HB4975 Engrossed LRB096 17969 ASK 33338 b

1     AN ACT concerning State government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Department of Professional Regulation Law of
5 the Civil Administrative Code of Illinois is amended by adding
6 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
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

 

 

HB4975 Engrossed - 2 - LRB096 17969 ASK 33338 b

1     status.
2     (b) An application to make disciplinary records
3 confidential shall only be considered by the Department for an
4 offense 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
15 the Director of the Division of Professional Regulation upon
16 submission of an application and the required non-refundable
17 fee. The Department may establish additional requirements by
18 rule. The Department is not required to report the removal of
19 any disciplinary record to any national database. Nothing in
20 this Section shall prohibit the Department from using a
21 previous discipline for any regulatory purpose or from
22 releasing records of a previous discipline upon request from
23 law enforcement, or other governmental body as permitted by
24 law. Classification of records as confidential shall result in
25 removal of records of discipline from records kept pursuant to
26 Sections 2105-200 and 2105-205 of this Act.
 

 

 

HB4975 Engrossed - 3 - LRB096 17969 ASK 33338 b

1     Section 10. The Health Care Professional Credentials Data
2 Collection Act is amended by adding Section 51 as follows:
 
3     (410 ILCS 517/51 new)
4     Sec. 51. Licensure records. Licensure records designated
5 confidential and considered expunged for reporting purposes by
6 the licensee under Section 2105-207 of the Civil Administrative
7 Code are not reportable under this Act.
 
8     Section 99. Effective date. This Act takes effect upon
9 becoming law.