HB1973 EngrossedLRB097 09421 CEL 49556 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Professional Regulation Law of
5the Civil Administrative Code of Illinois is amended by adding
6Section 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
10the Division of Professional Regulation and who has been
11subject to disciplinary action by the Department may file an
12application with the Department on forms provided by the
13Department, along with the required fee of $200, to have the
14records classified as confidential, not for public release and
15considered expunged for reporting purposes if:
16        (1) the application is submitted more than 7 years
17    after the disciplinary offense occurred;
18        (2) the licensee has had no incidents of discipline
19    under the licensing Act since the disciplinary offense
20    identified in the application occurred;
21        (3) the Department has no pending investigations
22    against the licensee; and
23        (4) the licensee is not currently in a disciplinary

 

 

HB1973 Engrossed- 2 -LRB097 09421 CEL 49556 b

1    status.
2    (b) An application to make disciplinary records
3confidential shall only be considered by the Department for an
4offense or action relating to:
5        (1) failure to pay taxes, child support, or student
6    loans;
7        (2) continuing education;
8        (3) failure to renew a license on time;
9        (4) failure to obtain or renew a certificate of
10    registration or ancillary license;
11        (5) advertising; or
12        (6) any grounds for discipline removed from the
13    licensing Act.
14    (c) An application shall be submitted to and considered by
15the Director of the Division of Professional Regulation upon
16submission of an application and the required non-refundable
17fee. The Department may establish additional requirements by
18rule. The Department is not required to report the removal of
19any disciplinary record to any national database. Nothing in
20this Section shall prohibit the Department from using a
21previous discipline for any regulatory purpose or from
22releasing records of a previous discipline upon request from
23law enforcement, or other governmental body as permitted by
24law. Classification of records as confidential shall result in
25removal of records of discipline from records kept pursuant to
26Sections 2105-200 and 2105-205 of this Act.

 

 

HB1973 Engrossed- 3 -LRB097 09421 CEL 49556 b

1    (d) None of the provisions of this Section apply to a
2person or entity licensed under the Real Estate Appraiser
3Licensing Act of 2002 or its successor Acts.
 
4    Section 10. The Health Care Professional Credentials Data
5Collection Act is amended by adding Section 51 as follows:
 
6    (410 ILCS 517/51 new)
7    Sec. 51. Licensure records. Licensure records designated
8confidential and considered expunged for reporting purposes by
9the licensee under Section 2105-207 of the Civil Administrative
10Code are not reportable under this Act.
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.