SB 3666

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Full Text of SB3666
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	SB3666 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3666
Introduced 2/5/2026, by Sen. Christopher Belt
SYNOPSIS AS INTRODUCED:
See Index
Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Makes changes in provisions concerning definitions; oaths, subpoenas, and penalties; applicants with criminal convictions; qualification for licensure or registration; health care worker licensure actions; automatic suspension of a health care worker's license; the publication of disciplinary actions; and records of Department actions. Amends the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985. In provisions concerning required licensure, provides that an application shall not be automatically placed on hold, delayed, denied, or otherwise not processed by the Department of Financial and Professional Regulation because it was submitted by a person who is incarcerated. Amends the Health Care Professional Credentials Data Collection Act. In provisions concerning licensure records, provides that licensure records designated confidential and considered sealed (rather than expunged) for reporting purposes by the licensee are not reportable under the Act. Amends the Unified Code of Corrections. In provisions concerning loss and restoration of rights, provides that no application for specific licenses granted under the authority of the State shall be denied to (rather than denied by reason of) an eligible offender who has obtained a certificate of relief from disabilities, having been previously convicted of one or more criminal offenses (rather than or by reason of a finding of lack of "good moral character"), when the finding is solely based upon the fact that the applicant has previously been convicted of one or more criminal offenses, except for certain circumstances. Repeals provisions concerning the Department of Financial and Professional Regulation's annual report to the General Assembly. Makes other changes. Effective immediately.
LRB104 17957 AAS 31394 b
A BILL FOR
		SB3666		LRB104 17957 AAS 31394 b
1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be referred to as the
5Reducing Barriers to Licensure Act.
6    Section 5. The Department of Professional Regulation Law
7of the Civil Administrative Code of Illinois is amended by
8changing Sections 2105-5, 2105-105, 2105-131, 2105-135,
92105-165, 2105-170, 2105-205, and 2105-207 as follows:
10    (20 ILCS 2105/2105-5)  (was 20 ILCS 2105/60b)
11    Sec. 2105-5. Definitions. In this Law:
12    "Address of record" means the designated address recorded
13by the Department in the applicant's application file or the
14licensee's license file, as maintained by the Department's
15licensure maintenance unit. An address of record must be a
16street address, not a post office box or any other similar
17location.
18    "Applicant" means an applicant for a license,
19certification, registration, permit, or other authority issued
20or conferred by the Department by virtue or authority of which
21the licensee has or claims the right to engage in a profession,
22trade, occupation, or operation of which the Department has
		SB3666	- 2 -	LRB104 17957 AAS 31394 b
1jurisdiction.
2    "Department" means the Division of Professional Regulation
3and the Division of Real Estate of the Department of Financial
4and Professional Regulation. Any reference in this Article to
5the "Department of Professional Regulation" shall be deemed to
6mean the "Division of Professional Regulation and the Division 
7of Real Estate of the Department of Financial and Professional
8Regulation".
9    "Director" means the Director of Professional Regulation
10or the Director of Real Estate.
11    "Email address of record" means the designated email
12address recorded by the Department in the applicant's
13application file or the licensee's license file, as maintained
14by the Department's licensure maintenance unit.
15    "Board" means the board of persons designated for a
16profession, trade, or occupation under the provisions of any
17Act now or hereafter in force whereby the jurisdiction of that
18profession, trade, or occupation is devolved on the
19Department.
20    "License" means a license, registration, certification,
21permit, or other authority purporting to be issued or
22conferred by the Department by virtue or authority of which
23the licensee has or claims the right to engage in a profession,
24trade, occupation, or operation of which the Department has
25jurisdiction.
26    "Licensee" means a person who holds or claims to hold a
		SB3666	- 3 -	LRB104 17957 AAS 31394 b
1license. An unlicensed person or entity that holds himself,
2herself, or itself out as a licensee or engages in a licensed
3activity shall be deemed to be a licensee for the purposes of
4investigation or disciplinary action.
5    "Retiree" means a person who has been duly licensed,
6registered, or certified in a profession regulated by the
7Department and who chooses to relinquish or not renew his or
8her license, registration, or certification.
9(Source: P.A. 99-227, eff. 8-3-15; 100-262, eff. 8-22-17.)
10    (20 ILCS 2105/2105-105)  (was 20 ILCS 2105/60d)
11    Sec. 2105-105. Oaths; subpoenas; penalty.
12    (a) Notwithstanding any provision of law to the contrary 
13in any licensing Act, the [The] Department, by its Director or a
14person designated by him or her, is empowered, at any time
15during the course of any investigation or hearing conducted
16pursuant to any Act administered by the Department, to
17administer oaths, subpoena witnesses, take evidence, and
18compel the production of any books, papers, records, or any
19other documents that the Director, or a person designated by
20him or her, deems relevant or material to any such
21investigation or hearing conducted by the Department[, with the ]
22[same fees and mileage and in the same manner as prescribed by ]
23[law in judicial proceedings in civil cases in circuit courts ]
24[of this State]. Witnesses in hearings conducted under this 
25Section are entitled to the same fees and mileage, and in the 
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1same manner, as prescribed by law in judicial proceedings in 
2civil cases of this State. Discovery or evidence depositions
3shall not be taken, except by agreement of the Department and
4registrant.
5    (b) Any person who, without lawful authority, fails to
6appear in response to a subpoena or to answer any question or
7produce any books, papers, records, or any other documents
8relevant or material to the investigation or hearing is guilty
9of a Class A misdemeanor. Each violation shall constitute a
10separate and distinct offense.
11    In addition to initiating criminal proceedings, the
12Department, through the Attorney General, may seek enforcement
13of any such subpoena by any circuit court of this State.
14(Source: P.A. 99-227, eff. 8-3-15.)
15    (20 ILCS 2105/2105-131)
16    Sec. 2105-131. Applicants with criminal convictions;
17notice of denial.
18    (a) For the purposes of this Section, "mitigating factors"
19means any information, evidence, conduct, or circumstances
20before, during, or after the offense or offenses reviewed by
21the Department that may reflect favorably on an applicant's
22request for licensure, registration, or certification through
23the Department, such as 3 years having passed since release
24from confinement. [Mitigating factors are not a bar to ]
25[licensure, instead they provide guidance for the Department ]
		SB3666	- 5 -	LRB104 17957 AAS 31394 b
1[when considering licensure, registration, or certification for ]
2[an applicant with criminal history.]
