101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3720

 

Introduced 2/14/2020, by Sen. Julie A. Morrison

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2105/2105-15

    Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois to provide that the Division of Professional Regulation of the Department of Financial and Professional Regulation shall process an application for a license within 4 weeks after receiving a complete application that contains no deficiencies.


LRB101 20042 BMS 69572 b

 

 

A BILL FOR

 

SB3720LRB101 20042 BMS 69572 b

1    AN ACT concerning professional regulation.
 
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
11duties:
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 refuse to issue or renew a license
2    to, or shall suspend or revoke a license of, any person
3    who, after receiving notice, fails to comply with a
4    subpoena or warrant relating to a paternity or child
5    support proceeding. However, the Department may issue a
6    license or renewal upon compliance with the subpoena or
7    warrant.
8        The Department, without further process or hearings,
9    shall revoke, suspend, or deny any license or renewal
10    authorized by the Civil Administrative Code of Illinois to
11    a person who is certified by the Department of Healthcare
12    and Family Services (formerly Illinois Department of
13    Public Aid) as being more than 30 days delinquent in
14    complying with a child support order or who is certified by
15    a court as being in violation of the Non-Support Punishment
16    Act for more than 60 days. The Department may, however,
17    issue a license or renewal if the person has established a
18    satisfactory repayment record as determined by the
19    Department of Healthcare and Family Services (formerly
20    Illinois Department of Public Aid) or if the person is
21    determined by the court to be in compliance with the
22    Non-Support Punishment Act. The Department may implement
23    this paragraph as added by Public Act 89-6 through the use
24    of emergency rules in accordance with Section 5-45 of the
25    Illinois Administrative Procedure Act. For purposes of the
26    Illinois Administrative Procedure Act, the adoption of

 

 

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1    rules to implement this paragraph shall be considered an
2    emergency and necessary for the public interest, safety,
3    and welfare.
4        (6) To transfer jurisdiction of any realty under the
5    control of the Department to any other department of the
6    State Government or to acquire or accept federal lands when
7    the transfer, acquisition, or acceptance is advantageous
8    to the State and is approved in writing by the Governor.
9        (7) To formulate rules and regulations necessary for
10    the enforcement of any Act administered by the Department.
11        (8) To exchange with the Department of Healthcare and
12    Family Services information that may be necessary for the
13    enforcement of child support orders entered pursuant to the
14    Illinois Public Aid Code, the Illinois Marriage and
15    Dissolution of Marriage Act, the Non-Support of Spouse and
16    Children Act, the Non-Support Punishment Act, the Revised
17    Uniform Reciprocal Enforcement of Support Act, the Uniform
18    Interstate Family Support Act, the Illinois Parentage Act
19    of 1984, or the Illinois Parentage Act of 2015.
20    Notwithstanding any provisions in this Code to the
21    contrary, the Department of Professional Regulation shall
22    not be liable under any federal or State law to any person
23    for any disclosure of information to the Department of
24    Healthcare and Family Services (formerly Illinois
25    Department of Public Aid) under this paragraph (8) or for
26    any other action taken in good faith to comply with the

 

 

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1    requirements of this paragraph (8).
2        (8.3) To exchange information with the Department of
3    Human Rights regarding recommendations received under
4    paragraph (B) of Section 8-109 of the Illinois Human Rights
5    Act regarding a licensee or candidate for licensure who has
6    committed a civil rights violation that may lead to the
7    refusal, suspension, or revocation of a license from the
8    Department.
9        (8.5) To accept continuing education credit for
10    mandated reporter training on how to recognize and report
11    child abuse offered by the Department of Children and
12    Family Services and completed by any person who holds a
13    professional license issued by the Department and who is a
14    mandated reporter under the Abused and Neglected Child
15    Reporting Act. The Department shall adopt any rules
16    necessary to implement this paragraph.
17        (9) To perform other duties prescribed by law.
18    (a-5) Except in cases involving delinquency in complying
19with a child support order or violation of the Non-Support
20Punishment Act and notwithstanding anything that may appear in
21any individual licensing Act or administrative rule, no person
22or entity whose license, certificate, or authority has been
23revoked as authorized in any licensing Act administered by the
24Department may apply for restoration of that license,
25certification, or authority until 3 years after the effective
26date of the revocation.

