State of Illinois
2017 and 2018


Introduced , by Rep. Elizabeth Hernandez


20 ILCS 2105/2105-15

    Amends the Department of Professional Regulation Law. Provides that the Department of Financial and Professional Regulation shall not prohibit a person from receiving a license solely because the person is not a citizen of the United States. Provides that the Department may grant a license to a person who satisfies specific requirements regarding immigration status and fulfills other necessary requirements to obtain a license. Effective immediately.

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HB5097LRB100 18459 XWW 33674 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
6changing Section 2105-15 as follows:
7    (20 ILCS 2105/2105-15)
8    Sec. 2105-15. General powers and duties.
9    (a) The Department has, subject to the provisions of the
10Civil Administrative Code of Illinois, the following powers and
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.
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.
20        (3) To pass upon the qualifications of applicants for
21    licenses, certificates, and authorities, whether by
22    examination, by reciprocity, or by endorsement.
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
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
10    university, or other institution that refuses admittance
11    to applicants solely on account of race, color, creed, sex,
12    sexual orientation, or national origin shall be considered
13    reputable and in good standing.
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
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.
25        The Department shall issue a monthly disciplinary
26    report.



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1        The Department shall deny any license or renewal
2    authorized by the Civil Administrative Code of Illinois to
3    any person who has defaulted on an educational loan or
4    scholarship provided by or guaranteed by the Illinois
5    Student Assistance Commission or any governmental agency
6    of this State; however, the Department may issue a license
7    or renewal if the aforementioned persons have established a
8    satisfactory repayment record as determined by the
9    Illinois Student Assistance Commission or other
10    appropriate governmental agency of this State.
11    Additionally, beginning June 1, 1996, any license issued by
12    the Department may be suspended or revoked if the
13    Department, after the opportunity for a hearing under the
14    appropriate licensing Act, finds that the licensee has
15    failed to make satisfactory repayment to the Illinois
16    Student Assistance Commission for a delinquent or
17    defaulted loan. For the purposes of this Section,
18    "satisfactory repayment record" shall be defined by rule.
19        The Department shall refuse to issue or renew a license
20    to, or shall suspend or revoke a license of, any person
21    who, after receiving notice, fails to comply with a
22    subpoena or warrant relating to a paternity or child
23    support proceeding. However, the Department may issue a
24    license or renewal upon compliance with the subpoena or
25    warrant.
26        The Department, without further process or hearings,



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1    shall revoke, suspend, or deny any license or renewal
2    authorized by the Civil Administrative Code of Illinois to
3    a person who is certified by the Department of Healthcare
4    and Family Services (formerly Illinois Department of
5    Public Aid) as being more than 30 days delinquent in
6    complying with a child support order or who is certified by
7    a court as being in violation of the Non-Support Punishment
8    Act for more than 60 days. The Department may, however,
9    issue a license or renewal if the person has established a
10    satisfactory repayment record as determined by the
11    Department of Healthcare and Family Services (formerly
12    Illinois Department of Public Aid) or if the person is
13    determined by the court to be in compliance with the
14    Non-Support Punishment Act. The Department may implement
15    this paragraph as added by Public Act 89-6 through the use
16    of emergency rules in accordance with Section 5-45 of the
17    Illinois Administrative Procedure Act. For purposes of the
18    Illinois Administrative Procedure Act, the adoption of
19    rules to implement this paragraph shall be considered an
20    emergency and necessary for the public interest, safety,
21    and welfare.
22        (6) To transfer jurisdiction of any realty under the
23    control of the Department to any other department of the
24    State Government or to acquire or accept federal lands when
25    the transfer, acquisition, or acceptance is advantageous
26    to the State and is approved in writing by the Governor.



