Illinois General Assembly - Full Text of HB5147
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Full Text of HB5147  103rd General Assembly

HB5147 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5147

 

Introduced 2/9/2024, by Rep. Christopher "C.D." Davidsmeyer

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 5/14  from Ch. 111, par. 7614
225 ILCS 20/13  from Ch. 111, par. 6363
225 ILCS 30/85  from Ch. 111, par. 8401-85
225 ILCS 57/80
225 ILCS 75/16  from Ch. 111, par. 3716
225 ILCS 85/27  from Ch. 111, par. 4147
225 ILCS 115/14  from Ch. 111, par. 7014
225 ILCS 410/4-5  from Ch. 111, par. 1704-5
225 ILCS 447/50-30

    Amends the Illinois Athletic Trainers Practice Act, the Clinical Social Work and Social Work Practice Act, the Dietitian Nutritionist Practice Act, the Massage Licensing Act, the Illinois Occupational Therapy Practice Act, the Pharmacy Practice Act, the Veterinary Medicine and Surgery Practice Act of 2004, the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985, and the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Provides the maximum fees for original licensure and renewal of licensure for professions licensed under the Acts. Provides that the total fees required by the Department of Financial and Professional Regulation to enter a profession shall not exceed double the original license fee.


LRB103 38324 RTM 68459 b

 

 

A BILL FOR

 

HB5147LRB103 38324 RTM 68459 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 Illinois Athletic Trainers Practice Act is
5amended by changing Section 14 as follows:
 
6    (225 ILCS 5/14)  (from Ch. 111, par. 7614)
7    (Section scheduled to be repealed on January 1, 2026)
8    Sec. 14. Fees; returned checks. The fees for
9administration and enforcement of this Act, including but not
10limited to original licensure, renewal, and restoration shall
11be set by rule. The fees shall be non-refundable. The fee for
12original licensure as an athletic trainer shall not exceed
13$100. The fee for renewal of licensure as an athletic trainer
14shall be calculated at a rate not to exceed $50 per year. The
15total fees required by the Department to enter the profession
16shall not exceed double the original license fee.
17    Any person who delivers a check or other payment to the
18Department that is returned to the Department unpaid by the
19financial institution upon which it is drawn shall pay to the
20Department, in addition to the amount already owed to the
21Department, a fine of $50.
22    The fines imposed by this Section are in addition to any
23other discipline provided under this Act for unlicensed

 

 

HB5147- 2 -LRB103 38324 RTM 68459 b

1practice or practice on a nonrenewed license. The Department
2shall notify the person that payment of fees and fines shall be
3paid to the Department by certified check or money order
4within 30 calendar days of the notification. If, after the
5expiration of 30 days from the date of the notification, the
6person has failed to submit the necessary remittance, the
7Department shall automatically terminate the license or
8certificate or deny the application, without hearing. If,
9after termination or denial, the person seeks a license or
10certificate, he or she shall apply to the Department for
11restoration or issuance of the license or certificate and pay
12all fees and fines due to the Department. The Department may
13establish a fee for the processing of an application for
14restoration of a license or certificate to pay all expenses of
15processing this application. The Secretary may waive the fines
16due under this Section in individual cases where the Secretary
17finds that the fines would be unreasonable or unnecessarily
18burdensome.
19(Source: P.A. 99-469, eff. 8-26-15.)
 
20    Section 10. The Clinical Social Work and Social Work
21Practice Act is amended by changing Section 13 as follows:
 
22    (225 ILCS 20/13)  (from Ch. 111, par. 6363)
23    (Section scheduled to be repealed on January 1, 2028)
24    Sec. 13. Fees.