3    Except as provided in Section 2105-165 of this Act
4regarding licensing restrictions based on enumerated offenses
5for health care workers as defined in the Health Care Worker
6Self-Referral Act and except as provided in any licensing Act
7administered by the Department in which convictions of certain
8enumerated offenses are a bar to licensure, the Department,
9upon a finding that an applicant for a license, certificate,
10or registration was previously convicted of a felony or
11misdemeanor that may be grounds for refusing to issue a
12license or certificate or to grant a registration, shall
13consider [any mitigating factors and evidence of rehabilitation ]
14[contained in the applicant's record, including the ]
15[circumstances surrounding the offense or offenses and any of]
16the following[,] to determine whether a prior conviction will
17impair the ability of the applicant to engage in the practice
18for which a license, certificate, or registration is sought:
19        (1) the [lack of] direct relationship [relation] of the
20    offense for which the applicant was previously convicted
21    to the duties, functions, and responsibilities of the
22    position for which a license is sought, whether the 
23    license sought offers the opportunity for the same offense 
24    or a similar offense to occur, and whether the 
25    circumstances leading to the conduct for which the person 
26    was convicted may reoccur in the profession sought;
		SB3666	- 6 -	LRB104 17957 AAS 31394 b
1        (2) any mitigating factors, [from the point of arrest ]
2    [or indictment when determined to be appropriate, unless ]
3    [otherwise specified and] including, but not limited to,
4    evidence of rehabilitation, the circumstances surrounding 
5    the offense, the number of prior convictions that appear 
6    on the conviction record, the length of time since the 
7    last conviction, and whether 5 years since a felony
8    conviction or 3 years since release from confinement for
9    the conviction, whichever is later, have passed without a
10    subsequent conviction;
11        (3) if the applicant was previously licensed or
12    employed in this State or other states or jurisdictions,
13    the lack of prior misconduct arising from or related to
14    the licensed position or position of employment;
15        (4) the age of the person at the time of the [criminal]
16    offense for which the applicant was previously convicted 
17    and the facts and circumstances surrounding that offense 
18    and subsequent conviction;
19        (4.5) the nature and severity of the prior conviction 
20    and the relationship of the prior conviction to the safety 
21    and security of others [if, due to the applicant's criminal ]
22    [conviction history, the applicant would be explicitly ]
23    [prohibited by federal rules or regulations from working in ]
24    [the position for which a license is sought];
25        (5) successful completion of sentence and, for
26    applicants serving a term of parole or probation, a
		SB3666	- 7 -	LRB104 17957 AAS 31394 b
1    progress report provided by the applicant's probation or
2    parole officer that documents the applicant's compliance
3    with conditions of supervision;
4        (6) evidence of the applicant's [present fitness and]
5    professional record, including the applicant's employment 
6    history [character];
7        (7) evidence of rehabilitation or rehabilitative
8    effort during or after incarceration, or during or after a
9    term of supervision, including, but not limited to, a
10    certificate of good conduct under Section 5-5.5-25 of the
11    Unified Code of Corrections or certificate of relief from
12    disabilities under Section 5-5.5-10 of the Unified Code of
13    Corrections; and
14        (8) any other [mitigating] factors that contribute to
15    the person's potential and current ability to perform the
16    job duties.
17    (b) If the Department refuses to issue a license or
18certificate or grant registration to an applicant based upon a
19conviction or convictions, in whole or in part, the Department
20shall notify the applicant of the denial in writing with the
21following included in the notice of denial:
22        (1) a statement about the decision to refuse to grant
23    a license, certificate, or registration, including an
24    explanation of how the conviction directly relates to and
25    would prevent the person from effectively engaging in the
26    position for which a license, registration, or certificate
		SB3666	- 8 -	LRB104 17957 AAS 31394 b
1    is sought;
2        (2) a list of convictions that the Department
3    determined will impair the applicant's ability to engage
4    in the position for which a license, registration, or
5    certificate is sought;
6        (3) a list of convictions that formed the sole or
7    partial basis for the refusal to issue a license or
8    certificate or grant registration; and
9        (4) a summary of the appeal process or the earliest
10    the applicant may reapply for a license, certificate, or
11    registration, whichever is applicable.
12    (c) The Department shall post on its website a list of all
13State licensing restrictions that would prohibit an applicant
14from working in a position for which a license is sought.
15(Source: P.A. 101-388, eff. 1-1-20; 102-105, eff. 1-1-22.)
16    (20 ILCS 2105/2105-135)
17    Sec. 2105-135. Qualification for licensure or
18registration; [good moral character;] applicant conviction
19records.
20    (a) The practice of professions licensed or registered by
21the Department is hereby declared to affect the public health,
22safety, and welfare and to be subject to regulation and
23control in the public interest. It is further declared to be a
24matter of public interest and concern that persons who are
25licensed or registered to engage in any of the professions
		SB3666	- 9 -	LRB104 17957 AAS 31394 b
1licensed or registered by the Department perform the functions 
2of those professions in a manner that does not harm or threaten 
3harm to members of the public [are of good moral character],
4which shall be a continuing requirement of licensure or
5registration so as to merit and receive the confidence and
6trust of the public. Upon a finding by the Department that a
7person has committed a violation of the disciplinary grounds
8of any licensing Act administered by the Department with
9regard to licenses, certificates, or authorities of persons
10exercising the respective professions, trades, or occupations,
11the Department, in addition to any remedy authorized under the 
12licensing Act, is authorized to revoke, suspend, refuse to
13renew, place on probationary status, fine, or take any other
14disciplinary or nondisciplinary action it deems warranted
15against any licensee or registrant whose conduct harms or 
16threatens harm to members of the public, as long as the 
17Department has considered the factors set forth in subsection 
18(a) of Section 2105-131 of this Act [violates the continuing ]
19[requirement of good moral character].