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1        (7) To formulate rules and regulations necessary for
2    the enforcement of any Act administered by the Department.
3        (8) To exchange with the Department of Healthcare and
4    Family Services information that may be necessary for the
5    enforcement of child support orders entered pursuant to the
6    Illinois Public Aid Code, the Illinois Marriage and
7    Dissolution of Marriage Act, the Non-Support of Spouse and
8    Children Act, the Non-Support Punishment Act, the Revised
9    Uniform Reciprocal Enforcement of Support Act, the Uniform
10    Interstate Family Support Act, the Illinois Parentage Act
11    of 1984, or the Illinois Parentage Act of 2015.
12    Notwithstanding any provisions in this Code to the
13    contrary, the Department of Professional Regulation shall
14    not be liable under any federal or State law to any person
15    for any disclosure of information to the Department of
16    Healthcare and Family Services (formerly Illinois
17    Department of Public Aid) under this paragraph (8) or for
18    any other action taken in good faith to comply with the
19    requirements of this paragraph (8).
20        (8.5) To accept continuing education credit for
21    mandated reporter training on how to recognize and report
22    child abuse offered by the Department of Children and
23    Family Services and completed by any person who holds a
24    professional license issued by the Department and who is a
25    mandated reporter under the Abused and Neglected Child
26    Reporting Act. The Department shall adopt any rules



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1    necessary to implement this paragraph.
2        (9) To perform other duties prescribed by law.
3    (a-5) Except in cases involving default on an educational
4loan or scholarship provided by or guaranteed by the Illinois
5Student Assistance Commission or any governmental agency of
6this State or in cases involving delinquency in complying with
7a child support order or violation of the Non-Support
8Punishment Act and notwithstanding anything that may appear in
9any individual licensing Act or administrative rule, no person
10or entity whose license, certificate, or authority has been
11revoked as authorized in any licensing Act administered by the
12Department may apply for restoration of that license,
13certification, or authority until 3 years after the effective
14date of the revocation.
15    (b) (Blank).
16    (c) For the purpose of securing and preparing evidence, and
17for the purchase of controlled substances, professional
18services, and equipment necessary for enforcement activities,
19recoupment of investigative costs, and other activities
20directed at suppressing the misuse and abuse of controlled
21substances, including those activities set forth in Sections
22504 and 508 of the Illinois Controlled Substances Act, the
23Director and agents appointed and authorized by the Director
24may expend sums from the Professional Regulation Evidence Fund
25that the Director deems necessary from the amounts appropriated
26for that purpose. Those sums may be advanced to the agent when



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1the Director deems that procedure to be in the public interest.
2Sums for the purchase of controlled substances, professional
3services, and equipment necessary for enforcement activities
4and other activities as set forth in this Section shall be
5advanced to the agent who is to make the purchase from the
6Professional Regulation Evidence Fund on vouchers signed by the
7Director. The Director and those agents are authorized to
8maintain one or more commercial checking accounts with any
9State banking corporation or corporations organized under or
10subject to the Illinois Banking Act for the deposit and
11withdrawal of moneys to be used for the purposes set forth in
12this Section; provided, that no check may be written nor any
13withdrawal made from any such account except upon the written
14signatures of 2 persons designated by the Director to write
15those checks and make those withdrawals. Vouchers for those
16expenditures must be signed by the Director. All such
17expenditures shall be audited by the Director, and the audit
18shall be submitted to the Department of Central Management
19Services for approval.
20    (d) Whenever the Department is authorized or required by
21law to consider some aspect of criminal history record
22information for the purpose of carrying out its statutory
23powers and responsibilities, then, upon request and payment of
24fees in conformance with the requirements of Section 2605-400
25of the Department of State Police Law (20 ILCS 2605/2605-400),
26the Department of State Police is authorized to furnish,



