Section 1247.10  Application for Licensure as an Environmental Health Practitioner Under Section 21(a) or (b) of the Act (Grandfather) (Repealed)

 

(Source:  Repealed at 24 Ill. Reg. 537, effective December 31, 1999)

 

Section 1247.20  Application for Examination/Licensure as an Environmental Health Practitioner

 

a)         An applicant for licensure as an environmental health practitioner on the basis of examination or acceptance of examination shall file an application, on forms provided by the Department of Financial and Professional Regulation-Division of Professional Regulation (Division).  The application shall include:

 

1)         Verification, on forms provided by the Division, that the applicant meets one of the following qualifications:

 

A)        Holds a bachelor's degree from an accredited college or university approved by the National Environmental Health Science and Protection Accreditation Council for environmental health curricula or its equivalent as approved by the Division in accordance with Section 1247.40 of this Part;

 

B)        Holds a bachelor's degree from an accredited college or university which included a minimum of 30 semester hours, or the equivalent, of basic sciences approved by the Division in accordance with Section 1247.40 and 12 months of full-time experience as set forth in Section 1247.50; or

 

C)        Holds a master's degree in public health or environmental health science from an accredited college or university if the applicant has completed a minimum of 30 semester or equivalent hours of basic science as approved by the Division in accordance with Section 1247.40;

 

2)         The required fee set forth in Section 1247.75; and

 

3)         Certification, on forms provided by the Division, from the jurisdiction in which the applicant was originally licensed and the jurisdiction in which the applicant predominantly practices and is currently registered/licensed, if applicable, stating:

 

A)        The time during which the applicant was licensed in that jurisdiction, including the date of the original issuance of the license;

 

B)        A description of the examination in that jurisdiction; and

 

C)        Whether the file on the applicant contains any record of disciplinary actions taken or pending.

 

b)         All applicants shall be required to pass the examination required in Section 1247.30.  Those individuals who have already passed the required examination prior to application shall submit proof of passage directly to the Division.

 

(Source:  Amended at 32 Ill. Reg. 14951, effective September 3, 2008)

 

Section 1247.25 Application for Licensure as an Environmental Health Practitioner in Training

 

An applicant for licensure as an environmental health practitioner in training shall file an application, on forms provided by the Division.

 

a)         Pursuant to Section 21 of the Act, a person who, on August 22, 2002, was certified by his or her employer as serving as a sanitarian or unlicensed environmental health practitioner in environmental health practice in this State may be issued a license as an environmental health practitioner in training upon filing an application by July 1, 2003.   The application shall be filed with the Division on forms supplied by the Division and shall include:

 

1)         Verification of employment signed by the supervisor; and

 

2)         The required fee set forth in Section 1247.75.

 

b)         Individuals applying for an environmental health practitioner in training license, except for those qualified pursuant to subsection (a), shall file an application with the Division, on forms provided by the Division, that the applicant meets one of the following qualifications:

 

1)         Verification

 

A)        Holds a bachelor's degree from an accredited college or university approved by the National Environmental Health Science and Protection Accreditation Council for environmental health curricula or its equivalent as approved by the Division in accordance with Section 1247.40 of this Part;

 

B)        Holds a bachelor's degree from an accredited college or university that included a minimum of 30 semester hours, or the equivalent, of basic sciences approved by the Division in accordance with Section 1247.40; or

 

C)        Holds a master's degree in public health or environmental health science from an accredited college or university if the applicant has completed a minimum of 30 semester or equivalent hours of basic science as approved by the Division in accordance with Section 1247.40;

 

2)         The required fee set forth in Section 1247.75; and

 

3)         Certification, on forms provided by the Division, from the jurisdiction in which the applicant was originally licensed and the jurisdiction in which the applicant predominantly practices and is currently registered/licensed, if applicable, stating:

 

A)        The time during which the applicant was licensed in that jurisdiction, including the date of the original issuance of the license;

 

B)        A description of the examination in that jurisdiction; and

 

C)        Whether the file on the applicant contains any record of disciplinary actions taken or pending.

 

c)         An environmental health practitioner in training license will be issued for 3 years.If a person has not passed an examination within the 3 years, an applicant may request an extension. 

