98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4214

 

Introduced , by Rep. John M. Cabello

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2105/2105-207 new
410 ILCS 517/51 new

    Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Provides that any licensee disciplined under a licensure Act administered by the Division of Professional Regulation for an offense relating to the failure to pay taxes or student loans or relating to continuing education or advertising may file a petition with the Department on forms provided by the Department, along with the required fee of $200, to have the records of that offense removed from public view on the Department's website if certain conditions are met. Provides that nothing shall prohibit the Department from using a previous discipline for any regulatory purpose or from releasing records of a previous discipline upon request from law enforcement, other governmental body, or the public. Provides that removal of records of a disciplinary offense from the Department's website shall not be considered a vacating or expunging of the offense from the licensee's disciplinary record. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4214LRB098 13065 MGM 47578 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Professional Regulation Law of
5the Civil Administrative Code of Illinois is amended by adding
6Section 2105-207 as follows:
 
7    (20 ILCS 2105/2105-207 new)
8    Sec. 2105-207. Records of Department actions.
9    (a) Any licensee subject to a licensing Act administered by
10the Division of Professional Regulation who has been subject to
11disciplinary action by the Department may file an application
12with the Department on forms provided by the Department, along
13with the required fee of $200, to have the records classified
14as confidential, not for public release, and considered
15expunged for reporting purposes if:
16        (1) the application is submitted more than 7 years
17    after the disciplinary offense or offenses occurred;
18        (2) the licensee has had no incidents of discipline
19    under the licensing Act since the disciplinary offense or
20    offenses identified in the application occurred;
21        (3) the Department has no pending investigations
22    against the licensee; and
23        (4) the licensee is not currently in a disciplinary

 

 

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1    status.
2    (b) An application to make disciplinary records
3confidential shall only be considered by the Department for an
4offense or action relating to:
5        (1) failure to pay taxes or student loans;
6        (2) continuing education;
7        (3) failure to renew a license on time;
8        (4) failure to obtain or renew a certificate of
9    registration or ancillary license;
10        (5) advertising; or
11        (6) any grounds for discipline removed from the
12    licensing Act.
13    (c) An application shall be submitted to and considered by
14the Director of the Division of Professional Regulation upon
15submission of an application and the required non-refundable
16fee. The Department may establish additional requirements by
17rule. The Department is not required to report the removal of
18any disciplinary record to any national database. Nothing in
19this Section shall prohibit the Department from using a
20previous discipline for any regulatory purpose or from
21releasing records of a previous discipline upon request from
22law enforcement, or other governmental body as permitted by
23law. Classification of records as confidential shall result in
24removal of records of discipline from records kept pursuant to
25Sections 2105-200 and 2105-205 of this Act. If the disciplinary
26action was related to the licensee's failure to pay taxes or

 

 

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1student loans and the licensee has subsequently paid the debt
2in full or made payments current, the Department may consider
3the offense for expungement immediately, pursuant to
4Department rules.
 
5    Section 10. The Health Care Professional Credentials Data
6Collection Act is amended by adding Section 51 as follows:
 
7    (410 ILCS 517/51 new)
8    Sec. 51. Licensure records. Licensure records designated
9confidential and considered expunged for reporting purposes by
10the licensee under Section 2105-207 of the Department of
11Professional Regulation Law of the Civil Administrative Code of
12Illinois are not reportable under this Act.
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.