SB2537 EngrossedLRB099 20423 SMS 44920 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Regulatory Sunset Act is amended by adding
5Section 4.36a as follows:
 
6    (5 ILCS 80/4.36a new)
7    Sec. 4.36a. Act repealed on December 31, 2026. The
8following Act is repealed on December 31, 2026:
9    The Medical Practice Act of 1987.
 
10    (5 ILCS 80/4.26a rep.)
11    Section 10. The Regulatory Sunset Act is amended by
12repealing Section 4.26a.
 
13    Section 15. The Medical Practice Act of 1987 is amended by
14changing Section 21 as follows:
 
15    (225 ILCS 60/21)  (from Ch. 111, par. 4400-21)
16    (Section scheduled to be repealed on December 31, 2016)
17    Sec. 21. License renewal; reinstatement; inactive status;
18disposition and collection of fees.
19    (A) Renewal. The expiration date and renewal period for
20each license issued under this Act shall be set by rule. The

 

 

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1holder of a license may renew the license by paying the
2required fee. The holder of a license may also renew the
3license within 90 days after its expiration by complying with
4the requirements for renewal and payment of an additional fee.
5A license renewal within 90 days after expiration shall be
6effective retroactively to the expiration date.
7    The Department shall attempt to provide through electronic
8means mail to each licensee under this Act, at his or her
9address of record, at least 60 days in advance of the
10expiration date of his or her license, a renewal notice. No
11such license shall be deemed to have lapsed until 90 days after
12the expiration date and after the Department has attempted to
13provide such notice has been mailed by the Department as herein
14provided.
15    (B) Reinstatement. Any licensee who has permitted his or
16her license to lapse or who has had his or her license on
17inactive status may have his or her license reinstated by
18making application to the Department and filing proof
19acceptable to the Department of his or her fitness to have the
20license reinstated, including evidence certifying to active
21practice in another jurisdiction satisfactory to the
22Department, proof of meeting the continuing education
23requirements for one renewal period, and by paying the required
24reinstatement fee.
25    If the licensee has not maintained an active practice in
26another jurisdiction satisfactory to the Department, the

 

 

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1Licensing Board shall determine, by an evaluation program
2established by rule, the applicant's fitness to resume active
3status and may require the licensee to complete a period of
4evaluated clinical experience and may require successful
5completion of a practical examination specified by the
6Licensing Board.
7    However, any registrant whose license has expired while he
8or she has been engaged (a) in Federal Service on active duty
9with the Army of the United States, the United States Navy, the
10Marine Corps, the Air Force, the Coast Guard, the Public Health
11Service or the State Militia called into the service or
12training of the United States of America, or (b) in training or
13education under the supervision of the United States
14preliminary to induction into the military service, may have
15his or her license reinstated without paying any lapsed renewal
16fees, if within 2 years after honorable termination of such
17service, training, or education, he or she furnishes to the
18Department with satisfactory evidence to the effect that he or
19she has been so engaged and that his or her service, training,
20or education has been so terminated.
21    (C) Inactive licenses. Any licensee who notifies the
22Department, in writing on forms prescribed by the Department,
23may elect to place his or her license on an inactive status and
24shall, subject to rules of the Department, be excused from
25payment of renewal fees until he or she notifies the Department
26in writing of his or her desire to resume active status.

 

 

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1    Any licensee requesting reinstatement from inactive status
2shall be required to pay the current renewal fee, provide proof
3of meeting the continuing education requirements for the period
4of time the license is inactive not to exceed one renewal
5period, and shall be required to reinstate his or her license
6as provided in subsection (B).
7    Any licensee whose license is in an inactive status shall
8not practice in the State of Illinois.
9    (D) Disposition of monies collected. All monies collected
10under this Act by the Department shall be deposited in the
11Illinois State Medical Disciplinary Fund in the State Treasury,
12and used only for the following purposes: (a) by the
13Disciplinary Board and Licensing Board in the exercise of its
14powers and performance of its duties, as such use is made by
15the Department with full consideration of all recommendations
16of the Disciplinary Board and Licensing Board, (b) for costs
17directly related to persons licensed under this Act, and (c)
18for direct and allocable indirect costs related to the public
19purposes of the Department.
20    Moneys in the Fund may be transferred to the Professions
21Indirect Cost Fund as authorized under Section 2105-300 of the
22Department of Professional Regulation Law (20 ILCS
232105/2105-300).
24    The State Comptroller shall order and the State Treasurer
25shall transfer an amount equal to $1,100,000 from the Illinois
26State Medical Disciplinary Fund to the Local Government Tax

 

 