 

1)         The applicant shall request an extension in writing stating the reasons for the extension and shall pay the required fee.

 

2)         Upon the recommendation of the Environmental Health Practitioners Board (Board) and approval by the Division, an environmental health practitioner in training license shall be extended, not to exceed 3 years, for the following reasons:

 

A)        Service in the military;

 

B)        Incapacitating illness and/or hospitalization verified by a physician; or

 

C)        Other extenuating circumstances.

 

3)         In no instance can an environmental health practitioner in training license be extended that would allow an environmental health practitioner in training to practice more than 6 years.

 

(Source:  Amended at 32 Ill. Reg. 14951, effective September 3, 2008)

 

Section 1247.30  Examination

 

a)         The examination for licensure as an environmental health practitioner shall be the National Environmental Health Association (NEHA) Registered Environmental Health Specialist/Registered Sanitarian (REHS/RS) examination administered by the Division, or its designated testing service, or other testing services approved by the Division.

 

b)         The passing score on the examination shall be the passing score established by the national testing entity.

 

(Source:  Amended at 38 Ill. Reg. 20772, effective October 31, 2014)

 

Section 1247.40  Approved Programs of Environmental Health Practitioners

 

a)         The Division shall approve a bachelor's or master's program if it meets the following minimum criteria:

 

1)         The school or program is accredited by an agency recognized by the Council on Post-secondary Accreditation and the United States Department of Education or the jurisdiction in which it is located.

 

2)         The program has a sufficient number of full-time instructors to assure that educational obligations to the student are fulfilled.  The faculty must have demonstrated competence as evidenced by appropriate degrees in their area of teaching from professional colleges or institutions.

 

3)         Has a designated program director.

 

4)         Maintains permanent student records which summarize the credentials for admission, attendance, grades and other records of performance.

 

5)         Has a curriculum with a minimum of 30 semester hours, or the equivalent, of basic sciences with at least 3 hours in each of the following areas:

 

A)        Physical Sciences;

 

B)        Chemical Sciences;

 

C)        Biological Sciences; and

 

D)        Math.

 

b)         The Division shall accept a program in environmental health science from a college or university approved by the National Environmental Health Science and Protection Accreditation Council.

 

(Source:  Amended at 32 Ill. Reg. 14951, effective September 3, 2008)

 

Section 1247.50  Experience

 

a)         A minimum of 12 months of full-time experience in environmental health as defined in Section 10 of the Act is required for licensure under Section 20(1)(B) of the Act.  The technical guidance shall have been received from an individual(s) who, during the time the experience took place, was one of the following:

 

1)         A Licensed/Registered Environmental Health Practitioner.

 

2)         A Licensed Professional Engineer practicing in Environmental Health.

 

b)         Direct on-site supervision is not required.

 

c)         Full-time experience is defined as a minimum of 1,800 hours during a 12 month period.

 

Section 1247.55  Supervision

 

a)         A licensed environmental health practitioner in training or an environmental health inspector may perform the duties and functions of environmental health practice under the supervision of a licensed environmental health practitioner or licensed professional engineer.

 

b)         A licensed environmental health practitioner or a licensed professional engineer may serve as a supervisor to any licensed environmental health practitioner in training or environmental health inspector.  The supervisor shall fulfill the minimum supervisor requirements, including but not limited to:

 

                        1)         being available for consultation on a daily basis;

 

                        2)         reviewing and advising on law enforcement proceedings; and

 

3)         evaluating the practice of environmental health performed by the licensed environmental health practitioner in training or the environmental health inspector.

 

c)         A licensed environmental health practitioner or licensed professional engineer is responsible for assuring that a licensed environmental health practitioner in training or environmental health inspector that he or she is supervising properly engages in the practice of environmental health.  (Section 23 of the Act)

 

(Source:  Amended at 27 Ill. Reg. 10248, effective June 26, 2003)

 

Section 1247.60  Endorsement

 

a)         An applicant who is licensed/registered under the laws of another jurisdiction and who wishes to be licensed in Illinois as an environmental health practitioner shall file an application with the Division, on forms provided by the Division, that includes:

 

1)         Proof of Education and Experience

 

