HB1269 EngrossedLRB101 03461 JRG 48469 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 Medical Practice Act of 1987 is amended by
5changing Section 21 as follows:
 
6    (225 ILCS 60/21)  (from Ch. 111, par. 4400-21)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 21. License renewal; reinstatement; inactive status;
9disposition and collection of fees.
10    (A) Renewal. The expiration date and renewal period for
11each license issued under this Act shall be set by rule. The
12holder of a license may renew the license by paying the
13required fee. The holder of a license may also renew the
14license within 90 days after its expiration by complying with
15the requirements for renewal and payment of an additional fee.
16A license renewal within 90 days after expiration shall be
17effective retroactively to the expiration date.
18    The Department shall attempt to provide through electronic
19means to each licensee under this Act, at least 60 days in
20advance of the expiration date of his or her license, a renewal
21notice. No such license shall be deemed to have lapsed until 90
22days after the expiration date and after the Department has
23attempted to provide such notice as herein provided.

 

 

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1    (B) Reinstatement. Any licensee who has permitted his or
2her license to lapse or who has had his or her license on
3inactive status may have his or her license reinstated by
4making application to the Department and filing proof
5acceptable to the Department of his or her fitness to have the
6license reinstated, including evidence certifying to active
7practice in another jurisdiction satisfactory to the
8Department, proof of meeting the continuing education
9requirements for one renewal period, and by paying the required
10reinstatement fee.
11    If the licensee has not maintained an active practice in
12another jurisdiction satisfactory to the Department, the
13Licensing Board shall determine, by an evaluation program
14established by rule, the applicant's fitness to resume active
15status and may require the licensee to complete a period of
16evaluated clinical experience and may require successful
17completion of a practical examination specified by the
18Licensing Board.
19    However, any registrant whose license has expired while he
20or she has been engaged (a) in Federal Service on active duty
21with the Army of the United States, the United States Navy, the
22Marine Corps, the Air Force, the Coast Guard, the Public Health
23Service or the State Militia called into the service or
24training of the United States of America, or (b) in training or
25education under the supervision of the United States
26preliminary to induction into the military service, may have

 

 

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1his or her license reinstated without paying any lapsed renewal
2fees, if within 2 years after honorable termination of such
3service, training, or education, he or she furnishes to the
4Department with satisfactory evidence to the effect that he or
5she has been so engaged and that his or her service, training,
6or education has been so terminated.
7    (C) Inactive licenses. Any licensee who notifies the
8Department, in writing on forms prescribed by the Department,
9may elect to place his or her license on an inactive status and
10shall, subject to rules of the Department, be excused from
11payment of renewal fees until he or she notifies the Department
12in writing of his or her desire to resume active status.
13    Any licensee requesting reinstatement from inactive status
14shall be required to pay the current renewal fee, provide proof
15of meeting the continuing education requirements for the period
16of time the license is inactive not to exceed one renewal
17period, and shall be required to reinstate his or her license
18as provided in subsection (B).
19    Any licensee whose license is in an inactive status shall
20not practice in the State of Illinois.
21    (D) Disposition of monies collected. All monies collected
22under this Act by the Department shall be deposited in the
23Illinois State Medical Disciplinary Fund in the State Treasury,
24and used only for the following purposes: (a) by the
25Disciplinary Board and Licensing Board in the exercise of its
26powers and performance of its duties, as such use is made by

 

 

