. 73.101a) Sec. 1a. For the purposes of this Act, the following terms shall have the meanings specified, unless the context clearly requires another meaning: "Beneficiary" means the person specified in the pre-need contract upon whose death …

(225 ILCS 45/1a-1) Sec. 1a-1. Pre-need contracts. (a) It shall be unlawful for any seller doing business within this State to accept sales proceeds from a purchaser, either directly or indirectly by any means, unless the seller enters into a pre-need contract with the purchaser w…

(225 ILCS 45/1a-2) Sec. 1a-2. Pre-Need Funeral Consumer Protection Fund. (a) Each licensee shall pay a fee of $5 out of the funds received for each pre-need contract sold and shall forward this sum to the Comptroller semi-annually within 30 days of the end of June and December. F…

(225 ILCS 45/1b) (from Ch. 111 1/2, par. 73.101b) Sec. 1b. (a) Whenever a seller receives sales proceeds under a pre-need contract that the purchaser elects to fund by a trust agreement, the seller may retain an initial amount equal to 5% of the purchase price of the services, pe…

(225 ILCS 45/2) (from Ch. 111 1/2, par. 73.102) Sec. 2. (a) If a purchaser selects a trust arrangement to fund the pre-need contract, all trust deposits as determined by Section 1b shall be made within 30 days of receipt. (b) A trust established under this Act must be maintained …

(225 ILCS 45/2a) Sec. 2a. Purchase of insurance or annuity. (a) If a purchaser selects the purchase of a life insurance policy or tax-deferred annuity contract to fund the pre-need contract, the application and collected premium shall be mailed within 30 days of signing the pre-n…

(225 ILCS 45/2b) Sec. 2b. Irrevocable designation of beneficiary of existing life insurance. (a) In accordance with Section 245.3 of the Illinois Insurance Code, an insured or any other person who may be the owner of rights under an existing policy of life insurance may make an i…

(225 ILCS 45/3) (from Ch. 111 1/2, par. 73.103) Sec. 3. Licensing. (a) No person, firm, partnership, association or corporation may act as seller without first securing from the State Comptroller a license to so act. Application for such license shall be in writing, signed by the…

(225 ILCS 45/3a) (from Ch. 111 1/2, par. 73.103a) Sec. 3a. Denial, suspension, or revocation of license. (a) The Comptroller may refuse to issue or may suspend or revoke a license on any of the following grounds: (1) The applicant or licensee has made any misrepresentations or fa…

(225 ILCS 45/3a-5) Sec. 3a-5. License requirements. (a) Every license issued by the Comptroller shall state the number of the license, the business name and address of the licensee's principal place of business, each branch location also operating under the license, and the licen…

(225 ILCS 45/3b) (from Ch. 111 1/2, par. 73.103b) Sec. 3b. The Comptroller, at his expense, shall provide a certified shorthand reporter to take down the testimony and preserve a record of all proceedings at the hearing of any case involving the refusal to issue or renew a licens…

(225 ILCS 45/3c) (from Ch. 111 1/2, par. 73.103c) Sec. 3c. Any circuit court may, upon application of the Comptroller or of the applicant or licensee against whom proceedings under Section 3a are pending, enter an order requiring witnesses to attend and testify, and requiring the…

(225 ILCS 45/3d) (from Ch. 111 1/2, par. 73.103d) Sec. 3d. Any person affected by a final administrative decision of the Comptroller may have such decision reviewed judicially by the circuit court of the county where such person resides, or in the case of a corporation, where the…

(225 ILCS 45/3e) (from Ch. 111 1/2, par. 73.103e) Sec. 3e. Upon the revocation of, suspension of, or refusal to renew any license, the licensee shall immediately surrender the license or licenses to the Comptroller. If the licensee fails to do so, the Comptroller shall have the r…

(225 ILCS 45/3f) Sec. 3f. Revocation of license. (a) The Comptroller, upon determination that grounds exist for the revocation or suspension of a license issued under this Act, may revoke or suspend, if appropriate, the license issued to a licensee or to a particular branch offic…

