Full Text of HB4071 97th General Assembly
HB4071 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB4071 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: |
|
225 ILCS 60/21 | from Ch. 111, par. 4400-21 |
|
Amends the Medical Practice Act of 1987. Increases various fees concerning licenses and renewal of licenses under the Act. Effective immediately.
|
| |
| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
| | | HB4071 | | LRB097 16032 CEL 61184 b |
|
| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Medical Practice Act of 1987 is amended by | 5 | | changing Section 21 as follows:
| 6 | | (225 ILCS 60/21) (from Ch. 111, par. 4400-21)
| 7 | | (Section scheduled to be repealed on December 31, 2012)
| 8 | | Sec. 21. License renewal; restoration; inactive status; | 9 | | disposition and
collection of fees. | 10 | | (A) Renewal. The expiration date and renewal period for | 11 | | each
license issued under this Act shall be set by rule. The | 12 | | holder of a
license may renew the license by paying the | 13 | | required fee. The
holder of a
license may also renew the | 14 | | license within 90 days after its expiration by
complying with | 15 | | the requirements for renewal and payment of an additional
fee. | 16 | | A license renewal within 90 days after expiration shall be | 17 | | effective
retroactively to the expiration date.
| 18 | | The Department shall mail to each licensee under this
Act, | 19 | | at his or her address of record, at least
60 days
in advance of | 20 | | the expiration date of his or her license, a renewal notice. No | 21 | | such
license shall be deemed to have lapsed until 90 days after | 22 | | the expiration
date and after such notice has been mailed by | 23 | | the
Department as herein provided.
|
| | | HB4071 | - 2 - | LRB097 16032 CEL 61184 b |
|
| 1 | | (B) Restoration. Any licensee who has permitted his or her
| 2 | | license to lapse or who has had his or her license on inactive
| 3 | | status may have his or her license restored by making | 4 | | application
to the Department and filing proof acceptable to | 5 | | the
Department of his or her fitness to have the
license | 6 | | restored,
including evidence certifying to active practice in | 7 | | another
jurisdiction satisfactory to the Department, proof of | 8 | | meeting the continuing
education requirements for one renewal | 9 | | period, and by paying
the required restoration fee.
| 10 | | If the licensee has not maintained an active practice
in | 11 | | another jurisdiction satisfactory to the Department, the
| 12 | | Licensing Board shall determine, by an evaluation program
| 13 | | established by rule, the applicant's fitness to resume active
| 14 | | status
and may require the licensee to complete a period of
| 15 | | evaluated clinical experience and may require successful
| 16 | | completion of a practical examination specified by the | 17 | | Licensing Board.
| 18 | | However, any registrant whose license has expired while
he | 19 | | or she has been engaged (a) in Federal Service on active
duty
| 20 | | with the Army of the United States, the United States Navy,
the | 21 | | Marine Corps, the Air Force, the Coast Guard, the Public
Health | 22 | | Service or the State Militia called into the service
or | 23 | | training of the United States of America, or (b) in
training or | 24 | | education under the supervision of the United
States | 25 | | preliminary to induction into the military service,
may have | 26 | | his or her license reinstated or restored without paying
any |
| | | HB4071 | - 3 - | LRB097 16032 CEL 61184 b |
|
| 1 | | lapsed renewal fees, if within 2 years after honorable
| 2 | | termination of such service, training, or education, he or she
| 3 | | furnishes to the Department with satisfactory evidence to the
| 4 | | effect that he or she has been so engaged and that his or
her
| 5 | | service, training, or education has been so terminated.
| 6 | | (C) Inactive licenses. Any licensee who notifies the
| 7 | | Department, in writing on forms prescribed by the
Department, | 8 | | may elect to place his or her license on an inactive
status and | 9 | | shall, subject to rules of the Department, be
excused from | 10 | | payment of renewal fees until he or she notifies the
Department | 11 | | in writing of his or her desire to resume active
status.
| 12 | | Any licensee requesting restoration from inactive
status | 13 | | shall be required to pay the current renewal fee, provide proof | 14 | | of
meeting the continuing education requirements for the period | 15 | | of time the
license is inactive not to exceed one renewal | 16 | | period, and
shall be required to restore his or her license as | 17 | | provided
in
subsection (B).
| 18 | | Any licensee whose license is in an inactive status
shall | 19 | | not practice in the State of Illinois.
| 20 | | (D) Disposition of monies collected. All monies
collected | 21 | | under this Act by the Department shall be
deposited in the | 22 | | Illinois State Medical Disciplinary Fund in
the State Treasury, | 23 | | and used only for the following
purposes: (a) by the | 24 | | Disciplinary
Board and Licensing Board in the exercise of its | 25 | | powers and performance of its
duties, as such use is made by | 26 | | the Department with full
consideration of all recommendations |
| | | HB4071 | - 4 - | LRB097 16032 CEL 61184 b |
|
| 1 | | of the
Disciplinary Board and Licensing Board, (b) for costs | 2 | | directly related to
persons licensed under this Act, and (c) | 3 | | for direct and allocable indirect
costs related to the public | 4 | | purposes of the Department.
