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1 | AN ACT concerning state government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Department of Professional Regulation Law of | ||||||||||||||||||||||||
5 | the
Civil Administrative Code of Illinois is amended by | ||||||||||||||||||||||||
6 | changing Section 2105-15 as follows:
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7 | (20 ILCS 2105/2105-15) (was 20 ILCS 2105/60)
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8 | Sec. 2105-15. General powers and duties.
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9 | (a) The Department has, subject to the provisions of the | ||||||||||||||||||||||||
10 | Civil
Administrative Code of Illinois, the following powers and | ||||||||||||||||||||||||
11 | duties:
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12 | (1) To authorize examinations in English to ascertain | ||||||||||||||||||||||||
13 | the qualifications
and fitness of applicants to exercise | ||||||||||||||||||||||||
14 | the profession, trade, or occupation for
which the | ||||||||||||||||||||||||
15 | examination is held.
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16 | (2) To prescribe rules and regulations for a fair and | ||||||||||||||||||||||||
17 | wholly
impartial method of examination of candidates to | ||||||||||||||||||||||||
18 | exercise the respective
professions, trades, or | ||||||||||||||||||||||||
19 | occupations.
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20 | (3) To pass upon the qualifications of applicants for | ||||||||||||||||||||||||
21 | licenses,
certificates, and authorities, whether by | ||||||||||||||||||||||||
22 | examination, by reciprocity, or by
endorsement.
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23 | (4) To prescribe rules and regulations defining, for |
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1 | the
respective
professions, trades, and occupations, what | ||||||
2 | shall constitute a school,
college, or university, or | ||||||
3 | department of a university, or other
institution, | ||||||
4 | reputable and in good standing, and to determine the
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5 | reputability and good standing of a school, college, or | ||||||
6 | university, or
department of a university, or other | ||||||
7 | institution, reputable and in good
standing, by reference | ||||||
8 | to a compliance with those rules and regulations;
provided, | ||||||
9 | that no school, college, or university, or department of a
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10 | university, or other institution that refuses admittance | ||||||
11 | to applicants
solely on account of race, color, creed, sex, | ||||||
12 | or national origin shall be
considered reputable and in | ||||||
13 | good standing.
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14 | (5) To conduct hearings on proceedings to revoke, | ||||||
15 | suspend, refuse to
renew, place on probationary status, or | ||||||
16 | take other disciplinary action
as authorized in any | ||||||
17 | licensing Act administered by the Department
with regard to | ||||||
18 | licenses, certificates, or authorities of persons
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19 | exercising the respective professions, trades, or | ||||||
20 | occupations and to
revoke, suspend, refuse to renew, place | ||||||
21 | on probationary status, or take
other disciplinary action | ||||||
22 | as authorized in any licensing Act
administered by the | ||||||
23 | Department with regard to those licenses,
certificates, or | ||||||
24 | authorities. The Department shall issue a monthly
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25 | disciplinary report. The Department shall deny any license | ||||||
26 | or
renewal authorized by the Civil Administrative Code of |
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1 | Illinois to any person
who has defaulted on an
educational | ||||||
2 | loan or scholarship provided by or guaranteed by the | ||||||
3 | Illinois
Student Assistance Commission or any governmental | ||||||
4 | agency of this State;
however, the Department may issue a | ||||||
5 | license or renewal if the
aforementioned persons have | ||||||
6 | established a satisfactory repayment record as
determined | ||||||
7 | by the Illinois Student Assistance Commission or other | ||||||
8 | appropriate
governmental agency of this State. | ||||||
9 | Additionally, beginning June 1, 1996,
any license issued by | ||||||
10 | the Department may be suspended or revoked if the
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11 | Department, after the opportunity for a hearing under the | ||||||
12 | appropriate licensing
Act, finds that the licensee has | ||||||
13 | failed to make satisfactory repayment to the
Illinois | ||||||
14 | Student Assistance Commission for a delinquent or | ||||||
15 | defaulted loan.
For the purposes of this Section, | ||||||
16 | "satisfactory repayment record" shall be
defined by rule. | ||||||
17 | The Department shall refuse to issue or renew a license to,
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18 | or shall suspend or revoke a license of, any person who, | ||||||
19 | after receiving
notice, fails to comply with a subpoena or | ||||||
20 | warrant relating to a paternity or
child support | ||||||
21 | proceeding. However, the Department may issue a license or
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22 | renewal upon compliance with the subpoena or warrant.