 

 

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1    (b) (Blank).
2    (c) For the purpose of securing and preparing evidence, and
3for the purchase of controlled substances, professional
4services, and equipment necessary for enforcement activities,
5recoupment of investigative costs, and other activities
6directed at suppressing the misuse and abuse of controlled
7substances, including those activities set forth in Sections
8504 and 508 of the Illinois Controlled Substances Act, the
9Director and agents appointed and authorized by the Director
10may expend sums from the Professional Regulation Evidence Fund
11that the Director deems necessary from the amounts appropriated
12for that purpose. Those sums may be advanced to the agent when
13the Director deems that procedure to be in the public interest.
14Sums for the purchase of controlled substances, professional
15services, and equipment necessary for enforcement activities
16and other activities as set forth in this Section shall be
17advanced to the agent who is to make the purchase from the
18Professional Regulation Evidence Fund on vouchers signed by the
19Director. The Director and those agents are authorized to
20maintain one or more commercial checking accounts with any
21State banking corporation or corporations organized under or
22subject to the Illinois Banking Act for the deposit and
23withdrawal of moneys to be used for the purposes set forth in
24this Section; provided, that no check may be written nor any
25withdrawal made from any such account except upon the written
26signatures of 2 persons designated by the Director to write

 

 

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1those checks and make those withdrawals. Vouchers for those
2expenditures must be signed by the Director. All such
3expenditures shall be audited by the Director, and the audit
4shall be submitted to the Department of Central Management
5Services for approval.
6    (d) Whenever the Department is authorized or required by
7law to consider some aspect of criminal history record
8information for the purpose of carrying out its statutory
9powers and responsibilities, then, upon request and payment of
10fees in conformance with the requirements of Section 2605-400
11of the Department of State Police Law (20 ILCS 2605/2605-400),
12the Department of State Police is authorized to furnish,
13pursuant to positive identification, the information contained
14in State files that is necessary to fulfill the request.
15    (e) The provisions of this Section do not apply to private
16business and vocational schools as defined by Section 15 of the
17Private Business and Vocational Schools Act of 2012.
18    (f) (Blank).
19    (f-5) Notwithstanding anything that may appear in any
20individual licensing statute or administrative rule, the
21Department shall allow an applicant to provide his or her
22individual taxpayer identification number as an alternative to
23providing a social security number when applying for a license.
24    (g) Notwithstanding anything that may appear in any
25individual licensing statute or administrative rule, the
26Department shall deny any license application or renewal

 

 

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1authorized under any licensing Act administered by the
2Department to any person who has failed to file a return, or to
3pay the tax, penalty, or interest shown in a filed return, or
4to pay any final assessment of tax, penalty, or interest, as
5required by any tax Act administered by the Illinois Department
6of Revenue, until such time as the requirement of any such tax
7Act are satisfied; however, the Department may issue a license
8or renewal if the person has established a satisfactory
9repayment record as determined by the Illinois Department of
10Revenue. For the purpose of this Section, "satisfactory
11repayment record" shall be defined by rule.
12    In addition, a complaint filed with the Department by the
13Illinois Department of Revenue that includes a certification,
14signed by its Director or designee, attesting to the amount of
15the unpaid tax liability or the years for which a return was
16not filed, or both, is prima facie evidence of the licensee's
17failure to comply with the tax laws administered by the
18Illinois Department of Revenue. Upon receipt of that
19certification, the Department shall, without a hearing,
20immediately suspend all licenses held by the licensee.
21Enforcement of the Department's order shall be stayed for 60
22days. The Department shall provide notice of the suspension to
23the licensee by mailing a copy of the Department's order to the
24licensee's address of record or emailing a copy of the order to
25the licensee's email address of record. The notice shall advise
26the licensee that the suspension shall be effective 60 days

 

 

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1after the issuance of the Department's order unless the
2Department receives, from the licensee, a request for a hearing
3before the Department to dispute the matters contained in the
4order.
5    Any suspension imposed under this subsection (g) shall be
6terminated by the Department upon notification from the
7Illinois Department of Revenue that the licensee is in
8compliance with all tax laws administered by the Illinois
9Department of Revenue.
10    The Department may promulgate rules for the administration
11of this subsection (g).
12    (h) The Department may grant the title "Retired", to be
13used immediately adjacent to the title of a profession
14regulated by the Department, to eligible retirees. For
15individuals licensed under the Medical Practice Act of 1987,
16the title "Retired" may be used in the profile required by the
17Patients' Right to Know Act. The use of the title "Retired"
18shall not constitute representation of current licensure,
19registration, or certification. Any person without an active
20license, registration, or certificate in a profession that
21requires licensure, registration, or certification shall not
22be permitted to practice that profession.
23    (i) The Department shall make available on its website
24general information explaining how the Department utilizes
25criminal history information in making licensure application
26decisions, including a list of enumerated offenses that serve

 

 

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1as a statutory bar to licensure.
2    (j) The Department shall process an application for a
3license within 4 weeks after receiving a complete application
4that contains no deficiencies.
5(Source: P.A. 100-262, eff. 8-22-17; 100-863, eff. 8-14-18;
6100-872, eff. 8-14-18; 100-883, eff. 8-14-18; 100-1078, eff.
71-1-19; 101-81, eff. 7-12-19; 101-221, eff. 1-1-20.)