Rep. Anna Moeller

Adopted in House on Oct 29, 2019

 

 


 

 


 
10100HB1269ham001LRB101 03461 SMS 63942 a

1
AMENDMENT TO HOUSE BILL 1269

2    AMENDMENT NO. ______. Amend House Bill 1269 by replacing
3everything after the enacting clause with the following:
 
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7    (Section scheduled to be repealed on January 1, 2022)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

 

 

10100HB1269ham001- 2 -LRB101 03461 SMS 63942 a

1effective retroactively to the expiration date.
2    The Department shall attempt to provide through electronic
3means to each licensee under this Act, at least 60 days in
4advance of the expiration date of his or her license, a renewal
5notice. No such license shall be deemed to have lapsed until 90
6days after the expiration date and after the Department has
7attempted to provide such notice as herein provided.
8    (B) Reinstatement. Any licensee who has permitted his or
9her license to lapse or who has had his or her license on
10inactive status may have his or her license reinstated by
11making application to the Department and filing proof
12acceptable to the Department of his or her fitness to have the
13license reinstated, including evidence certifying to active
14practice in another jurisdiction satisfactory to the
15Department, proof of meeting the continuing education
16requirements for one renewal period, and by paying the required
17reinstatement fee.
18    If the licensee has not maintained an active practice in
19another jurisdiction satisfactory to the Department, the
20Licensing Board shall determine, by an evaluation program
21established by rule, the applicant's fitness to resume active
22status and may require the licensee to complete a period of
23evaluated clinical experience and may require successful
24completion of a practical examination specified by the
25Licensing Board.
26    However, any registrant whose license has expired while he

 

 

10100HB1269ham001- 3 -LRB101 03461 SMS 63942 a

1or she has been engaged (a) in Federal Service on active duty
2with the Army of the United States, the United States Navy, the
3Marine Corps, the Air Force, the Coast Guard, the Public Health
4Service or the State Militia called into the service or
5training of the United States of America, or (b) in training or
6education under the supervision of the United States
7preliminary to induction into the military service, may have
8his or her license reinstated without paying any lapsed renewal
9fees, if within 2 years after honorable termination of such
10service, training, or education, he or she furnishes to the
11Department with satisfactory evidence to the effect that he or
12she has been so engaged and that his or her service, training,
13or education has been so terminated.
14    (C) Inactive licenses. Any licensee who notifies the
15Department, in writing on forms prescribed by the Department,
16may elect to place his or her license on an inactive status and
17shall, subject to rules of the Department, be excused from
18payment of renewal fees until he or she notifies the Department
19in writing of his or her desire to resume active status.
20    Any licensee requesting reinstatement from inactive status
21shall be required to pay the current renewal fee, provide proof
22of meeting the continuing education requirements for the period
23of time the license is inactive not to exceed one renewal
24period, and shall be required to reinstate his or her license
25as provided in subsection (B).
26    Any licensee whose license is in an inactive status shall

 

 

10100HB1269ham001- 4 -LRB101 03461 SMS 63942 a

1not practice in the State of Illinois.
2    (D) Disposition of monies collected. All monies collected
3under this Act by the Department shall be deposited in the
4Illinois State Medical Disciplinary Fund in the State Treasury,
5and used only for the following purposes: (a) by the
6Disciplinary Board and Licensing Board in the exercise of its
7powers and performance of its duties, as such use is made by
8the Department with full consideration of all recommendations
9of the Disciplinary Board and Licensing Board, (b) for costs
10directly related to persons licensed under this Act, and (c)
11for direct and allocable indirect costs related to the public
12purposes of the Department.
13    Moneys in the Fund may be transferred to the Professions
14Indirect Cost Fund as authorized under Section 2105-300 of the
15Department of Professional Regulation Law of the Civil
16Administrative Code of Illinois.
17    All earnings received from investment of monies in the
18Illinois State Medical Disciplinary Fund shall be deposited in
19the Illinois State Medical Disciplinary Fund and shall be used
20for the same purposes as fees deposited in such Fund.
21    (E) Fees. The following fees are nonrefundable.
22        (1) Applicants for any examination shall be required to
23    pay, either to the Department or to the designated testing
24    service, a fee covering the cost of determining the
25    applicant's eligibility and providing the examination.
26    Failure to appear for the examination on the scheduled