20    (b) No application for licensure or registration shall be
21denied [by reason of a finding of lack of good moral character ]
22[when the finding is] based solely upon the fact that the
23applicant has previously been convicted of one or more
24criminal offenses. When reviewing a prior conviction of an
25initial applicant [for the purpose of determining good moral ]
26[character], the Department shall consider the factors [evidence ]
		SB3666	- 10 -	LRB104 17957 AAS 31394 b
1[of rehabilitation and mitigating factors in the applicant's ]
2[record, including those] set forth in subsection (a) of Section
32105-131 of this Act. A denial based on a finding of an 
4applicant's lack of good moral character related to a prior 
5conviction shall only be permitted when required by the 
6relevant professional Act and after the Department has 
7considered the factors set forth in subsection (a) of Section 
82105-131 of this Act.
9    (c) The Department shall not require applicants to report
10the following information and shall not consider the following
11criminal history records in connection with an application for
12licensure or registration:
13        (1) juvenile adjudications of delinquent minors as
14    defined in Section 5-105 of the Juvenile Court Act of 1987
15    subject to the restrictions set forth in Section 5-130 of
16    that Act;
17        (2) law enforcement records, court records, and
18    conviction records of an individual who was 17 years old
19    at the time of the offense and before January 1, 2014,
20    unless the nature of the offense required the individual
21    to be tried as an adult;
22        (3) records of arrest not followed by a charge or
23    conviction;
24        (4) records of arrest where the charges were
25    dismissed; [unless related to the practice of the ]
26    [profession; however,] applicants shall not be asked to
		SB3666	- 11 -	LRB104 17957 AAS 31394 b
1    report any arrests, and an arrest not followed by a
2    conviction, if disclosed, shall not be the basis of a
3    denial and may be used only to assess an applicant's
4    rehabilitation;
5        (5) convictions overturned by a higher court; or
6        (6) convictions or arrests that have been sealed or
7    expunged.
8(Source: P.A. 100-286, eff. 1-1-18.)
9    (20 ILCS 2105/2105-165)
10    Sec. 2105-165. Health care worker licensure actions; sex
11crimes.
12    (a) When a licensed health care worker, as defined in the
13Health Care Worker Self-Referral Act, (1) has been convicted
14of a criminal act that requires registration under the Sex
15Offender Registration Act; (1.5) has been convicted of
16involuntary sexual servitude of a minor under subsection (c)
17of Section 10-9 or subsection (b) of Section 10A-10 of the
18Criminal Code of 1961 or the Criminal Code of 2012; (2) has
19been convicted of a criminal battery against any patient in
20the course of patient care or treatment, including any offense
21based on sexual conduct or sexual penetration; (3) has been
22convicted of a forcible felony; or (4) is required as a part of
23a criminal sentence to register under the Sex Offender
24Registration Act, then, notwithstanding any other provision of
25law to the contrary, except as provided in this Section, the
		SB3666	- 12 -	LRB104 17957 AAS 31394 b
1license of the health care worker shall by operation of law be
2permanently revoked without a hearing.
3    (a-1) If a licensed health care worker has been convicted
4of a forcible felony, other than a forcible felony requiring
5registration under the Sex Offender Registration Act,
6involuntary sexual servitude of a minor that is a forcible
7felony, or a criminal battery against any patient in the
8course of patient care or treatment, is not required to
9register as a sex offender, and has had his or her license
10revoked pursuant to item (3) of subsection (a) of this
11Section, then the health care worker may petition the
12Department to restore his or her license if more than 5 years
13have passed since the conviction or more than 3 years have
14passed since the health care worker's release from confinement
15for that conviction, whichever is later. In determining
16whether a license shall be restored, the Department shall
17consider, but is not limited to, the following factors:
18        (1) the seriousness of the offense;
19        (2) the presence of multiple offenses;
20        (3) prior disciplinary history, including, but not
21    limited to, actions taken by other agencies in this State
22    or by other states or jurisdictions, hospitals, health
23    care facilities, residency programs, employers, insurance
24    providers, or any of the armed forces of the United States
25    or any state;
26        (4) the impact of the offense on any injured party;
		SB3666	- 13 -	LRB104 17957 AAS 31394 b
1        (5) the vulnerability of any injured party, including,
2    but not limited to, consideration of the injured party's
3    age, disability, or mental illness;
4        (6) the motive for the offense;
5        (7) the lack of contrition for the offense;
6        (8) the lack of cooperation with the Department or
7    other investigative authorities;
8        (9) the lack of prior disciplinary action, including,
9    but not limited to, action by the Department or by other
10    agencies in this State or by other states or
11    jurisdictions, hospitals, health care facilities,
12    residency programs, employers, insurance providers, or any
13    of the armed forces of the United States or any state;
14        (10) contrition for the offense;
15        (11) cooperation with the Department or other
16    investigative authorities;
17        (12) restitution to injured parties;
18        (13) whether the misconduct was self-reported;
19        (14) any voluntary remedial actions taken or other
20    evidence of rehabilitation; and
21        (15) the date of conviction.
22    (b) No person who has been convicted of any offense listed
23in subsection (a) or required to register as a sex offender may
24receive a license as a health care worker in Illinois. The
25process for petition and review by the Department provided in
26subsection (a-1) shall also apply to a person whose
		SB3666	- 14 -	LRB104 17957 AAS 31394 b
1application for licensure is denied pursuant to item (3) of
2subsection (a) of this Section for a conviction of a forcible
3felony, other than a forcible felony requiring registration
4under the Sex Offender Registration Act, involuntary sexual
5servitude of a minor that is a forcible felony, or a criminal
6battery against any patient in the course of patient care or
7treatment, who is not required to register as a sex offender.
8    (c) Immediately after a licensed health care worker, as
9defined in the Health Care Worker Self-Referral Act, has been
10charged with any offense for which the sentence includes
11registration as a sex offender; involuntary sexual servitude
12of a minor; a criminal battery against a patient, including
13any offense based on sexual conduct or sexual penetration, in
14the course of patient care or treatment; or a forcible felony;
15then the prosecuting attorney shall provide notice to the
16Department of the health care worker's name, address, practice
17address, and license number and the patient's name and a copy
18of the criminal charges filed. Within 5 business days after
19receiving notice from the prosecuting attorney of the filing
20of criminal charges against the health care worker, the
21Secretary shall issue an administrative order that the health
22care worker shall immediately practice only with a chaperone
23during all patient encounters pending the outcome of the
24criminal proceedings. The chaperone must be a licensed health
25care worker. The chaperone shall provide written notice to all
26of the health care worker's patients explaining the
		SB3666	- 15 -	LRB104 17957 AAS 31394 b
1Department's order to use a chaperone. Each patient shall sign
2an acknowledgement that they received the notice. The notice
3to the patient of criminal charges shall include, in 14-point
4font, the following statement: "The health care worker is
5presumed innocent until proven guilty of the charges.". The
6licensed health care worker shall provide a written plan of
7compliance with the administrative order that is acceptable to
8the Department within 5 days after service [receipt] of the
9administrative order. Failure to comply with the
10administrative order, failure to file a compliance plan, or
11failure to follow the compliance plan shall subject the health
12care worker to temporary suspension of his or her professional
13license until the completion of the criminal proceedings.