(225 ILCS 45/4) (from Ch. 111 1/2, par. 73.104) Sec. 4. Withdrawal of funds; revocability of contract. (a) Except as otherwise provided in this Act, monies in a trust established under Section 2 shall not be withdrawn until after the death of the beneficiary, unless sooner withdr…

(225 ILCS 45/4a) Sec. 4a. Investment of funds. (a) A trustee has a duty to invest and manage the trust assets pursuant to the Illinois Prudent Investor Law under Article 9 of the Illinois Trust Code. (b) The trust shall be a single-purpose trust fund. In the event of the seller's…

(225 ILCS 45/4b) Sec. 4b. Licensee bankruptcy. In the event of a licensee's bankruptcy, insolvency, or assignment for the benefit of creditors, or in the event of the bankruptcy, insolvency, or assignment for the benefit of creditors of any person, partnership, association, corpo…

(225 ILCS 45/5) (from Ch. 111 1/2, par. 73.105) Sec. 5. This Act shall not be construed to prohibit the trustee and trustee's depositary from being reimbursed and receiving from such funds their reasonable compensation and expenses in the custody and administration of such funds …

(225 ILCS 45/6) (from Ch. 111 1/2, par. 73.106) Sec. 6. It is unlawful for any such agreement or agreements to provide for forfeiture and retention of payments upon any such agreement or series of agreements as and for liquidated damages therein in excess of 25% of the payments m…

(225 ILCS 45/7) (from Ch. 111 1/2, par. 73.107) Sec. 7. The invalidity of any section or part or portion of this Act shall not affect the validity of the remaining sections or part thereof. (Source: Laws 1955, p. 2020.)

(225 ILCS 45/7.1) Sec. 7.1. Effect of Public Act 88-477. Public Act 88-477 shall not be construed to invalidate any contract or agreement entered into under this Act or any other statute or law before January 1, 1994 if, when the contract or agreement was entered into, it was not…

(225 ILCS 45/7.2) Sec. 7.2. Investigation of unlawful practices. If it appears to the Comptroller that a person has engaged in, is engaging in, or is about to engage in any practice in violation of this Act, the Comptroller may: (1) require that person to file on such terms as th…

(225 ILCS 45/7.3) Sec. 7.3. Service. Service by the Comptroller of any notice requiring a person to file a statement or report shall be made: (1) personally by delivery of a duly executed copy thereof to the person to be served or, if that person is not a natural person, in the m…

(225 ILCS 45/8) (from Ch. 111 1/2, par. 73.108) Sec. 8. Any person who intentionally fails to deposit the required sales proceeds into a trust required under this Act, intentionally and improperly withdraws or uses trust funds for his or her own benefit, or otherwise intentionall…

(225 ILCS 45/8.1) Sec. 8.1. Sales; liability of purchaser for shortage. In the event of a sale or transfer of all or substantially all of the assets of the licensee, the sale or transfer of the controlling interest of the corporate stock of the licensee if the licensee is a corpo…

(225 ILCS 45/9) (from Ch. 111 1/2, par. 73.109) Sec. 9. This Act shall be known and may be cited as the "Illinois Funeral or Burial Funds Act". (Source: P.A. 83-464.)

(225 ILCS 46/1) Sec. 1. Short title. This Act may be cited as the Health Care Worker Background Check Act. (Source: P.A. 89-197, eff. 7-21-95.)

(225 ILCS 46/10) Sec. 10. Applicability. This Act applies to all individuals employed or retained by a health care employer as home health care aides, nurse aides, personal care assistants, private duty nurse aides, day training personnel, or an individual working in any similar …

(225 ILCS 46/15) Sec. 15. Definitions. In this Act: "Applicant" means an individual enrolling in a training program, seeking employment, whether paid or on a volunteer basis, with a health care employer who has received a bona fide conditional offer of employment. "Conditional of…

(225 ILCS 46/20) Sec. 20. Exceptions. This Act shall not apply to: (1) an individual who is licensed by the Department of Financial and Professional Regulation or the Department of Public Health under another law of this State; (2) an individual employed or retained by a health c…

(225 ILCS 46/25) Sec. 25. Hiring of people with criminal records by health care employers and long-term care facilities. (a) A health care employer or long-term care facility may hire, employ, or retain any individual in a position involving direct care for clients, patients, or …

(225 ILCS 46/25.1) Sec. 25.1. (Repealed). (Source: P.A. 90-441, eff. 1-1-98. Repealed by P.A. 95-120, eff. 8-13-07.)