A)        Certification of a bachelor's degree from an accredited college or university approved by the National Environmental Health Science and Protection Accreditation Council for environmental health curricula or its equivalent as approved by the Division in accordance with Section 1247.40; or

 

B)        Certification of a bachelor's degree from an accredited college or university which included a minimum of 30 semester hours or the equivalent of basic sciences approved by the Division in accordance with Section 1247.40 and 12 months of full time experience as set forth in Section 1247.50; or

 

C)        Certification of a master's degree in public health or environmental health science from an accredited college or university if the applicant has completed a minimum of 30 semester or equivalent hours of basic science as approved by the Division in accordance with Section 1247.40;

 

2)         Proof of successful completion of the examination required in Section 1247.30 or its equivalent;

 

3)         The required fee set forth in Section 1247.75; and

 

4)         Certification, on forms provided by the Division, from the jurisdiction in which the applicant was originally licensed and the state in which the applicant predominantly practices and is currently registered/licensed, if applicable, stating:

 

A)        The time during which the applicant was licensed in that jurisdiction, including the date of the original issuance of the license;

 

B)        A description of the examination in that jurisdiction; and

 

C)        Whether the file on the applicant contains any record of disciplinary actions taken or pending.

 

b)         The Department shall issue an environmental health practitioner license to any applicant who holds a Registered Environmental Health Specialist/Registered Sanitarian credential in good standing with the National Environmental Health Association.  The applicant must pay the fee set forth in Section 1247.75.

 

c)         When the accuracy of any submitted documentation, or the relevance or sufficiency of the course work or experience, is questioned by the Division because of a lack of information, discrepancies or conflicts in information given, or a need for clarification, the applicant seeking licensure by endorsement shall be requested to:

 

1)         Provide information as may be necessary; and/or

 

2)         Appear for an interview before the Board to explain the relevance or sufficiency, clarify information, or clear up any discrepancies or conflicts in information.

 

(Source:  Amended at 38 Ill. Reg. 20772, effective October 31, 2014)

 

Section 1247.70  Renewal

 

a)         Every license issued under the Act shall expire on April 30 of even-numbered years.  The holder of a license may renew such license during the month preceding the expiration date by paying the fee required by Section 1247.75 and meeting the continuing education requirements set forth in Section 1247.100.

 

b)         It is the responsibility of each licensee to notify the Division of any change of address.  Failure to receive a renewal form from the Division shall not constitute an excuse for failure to pay the renewal fee or to renew one's license.

 

(Source:  Amended at 32 Ill. Reg. 14951, effective September 3, 2008)

 

Section 1247.75  Fees

 

The following fees shall be paid to the Department and are not refundable:

 

a)         Application Fees

 

1)         The fee for application for a license as an environmental health practitioner is $100.  In addition, applicants for an examination shall be required to pay, either to the Department or to the designated testing service, a fee covering the cost of determining an applicant's eligibility and providing the examination.  Failure to appear for the examination on the scheduled date, at the time and place specified, after the applicant's application for examination has been received and acknowledged by the Division or the designated testing service, shall result in the forfeiture of the examination fee.

 

2)         The fee for application as a continuing education sponsor is $500.  State colleges, universities, and State agencies are exempt from payment of this fee.

 

3)         The fee for an application for an environmental health practitioner in training license shall be $50.

 

b)         Renewal Fees

 

1)         The fee for the renewal of a license shall be calculated at the rate of $75 per year.

 

2)         The fee for renewal of continuing education sponsor approval is $250 for the renewal period (see Section 1247.100(c)(7)).

 

3)         The fee for an extension of an environmental health practitioner in training license shall be $35.

 

c)         General Fees

 

1)         The fee for the restoration of a license other than from inactive status is $50 plus payment of all lapsed renewal fees, not to exceed $500.

 

2)         The fee for the issuance of a duplicate license, for the issuance of a replacement license for a license which has been lost or destroyed or for the issuance of a license with a change of name or address, other than during the renewal period, is $20.  No fee is required for name and address changes on Division records when no duplicate license is issued.

 

3)         The fee for a certification of a licensee's record for any purpose is $20.

 

4)         The fee to have the scoring of an examination administered by the Division reviewed and verified is $20, plus any fee charged by the testing service.