| 5 | | Moneys in the Fund may be transferred to the Professions | 6 | | Indirect Cost Fund
as authorized under Section 2105-300 of the | 7 | | Department of Professional
Regulation Law (20 ILCS | 8 | | 2105/2105-300).
| 9 | | All earnings received from investment of monies in the
| 10 | | Illinois State Medical Disciplinary Fund shall be deposited
in | 11 | | the Illinois State Medical Disciplinary Fund and shall be
used | 12 | | for the same purposes as fees deposited in such Fund.
| 13 | | (E) Fees. The following fees are nonrefundable.
| 14 | | (1) Applicants for any examination shall be required
to | 15 | | pay, either to the Department or to the designated
testing | 16 | | service, a fee covering the cost of determining the
| 17 | | applicant's eligibility and providing the examination.
| 18 | | Failure to appear for the examination on the scheduled | 19 | | date,
at the time and place specified, after the | 20 | | applicant's
application for examination has been received | 21 | | and
acknowledged by the Department or the designated | 22 | | testing
service, shall result in the forfeiture of the | 23 | | examination
fee.
| 24 | | (2) The fee for a license under Section 9 of this Act
| 25 | | is $600 $300 .
| 26 | | (3) The fee for a license under Section 19 of this Act
|
| | | HB4071 | - 5 - | LRB097 16032 CEL 61184 b |
|
| 1 | | is $600 $300 .
| 2 | | (4) The fee for the renewal of a license for a resident | 3 | | of Illinois
shall be calculated at the rate of $200 $100 | 4 | | per year, except for licensees
who were issued a license | 5 | | within 12 months of the expiration date of the
license, the | 6 | | fee for the renewal shall be $200 $100 .
The fee for the | 7 | | renewal
of a license for a nonresident shall be calculated | 8 | | at the rate of $400 $200 per
year, except for licensees
who | 9 | | were issued a license within 12 months of the expiration | 10 | | date of the
license, the fee for the renewal shall be $400 | 11 | | $200 .
| 12 | | (5) The fee for the restoration of a license other
than | 13 | | from inactive status, is $200 $100 . In addition, payment of | 14 | | all
lapsed renewal fees not to exceed $1,200 $600 is | 15 | | required.
| 16 | | (6) The fee for a 3-year temporary license under
| 17 | | Section 17 is $200 $100 .
| 18 | | (7) The fee for the issuance of a duplicate license,
| 19 | | for the issuance of a replacement license for a license
| 20 | | which has been lost or destroyed, or for the issuance of a
| 21 | | license with a change of name or address other than during
| 22 | | the renewal period is $20. No fee is required for name and
| 23 | | address changes on Department records when no duplicate
| 24 | | license is issued.
| 25 | | (8) The fee to be paid for a license record for any
| 26 | | purpose is $20.
|
| | | HB4071 | - 6 - | LRB097 16032 CEL 61184 b |
|
| 1 | | (9) The fee to be paid to have the scoring of an
| 2 | | examination, administered by the Department, reviewed and
| 3 | | verified, is $20 plus any fees charged by the applicable
| 4 | | testing service.
| 5 | | (10) The fee to be paid by a licensee for a wall
| 6 | | certificate showing his or her license shall be the actual | 7 | | cost
of producing the certificate as determined by the | 8 | | Department.
| 9 | | (11) The fee for a roster of persons licensed as
| 10 | | physicians in this State shall be the actual cost of
| 11 | | producing such a roster as determined by the Department.
| 12 | | (F) Any person who delivers a check or other payment to the | 13 | | Department that
is returned to the Department unpaid by the | 14 | | financial institution upon
which it is drawn shall pay to the | 15 | | Department, in addition to the amount
already owed to the | 16 | | Department, a fine of $50. The fines imposed by this Section | 17 | | are in addition
to any other discipline provided under this Act | 18 | | for unlicensed
practice or practice on a nonrenewed license. | 19 | | The Department shall notify
the person that payment of fees and | 20 | | fines shall be paid to the Department
by certified check or | 21 | | money order within 30 calendar days of the
notification. If, | 22 | | after the expiration of 30 days from the date of the
| 23 | | notification, the person has failed to submit the necessary | 24 | | remittance, the
Department shall automatically terminate the | 25 | | license or certificate or deny
the application, without | 26 | | hearing. If, after termination or denial, the
person seeks a |
| | | HB4071 | - 7 - | LRB097 16032 CEL 61184 b |
|
| 1 | | license or certificate, he or she shall apply to the
Department | 2 | | for restoration or issuance of the license or certificate and
| 3 | | pay all fees and fines due to the Department. The Department | 4 | | may establish
a fee for the processing of an application for | 5 | | restoration of a license or
certificate to pay all expenses of | 6 | | processing this application. The Secretary
may waive the fines | 7 | | due under this Section in individual cases where the
Secretary | 8 | | finds that the fines would be unreasonable or unnecessarily
| 9 | | burdensome.
| 10 | | (Source: P.A. 97-622, eff. 11-23-11.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.
|
|