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


Rep. Michael Halpin

Filed: 3/25/2022





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2    AMENDMENT NO. ______. Amend Senate Bill 670 by replacing
3everything after the enacting clause with the following:
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



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1    wholly impartial method of examination of candidates to
2    exercise the respective professions, trades, or
3    occupations.
4        (3) To pass upon the qualifications of applicants for
5    licenses, registrations, certificates, and authorities,
6    whether by examination, by reciprocity, or by endorsement.
7        (4) To prescribe rules and regulations defining, for
8    the respective professions, trades, and occupations, what
9    shall constitute a school, college, or university, or
10    department of a university, or other institution,
11    reputable and in good standing, and to determine the
12    reputability and good standing of a school, college, or
13    university, or department of a university, or other
14    institution, reputable and in good standing, by reference
15    to a compliance with those rules and regulations;
16    provided, that no school, college, or university, or
17    department of a university, or other institution that
18    refuses admittance to applicants solely on account of
19    race, color, creed, sex, sexual orientation, or national
20    origin shall be considered reputable and in good standing.
21        (5) To conduct hearings on proceedings to revoke,
22    suspend, refuse to renew, place on probationary status, or
23    take other disciplinary action as authorized in any
24    licensing Act administered by the Department with regard
25    to licenses, registrations, certificates, or authorities
26    of persons exercising the respective professions, trades,



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1    or occupations and to revoke, suspend, refuse to renew,
2    place on probationary status, or take other disciplinary
3    action as authorized in any licensing Act administered by
4    the Department with regard to those licenses,
5    registrations, certificates, or authorities.
6        The Department shall issue a monthly disciplinary
7    report.
8        The Department shall refuse to issue or renew a
9    license or registration to, or shall suspend or revoke a
10    license or registration of, any person who, after
11    receiving notice, fails to comply with a subpoena or
12    warrant relating to a paternity or child support
13    proceeding. However, the Department may issue a license,
14    registration, or renewal upon compliance with the subpoena
15    or warrant.
16        The Department, without further process or hearings,
17    shall revoke, suspend, or deny any license, registration,
18    or renewal authorized by the Civil Administrative Code of
19    Illinois to a person who is certified by the Department of
20    Healthcare and Family Services (formerly Illinois
21    Department of Public Aid) as being more than 30 days
22    delinquent in complying with a child support order or who
23    is certified by a court as being in violation of the
24    Non-Support Punishment Act for more than 60 days. The
25    Department may, however, issue a license, registration, or
26    renewal if the person has established a satisfactory



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1    repayment record as determined by the Department of
2    Healthcare and Family Services (formerly Illinois
3    Department of Public Aid) or if the person is determined
4    by the court to be in compliance with the Non-Support
5    Punishment Act. The Department may implement this
6    paragraph as added by Public Act 89-6 through the use of
7    emergency rules in accordance with Section 5-45 of the
8    Illinois Administrative Procedure Act. For purposes of the
9    Illinois Administrative Procedure Act, the adoption of
10    rules to implement this paragraph shall be considered an
11    emergency and necessary for the public interest, safety,
12    and welfare.
13        (6) To transfer jurisdiction of any realty under the
14    control of the Department to any other department of the
15    State Government or to acquire or accept federal lands
16    when the transfer, acquisition, or acceptance is
17    advantageous to the State and is approved in writing by
18    the Governor.
19        (7) To formulate rules and regulations necessary for
20    the enforcement of any Act administered by the Department.
21        (8) To exchange with the Department of Healthcare and
22    Family Services information that may be necessary for the
23    enforcement of child support orders entered pursuant to
24    the Illinois Public Aid Code, the Illinois Marriage and
25    Dissolution of Marriage Act, the Non-Support of Spouse and
26    Children Act, the Non-Support Punishment Act, the Revised



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1    Uniform Reciprocal Enforcement of Support Act, the Uniform
2    Interstate Family Support Act, the Illinois Parentage Act
3    of 1984, or the Illinois Parentage Act of 2015.
4    Notwithstanding any provisions in this Code to the
5    contrary, the Department of Professional Regulation shall
6    not be liable under any federal or State law to any person
7    for any disclosure of information to the Department of
8    Healthcare and Family Services (formerly Illinois
9    Department of Public Aid) under this paragraph (8) or for
10    any other action taken in good faith to comply with the
11    requirements of this paragraph (8).
12        (8.3) To exchange information with the Department of
13    Human Rights regarding recommendations received under
14    paragraph (B) of Section 8-109 of the Illinois Human
15    Rights Act regarding a licensee or candidate for licensure
16    who has committed a civil rights violation that may lead
17    to the refusal, suspension, or revocation of a license or
18    registration from the Department.
19        (8.5) To accept continuing education credit for
20    mandated reporter training on how to recognize and report
21    child abuse offered by the Department of Children and
22    Family Services and completed by any person who holds a
23    professional license or registration issued by the
24    Department and who is a mandated reporter under the Abused
25    and Neglected Child Reporting Act. The Department shall
26    adopt any rules necessary to implement this paragraph.