 

(Source:  Amended at 47 Ill. Reg. 1311, effective January 10, 2023)

 

Section 1247.80  Inactive Status

 

a)         A licensed environmental health practitioner who notifies the Division, on forms provided by the Division, may place the license on inactive status and shall be excused from paying renewal fees until he/she notifies the Division in writing of the intention to resume active practice.

 

b)         Any licensed environmental health practitioner seeking restoration from inactive status shall do so in accordance with Section 1247.90.

 

c)         Any environmental health practitioner whose license is on inactive status shall not practice as an environmental health practitioner and shall not use the title "registered" or "licensed" environmental health practitioner in the State of Illinois.  Any person violating this subsection shall be considered to be practicing without a license and shall be subject to the disciplinary provisions of the Act.

 

(Source:  Amended at 32 Ill. Reg. 14951, effective September 3, 2008)

 

Section 1247.85  Dishonorable, Unethical, or Unprofessional Conduct

 

The Department may suspend or refuse to renew or revoke or take any other disciplinary actions authorized by the Act based upon its finding of dishonorable, unethical, or unprofessional conduct within the meaning of Section 35(a)(8) of the Act which is interpreted to include, but is not limited to, the following acts or practices conducted by the licensee:

 

a)         Making a gross or material misstatement in any document or statement related to practice, making misleading claims about professional qualifications or furnishing inaccurate information to the Division;

 

b)         Engaging in conduct likely to deceive or defraud or harm the public, actual injury need not be established;

 

c)         Negligence in practice or committing gross or multiple acts of negligence in practice;

 

d)         Practicing beyond ones’ competency providing services and techniques for which one is not qualified by education, training, or experience − performing or pretending to be able to perform professional services beyond one’s scope of practice and one’s competency;

 

e)         The disclosure to unauthorized persons of confidential or non-public information obtained during the course of providing professional services or failing to take appropriate steps to protect such information from unauthorized or unintended disclosure;

 

f)         Failing to disclose conflicts of interest to an employer or client;

 

g)         Allowing a license to be used by another person or using another’s license;

 

h)         Engaging in the solicitation or acceptance of gratuities, directly or indirectly, from any person or entity in connection with professional services or work for which the licensee is responsible;

 

i)          Failing to be completely objective and truthful in all professional reports, statements, or testimony;

 

j)          Violating the ethical standards of the profession in accordance with Section 35 of the Act;

 

k)         Failing to properly supervise any subordinate or trainee under the licensee’s supervision;

 

l)          Engaging in activities that cause actual harm to any member of the public,

 

m)        Submitting fraudulent billing or reports to an employer or any third party or claiming a fee for a service that is not performed or earned; or

 

n)         Discriminating in any manner against a person or group based upon that person or group in violation of the Illinois Human Rights Act [775 ILCS 5].

 

(Source:  Added at 47 Ill. Reg. 1311, effective January 10, 2023)

 

Section 1247.90  Restoration

 

a)         Any environmental health practitioner whose license expired or has been placed on inactive status for 5 years or less may have the license restored by paying the fees required by Section 1247.75 and providing proof of meeting continuing education requirements set forth in Section 1247.100 during the 2 years prior to restoration.

 

b)         Any person seeking restoration of a license that has been expired or placed on inactive status for more than 5 years shall file an application, on forms provided by the Division, for review by the Board, together with the fee required by Section 1247.75 and providing proof of meeting continuing education requirements set forth in Section 1247.100 during the 2 years prior to restoration.  The applicant shall also submit:

 

1)         Sworn evidence of active practice in another jurisdiction.  Such evidence shall include a statement from an appropriate board or licensing authority in the other jurisdiction that the licensee/registrant was authorized to practice during the term of active practice; or

 

2)         An affidavit attesting to military service as provided in Section 27(c) of the Act; or

 

3)         Proof of successful completion of the examination required in Section 1247.30 during the period the license was lapsed or on inactive status; or

 

4)         Sworn evidence of lawful practice under the supervision of an Illinois-licensed environmental healthcare practitioner in the State of Illinois that is satisfactory to the Department; or 

 

5)         Proof of current certification, including continuing education, from the National Environmental Health Association Accreditation Council for environmental health curricula.