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23 | The Department, without further process or hearings, | ||||||
24 | shall revoke, suspend,
or deny any license or renewal | ||||||
25 | authorized by the Civil Administrative Code of
Illinois to | ||||||
26 | a person who is certified by the Department of Healthcare |
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1 | and Family Services (formerly Illinois Department of | ||||||
2 | Public Aid)
as being more than 30 days delinquent in | ||||||
3 | complying with a child support order
or who is certified by | ||||||
4 | a court as being in violation of the Non-Support
Punishment | ||||||
5 | Act for more than 60 days. The Department may, however, | ||||||
6 | issue a
license or renewal if the person has established a | ||||||
7 | satisfactory repayment
record as determined by the | ||||||
8 | Department of Healthcare and Family Services (formerly
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9 | Illinois Department of Public Aid) or if the person
is | ||||||
10 | determined by the court to be in compliance with the | ||||||
11 | Non-Support Punishment
Act. The Department may implement | ||||||
12 | this paragraph as added by Public Act 89-6
through the use | ||||||
13 | of emergency rules in accordance with Section 5-45 of the
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14 | Illinois Administrative Procedure Act. For purposes of the | ||||||
15 | Illinois
Administrative Procedure Act, the adoption of | ||||||
16 | rules to implement this
paragraph shall be considered an | ||||||
17 | emergency and necessary for the public
interest, safety, | ||||||
18 | and welfare.
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19 | (6) To transfer jurisdiction of any realty under the | ||||||
20 | control of the
Department to any other department of the | ||||||
21 | State Government or to acquire
or accept federal lands when | ||||||
22 | the transfer, acquisition, or acceptance is
advantageous | ||||||
23 | to the State and is approved in writing by the Governor.
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24 | (7) To formulate rules and regulations necessary for | ||||||
25 | the enforcement of
any Act administered by the Department.
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26 | (8) To exchange with the Department of Healthcare and |
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1 | Family Services information
that may be necessary for the | ||||||
2 | enforcement of child support orders entered
pursuant to the | ||||||
3 | Illinois Public Aid Code, the Illinois Marriage and | ||||||
4 | Dissolution
of Marriage Act, the Non-Support of Spouse and | ||||||
5 | Children Act, the Non-Support
Punishment Act, the Revised | ||||||
6 | Uniform Reciprocal Enforcement of Support Act, the
Uniform | ||||||
7 | Interstate Family Support Act, or the Illinois Parentage | ||||||
8 | Act of 1984.
Notwithstanding any provisions in this Code to | ||||||
9 | the contrary, the Department of
Professional Regulation | ||||||
10 | shall not be liable under any federal or State law to
any | ||||||
11 | person for any disclosure of information to the Department | ||||||
12 | of Healthcare and Family Services (formerly Illinois | ||||||
13 | Department of
Public Aid)
under this paragraph (8) or for | ||||||
14 | any other action taken in good faith
to comply with the | ||||||
15 | requirements of this paragraph (8).
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16 | (a-5) Except in cases involving default on an educational | ||||||
17 | loan or scholarship provided by or guaranteed by the Illinois | ||||||
18 | Student Assistance Commission or any governmental agency of | ||||||
19 | this State or in cases involving delinquency in complying with | ||||||
20 | a child support order or violation of the Non-Support | ||||||
21 | Punishment Act, no person or entity whose license, certificate, | ||||||
22 | or authority has been revoked as authorized in any licensing | ||||||
23 | Act administered by the Department may apply for restoration of | ||||||
24 | that license, certification, or authority until 3 years after | ||||||
25 | the effective date of the revocation.
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26 | (9) To perform other duties prescribed
by law.
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1 | (b) The Department may, when a fee is payable to the | ||||||
2 | Department for a wall
certificate of registration provided by | ||||||
3 | the Department of Central Management
Services, require that | ||||||
4 | portion of the payment for printing and distribution
costs be | ||||||
5 | made directly or through the Department to the Department of | ||||||
6 | Central
Management Services for deposit into the Paper and | ||||||
7 | Printing Revolving Fund.
The remainder shall be deposited into | ||||||
8 | the General Revenue Fund.
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9 | (c) For the purpose of securing and preparing evidence, and | ||||||
10 | for the purchase
of controlled substances, professional | ||||||
11 | services, and equipment necessary for
enforcement activities, | ||||||
12 | recoupment of investigative costs, and other activities
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13 | directed at suppressing the misuse and abuse of controlled | ||||||
14 | substances,
including those activities set forth in Sections | ||||||
15 | 504 and 508 of the Illinois
Controlled Substances Act, the | ||||||
16 | Director and agents appointed and authorized by
the Director | ||||||
17 | may expend sums from the Professional Regulation Evidence Fund
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18 | that the Director deems necessary from the amounts appropriated | ||||||
19 | for that
purpose. Those sums may be advanced to the agent when | ||||||
20 | the Director deems that
procedure to be in the public interest. | ||||||
21 | Sums for the purchase of controlled
substances, professional | ||||||
22 | services, and equipment necessary for enforcement
activities | ||||||
23 | and other activities as set forth in this Section shall be | ||||||
24 | advanced
to the agent who is to make the purchase from the | ||||||
25 | Professional Regulation
Evidence Fund on vouchers signed by the | ||||||
26 | Director. The Director and those
agents are authorized to |
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1 | maintain one or more commercial checking accounts with
any | ||||||
2 | State banking corporation or corporations organized under or | ||||||
3 | subject to the
Illinois Banking Act for the deposit and | ||||||
4 | withdrawal of moneys to be used for
the purposes set forth in | ||||||
5 | this Section; provided, that no check may be written
nor any | ||||||
6 | withdrawal made from any such account except upon the written
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7 | signatures of 2 persons designated by the Director to write | ||||||
8 | those checks and
make those withdrawals. Vouchers for those | ||||||
9 | expenditures must be signed by the
Director. All such | ||||||
10 | expenditures shall be audited by the Director, and the
audit | ||||||
11 | shall be submitted to the Department of Central Management | ||||||
12 | Services for
approval.