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1        (9) To perform other duties prescribed by law.
2    (a-5) Except in cases involving delinquency in complying
3with a child support order or violation of the Non-Support
4Punishment Act and notwithstanding anything that may appear in
5any individual licensing Act or administrative rule, no person
6or entity whose license, registration, certificate, or
7authority has been revoked as authorized in any licensing Act
8administered by the Department may apply for restoration of
9that license, registration, certification, or authority until
103 years after the effective date of the revocation.
11    (b) (Blank).
12    (c) For the purpose of securing and preparing evidence,
13and for the purchase of controlled substances, professional
14services, and equipment necessary for enforcement activities,
15recoupment of investigative costs, and other activities
16directed at suppressing the misuse and abuse of controlled
17substances, including those activities set forth in Sections
18504 and 508 of the Illinois Controlled Substances Act, the
19Director and agents appointed and authorized by the Director
20may expend sums from the Professional Regulation Evidence Fund
21that the Director deems necessary from the amounts
22appropriated for that purpose. Those sums may be advanced to
23the agent when the Director deems that procedure to be in the
24public interest. Sums for the purchase of controlled
25substances, professional services, and equipment necessary for
26enforcement activities and other activities as set forth in



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1this Section shall be advanced to the agent who is to make the
2purchase from the Professional Regulation Evidence Fund on
3vouchers signed by the Director. The Director and those agents
4are authorized to maintain one or more commercial checking
5accounts with any State banking corporation or corporations
6organized under or subject to the Illinois Banking Act for the
7deposit and withdrawal of moneys to be used for the purposes
8set forth in this Section; provided, that no check may be
9written nor any withdrawal made from any such account except
10upon the written signatures of 2 persons designated by the
11Director to write those checks and make those withdrawals.
12Vouchers for those expenditures must be signed by the
13Director. All such expenditures shall be audited by the
14Director, and the audit shall be submitted to the Department
15of Central Management Services for approval.
16    (d) Whenever the Department is authorized or required by
17law to consider some aspect of criminal history record
18information for the purpose of carrying out its statutory
19powers and responsibilities, then, upon request and payment of
20fees in conformance with the requirements of Section 2605-400
21of the Illinois State Police Law, the Illinois State Police is
22authorized to furnish, pursuant to positive identification,
23the information contained in State files that is necessary to
24fulfill the request.
25    (e) The provisions of this Section do not apply to private
26business and vocational schools as defined by Section 15 of



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1the Private Business and Vocational Schools Act of 2012.
2    (f) (Blank).
3    (f-5) Notwithstanding anything that may appear in any
4individual licensing statute or administrative rule, the
5Department shall allow an applicant to provide his or her
6individual taxpayer identification number as an alternative to
7providing a social security number when applying for a license
8or registration.
9    (g) Notwithstanding anything that may appear in any
10individual licensing statute or administrative rule, the
11Department shall deny any license or registration application
12or renewal authorized under any licensing Act administered by
13the Department to any person who has failed to file a return,
14or to pay the tax, penalty, or interest shown in a filed
15return, or to pay any final assessment of tax, penalty, or
16interest, as required by any tax Act administered by the
17Illinois Department of Revenue, until such time as the
18requirement of any such tax Act are satisfied; however, the
19Department may issue a license, registration, or renewal if
20the person has established a satisfactory repayment record as
21determined by the Illinois Department of Revenue. For the
22purpose of this Section, "satisfactory repayment record" shall
23be defined by rule.
24    In addition, a complaint filed with the Department by the
25Illinois Department of Revenue that includes a certification,
26signed by its Director or designee, attesting to the amount of



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1the unpaid tax liability or the years for which a return was
2not filed, or both, is prima facie evidence of the licensee's
3failure to comply with the tax laws administered by the
4Illinois Department of Revenue. Upon receipt of that
5certification, the Department shall, without a hearing,
6immediately suspend all licenses held by the licensee.
7Enforcement of the Department's order shall be stayed for 60
8days. The Department shall provide notice of the suspension to
9the licensee by mailing a copy of the Department's order to the
10licensee's address of record or emailing a copy of the order to
11the licensee's email address of record. The notice shall
12advise the licensee that the suspension shall be effective 60
13days after the issuance of the Department's order unless the
14Department receives, from the licensee, a request for a
15hearing before the Department to dispute the matters contained
16in the order.
17    Any suspension imposed under this subsection (g) shall be
18terminated by the Department upon notification from the
19Illinois Department of Revenue that the licensee is in
20compliance with all tax laws administered by the Illinois
21Department of Revenue.
22    The Department may promulgate rules for the administration
23of this subsection (g).
24    (h) The Department may grant the title "Retired", to be
25used immediately adjacent to the title of a profession
26regulated by the Department, to eligible retirees. For



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1individuals licensed under the Medical Practice Act of 1987,
2the title "Retired" may be used in the profile required by the
3Patients' Right to Know Act. The use of the title "Retired"
4shall not constitute representation of current licensure,
5registration, or certification. Any person without an active
6license, registration, or certificate in a profession that
7requires licensure, registration, or certification shall not
8be permitted to practice that profession.
9    (i) The Department shall make available on its website
10general information explaining how the Department utilizes
11criminal history information in making licensure application
12decisions, including a list of enumerated offenses that serve
13as a statutory bar to licensure.
14    (j) Review of an application for a license or registration
15issued by the Department shall occur within 30 days after the
16date on which the Department receives all complete and
17necessary documentation and approval by any board or
18commission required for licensure, including any required
19information from State and federal agencies.
20    This Section shall not apply to applications that are
21complete but are referred for further review of personal
22history or disciplinary issues.
23    This Section shall not apply to interruptions caused by
24acts of God or events otherwise outside the control of the
26    For purposes of this Section, "board" or "commission"



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1includes, but is not limited to, any board created by rule,
2statute, or Executive Order either now in existence or that
3may be formed by any future rule, statute, or Executive Order
4after the effective date of this amendatory Act of the 102nd
5General Assembly.
6    Nothing in this Section shall interfere or conflict with
7Section 5-715 or hereinafter amended.
8    Nothing in this Section shall create a private right of
9action against the Department or any of its officers,
10directors, or employees.
12(Source: P.A. 101-81, eff. 7-12-19; 101-221, eff. 1-1-20;
13102-538, eff. 8-20-21.)".