 

 

HB5147- 3 -LRB103 38324 RTM 68459 b

1    (a) Except as provided in subsection (b), the fees for the
2administration and enforcement of this Act, including but not
3limited to fees for original licensure, renewal, and
4restoration, shall be set by rule. The fees shall not be
5refundable. The fee for original licensure as a social worker
6continuing education sponsor shall not exceed $250. The fee
7for original licensure as a social worker shall not exceed
8$50. The fee for original licensure as a clinical social
9worker shall not exceed $50. The fee for renewal of licensure
10as a social worker continuing education sponsor shall be
11calculated at a rate not to exceed $125 per year. The fee for
12renewal of licensure as a social worker shall be calculated at
13a rate not to exceed $25 per year. The fee for renewal of
14licensure as a clinical social worker shall not exceed $25 per
15year. The total fees required by the Department to enter a
16profession shall not exceed double the original license fee.
17    (b) Applicants for examination shall be required to pay,
18either to the Department or the designated testing service, a
19fee covering the cost of initial screening to determine
20eligibility and providing the examination. Failure to appear
21for the examination on the scheduled date at the time and place
22specified, after the applicant's application for examination
23has been received and acknowledged by the Department or the
24designated testing service, shall result in the forfeiture of
25the examination fee.
26(Source: P.A. 90-150, eff. 12-30-97.)
 

 

 

HB5147- 4 -LRB103 38324 RTM 68459 b

1    Section 15. The Dietitian Nutritionist Practice Act is
2amended by changing Section 85 as follows:
 
3    (225 ILCS 30/85)  (from Ch. 111, par. 8401-85)
4    (Section scheduled to be repealed on January 1, 2028)
5    Sec. 85. Fees. The Department shall provide by rule for a
6schedule of fees for the administration and enforcement of
7this Act, including, but not limited to, original licensure,
8registration, renewal, and restoration. The fees shall be
9nonrefundable. The fee for original licensure as a dietitian
10nutritionist shall not exceed $50. The fee for renewal of
11licensure as a dietitian nutritionist shall be calculated at a
12rate not to exceed $25 per year. The total fees required by the
13Department to enter the profession shall not exceed double the
14original license fee.
15    All fees, fines, and penalties collected under this Act
16shall be deposited into the General Professions Dedicated Fund
17and shall be appropriated to the Department for the ordinary
18and contingent expenses of the Department in the
19administration of this Act.
20(Source: P.A. 97-1141, eff. 12-28-12.)
 
21    Section 20. The Massage Licensing Act is amended by
22changing Section 80 as follows:
 

 

 

HB5147- 5 -LRB103 38324 RTM 68459 b

1    (225 ILCS 57/80)
2    (Section scheduled to be repealed on January 1, 2027)
3    Sec. 80. Fees. The fee for original licensure as a massage
4therapist shall not exceed $100. The fee for renewal of
5licensure as a massage therapist shall be calculated at a rate
6not to exceed $50 per year. The total fees required by the
7Department to enter the profession shall not exceed double the
8original license fee. The fees assessed under this Act shall
9be set by rule.
10(Source: P.A. 92-860, eff. 6-1-03.)
 
11    Section 25. The Illinois Occupational Therapy Practice Act
12is amended by changing Section 16 as follows:
 
13    (225 ILCS 75/16)  (from Ch. 111, par. 3716)
14    (Section scheduled to be repealed on January 1, 2029)
15    Sec. 16. Fees; returned checks. The fees for the
16administration and enforcement of this Act, including, but not
17limited to, original certification, renewal, and restoration
18of a license issued under this Act, shall be set by rule. The
19fees shall be non-refundable. The fee for original licensure
20as an occupational therapist shall not exceed $40. The fee for
21renewal of licensure as an occupational therapist shall be
22calculated at a rate not to exceed $20 per year. The total fees
23required by the Department to enter the profession shall not
24exceed double the original license fee.

 

 

HB5147- 6 -LRB103 38324 RTM 68459 b

1    Any person who delivers a check or other payment to the
2Department that is returned to the Department unpaid by the
3financial institution upon which it is drawn shall pay to the
4Department, in addition to the amount already owed to the
5Department, a fine of $50. The fines imposed by this Section
6are in addition to any other discipline provided under this
7Act for unlicensed practice or practice on a nonrenewed
8license. The Department shall notify the person that payment
9of fees and fines shall be paid to the Department by certified
10check or money order within 30 calendar days of the
11notification. If, after the expiration of 30 days from the
12date of the notification, the person has failed to submit the
13necessary remittance, the Department shall automatically
14terminate the license or certificate or deny the application,
15without hearing. If, after termination or denial, the person
16seeks a license or certificate, the person shall apply to the
17Department for restoration or issuance of the license or
18certificate and pay all fees and fines due to the Department.
19The Department may establish a fee for the processing of an
20application for restoration of a license or certificate to pay
21all expenses of processing this application. The Secretary may
22waive the fines due under this Section in individual cases
23where the Secretary finds that the fines would be unreasonable
24or unnecessarily burdensome.
25(Source: P.A. 103-251, eff. 1-1-24.)
 