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1Fund on each of the following dates: July 1, 2014, October 1,
22014, January 1, 2015, July 1, 2017, October 1, 2017, and
3January 1, 2018. These transfers shall constitute repayment of
4the $6,600,000 transfer made under Section 6z-18 of the State
5Finance Act.
6    All earnings received from investment of monies in the
7Illinois State Medical Disciplinary Fund shall be deposited in
8the Illinois State Medical Disciplinary Fund and shall be used
9for the same purposes as fees deposited in such Fund.
10    (E) Fees. The following fees are nonrefundable.
11        (1) Applicants for any examination shall be required to
12    pay, either to the Department or to the designated testing
13    service, a fee covering the cost of determining the
14    applicant's eligibility and providing the examination.
15    Failure to appear for the examination on the scheduled
16    date, at the time and place specified, after the
17    applicant's application for examination has been received
18    and acknowledged by the Department or the designated
19    testing service, shall result in the forfeiture of the
20    examination fee.
21        (2) Before July 1, 2018, the fee for a license under
22    Section 9 of this Act is $700. Beginning on July 1, 2018,
23    the fee for a license under Section 9 of this Act is $500.
24        (3) Before July 1, 2018, the fee for a license under
25    Section 19 of this Act is $700. Beginning on July 1, 2018,
26    the fee for a license under Section 19 of this Act is $500.

 

 

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1        (4) Before July 1, 2018, the fee for the renewal of a
2    license for a resident of Illinois shall be calculated at
3    the rate of $230 per year, and beginning on July 1, 2018,
4    the fee for the renewal of a license shall be $167, except
5    for licensees who were issued a license within 12 months of
6    the expiration date of the license, before July 1, 2018,
7    the fee for the renewal shall be $230, and beginning on
8    July 1, 2018 that fee will be $167. Before July 1, 2018,
9    the fee for the renewal of a license for a nonresident
10    shall be calculated at the rate of $460 per year, and
11    beginning on July 1, 2018, the fee for the renewal of a
12    license for a nonresident shall be $250, except for
13    licensees who were issued a license within 12 months of the
14    expiration date of the license, before July 1, 2018, the
15    fee for the renewal shall be $460, and beginning on July 1,
16    2018 that fee will be $250.
17        (5) The fee for the reinstatement of a license other
18    than from inactive status, is $230. In addition, payment of
19    all lapsed renewal fees not to exceed $1,400 is required.
20        (6) The fee for a 3-year temporary license under
21    Section 17 is $230.
22        (7) The fee for the issuance of a duplicate license,
23    for the issuance of a replacement license for a license
24    which has been lost or destroyed, or for the issuance of a
25    license with a change of name or address other than during
26    the renewal period is $20. No fee is required for name and

 

 

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1    address changes on Department records when no duplicate
2    license is issued.
3        (8) The fee to be paid for a license record for any
4    purpose is $20.
5        (9) The fee to be paid to have the scoring of an
6    examination, administered by the Department, reviewed and
7    verified, is $20 plus any fees charged by the applicable
8    testing service.
9        (10) The fee to be paid by a licensee for a wall
10    certificate showing his or her license shall be the actual
11    cost of producing the certificate as determined by the
12    Department.
13        (11) The fee for a roster of persons licensed as
14    physicians in this State shall be the actual cost of
15    producing such a roster as determined by the Department.
16    (F) Any person who delivers a check or other payment to the
17Department that is returned to the Department unpaid by the
18financial institution upon which it is drawn shall pay to the
19Department, in addition to the amount already owed to the
20Department, a fine of $50. The fines imposed by this Section
21are in addition to any other discipline provided under this Act
22for unlicensed practice or practice on a nonrenewed license.
23The Department shall notify the person that payment of fees and
24fines shall be paid to the Department by certified check or
25money order within 30 calendar days of the notification. If,
26after the expiration of 30 days from the date of the

 

 

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1notification, the person has failed to submit the necessary
2remittance, the Department shall automatically terminate the
3license or permit or deny the application, without hearing. If,
4after termination or denial, the person seeks a license or
5permit, he or she shall apply to the Department for
6reinstatement or issuance of the license or permit and pay all
7fees and fines due to the Department. The Department may
8establish a fee for the processing of an application for
9reinstatement of a license or permit to pay all expenses of
10processing this application. The Secretary may waive the fines
11due under this Section in individual cases where the Secretary
12finds that the fines would be unreasonable or unnecessarily
13burdensome.
14(Source: P.A. 97-622, eff. 11-23-11; 98-3, eff. 3-8-13;
1598-1140, eff. 12-30-14.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.