14    (d) Nothing contained in this Section shall act in any way
15to waive or modify the confidentiality of information provided
16by the prosecuting attorney to the extent provided by law. Any
17information reported or disclosed shall be kept for the
18confidential use of the Secretary, Department attorneys, the
19investigative staff, and authorized clerical staff and shall
20be afforded the same status as is provided information under
21Part 21 of Article VIII of the Code of Civil Procedure, except
22that the Department may disclose information and documents to
23(1) a federal, State, or local law enforcement agency pursuant
24to a subpoena in an ongoing criminal investigation or (2) an
25appropriate licensing authority of another state or
26jurisdiction pursuant to an official request made by that
		SB3666	- 16 -	LRB104 17957 AAS 31394 b
1authority. Any information and documents disclosed to a
2federal, State, or local law enforcement agency may be used by
3that agency only for the investigation and prosecution of a
4criminal offense. Any information or documents disclosed by
5the Department to a professional licensing authority of
6another state or jurisdiction may only be used by that
7authority for investigations and disciplinary proceedings with
8regards to a professional license.
9    (e) Any licensee whose license was revoked or who received
10an administrative order under this Section shall have the
11revocation or administrative order vacated and completely
12removed from the licensee's records and public view and the
13revocation or administrative order shall be afforded the same
14status as is provided information under Part 21 of Article
15VIII of the Code of Civil Procedure if (1) the charges upon
16which the revocation or administrative order is based are
17dropped; (2) the licensee is not convicted of the charges upon
18which the revocation or administrative order is based; or (3)
19any conviction for charges upon which the revocation or
20administrative order was based have been vacated, overturned,
21or reversed.
22    (f) Nothing contained in this Section shall prohibit the
23Department from initiating or maintaining a disciplinary
24action against a licensee independent from any criminal
25charges, conviction, or sex offender registration.
26    (g) The Department may adopt rules necessary to implement
		SB3666	- 17 -	LRB104 17957 AAS 31394 b
1this Section.
2    (h) For the purposes of this Section, "conviction" 
3includes a plea of guilty, a plea of nolo contendere, a finding 
4of guilt, a jury verdict, and an entry of judgment or 
5sentencing, including, but not limited to, preceding sentences 
6of supervision, conditional discharge, or first offender 
7probation.
8(Source: P.A. 99-886, eff. 1-1-17; 100-262, eff. 8-22-17.)
9    (20 ILCS 2105/2105-170)
10    Sec. 2105-170. Health care workers; automatic suspension
11of license or registration. A health care worker, as defined
12by the Health Care Worker Self-Referral Act or as set forth by 
13rule, licensed or registered by the Department shall be
14automatically and indefinitely suspended if the licensee has
15either been convicted of or has entered a plea of guilty or
16nolo contendere in a criminal prosecution to a criminal health
17care fraud offense or a criminal insurance fraud offense
18requiring intent under the laws of the State, the laws of any
19other state, or the laws of the United States of America,
20including, but not limited to, criminal Medicare or Medicaid
21fraud. A certified copy of the conviction or judgment shall be
22the basis for the suspension. If, after the issuance of the 
23Department's order to suspend, a licensee requests a hearing,
24then the sole purpose of the hearing shall be limited to the
25length of the suspension of the licensee's license, as the
		SB3666	- 18 -	LRB104 17957 AAS 31394 b
1conviction or judgment is a matter of record and may not be
2challenged.
3(Source: P.A. 99-211, eff. 1-1-16; 100-262, eff. 8-22-17.)
4    (20 ILCS 2105/2105-205)  (was 20 ILCS 2105/60.3)
5    Sec. 2105-205. Publication of disciplinary actions; annual
6report.
7    (a) The Department shall publish on its website, at least
8monthly, final disciplinary actions taken by the Department
9against a licensee or applicant pursuant to any licensing Act
10administered by the Department. The specific disciplinary
11action and the name of the applicant or licensee shall be
12listed.
13    (b) No later than May 1 of each year, the Department must
14prepare, publicly announce, and publish a report of summary
15statistical information relating to new license,
16certification, or registration applications during the
17preceding calendar year. Each report shall show at minimum:
18        (1) the number of applicants for each new license,
19    certificate, or registration administered by the
20    Department in the previous calendar year;
21        (2) the number of applicants for a new license,
22    certificate, or registration within the previous calendar
23    year who had any criminal conviction;
24        (3) the number of applicants for a new license,
25    certificate, or registration in the previous calendar year
		SB3666	- 19 -	LRB104 17957 AAS 31394 b
1    who were granted a license, registration, or certificate;
2        (4) the number of applicants for a new license,
3    certificate, or registration within the previous calendar
4    year with a criminal conviction who were granted a
5    license, certificate, or registration in the previous
6    calendar year;
7        (5) the number of applicants for a new license,
8    certificate, or registration in the previous calendar year
9    who were denied a license, registration, or certificate;
10        (6) the number of applicants for new license,
11    certificate, or registration in the previous calendar year
12    with a criminal conviction who were denied a license,
13    certificate, or registration in part or in whole because
14    of such conviction, including the types of criminal
15    convictions;
16        (7) the number of licenses issued on probation within
17    the previous calendar year to applicants with a criminal
18    conviction; and
19        (8) the number of licensees or certificate holders
20    whose records [who were granted expungement for a record] of
21    discipline with the Department were sealed based on a
22    conviction predating licensure, certification, or
23    registration [or a criminal charge, arrest,] or a conviction
24    that was dismissed, sealed, or expunged or did not arise
25    from the regulated activity, as a share of the total such
26    [expungement] requests to seal.
