Full Text of SB0670 102nd General Assembly
SB0670eng 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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Department of Professional Regulation Law | 5 | | of the
Civil Administrative Code of Illinois is amended by | 6 | | changing 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 | 10 | | Civil
Administrative Code of Illinois, the following powers | 11 | | and 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 | 20 | | with a child support order or violation of the Non-Support | 21 | | Punishment Act and notwithstanding anything that may appear in | 22 | | any individual licensing Act or administrative rule, no person | 23 | | or entity whose license, certificate, or authority has been | 24 | | revoked as authorized in any licensing Act administered by the | 25 | | Department may apply for restoration of that license, | 26 | | certification, or authority until 3 years after the effective |
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| 1 | | date of the revocation. | 2 | | (b) (Blank).
| 3 | | (c) For the purpose of securing and preparing evidence, | 4 | | and for the purchase
of controlled substances, professional | 5 | | services, and equipment necessary for
enforcement activities, | 6 | | recoupment of investigative costs, and other activities
| 7 | | directed at suppressing the misuse and abuse of controlled | 8 | | substances,
including those activities set forth in Sections | 9 | | 504 and 508 of the Illinois
Controlled Substances Act, the | 10 | | Director and agents appointed and authorized by
the Director | 11 | | may expend sums from the Professional Regulation Evidence Fund
| 12 | | that the Director deems necessary from the amounts | 13 | | appropriated for that
purpose. Those sums may be advanced to | 14 | | the agent when the Director deems that
procedure to be in the | 15 | | public interest. Sums for the purchase of controlled
| 16 | | substances, professional services, and equipment necessary for | 17 | | enforcement
activities and other activities as set forth in | 18 | | this Section shall be advanced
to the agent who is to make the | 19 | | purchase from the Professional Regulation
Evidence Fund on | 20 | | vouchers signed by the Director. The Director and those
agents | 21 | | are authorized to maintain one or more commercial checking | 22 | | accounts with
any State banking corporation or corporations | 23 | | organized under or subject to the
Illinois Banking Act for the | 24 | | deposit and withdrawal of moneys to be used for
the purposes | 25 | | set forth in this Section; provided, that no check may be | 26 | | written
nor any withdrawal made from any such account except |
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| 1 | | upon the written
signatures of 2 persons designated by the | 2 | | Director to write those checks and
make those withdrawals. | 3 | | Vouchers for those expenditures must be signed by the
| 4 | | Director. All such expenditures shall be audited by the | 5 | | Director, and the
audit shall be submitted to the Department | 6 | | of Central Management Services for
approval.
| 7 | | (d) Whenever the Department is authorized or required by | 8 | | law to consider
some aspect of criminal history record | 9 | | information for the purpose of carrying
out its statutory | 10 | | powers and responsibilities, then, upon request and payment
of | 11 | | fees in conformance with the requirements of Section 2605-400 | 12 | | of the
Department of State Police Law (20 ILCS 2605/2605-400), | 13 | | the Department of State
Police is authorized to furnish, | 14 | | pursuant to positive identification, the
information contained | 15 | | in State files that is necessary to fulfill the request.
| 16 | | (e) The provisions of this Section do not apply to private | 17 | | business and
vocational schools as defined by Section 15 of | 18 | | the Private Business and
Vocational Schools Act of 2012.
| 19 | | (f) (Blank).
| 20 | | (f-5) Notwithstanding anything that may appear in any | 21 | | individual licensing statute or administrative rule, the | 22 | | Department shall allow an applicant to provide his or her | 23 | | individual taxpayer identification number as an alternative to | 24 | | providing a social security number when applying for a | 25 | | license. | 26 | | (g) Notwithstanding anything that may appear in any |
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| 1 | | individual licensing statute or administrative rule, the | 2 | | Department shall deny any license application or renewal | 3 | | authorized under any licensing Act administered by the | 4 | | Department to any person who has failed to file a return, or to | 5 | | pay the tax, penalty, or interest shown in a filed return, or | 6 | | to pay any final assessment of tax, penalty, or interest, as | 7 | | required by any tax Act administered by the Illinois | 8 | | Department of Revenue, until such time as the requirement of | 9 | | any such tax Act are satisfied; however, the Department may | 10 | | issue a license or renewal if the person has established a | 11 | | satisfactory repayment record as determined by the Illinois | 12 | | Department 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 | 15 | | Illinois Department of Revenue that includes a certification, | 16 | | signed by its Director or designee, attesting to the amount of | 17 | | the unpaid tax liability or the years for which a return was | 18 | | not filed, or both, is prima facie evidence of the licensee's | 19 | | failure to comply with the tax laws administered by the | 20 | | Illinois Department of Revenue. Upon receipt of that | 21 | | certification, the Department shall, without a hearing, | 22 | | immediately suspend all licenses held by the licensee. | 23 | | Enforcement of the Department's order shall be stayed for 60 | 24 | | days. The Department shall provide notice of the suspension to | 25 | | the licensee by mailing a copy of the Department's order to the | 26 | | licensee's address of record or emailing a copy of the order to |
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| 1 | | the licensee's email address of record. The notice shall | 2 | | advise the licensee that the suspension shall be effective 60 | 3 | | days after the issuance of the Department's order unless the | 4 | | Department receives, from the licensee, a request for a | 5 | | hearing before the Department to dispute the matters contained | 6 | | in the order.
| 7 | | Any suspension imposed under this subsection (g) shall be | 8 | | terminated by the Department upon notification from the | 9 | | Illinois Department of Revenue that the licensee is in | 10 | | compliance with all tax laws administered by the Illinois | 11 | | Department of Revenue.
| 12 | | The Department may promulgate rules for the administration | 13 | | of this subsection (g).
| 14 | | (h) The Department may grant the title "Retired", to be | 15 | | used immediately adjacent to the title of a profession | 16 | | regulated by the Department, to eligible retirees. For | 17 | | individuals licensed under the Medical Practice Act of 1987, | 18 | | the title "Retired" may be used in the profile required by the | 19 | | Patients' Right to Know Act. The use of the title "Retired" | 20 | | shall not constitute representation of current licensure, | 21 | | registration, or certification. Any person without an active | 22 | | license, registration, or certificate in a profession that | 23 | | requires licensure, registration, or certification shall not | 24 | | be permitted to practice that profession. | 25 | | (i) The Department shall make available on its website | 26 | | general information explaining how the Department utilizes |
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| 1 | | criminal history information in making licensure application | 2 | | decisions, including a list of enumerated offenses that serve | 3 | | as a statutory bar to licensure. | 4 | | (j) The Department shall process an application for a | 5 | | license within 4 weeks after receiving a complete application | 6 | | that contains no deficiencies. | 7 | | (Source: P.A. 100-262, eff. 8-22-17; 100-863, eff. 8-14-18; | 8 | | 100-872, eff. 8-14-18; 100-883, eff. 8-14-18; 100-1078, eff. | 9 | | 1-1-19; 101-81, eff. 7-12-19; 101-221, eff. 1-1-20 .)
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