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13 | (d) Whenever the Department is authorized or required by | ||||||
14 | law to consider
some aspect of criminal history record | ||||||
15 | information for the purpose of carrying
out its statutory | ||||||
16 | powers and responsibilities, then, upon request and payment
of | ||||||
17 | fees in conformance with the requirements of Section 2605-400 | ||||||
18 | of the
Department of State Police Law (20 ILCS 2605/2605-400), | ||||||
19 | the Department of State
Police is authorized to furnish, | ||||||
20 | pursuant to positive identification, the
information contained | ||||||
21 | in State files that is necessary to fulfill the request.
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22 | (e) The provisions of this Section do not apply to private | ||||||
23 | business and
vocational schools as defined by Section 1 of the | ||||||
24 | Private Business and
Vocational Schools Act.
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25 | (f) Beginning July 1, 1995, this Section does not apply to | ||||||
26 | those
professions, trades, and occupations licensed under the |
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1 | Real Estate License
Act of 2000, nor does it apply to any | ||||||
2 | permits, certificates, or other
authorizations to do business | ||||||
3 | provided for in the Land Sales Registration Act
of 1989 or the | ||||||
4 | Illinois Real Estate Time-Share Act.
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5 | (g) Notwithstanding anything that may appear in any | ||||||
6 | individual licensing statute or administrative rule, the | ||||||
7 | Department shall deny any license application or renewal | ||||||
8 | authorized under any licensing Act administered by the | ||||||
9 | Department to any person who has failed to file a return, or to | ||||||
10 | pay the tax, penalty, or interest shown in a filed return, or | ||||||
11 | to pay any final assessment of tax, penalty, or interest, as | ||||||
12 | required by any tax Act administered by the Illinois Department | ||||||
13 | of Revenue, until such time as the requirement of any such tax | ||||||
14 | Act are satisfied; however, the Department may issue a license | ||||||
15 | or renewal if the person has established a satisfactory | ||||||
16 | repayment record as determined by the Illinois Department of | ||||||
17 | Revenue. For the purpose of this Section, "satisfactory | ||||||
18 | repayment record" shall be defined by rule.
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19 | In addition, a complaint filed with the Department by the | ||||||
20 | Illinois Department of Revenue that includes a certification, | ||||||
21 | signed by its Director or designee, attesting to the amount of | ||||||
22 | the unpaid tax liability or the years for which a return was | ||||||
23 | not filed, or both, is prima facia evidence of the licensee's | ||||||
24 | failure to comply with the tax laws administered by the | ||||||
25 | Illinois Department of Revenue. Upon receipt of that | ||||||
26 | certification, the Department shall, without a hearing, |
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1 | immediately suspend all licenses held by the licensee. | ||||||
2 | Enforcement of the Department's order shall be stayed for 60 | ||||||
3 | days. The Department shall provide notice of the suspension to | ||||||
4 | the licensee by mailing a copy of the Department's order by | ||||||
5 | certified and regular mail to the licensee's last known address | ||||||
6 | as registered with the Department. The notice shall advise the | ||||||
7 | licensee that the suspension shall be effective 60 days after | ||||||
8 | the issuance of the Department's order unless the Department | ||||||
9 | receives, from the licensee, a request for a hearing before the | ||||||
10 | Department to dispute the matters contained in the order.
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11 | Any suspension imposed under this subsection (g) shall be | ||||||
12 | terminated by the Department upon notification from the | ||||||
13 | Illinois Department of Revenue that the licensee is in | ||||||
14 | compliance with all tax laws administered by the Illinois | ||||||
15 | Department of Revenue.
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16 | The Department shall promulgate rules for the | ||||||
17 | administration of this subsection (g).
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18 | (h) The Department may grant the title "Retired", to be | ||||||
19 | used immediately adjacent to the title of a profession | ||||||
20 | regulated by the Department, to eligible retirees. The use of | ||||||
21 | the title "Retired" shall not constitute representation of | ||||||
22 | current licensure, registration, or certification. Any person | ||||||
23 | without an active license, registration, or certificate in a | ||||||
24 | profession that requires licensure, registration, or | ||||||
25 | certification shall not be permitted to practice that | ||||||
26 | profession. |
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1 | (Source: P.A. 94-452, eff. 1-1-06; 94-462, eff. 8-4-05; 95-331, | ||||||
2 | eff. 8-21-07.)
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3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.
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