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1pursuant to positive identification, the information contained
2in State files that is necessary to fulfill the request.
3    (e) The provisions of this Section do not apply to private
4business and vocational schools as defined by Section 15 of the
5Private Business and Vocational Schools Act of 2012.
6    (f) (Blank).
7    (g) Notwithstanding anything that may appear in any
8individual licensing statute or administrative rule, the
9Department shall deny any license application or renewal
10authorized under any licensing Act administered by the
11Department to any person who has failed to file a return, or to
12pay the tax, penalty, or interest shown in a filed return, or
13to pay any final assessment of tax, penalty, or interest, as
14required by any tax Act administered by the Illinois Department
15of Revenue, until such time as the requirement of any such tax
16Act are satisfied; however, the Department may issue a license
17or renewal if the person has established a satisfactory
18repayment record as determined by the Illinois Department of
19Revenue. For the purpose of this Section, "satisfactory
20repayment record" shall be defined by rule.
21    In addition, a complaint filed with the Department by the
22Illinois Department of Revenue that includes a certification,
23signed by its Director or designee, attesting to the amount of
24the unpaid tax liability or the years for which a return was
25not filed, or both, is prima facie evidence of the licensee's
26failure to comply with the tax laws administered by the



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1Illinois Department of Revenue. Upon receipt of that
2certification, the Department shall, without a hearing,
3immediately suspend all licenses held by the licensee.
4Enforcement of the Department's order shall be stayed for 60
5days. The Department shall provide notice of the suspension to
6the licensee by mailing a copy of the Department's order to the
7licensee's address of record or emailing a copy of the order to
8the licensee's email address of record. The notice shall advise
9the licensee that the suspension shall be effective 60 days
10after the issuance of the Department's order unless the
11Department receives, from the licensee, a request for a hearing
12before the Department to dispute the matters contained in the
14    Any suspension imposed under this subsection (g) shall be
15terminated by the Department upon notification from the
16Illinois Department of Revenue that the licensee is in
17compliance with all tax laws administered by the Illinois
18Department of Revenue.
19    The Department may promulgate rules for the administration
20of this subsection (g).
21    (h) The Department may grant the title "Retired", to be
22used immediately adjacent to the title of a profession
23regulated by the Department, to eligible retirees. For
24individuals licensed under the Medical Practice Act of 1987,
25the title "Retired" may be used in the profile required by the
26Patients' Right to Know Act. The use of the title "Retired"



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1shall not constitute representation of current licensure,
2registration, or certification. Any person without an active
3license, registration, or certificate in a profession that
4requires licensure, registration, or certification shall not
5be permitted to practice that profession.
6    (i) Within 180 days after December 23, 2009 (the effective
7date of Public Act 96-852), the Department shall promulgate
8rules which permit a person with a criminal record, who seeks a
9license or certificate in an occupation for which a criminal
10record is not expressly a per se bar, to apply to the
11Department for a non-binding, advisory opinion to be provided
12by the Board or body with the authority to issue the license or
13certificate as to whether his or her criminal record would bar
14the individual from the licensure or certification sought,
15should the individual meet all other licensure requirements
16including, but not limited to, the successful completion of the
17relevant examinations.
18    (j) Notwithstanding any provision of an individual
19licensing statute or administrative rule to the contrary, the
20Department shall not prohibit a person from receiving a license
21solely because he or she is not a citizen of the United States.
22    The Department may grant a license to a person who, in
23addition to fulfilling other necessary requirements to obtain a
24license, satisfies the following requirements:
25        (1) the United States Department of Homeland Security
26    has approved the person's request for Deferred Action for



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1    Childhood Arrivals;
2        (2) the person's Deferred Action for Childhood
3    Arrivals has not expired or has been properly renewed; and
4        (3) the person has a current, valid employment
5    authorization document issued by the United States
6    Citizenship and Immigration Services.
7(Source: P.A. 99-85, eff. 1-1-16; 99-227, eff. 8-3-15; 99-330,
8eff. 8-10-15; 99-642, eff. 7-28-16; 99-933, eff. 1-27-17;
9100-262, eff. 8-22-17; revised 10-4-17.)
10    Section 99. Effective date. This Act takes effect upon
11becoming law.