		SB3666	- 20 -	LRB104 17957 AAS 31394 b
1(Source: P.A. 102-105, eff. 1-1-22.)
2    (20 ILCS 2105/2105-207)
3    Sec. 2105-207. Records of Department actions; sealing of 
4disciplinary records.
5    (a) Any licensee subject to a licensing Act administered
6by the Department and who has been subject to disciplinary
7action by the Department may file an application with the
8Department on forms provided by the Department, along with the
9required fee of $175, to have the records classified as
10confidential, not for public release, and considered sealed
11[expunged] for reporting purposes if:
12        (1) the application is submitted more than 3 years
13    after the disciplinary offense or offenses occurred or
14    after restoration of the license, whichever is later;
15        (2) the licensee has had no incidents of discipline
16    under the licensing Act since the disciplinary offense or
17    offenses identified in the application occurred;
18        (3) the Department has no pending investigations
19    against the licensee; and
20        (4) the licensee is not currently in a disciplinary
21    status.
22    (b) An application to make disciplinary records
23confidential shall only be considered by the Department for an
24offense or action relating to:
25        (1) failure to pay taxes;
		SB3666	- 21 -	LRB104 17957 AAS 31394 b
1        (2) continuing education;
2        (3) failure to renew a license on time;
3        (4) failure to obtain or renew a certificate of
4    registration or ancillary license;
5        (5) advertising;
6        (5.1) discipline based on criminal charges or
7    convictions:
8            (A) that did not arise from the licensed activity
9        and was unrelated to the licensed activity; or
10            (B) that were dismissed or for which records have
11        been sealed or expunged;
12        (5.2) past probationary status of a license issued to
13    new applicants on the sole or partial basis of prior
14    convictions;
15        (6) any grounds for discipline removed from the
16    licensing Act;
17        (7) failure to comply with workers' compensation
18    requirements; or
19        (8) reprimand of a licensee.
20    (c) An application shall be submitted to and considered by
21the Director upon submission of an application and the
22required non-refundable fee. The Department may establish
23additional requirements by rule. [The Department is not ]
24[required to report the removal of any disciplinary record to ]
25[any national database. Nothing in this Section shall prohibit ]
26[the Department from using a previous discipline for any ]
		SB3666	- 22 -	LRB104 17957 AAS 31394 b
1[regulatory purpose or from releasing records of a previous ]
2[discipline upon request from law enforcement, or other ]
3[governmental body as permitted by law. Classification of ]
4[records as confidential shall result in removal of records of ]
5[discipline from records kept pursuant to Sections 2105-200 and ]
6[2105-205 of this Act.]
7    (d) Any applicant for licensure or a licensee whose
8petition for review is granted by the Department pursuant to
9subsection (a-1) of Section 2105-165 of this Law may file an
10application with the Department on forms provided by the
11Department to have records relating to his or her permanent
12denial or permanent revocation classified as confidential and
13not for public release and considered sealed [expunged] for
14reporting purposes in the same manner and under the same terms
15as is provided in this Section for the offenses listed in
16subsection (b) of this Section, except that the requirements
17of a 3-year waiting period and the $175 application fee do not
18apply.
19    (e) Notwithstanding any other provisions of this Section, 
20and unless otherwise required by law, the Department shall 
21classify disciplinary records as confidential and remove final 
22disciplinary actions from public record without application 
23when:
24        (1) 10 years prior or more, a final disciplinary order 
25    was entered against the applicant or upon restoration of 
26    the license after the order, whichever date is later;
		SB3666	- 23 -	LRB104 17957 AAS 31394 b
1        (2) the licensee is not in disciplinary or 
2    probationary status, and there is no pending investigation 
3    against the licensee; and
4        (3) there have been no other incidents of discipline 
5    under any licensing Act regulated by the Department since 
6    the public discipline subject to review was entered or the 
7    license was restored.
8    The disciplinary offense or offenses that qualify under 
9this subsection (e) do not include:
10        (A) convictions for health care workers as enumerated 
11    in Section 2105-165 unless a petition for review was 
12    granted pursuant to subsection (a-1) of Section 2105-165;
13        (B) forcible felony convictions as listed by the 
14    Criminal Code of 2012 or an equivalent law in any other 
15    jurisdiction, including under federal law;
16        (C) criminal acts that require registration under the 
17    Sex Offender Registration Act or sexual misconduct that is 
18    a violation of the Department's professional Acts;
19        (D) convictions for massage therapists specified in 
20    subsections (c) and (c-5) of Section 45 of the Massage 
21    Therapy Practice Act; or
22        (E) felony convictions related to fraudulent activity, 
23    including, but not limited to, forgery, embezzlement, 
24    falsifying documentation, and defrauding the government.
25    If a disciplinary order consists of any of the convictions 
26that do not qualify under this subsection (e), even in part, 
		SB3666	- 24 -	LRB104 17957 AAS 31394 b
1the disciplinary action shall not qualify for sealing under 
2this subsection (e). The Department shall have up to 3 years 
3after the effective date of this amendatory Act of the 104th 
4General Assembly to fully implement the process of sealing 
5records as provided in this subsection (e), subject to 
6appropriation for the costs of programming and personnel 
7required for the Department's implementation and the 
8expenditure of Department resources.
9    (f) The Department may adopt additional requirements by 
10rule. The Department is not required to report the removal of 
11any disciplinary record from public record to any national 
12database. Nothing in this Section shall prohibit the 
13Department from using a previous discipline for any regulatory 
14purpose, such as a factor in aggravation, in any future 
15disciplinary proceeding. The Department shall not be 
16prohibited from releasing records of a previous discipline 
17upon request by law enforcement or other governmental bodies 
18as permitted by law. Classification of records as confidential 
19shall result in removal of records of discipline from records 
20kept pursuant to Sections 2105-200 and 2105-205 of this Act.
21(Source: P.A. 103-26, eff. 1-1-24.)