 

 

10100HB1269ham001- 5 -LRB101 03461 SMS 63942 a

1    date, at the time and place specified, after the
2    applicant's application for examination has been received
3    and acknowledged by the Department or the designated
4    testing service, shall result in the forfeiture of the
5    examination fee.
6        (2) Before July 1, 2018, the fee for a license under
7    Section 9 of this Act is $700. Beginning on July 1, 2018,
8    the fee for a license under Section 9 of this Act is $500.
9        (3) Before July 1, 2018, the fee for a license under
10    Section 19 of this Act is $700. Beginning on July 1, 2018,
11    the fee for a license under Section 19 of this Act is $500.
12        (4) Before July 1, 2018, the fee for the renewal of a
13    license for a resident of Illinois shall be calculated at
14    the rate of $230 per year, and beginning on July 1, 2018
15    and until January 1, 2020, the fee for the renewal of a
16    license shall be $167, except for licensees who were issued
17    a license within 12 months of the expiration date of the
18    license, before July 1, 2018, the fee for the renewal shall
19    be $230, and beginning on July 1, 2018 and until January 1,
20    2020 that fee will be $167. Before July 1, 2018, the fee
21    for the renewal of a license for a nonresident shall be
22    calculated at the rate of $460 per year, and beginning on
23    July 1, 2018 and until January 1, 2020, the fee for the
24    renewal of a license for a nonresident shall be $250,
25    except for licensees who were issued a license within 12
26    months of the expiration date of the license, before July

 

 

10100HB1269ham001- 6 -LRB101 03461 SMS 63942 a

1    1, 2018, the fee for the renewal shall be $460, and
2    beginning on July 1, 2018 and until January 1, 2020 that
3    fee will be $250. Beginning on January 1, 2020, the fee for
4    renewal of a license for a resident or nonresident is $181
5    per year.
6        (5) The fee for the reinstatement of a license other
7    than from inactive status, is $230. In addition, payment of
8    all lapsed renewal fees not to exceed $1,400 is required.
9        (6) The fee for a 3-year temporary license under
10    Section 17 is $230.
11        (7) The fee for the issuance of a duplicate license,
12    for the issuance of a replacement license for a license
13    which has been lost or destroyed, or for the issuance of a
14    license with a change of name or address other than during
15    the renewal period is $20. No fee is required for name and
16    address changes on Department records when no updated
17    duplicate license is issued.
18        (8) The fee to be paid for a license record for any
19    purpose is $20.
20        (9) The fee to be paid to have the scoring of an
21    examination, administered by the Department, reviewed and
22    verified, is $20 plus any fees charged by the applicable
23    testing service.
24    (F) Any person who delivers a check or other payment to the
25Department that is returned to the Department unpaid by the
26financial institution upon which it is drawn shall pay to the

 

 

10100HB1269ham001- 7 -LRB101 03461 SMS 63942 a

1Department, in addition to the amount already owed to the
2Department, a fine of $50. The fines imposed by this Section
3are in addition to any other discipline provided under this Act
4for unlicensed practice or practice on a nonrenewed license.
5The Department shall notify the person that payment of fees and
6fines shall be paid to the Department by certified check or
7money order within 30 calendar days of the notification. If,
8after the expiration of 30 days from the date of the
9notification, the person has failed to submit the necessary
10remittance, the Department shall automatically terminate the
11license or permit or deny the application, without hearing. If,
12after termination or denial, the person seeks a license or
13permit, he or she shall apply to the Department for
14reinstatement or issuance of the license or permit and pay all
15fees and fines due to the Department. The Department may
16establish a fee for the processing of an application for
17reinstatement of a license or permit to pay all expenses of
18processing this application. The Secretary may waive the fines
19due under this Section in individual cases where the Secretary
20finds that the fines would be unreasonable or unnecessarily
21burdensome.
22(Source: P.A. 101-316, eff. 8-9-19.)
 
23    Section 99. Effective date. This Act takes effect January
241, 2020.".