(225 ILCS 46/26) Sec. 26. Health Care Worker Registry. The Department shall establish and maintain the Health Care Worker Registry, a registry of all individuals who (i) have satisfactorily completed the training required by Section 3-206 of the Nursing Home Care Act, Section 3-2…

(225 ILCS 46/27) Sec. 27. Notice and hearing prior to designation on Health Care Worker Registry for offense. (a) If the Department finds that an employee or former employee has abused or neglected a resident or misappropriated property of a resident, then the Department shall no…

(225 ILCS 46/28) Sec. 28. Designation on Registry for offense. (a) The Department, after notice to the employee, or former employee, may denote on the Health Care Worker Registry that the Department has found any of the following: (1) The employee, or former employee, has abused …

(225 ILCS 46/30) Sec. 30. (Repealed). (Source: P.A. 95-545, eff. 8-28-07. Repealed by P.A. 95-120, eff. 8-13-07.)

(225 ILCS 46/33) Sec. 33. Fingerprint-based criminal history records check. (a) A fingerprint-based criminal history records check is not required for health care employees who have been continuously employed by a health care employer since October 1, 2007, have met the requireme…

(225 ILCS 46/35) Sec. 35. (Repealed). (Source: P.A. 91-598, eff. 1-1-00. Repealed by P.A. 95-120, eff. 8-13-07.)

(225 ILCS 46/40) Sec. 40. Waiver. (a) Any student, applicant, enrollee in a training program, individual receiving services from a workforce intermediary or organization providing pro bono legal services, or employee listed on the Health Care Worker Registry may request a waiver …

(225 ILCS 46/40.1) Sec. 40.1. Health Care Worker Registry working group. (a) The Office of the Governor shall establish a working group regarding the activities under this Act, with the following goals: (1) to evaluate and monitor the success of health care waivers under Section …

(225 ILCS 46/45) Sec. 45. Application fees. Except as otherwise provided in this Act, the student, applicant, or employee, other than a nurse aide, may be required to pay all related application and fingerprinting fees including, but not limited to, the amounts established by the…

(225 ILCS 46/5) Sec. 5. Purpose. The General Assembly finds that it is in the public interest to protect the citizens of the State of Illinois who are the most frail and who are persons with disabilities from possible harm through a criminal background check of certain health car…

(225 ILCS 46/50) Sec. 50. Health care employer files. The health care employer shall retain on file for a period of 5 years records of criminal records requests for all employees. The health care employer shall retain a copy of the disclosure and authorization forms, a copy of th…

(225 ILCS 46/55) Sec. 55. Immunity from liability. A health care employer shall not be liable for the failure to hire or to retain an applicant or employee who has been convicted of committing or attempting to commit one or more of the offenses enumerated in subsection (a) of Sec…

(225 ILCS 46/60) Sec. 60. Offense. (a) Any person whose profession is job counseling who knowingly counsels any person who has been convicted of committing or attempting to commit any of the offenses enumerated in subsection (a) of Section 25 to apply for a position with duties i…

(225 ILCS 46/65) Sec. 65. Health Care Worker Task Force. A Health Care Worker Task Force shall be appointed to study and make recommendations on statutory changes to this Act. (a) The Task Force shall monitor the status of the implementation of this Act and monitor complaint inve…

(225 ILCS 46/70) Sec. 70. Centers for Medicare and Medicaid Services (CMMS) grant; Voluntary FBI Fingerprint Demonstration Project. (a) The General Assembly authorizes the establishment of the Voluntary FBI Fingerprint Demonstration Project (Demonstration Project), which shall be…

(225 ILCS 46/75) Sec. 75. Rulemaking. The Department shall have the authority to adopt administrative rules and procedures to carry out the purpose of this Act. The provisions of the Illinois Administrative Procedure Act are hereby expressly adopted and shall apply to all adminis…