22    Section 10. The Barber, Cosmetology, Esthetics, Hair
23Braiding, and Nail Technology Act of 1985 is amended by
24changing Section 1-7 as follows:
		SB3666	- 25 -	LRB104 17957 AAS 31394 b
1    (225 ILCS 410/1-7)  (from Ch. 111, par. 1701-7)
2    (Section scheduled to be repealed on January 1, 2031)
3    Sec. 1-7. Licensure required; renewal; restoration.
4    (a) It is unlawful for any person to practice, or to hold
5oneself out to be a cosmetologist, esthetician, nail
6technician, hair braider, or barber without a license as a
7cosmetologist, esthetician, nail technician, hair braider or
8barber issued by the Department pursuant to the provisions of
9this Act and of the Civil Administrative Code of Illinois. It
10is also unlawful for any person, firm, partnership, limited
11liability company, professional limited liability company,
12corporation, or professional service corporation to own,
13operate, or conduct a cosmetology, esthetics, nail technology,
14hair braiding, or barber school without a license issued by
15the Department or to own or operate a cosmetology, esthetics,
16nail technology, or hair braiding salon, barber shop, or other
17business subject to the registration requirements of this Act
18without a certificate of registration issued by the Department
19or to present continuing education courses or programs to
20cosmetologists, estheticians, nail technicians, hair braiders,
21or teachers of these professions without a license issued by
22the Department. It is further unlawful for any person to teach
23in any cosmetology, esthetics, nail technology, hair braiding,
24or barber college or school licensed by the Department or hold
25himself or herself out as a cosmetology, esthetics, hair
26braiding, nail technology, or barber teacher without a license
		SB3666	- 26 -	LRB104 17957 AAS 31394 b
1as a teacher, issued by the Department or as a cosmetology
2clinic teacher without a license as a cosmetology clinic
3teacher issued by the Department.
4    (b) Notwithstanding any other provision of this Act, a
5person licensed as a cosmetologist may hold oneself out as an
6esthetician and may engage in the practice of esthetics, as
7defined in this Act, without being licensed as an esthetician.
8A person licensed as a cosmetology teacher may teach esthetics
9or hold oneself out as an esthetics teacher without being
10licensed as an esthetics teacher. A person licensed as a
11cosmetologist may hold oneself out as a nail technician and
12may engage in the practice of nail technology, as defined in
13this Act, without being licensed as a nail technician. A
14person licensed as a cosmetology teacher may teach nail
15technology and hold oneself out as a nail technology teacher
16without being licensed as a nail technology teacher. A person
17licensed as a cosmetologist may hold oneself out as a hair
18braider and may engage in the practice of hair braiding, as
19defined in this Act, without being licensed as a hair braider.
20A person licensed as a cosmetology teacher may teach hair
21braiding and hold oneself out as a hair braiding teacher
22without being licensed as a hair braiding teacher.
23    (c) A person licensed as a barber teacher may hold oneself
24out as a barber and may practice barbering without a license as
25a barber. A person licensed as a cosmetology teacher may hold
26oneself out as a cosmetologist, esthetician, hair braider, and
		SB3666	- 27 -	LRB104 17957 AAS 31394 b
1nail technologist and may practice cosmetology, esthetics,
2hair braiding, and nail technology without a license as a
3cosmetologist, esthetician, hair braider, or nail
4technologist. A person licensed as an esthetics teacher may
5hold oneself out as an esthetician without being licensed as
6an esthetician and may practice esthetics. A person licensed
7as a nail technician teacher may practice nail technology and
8may hold oneself out as a nail technologist without being
9licensed as a nail technologist. A person licensed as a hair
10braiding teacher may practice hair braiding and may hold
11oneself out as a hair braider without being licensed as a hair
12braider.
13    (c-5) A person with an active license as a cosmetologist
14may obtain or restore an additional license as an esthetician,
15nail technician, or hair braider without having to complete
16the additional licensure requirements for each profession,
17other than payment of the fee, by filing an application
18provided by the Department for each additional license. A
19person with an active license as a cosmetology teacher may
20obtain or restore an additional license as an esthetics
21teacher, nail technology teacher, or hair braider teacher
22without having to complete the additional licensure
23requirements for each profession, other than payment of the
24fee, by filing an application provided by the Department for
25each additional license. A person with an active license as a
26cosmetology teacher may obtain or restore an additional
		SB3666	- 28 -	LRB104 17957 AAS 31394 b
1license as a cosmetologist, esthetician, nail technician, or
2hair braider without having to complete the additional
3licensure requirements for each profession, other than payment
4of the fee, by filing an application provided by the
5Department for each additional license. A person with an
6active license as a barber teacher may also obtain or restore a
7barber license without having to complete the additional
8licensure requirements, other than payment of the fee, by
9filing an application provided by the Department. A person
10with an active license as an esthetics teacher may also obtain
11or restore an esthetician license without having to complete
12the additional licensure requirements, other than payment of
13the fee, by filing an application provided by the Department.
14A person with an active license as a nail technology teacher
15may also obtain or restore a nail technician license without
16having to complete the additional licensure requirements,
17other than payment of the fee, by filing an application
18provided by the Department. A person with an active license as
19a hair braiding teacher may also obtain or restore a hair
20braider license without having to complete the additional
21licensure requirements, other than payment of the fee, filing
22an application provided by the Department. The Department may
23provide for other requirements for obtaining or restoring
24additional licenses by rule.
25    (d) The holder of a license issued under this Act may renew
26that license during the month preceding the expiration date of
		SB3666	- 29 -	LRB104 17957 AAS 31394 b
1the license by paying the required fee.
2    (e) The expiration date, renewal period, and conditions
3for renewal and restoration of each license shall be
4established by rule.
5    (f) A license issued under the provisions of this Act as a
6barber, barber teacher, cosmetologist, cosmetology teacher,
7cosmetology clinic teacher, esthetician, esthetics teacher,
8nail technician, nail technician teacher, hair braider, or
9hair braiding teacher that has expired while the holder of the
10license was engaged (1) in federal service on active duty with
11the Army, Navy, Marine Corps, Air Force, Space Force, or Coast
12Guard of the United States of America, or any Women's
13Auxiliary thereof, or the State Militia called into the
14service or training of the United States of America or (2) in
15training or education under the supervision of the United
16States preliminary to induction into the military service, may
17be reinstated or restored without payment of any lapsed
18renewal fees, reinstatement fee, or restoration fee if within
192 years after the termination of such service, training, or
20education other than by dishonorable discharge, the holder
21furnishes the Department with an affidavit to the effect that
22the holder has been so engaged and that the holder's service,
23training, or education has been so terminated.