 

 

HB5147- 7 -LRB103 38324 RTM 68459 b

1    Section 30. The Pharmacy Practice Act is amended by
2changing Section 27 as follows:
 
3    (225 ILCS 85/27)  (from Ch. 111, par. 4147)
4    (Section scheduled to be repealed on January 1, 2028)
5    Sec. 27. Fees.
6    (a) The Department shall, by rule, provide for a schedule
7of fees to be paid for licenses and certificates. These fees
8shall be for the administration and enforcement of this Act,
9including without limitation original licensure and renewal
10and restoration of licensure. All fees are nonrefundable. The
11fee for original licensure as a pharmacy technician shall not
12exceed $40. The fee for renewal of licensure as a pharmacy
13technician shall be calculated at a rate not to exceed $20 per
14year. The total fees required by the Department to enter the
15profession shall not exceed double the original license fee.
16    (b) Applicants for any examination as a pharmacist shall
17be required to pay, either to the Department or to the
18designated testing service, a fee covering the cost of
19determining an applicant's eligibility and providing the
20examination. Failure to appear for the examination on the
21scheduled date, at the time and place specified, after the
22applicant's application for examination has been received and
23acknowledged by the Department or the designated testing
24service, shall result in the forfeiture of the examination
25fee.

 

 

HB5147- 8 -LRB103 38324 RTM 68459 b

1    (c) Applicants for the preliminary diagnostic examination
2shall be required to pay, either to the Department or to the
3designated testing service, a fee covering the cost of
4determining an applicant's eligibility and providing the
5examination. Failure to appear for the examination on the
6scheduled date, at the time and place specified, after the
7application for examination has been received and acknowledged
8by the Department or the designated testing service, shall
9result in the forfeiture of the examination fee.
10    (d) All fees, fines, or penalties received by the
11Department under this Act shall be deposited in the Illinois
12State Pharmacy Disciplinary Fund hereby created in the State
13Treasury and shall be used by the Department in the exercise of
14its powers and performance of its duties under this Act,
15including, but not limited to, the provision for evidence in
16pharmacy investigations.
17    Moneys in the Fund may be transferred to the Professions
18Indirect Cost Fund as authorized under Section 2105-300 of the
19Department of Professional Regulation Law (20 ILCS
202105/2105-300).
21    The moneys deposited in the Illinois State Pharmacy
22Disciplinary Fund shall be invested to earn interest which
23shall accrue to the Fund.
24    (e) From the money received for license renewal fees, $5
25from each pharmacist fee, and $2.50 from each pharmacy
26technician fee, shall be set aside within the Illinois State

 

 

HB5147- 9 -LRB103 38324 RTM 68459 b

1Pharmacy Disciplinary Fund for the purpose of supporting a
2substance abuse program for pharmacists and pharmacy
3technicians.
4    (f) A pharmacy, manufacturer of controlled substances, or
5wholesale distributor of controlled substances that is
6licensed under this Act and owned and operated by the State is
7exempt from licensure, renewal, and other fees required under
8this Act.
9    Pharmacists and pharmacy technicians working in facilities
10owned and operated by the State are not exempt from the payment
11of fees required by this Act and any rules adopted under this
12Act.
13    Nothing in this subsection (f) shall be construed to
14prohibit the Department from imposing any fine or other
15penalty allowed under this Act.
16(Source: P.A. 100-497, eff. 9-8-17.)
 
17    Section 35. The Veterinary Medicine and Surgery Practice
18Act of 2004 is amended by changing Section 14 as follows:
 
19    (225 ILCS 115/14)  (from Ch. 111, par. 7014)
20    (Section scheduled to be repealed on January 1, 2029)
21    Sec. 14. Fees. The Department shall provide by rule for a
22schedule of fees for the administration and enforcement of
23this Act, including but not limited to original licensure,
24renewal, and restoration of a license issued under this Act.