 

c)         Any person seeking restoration of a license within 2 years after general discharge from military service pursuant to Section 27(c) of the Act will be required to pay only the current renewal fee and will not be required to submit proof of meeting the continuing education requirements.

 

d)         When the accuracy of any submitted documentation or the relevance or sufficiency of the course work or experience is questioned by the Division because of a lack of information, discrepancies or conflicts in information given, or a need for clarification, the registrant seeking restoration shall be requested to:

 

1)         Provide information as may be necessary; and/or

 

2)         Appear for an interview before the Board to explain the relevance or sufficiency, clarify information or clear up any discrepancies or conflicts in information.

 

e)         Upon the recommendation of the Board and approval of the Director of the Division of Professional Regulation, with the authority delegated by the Secretary (Director), an applicant shall have the registration restored or be notified in writing of the reason for denying the application.

 

(Source:  Amended at 38 Ill. Reg. 20772, effective October 31, 2014)

 

Section 1247.100  Continuing Education

 

a)         Continuing Education Hours Requirements

 

1)         In order to renew a license as an environmental health practitioner, a licensee shall be required to complete 20 hours of continuing education (CE) relevant to the practice of environmental health.

 

2)         A prerenewal period is the 24 months preceding April 30 of each even-numbered year.

 

3)         One CE hour shall equal 60 minutes of attendance.  After completion of the initial CE hour, credit may be given in one-half hour increments.

 

4)         A renewal applicant shall not be required to comply with CE requirements for the first renewal of an Illinois license.

 

5)         Environmental health practitioners licensed in Illinois but residing and practicing in other states shall comply with the CE requirements set forth in this Section.

 

6)         Continuing education credit hours used to satisfy the CE requirements of another jurisdiction may be applied to fulfill the CE requirements of the State of Illinois.

 

b)         Approved Continuing Education (CE)

 

1)         CE hours shall be earned by verified attendance (e.g., certificate of attendance or certificate of completion) at or participation in a program or course (program) that is offered or sponsored by an approved continuing education sponsor meeting the requirements set forth in subsection (c), except for those activities provided in subsections (b)(2), (3), (4) and (5).

 

2)         A maximum of 10 CE credits per prerenewal period may be earned for completion of a correspondence course that is offered by an approved sponsor meeting the requirements set forth in subsection (c).  Each correspondence course shall include an examination.

 

3)         CE credit may be earned through postgraduate training programs (e.g., extern, residency or fellowship programs) or completion of environmental health related courses that are a part of the curriculum of a college, university or graduate school.  Courses that are part of the curriculum of a university, college or other educational institution shall be allotted CE credit at the rate of 15 CE hours for each semester hour or 10 CE hours for each quarter hour of school credit awarded.

 

4)         CE credit may be earned for verified teaching in the field of environmental health in an accredited college, university or graduate school and/or as an instructor of continuing education programs given by approved sponsors. Credit will be applied at the rate of 2 hours for every hour taught and only for the first presentation of the program (i.e., credit shall not be allowed for repetitious presentations of the same program).  A maximum of 10 hours of CE credit may be obtained in this category per prerenewal period.

 

5)         CE credit may be earned for authoring papers, publications, dissertations or books and for preparing presentations and exhibits in the field of environmental health.  The preparation of each published paper, book chapter or professional presentation dealing with environmental health may be claimed as 5 hours of credit.  A presentation must be before an audience of professionals.  Five credit hours may be claimed for only the first time the information is published or presented.

 

c)         Approved CE Sponsors and Programs

 

1)         Sponsor, as used in this Section, shall mean:

 

A)        American Public Health Association

 

B)        American Society of Safety Engineers

 

C)        Associated Illinois Milk, Food and Environmental Sanitarians

 

D)        Association of Food and Drug Officials

 

E)        Conference for Food Protection

 

F)         Illinois Association of Local Environmental Health Administrators

 

G)        Illinois Association of Ground Water Professionals

 

H)        Illinois Association of Public Health Administrators

 

I)         Illinois Environmental Health Association and Affiliates

 

J)         Illinois Public Health Association

 

K)        International Association of Food Protection-IAFP

 

L)        Interstate Shellfish Shippers Conference

 

M)       National Conference of Interstate Milk Shippers

 

N)        National Environmental Health Association and Affiliates

 

O)        National Restaurant Association and Educational Foundation

 

P)         NSF International

 

Q)        North Central Association of Food and Drug Officials 

 

R)        State and federal agencies

 

S)         Any other accredited school, college or university, or any other person, firm, or association applying pursuant to subsection (c)(2)that  has been approved and authorized by the Division to coordinate and present continuing education courses and programs in conjunction with this Section.