24    (g) For the purposes of this subsection (g), "person who 
25is incarcerated" means a person who is committed to the 
26Department of Corrections, a Federal Bureau of Prisons 
		SB3666	- 30 -	LRB104 17957 AAS 31394 b
1facility, a county jail, a county department of corrections, 
2or another jurisdiction's correctional facility.
3    An application shall not be automatically placed on hold, 
4delayed, denied, or otherwise not processed by the Department 
5because it was submitted by a person who is incarcerated. The 
6Department shall process applications for the original 
7licensure or restoration of the license of a person who is 
8incarcerated without any additional requirements or delays, 
9and the Department shall issue original licenses or restore 
10the licenses of persons who are incarcerated who have 
11submitted an application and who otherwise qualify for 
12licensure. The Secretary shall waive the 3-year time 
13limitations under subsections (c) and (d) of Section 4-5 for a 
14person who was incarcerated at the time of the application.
15(Source: P.A. 103-746, eff. 1-1-25; 104-153, eff. 1-1-26.)
16    Section 15. The Health Care Professional Credentials Data
17Collection Act is amended by changing Section 51 as follows:
18    (410 ILCS 517/51)
19    Sec. 51. Licensure records. Licensure records designated
20confidential and considered sealed [expunged] for reporting
21purposes by the licensee under Section 2105-207 of the Civil
22Administrative Code of Illinois are not reportable under this
23Act.
24(Source: P.A. 98-816, eff. 8-1-14; 99-78, eff. 7-20-15.)
		SB3666	- 31 -	LRB104 17957 AAS 31394 b
1    Section 20. The Unified Code of Corrections is amended by
2changing Sections 5-5-5 and 5-5.5-25 as follows:
3    (730 ILCS 5/5-5-5)  (from Ch. 38, par. 1005-5-5)
4    Sec. 5-5-5. Loss and restoration of rights.
5    (a) Conviction and disposition shall not entail the loss
6by the defendant of any civil rights, except under this
7Section and Sections 29-6 and 29-10 of The Election Code, as
8now or hereafter amended.
9    (b) A person convicted of a felony shall be ineligible to
10hold an office created by the Constitution of this State until
11the completion of his sentence.
12    (b-5) Notwithstanding any other provision of law, a person
13convicted of a felony, bribery, perjury, or other infamous
14crime for an offense committed on or after the effective date
15of this amendatory Act of the 103rd General Assembly and
16committed while he or she was serving as a public official in
17this State is ineligible to hold any local public office or any
18office created by the Constitution of this State unless the
19person's conviction is reversed, the person is again restored
20to such rights by the terms of a pardon for the offense, the
21person has received a restoration of rights by the Governor,
22or the person's rights are otherwise restored by law.
23    (c) A person sentenced to imprisonment shall lose his
24right to vote until released from imprisonment.
		SB3666	- 32 -	LRB104 17957 AAS 31394 b
1    (d) (Blank). [On completion of sentence of imprisonment or ]
2[upon discharge from probation, conditional discharge or ]
3[periodic imprisonment, or at any time thereafter, all license ]
4[rights and privileges granted under the authority of this ]
5[State which have been revoked or suspended because of ]
6[conviction of an offense shall be restored unless the ]
7[authority having jurisdiction of such license rights finds ]
8[after investigation and hearing that restoration is not in the ]
9[public interest. This paragraph (d) shall not apply to the ]
10[suspension or revocation of a license to operate a motor ]
11[vehicle under the Illinois Vehicle Code.]
12    (e) Upon a person's discharge from incarceration or
13parole, or upon a person's discharge from probation or at any
14time thereafter, the committing court may enter an order
15certifying that the sentence has been satisfactorily completed
16when the court believes it would assist in the rehabilitation
17of the person and be consistent with the public welfare. Such
18order may be entered upon the motion of the defendant or the
19State or upon the court's own motion.
20    (f) Upon entry of the order, the court shall issue to the
21person in whose favor the order has been entered a certificate
22stating that his behavior after conviction has warranted the
23issuance of the order.
24    (g) This Section shall not affect the right of a defendant
25to collaterally attack his conviction or to rely on it in bar
26of subsequent proceedings for the same offense.
		SB3666	- 33 -	LRB104 17957 AAS 31394 b
1    (h) No application for any license specified in subsection
2(i) of this Section granted under the authority of this State
3shall be denied to [denied by reason of] an eligible offender who
4has obtained a certificate of relief from disabilities, as
5defined in Article 5.5 of this Chapter, having been previously
6convicted of one or more criminal offenses, [or by reason of a ]
7[finding of lack of "good moral character"] when the finding is
8solely based upon the fact that the applicant has previously
9been convicted of one or more criminal offenses, unless:
10        (1) there is a direct relationship between one or more
11    of the previous criminal offenses and the specific license
12    sought; [or]
13        (2) the issuance of the license would involve an
14    unreasonable risk to public safety and to the practice of 
15    the applicable profession; and [property or to the safety ]
16    [or welfare of specific individuals or the general public.]
17        (3) the applicant meets any other limitations or 
18    factors detailed in the applicable professional Act.
19    In making such a determination, the licensing agency, in 
20addition to its own requirements, may [shall] consider the
21following factors:
22        (1) the public policy of this State, as expressed in
23    Article 5.5 of this Chapter, to encourage the licensure
24    and employment of persons previously convicted of one or
25    more criminal offenses;
26        (2) the specific duties and responsibilities
		SB3666	- 34 -	LRB104 17957 AAS 31394 b
1    necessarily related to the license being sought;
2        (3) the bearing, if any, the criminal offenses or
3    offenses for which the person was previously convicted
4    will have on his or her fitness or ability to perform one
5    or more such duties and responsibilities;
6        (4) the time which has elapsed since the occurrence of
7    the criminal offense or offenses;
8        (5) the age of the person at the time of occurrence of
9    the criminal offense or offenses;
10        (6) the seriousness of the offense or offenses;
11        (7) any information produced by the person or produced
12    on his or her behalf in regard to his or her rehabilitation
13    and good conduct, including a certificate of relief from
14    disabilities issued to the applicant, which certificate
15    shall create a presumption of rehabilitation in regard to
16    the offense or offenses specified in the certificate; and
17        (8) the legitimate interest of the licensing agency in
18    protecting property, and the safety and welfare of
19    specific individuals or the general public.
