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| 1 | AMENDMENT TO HOUSE BILL 4975
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| 2 | AMENDMENT NO. ______. Amend House Bill 4975 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Department of Professional Regulation Law | ||||||
| 5 | of the
Civil Administrative Code of Illinois is amended by | ||||||
| 6 | adding Section 2105-207 as follows: | ||||||
| 7 | (20 ILCS 2105/2105-207 new) | ||||||
| 8 | Sec. 2105-207. Records of Department Actions. | ||||||
| 9 | (a) Any licensee subject to a licensing Act administered by | ||||||
| 10 | the Division of Professional Regulation and who has been | ||||||
| 11 | subject to disciplinary action by the Department may file an | ||||||
| 12 | application with the Department on forms provided by the | ||||||
| 13 | Department, along with the required fee of $200, to have the | ||||||
| 14 | records classified as confidential, not for public release and | ||||||
| 15 | considered expunged for reporting purposes if: | ||||||
| 16 | (1) the application is submitted more than 7 years | ||||||
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| 1 | after the disciplinary offense occurred; | ||||||
| 2 | (2) the licensee has had no incidents of discipline | ||||||
| 3 | under the licensing Act since the disciplinary offense | ||||||
| 4 | identified in the application occurred; | ||||||
| 5 | (3) the Department has no pending investigations | ||||||
| 6 | against the licensee; and | ||||||
| 7 | (4) the licensee is not currently in a disciplinary | ||||||
| 8 | status. | ||||||
| 9 | (b) An application to make disciplinary records | ||||||
| 10 | confidential shall only be considered by the Department for an | ||||||
| 11 | offense or action relating to: | ||||||
| 12 | (1) failure to pay taxes, child support, or student | ||||||
| 13 | loans; | ||||||
| 14 | (2) continuing education; | ||||||
| 15 | (3) failure to renew a license on time; | ||||||
| 16 | (4) failure to obtain or renew a certificate of | ||||||
| 17 | registration or ancillary license; | ||||||
| 18 | (5) advertising; or | ||||||
| 19 | (6) any grounds for discipline removed from the | ||||||
| 20 | licensing Act. | ||||||
| 21 | (c) An application shall be submitted to and considered by | ||||||
| 22 | the Director of the Division of Professional Regulation upon | ||||||
| 23 | submission of an application and the required non-refundable | ||||||
| 24 | fee. The Department may establish additional requirements by | ||||||
| 25 | rule. The Department is not required to report the removal of | ||||||
| 26 | any disciplinary record to any national database. Nothing in | ||||||
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| 1 | this Section shall prohibit the Department from using a | ||||||
| 2 | previous discipline for any regulatory purpose or from | ||||||
| 3 | releasing records of a previous discipline upon request from | ||||||
| 4 | law enforcement, or other governmental body as permitted by | ||||||
| 5 | law. Classification of records as confidential shall result in | ||||||
| 6 | removal of records of discipline from records kept pursuant to | ||||||
| 7 | Sections 2105-200 and 2105-205 of this Act. | ||||||
| 8 | Section 10. The Health Care Professional Credentials Data | ||||||
| 9 | Collection Act is amended by adding Section 51 as follows: | ||||||
| 10 | (410 ILCS 517/51 new) | ||||||
| 11 | Sec. 51. Licensure records. Licensure records designated | ||||||
| 12 | confidential and considered expunged for reporting purposes by | ||||||
| 13 | the licensee under Section 2105-207 of the Civil Administrative | ||||||
| 14 | Code are not reportable under this Act.
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| 15 | Section 99. Effective date. This Act takes effect upon | ||||||
| 16 | becoming law.".
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