 

2)         An entity seeking approval as a CE sponsor shall submit an application, on forms supplied by the Division, along with the application fee specified in Section 1247.75.  The application shall include:

 

A)        Certification:

 

i)          That all programs offered by the sponsor for CE credit shall comply with the criteria in subsection (c)(3) and all other criteria in this Section;

 

ii)         That the sponsor shall be responsible for verifying full-time continuous attendance at each program and provide a certificate of attendance as set forth in subsection (c)(8);

 

iii)        That, upon request by the Division, the sponsor shall submit evidence (e.g., certificate of attendance or course material) as is necessary to establish compliance with this Section.  Evidence shall be required when the Division has reason to believe that there is not full compliance with the statute and this Part and that this information is necessary to ensure compliance;

 

B)        A copy of a sample program, including course materials, syllabi and a list of faculty.

 

3)         All programs shall:

 

A)        Contribute to the advancement, extension and enhancement of the professional skills and scientific knowledge of the licensee in practice of environmental health;

 

B)        Foster the enhancement of general or specialized practice and values of environmental health;

 

C)        Be developed and presented by persons with education and/or experience in the subject matter of the program;

 

D)        Specify the course objectives, course content and teaching methods to be used; and

 

E)        Specify the number of CE hours that may be applied to fulfilling the Illinois CE requirements for license renewal.

 

4)         Each CE program shall provide a mechanism for evaluation of the program and instructor to be completed by the participants.  The evaluation may be completed on-site immediately following the program presentation or an evaluation questionnaire may be distributed to participants to be completed and returned by mail.  The sponsor and the instructor shall review together the evaluation outcome and revise subsequent programs accordingly.

 

5)         An approved sponsor may subcontract with individuals and organizations to provide approved programs.  All advertising, promotional materials, and certificates of attendance must identify the licensed  sponsor and the sponsor's license number.  The presentor of the program may also be identified, but should be identified as a presenter.  When a licensed sponsor subcontracts with a presenter, the licensed sponsor retains all responsibility for monitoring attendance, providing certificates of attendance and ensuring the program meets all of the criteria established by the Act and this Part, including the maintenance of records.

 

6)         All programs given by approved sponsors shall be open to all licensed environmental health practitioners and not be limited to members of a single organization or group.

 

7)         To maintain approval as a sponsor, each sponsor shall submit to the Division by April 30 of each even-numbered year a renewal application, and the fee specified in Section 1247.75.

 

8)         Certification of Attendance.  It shall be the responsibility of a sponsor to provide each participant in a program with a certificate of attendance or participation.  The sponsor's certificate of attendance shall contain:

 

A)        The name, address and license number of the sponsor;

 

B)        The name and address of the participant;

 

C)        A brief statement of the subject matter;

 

D)        The number of hours attended in each program;

 

E)        The date and place of the program; and

 

F)         The signature of the sponsor.

 

9)         The sponsor shall maintain attendance records for not less than 5 years.

 

10)         The sponsor shall be responsible for assuring that no renewal applicant shall receive CE credit for time not actually spent attending the program.

 

11)         Upon the failure of a sponsor to comply with any of the requirements of this Section, the Division, after notice to the sponsor and hearing before the Board and recommendation by the Board (see 68 Ill. Adm. Code 1110), shall thereafter refuse to accept for CE credit attendance at or participation in any of that sponsor's CE programs until such time as the Division receives assurances of compliance with this Section.

 

12)         Notwithstanding any other provision of this Section, the Division or Board may evaluate any sponsor of any approved CE program at any time to ensure compliance with requirements of this Section.

 

d)         Certification of Compliance with CE Requirements

 

1)         Each renewal applicant shall certify, on the renewal application, full compliance with the CE requirements set forth in subsections (a) and (b).