20    (i) A certificate of relief from disabilities shall be
21issued [only] for a license or certification issued under the
22following Acts, as well as all professional Acts regulated by 
23the Division of Professional Regulation and the Division of 
24Real Estate of the Department of Financial and Professional 
25Regulation:
26        (1) the Animal Welfare Act; except that a certificate
		SB3666	- 35 -	LRB104 17957 AAS 31394 b
1    of relief from disabilities may not be granted to provide
2    for the issuance or restoration of a license under the
3    Animal Welfare Act for any person convicted of violating
4    Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
5    Care for Animals Act or Section 26-5 or 48-1 of the
6    Criminal Code of 1961 or the Criminal Code of 2012;
7        (2) the Illinois Athletic Trainers Practice Act;
8        (3) the Barber, Cosmetology, Esthetics, Hair Braiding,
9    and Nail Technology Act of 1985;
10        (4) the Boiler and Pressure Vessel Repairer Regulation
11    Act;
12        (5) the Boxing and Full-contact Martial Arts Act;
13        (6) the Illinois Certified Shorthand Reporters Act of
14    1984;
15        (7) the Illinois Farm Labor Contractor Certification
16    Act;
17        (8) the Registered Interior Designers Act;
18        (9) the Illinois Professional Land Surveyor Act of
19    1989;
20        (10) the Landscape Architecture Registration Act;
21        (11) the Marriage and Family Therapy Licensing Act;
22        (12) the Private Employment Agency Act;
23        (13) the Professional Counselor and Clinical
24    Professional Counselor Licensing and Practice Act;
25        (14) the Real Estate License Act of 2000;
26        (15) the Illinois Roofing Industry Licensing Act;
		SB3666	- 36 -	LRB104 17957 AAS 31394 b
1        (16) the Professional Engineering Practice Act of
2    1989;
3        (17) the Water Well and Pump Installation Contractor's
4    License Act;
5        (18) the Electrologist Licensing Act;
6        (19) the Auction License Act;
7        (20) the Illinois Architecture Practice Act of 1989;
8        (21) the Dietitian Nutritionist Practice Act;
9        (22) the Environmental Health Practitioner Licensing
10    Act;
11        (23) the Funeral Directors and Embalmers Licensing
12    Code;
13        (24) (blank);
14        (25) the Professional Geologist Licensing Act;
15        (26) the Illinois Public Accounting Act; and
16        (27) the Structural Engineering Practice Act of 1989.
17(Source: P.A. 102-284, eff. 8-6-21; 103-562, eff. 11-17-23.)
18    (730 ILCS 5/5-5.5-25)
19    Sec. 5-5.5-25. Certificate of good conduct.
20    (a) A certificate of good conduct may be granted as
21provided in this Section to relieve an eligible offender of
22any employment, occupational licensing, or housing bar. The
23certificate may be limited to one or more disabilities or bars
24or may relieve the individual of all disabilities and bars.
25    Notwithstanding any other provision of law, a certificate
		SB3666	- 37 -	LRB104 17957 AAS 31394 b
1of good conduct does not relieve an offender of any
2employment-related disability imposed by law by reason of his
3or her conviction of a crime that would prevent his or her
4employment by the Department of Corrections, Department of
5Juvenile Justice, or any other law enforcement agency in the
6State.
7    (a-6) A certificate of good conduct may be granted as
8provided in this Section to an eligible offender as defined in
9Section 5-5.5-5 of this Code who has demonstrated by clear and
10convincing evidence that he or she has been [a] law-abiding
11[citizen] and is fully rehabilitated.
12    (b)(i) A certificate of good conduct may not, however, in
13any way prevent any judicial proceeding, administrative,
14licensing, or other body, board, or authority from considering
15the conviction specified in the certificate.
16    (ii) A certificate of good conduct shall not limit or
17prevent the introduction of evidence of a prior conviction for
18purposes of impeachment of a witness in a judicial or other
19proceeding where otherwise authorized by the applicable rules
20of evidence.
21    (iii) A certificate of good conduct does not limit any
22employer, landlord, judicial proceeding, administrative,
23licensing, or other body, board, or authority from accessing
24criminal background information; nor does it hide, alter, or
25expunge the record.
26    (c) An employer is not civilly or criminally liable for an
		SB3666	- 38 -	LRB104 17957 AAS 31394 b
1act or omission by an employee who has been issued a
2certificate of good conduct, except for a willful or wanton
3act by the employer in hiring the employee who has been issued
4a certificate of good conduct.
5    (d) The existence of a certificate of good conduct does
6not preclude a landlord or an administrative, licensing, or
7other body, board, or authority from retaining full discretion
8to grant or deny the application for housing or licensure.
9(Source: P.A. 101-154, eff. 1-1-20.)
10    (730 ILCS 5/5-5.5-50 rep.)
11    Section 25. The Unified Code of Corrections is amended by
12repealing Section 5-5.5-50.
13    Section 97. Severability. The provisions of this Act are
14severable under Section 1.31 of the Statute on Statutes.
15    Section 99. Effective date. This Act takes effect upon
16becoming law.
		SB3666	- 39 -	LRB104 17957 AAS 31394 b
1
  INDEX
2
  Statutes amended in order of appearance
3    20 ILCS 2105/2105-5	was 20 ILCS 2105/60b
4    20 ILCS 2105/2105-105	was 20 ILCS 2105/60d
5    20 ILCS 2105/2105-131
6    20 ILCS 2105/2105-135
7    20 ILCS 2105/2105-165
8    20 ILCS 2105/2105-170
9    20 ILCS 2105/2105-205	was 20 ILCS 2105/60.3
10    20 ILCS 2105/2105-207
11    225 ILCS 410/1-7	from Ch. 111, par. 1701-7
12    410 ILCS 517/51
13    730 ILCS 5/5-5-5	from Ch. 38, par. 1005-5-5
14    730 ILCS 5/5-5.5-25
15    730 ILCS 5/5-5.5-50 rep.