 

 

HB5147- 10 -LRB103 38324 RTM 68459 b

1The fees shall be nonrefundable. The fee for original
2licensure as a veterinary technician shall not exceed $50. The
3fee for renewal of licensure as a veterinary technician shall
4be calculated at a rate not to exceed $25 per year. The total
5fees required by the Department to enter the profession shall
6not exceed double the original license fee.
7    All fees, fines, and penalties collected under this Act
8shall be deposited into the General Professions Dedicated Fund
9and shall be appropriated to the Department for the ordinary
10and contingent expenses of the Department in the
11administration of this Act.
12(Source: P.A. 98-339, eff. 12-31-13.)
 
13    Section 40. The Barber, Cosmetology, Esthetics, Hair
14Braiding, and Nail Technology Act of 1985 is amended by
15changing Section 4-5 as follows:
 
16    (225 ILCS 410/4-5)  (from Ch. 111, par. 1704-5)
17    (Section scheduled to be repealed on January 1, 2026)
18    Sec. 4-5. Fees; time limitations.
19    (a) Except as provided in paragraph (b) below, the fees
20for the administration and enforcement of this Act, including
21but not limited to fees for original licensure, renewal, and
22restoration shall be set by the Department by rule. The fees
23shall not be refundable. The fee for original licensure as a
24barber, cosmetologist, esthetician, hair braider, or nail

 

 

HB5147- 11 -LRB103 38324 RTM 68459 b

1technician shall not exceed $30. The fee for renewal of
2licensure as a barber, cosmetologist, esthetician, hair
3braider, or nail technician shall be calculated at a rate not
4to exceed $15 per year. The total fees required by the
5Department to enter a profession shall not exceed double the
6original license fee.
7    (b) Applicants for examination shall be required to pay,
8either to the Department or the designated testing service, a
9fee covering the cost of initial screening to determine
10eligibility and providing the examination. Failure to appear
11for the examination on the scheduled date at the time and place
12specified, after the applicant's application for examination
13has been received and acknowledged by the Department or the
14designated testing service, shall result in the forfeiture of
15the examination fee.
16    (c) If an applicant fails to pass an examination for
17licensure under this Act within 3 years after filing his
18application, the application shall be denied. However, such
19applicant may thereafter make a new application for
20examination accompanied by the required fee.
21    (d) An individual applying on the basis of endorsement or
22restoration of licensure has 3 years from the date of
23application to complete the application process. If the
24process has not been completed in 3 years, the application
25shall be denied, the fee forfeited. The applicant may reapply,
26but shall meet the requirements in effect at the time of

 

 

HB5147- 12 -LRB103 38324 RTM 68459 b

1reapplication.
2    (e) An applicant has one year from the date of
3notification of successful completion of the examination to
4apply to the Department for a license. If an applicant fails to
5apply within one year the applicant shall be required to take
6and pass the examination again.
7(Source: P.A. 99-427, eff. 8-21-15.)
 
8    Section 45. The Private Detective, Private Alarm, Private
9Security, Fingerprint Vendor, and Locksmith Act of 2004 is
10amended by changing Section 50-30 as follows:
 
11    (225 ILCS 447/50-30)
12    (Section scheduled to be repealed on January 1, 2029)
13    Sec. 50-30. Fees; deposit of fees and fines. The
14Department shall by rule provide for fees for the
15administration and enforcement of this Act, and those fees are
16nonrefundable. The fee for original licensure as a private
17detective, alarm contractor, private security, fingerprint
18vender, or locksmith shall not exceed $150. The fee for
19renewal of licensure as a private detective, alarm contractor,
20private security, fingerprint vender, or locksmith shall not
21exceed $75. The total fees required by the Department to enter
22a profession shall not exceed double the original license fee.
23Applicants for examination shall be required to pay a fee to
24either the Department or the designated testing service to

 

 

HB5147- 13 -LRB103 38324 RTM 68459 b

1cover the cost of providing the examination. If an applicant
2fails to appear for the examination on the scheduled date at
3the time and place specified by the Department or designated
4testing service, then the applicant's examination fee shall be
5forfeited. All of the fees and fines collected under this Act
6shall be deposited into the General Professions Dedicated Fund
7and be appropriated to the Department for the ordinary and
8contingent expenses of the Department in the administration
9and enforcement of this Act.
10(Source: P.A. 96-1445, eff. 8-20-10.)