 

2)         The Division may require additional evidence demonstrating compliance with the CE requirements (e.g., certificate of attendance).  This additional evidence shall be required in the context of the Division's random audit.  It is the responsibility of each renewal applicant to retain or otherwise produce evidence of compliance.

 

3)         When there appears to be a lack of compliance with CE requirements, an applicant shall be notified in writing and may request an interview with the Board.  At that time the Board may recommend that steps be taken to begin formal disciplinary proceedings as required by Section 10-65 of the Illinois Administrative Procedure Act [5 ILCS 100/10-65].

 

e)         Continuing Education Earned in Other Jurisdictions

 

1)         If a licensee has earned or is seeking CE hours offered in another jurisdiction not given by an approved sponsor for which the licensee will be claiming credit toward full compliance in Illinois, the applicant shall submit an individual program approval request form, along with a $25 processing fee, prior to participation in the program or within 90 days prior to expiration of the license.  The Board shall review and recommend approval or disapproval of the program using the criteria set forth in subsection (c)(3) of this Section.

 

2)         If a licensee fails to submit an out of state CE approval form within the required time frame, late approval may be obtained by submitting the approval request form with the $25 processing fee plus a $10 per hour late fee not to exceed $150.  The Board shall review and recommend approval and disapproval of the program using the criteria set forth in subsection (c)(3) of this Section.

 

f)         Restoration of Nonrenewed License.  Upon satisfactory evidence of compliance with CE requirements, the Division shall restore the license upon payment of the required fee as provided in Section 1247.75.

 

g)         Waiver of CE Requirements

 

1)         Any renewal applicant seeking renewal of a license without having fully complied with these CE requirements shall file with the Division a renewal application along with the required fee set forth in Section 1247.75, a statement setting forth the facts concerning non-compliance and a request for waiver of the CE requirements on the basis of these facts. A request for waiver shall be made prior to the renewal date.  If the Division, upon the written recommendation of the Board, finds from such affidavit or any other evidence submitted that extreme hardship has been shown for granting a waiver, the Division shall waive enforcement of CE requirements for the renewal period for which the applicant has applied.

 

2)         Extreme hardship shall be determined on an individual basis by the Board and be defined as an inability to devote sufficient hours to fulfilling the CE requirements during the applicable prerenewal period because of:

 

A)        Full-time service in the armed forces of the United States of America during a substantial part of the prerenewal period;

 

B)        An incapacitating illness documented by a statement from a currently licensed physician;

 

C)        A physical inability to travel to the sites of approved programs documented by a currently licensed physician; or

 

D)        Any other similar extenuating circumstances.

 

3)         Any renewal applicant who, prior to the expiration date of the license, submits a request for a waiver, in whole or in part, pursuant to the provisions of this Section shall be deemed to be in good standing until the final decision on the application is made by the Division.

 

(Source:  Amended at 32 Ill. Reg. 14951, effective September 3, 2008)

 

Section 1247.105  Confidentiality

 

All information collected by the Department in the course of an examination or investigation of a licensee or applicant, including, but not limited to, any complaint against a licensee, applicant or any person who holds himself or herself out as a licensee or applicant that is filed with the Department, and information collected to investigate any such complaint, shall be maintained for the confidential use of the Department and shall not be disclosed. The Department may not disclose the information to anyone other than law enforcement officials, regulatory agencies that have an appropriate regulatory interest as determined by the Secretary, or a party presenting a lawful subpoena to the Department. Information and documents disclosed to a federal, State, county or local law enforcement agency shall not be disclosed by the agency for any purpose to any other agency or person. A formal complaint filed against a licensee by the Department or any order issued by the Department against a licensee or applicant shall be a public record, except as otherwise prohibited by law.

 

(Source:  Added at 38 Ill. Reg. 20772, effective October 31, 2014)

 

Section 1247.110  Granting Variances

 

The Director of the Division may grant variances from this Part in individual cases when the Director finds that:

 

a)         The provision from which the variance is granted is not statutorily mandated;

 

b)         No party will be injured by the granting of the variance; and

 

c)         The rule from which the variance is granted would, in the particular case, be unreasonable or unnecessarily burdensome.

 

(Source:  Amended at 47 Ill. Reg. 1311, effective January 10, 2023)