Illinois General Assembly - Full Text of SB0670
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Full Text of SB0670  102nd General Assembly




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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
5of the 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
11and duties:
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;
9    provided, that no school, college, or university, or
10    department of a university, or other institution that
11    refuses admittance to applicants solely on account of
12    race, color, creed, sex, sexual orientation, or national
13    origin shall be considered 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
18    to 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
2    license to, or shall suspend or revoke a license of, any
3    person 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
15    by a court as being in violation of the Non-Support
16    Punishment Act for more than 60 days. The Department may,
17    however, issue a license or renewal if the person has
18    established a satisfactory repayment record as determined
19    by the Department of Healthcare and Family Services
20    (formerly Illinois Department of Public Aid) or if the
21    person is determined by the court to be in compliance with
22    the Non-Support Punishment Act. The Department may
23    implement this paragraph as added by Public Act 89-6
24    through the use of emergency rules in accordance with
25    Section 5-45 of the Illinois Administrative Procedure Act.
26    For purposes of the Illinois Administrative Procedure Act,



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



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



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1date of the revocation.
2    (b) (Blank).
3    (c) For the purpose of securing and preparing evidence,
4and for the purchase of controlled substances, professional
5services, and equipment necessary for enforcement activities,
6recoupment of investigative costs, and other activities
7directed at suppressing the misuse and abuse of controlled
8substances, including those activities set forth in Sections
9504 and 508 of the Illinois Controlled Substances Act, the
10Director and agents appointed and authorized by the Director
11may expend sums from the Professional Regulation Evidence Fund
12that the Director deems necessary from the amounts
13appropriated for that purpose. Those sums may be advanced to
14the agent when the Director deems that procedure to be in the
15public interest. Sums for the purchase of controlled
16substances, professional services, and equipment necessary for
17enforcement activities and other activities as set forth in
18this Section shall be advanced to the agent who is to make the
19purchase from the Professional Regulation Evidence Fund on
20vouchers signed by the Director. The Director and those agents
21are authorized to maintain one or more commercial checking
22accounts with any State banking corporation or corporations
23organized under or subject to the Illinois Banking Act for the
24deposit and withdrawal of moneys to be used for the purposes
25set forth in this Section; provided, that no check may be
26written nor any withdrawal made from any such account except



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



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



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1the licensee's email address of record. The notice shall
2advise the licensee that the suspension shall be effective 60
3days after the issuance of the Department's order unless the
4Department receives, from the licensee, a request for a
5hearing before the Department to dispute the matters contained
6in the order.
7    Any suspension imposed under this subsection (g) shall be
8terminated by the Department upon notification from the
9Illinois Department of Revenue that the licensee is in
10compliance with all tax laws administered by the Illinois
11Department of Revenue.
12    The Department may promulgate rules for the administration
13of this subsection (g).
14    (h) The Department may grant the title "Retired", to be
15used immediately adjacent to the title of a profession
16regulated by the Department, to eligible retirees. For
17individuals licensed under the Medical Practice Act of 1987,
18the title "Retired" may be used in the profile required by the
19Patients' Right to Know Act. The use of the title "Retired"
20shall not constitute representation of current licensure,
21registration, or certification. Any person without an active
22license, registration, or certificate in a profession that
23requires licensure, registration, or certification shall not
24be permitted to practice that profession.
25    (i) The Department shall make available on its website
26general information explaining how the Department utilizes



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1criminal history information in making licensure application
2decisions, including a list of enumerated offenses that serve
3as a statutory bar to licensure.
4    (j) The Department shall process an application for a
5license within 4 weeks after receiving a complete application
6that contains no deficiencies.
7(Source: P.A. 100-262, eff. 8-22-17; 100-863, eff. 8-14-18;
8100-872, eff. 8-14-18; 100-883, eff. 8-14-18; 100-1078, eff.
91-1-19; 101-81, eff. 7-12-19; 101-221, eff. 1-1-20.)