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1the Department with full consideration of all recommendations
2of the Disciplinary Board and Licensing Board, (b) for costs
3directly related to persons licensed under this Act, and (c)
4for direct and allocable indirect costs related to the public
5purposes of the Department.
6    Moneys in the Fund may be transferred to the Professions
7Indirect Cost Fund as authorized under Section 2105-300 of the
8Department of Professional Regulation Law of the Civil
9Administrative Code of Illinois.
10    All earnings received from investment of monies in the
11Illinois State Medical Disciplinary Fund shall be deposited in
12the Illinois State Medical Disciplinary Fund and shall be used
13for the same purposes as fees deposited in such Fund.
14    (E) Fees. The following fees are nonrefundable.
15        (1) Applicants for any examination shall be required to
16    pay, either to the Department or to the designated testing
17    service, a fee covering the cost of determining the
18    applicant's eligibility and providing the examination.
19    Failure to appear for the examination on the scheduled
20    date, at the time and place specified, after the
21    applicant's application for examination has been received
22    and acknowledged by the Department or the designated
23    testing service, shall result in the forfeiture of the
24    examination fee.
25        (2) Before July 1, 2018, the fee for a license under
26    Section 9 of this Act is $700. Beginning on July 1, 2018,

 

 

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1    the fee for a license under Section 9 of this Act is $500.
2        (3) Before July 1, 2018, the fee for a license under
3    Section 19 of this Act is $700. Beginning on July 1, 2018,
4    the fee for a license under Section 19 of this Act is $500.
5        (4) Before July 1, 2018, the fee for the renewal of a
6    license for a resident of Illinois shall be calculated at
7    the rate of $230 per year, and beginning on July 1, 2018
8    and until January 1, 2020, the fee for the renewal of a
9    license shall be $167, except for licensees who were issued
10    a license within 12 months of the expiration date of the
11    license, before July 1, 2018, the fee for the renewal shall
12    be $230, and beginning on July 1, 2018 and until January 1,
13    2020 that fee will be $167. Before July 1, 2018, the fee
14    for the renewal of a license for a nonresident shall be
15    calculated at the rate of $460 per year, and beginning on
16    July 1, 2018 and until January 1, 2020, the fee for the
17    renewal of a license for a nonresident shall be $250,
18    except for licensees who were issued a license within 12
19    months of the expiration date of the license, before July
20    1, 2018, the fee for the renewal shall be $460, and
21    beginning on July 1, 2018 and until January 1, 2020 that
22    fee will be $250. Beginning on January 1, 2020, the fee for
23    renewal of a license for a resident or nonresident is $181
24    per year.
25        (5) The fee for the reinstatement of a license other
26    than from inactive status, is $230. In addition, payment of

 

 

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1    all lapsed renewal fees not to exceed $1,400 is required.
2        (6) The fee for a 3-year temporary license under
3    Section 17 is $230.
4        (7) The fee for the issuance of a duplicate license,
5    for the issuance of a replacement license for a license
6    which has been lost or destroyed, or for the issuance of a
7    license with a change of name or address other than during
8    the renewal period is $20. No fee is required for name and
9    address changes on Department records when no updated
10    duplicate license is issued.
11        (8) The fee to be paid for a license record for any
12    purpose is $20.
13        (9) The fee to be paid to have the scoring of an
14    examination, administered by the Department, reviewed and
15    verified, is $20 plus any fees charged by the applicable
16    testing service.
17    (F) 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. The fines imposed by this Section
22are in addition to any other discipline provided under this Act
23for unlicensed practice or practice on a nonrenewed license.
24The Department shall notify the person that payment of fees and
25fines shall be paid to the Department by certified check or
26money order within 30 calendar days of the notification. If,

 

 

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1after the expiration of 30 days from the date of the
2notification, the person has failed to submit the necessary
3remittance, the Department shall automatically terminate the
4license or permit or deny the application, without hearing. If,
5after termination or denial, the person seeks a license or
6permit, he or she shall apply to the Department for
7reinstatement or issuance of the license or permit and pay all
8fees and fines due to the Department. The Department may
9establish a fee for the processing of an application for
10reinstatement of a license or permit to pay all expenses of
11processing this application. The Secretary may waive the fines
12due under this Section in individual cases where the Secretary
13finds that the fines would be unreasonable or unnecessarily
14burdensome.
15(Source: P.A. 101-316, eff. 8-9-19.)
 
16    Section 99. Effective date. This Act takes effect January
171, 2020.