Public Act 101-0603
 
HB1269 EnrolledLRB101 03461 JRG 48469 b



    AN ACT concerning regulation.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:



 
    Section 5. The Medical Practice Act of 1987 is amended  by 
changing Section 21 as follows:
 



    (225 ILCS 60/21)  (from Ch. 111, par. 4400-21)


    (Section scheduled to be repealed on January 1, 2022)


    Sec. 21. License renewal; reinstatement; inactive status; 
disposition and
collection of fees.
    (A) Renewal.   The expiration date and renewal period for 
each
license issued under this Act shall be set by rule.  The 
holder of a
license may renew the license by paying the 
required fee. The
holder of a
license may also renew the 
license within 90 days after its expiration by
complying with 
the requirements for renewal and payment of an additional
fee.  
A license renewal within 90 days after expiration shall be 
effective
retroactively to the expiration date.


    The Department shall attempt to provide through electronic 
means to each licensee under this Act, at least 60 days in 
advance of the expiration date of his or her license, a renewal 
notice. No such license shall be deemed to have lapsed until 90 
days after the expiration date and after the Department has 
attempted to provide such notice as herein provided. 
    (B) Reinstatement.  Any licensee who has permitted his or 
her
license to lapse or who has had his or her license on 
inactive
status may have his or her license reinstated by 
making application
to the Department and filing proof 
acceptable to the
Department of his or her fitness to have the

license reinstated,
including evidence certifying to active 
practice in another
jurisdiction satisfactory to the 
Department, proof of meeting the continuing
education 
requirements for one renewal period, and by paying
the required 
reinstatement fee.

    If the licensee has not maintained an active practice
in 
another jurisdiction satisfactory to the Department, the

Licensing Board shall determine, by an evaluation program

established by rule, the applicant's fitness to resume active

status
and may require the licensee to complete a period of

evaluated clinical experience and may require successful

completion of a practical examination specified by the 
Licensing Board.

    However, any registrant whose license has expired while
he 
or she has been engaged (a) in Federal Service on active
duty

with the Army of the United States, the United States Navy,
the 
Marine Corps, the Air Force, the Coast Guard, the Public
Health 
Service or the State Militia called into the service
or 
training of the United States of America, or (b) in
training or 
education under the supervision of the United
States 
preliminary to induction into the military service,
may have 
his or her license reinstated without paying
any lapsed renewal 
fees, if within 2 years after honorable
termination of such 
service, training, or education, he or she
furnishes to the 
Department with satisfactory evidence to the
effect that he or 
she has been so engaged and that his or
her
service, training, 
or education has been so terminated.

    (C) Inactive licenses.  Any licensee who notifies the

Department, in writing on forms prescribed by the
Department, 
may elect to place his or her license on an inactive
status and 
shall, subject to rules of the Department, be
excused from 
payment of renewal fees until he or she notifies the
Department 
in writing of his or her desire to resume active
status.

    Any licensee requesting reinstatement from inactive
status 
shall be required to pay the current renewal fee, provide proof 
of
meeting the continuing education requirements for the period 
of time the
license is inactive not to exceed one renewal 
period, and
shall be required to reinstate his or her license 
as provided
in
subsection (B).

    Any licensee whose license is in an inactive status
shall 
not practice in the State of Illinois.

    (D) Disposition of monies collected.  All monies
collected 
under this Act by the Department shall be
deposited in the 
Illinois State Medical Disciplinary Fund in
the State Treasury, 
and used only for the following
purposes:  (a) by the 
Disciplinary
Board and Licensing Board in the exercise of its 
powers and performance of its
duties, as such use is made by 
the Department with full
consideration of all recommendations 
of the
Disciplinary Board and Licensing Board, (b) for costs 
directly related to
persons licensed under this Act, and (c) 
for direct and allocable indirect
costs related to the public 
purposes of the Department.

    Moneys in the Fund may be transferred to the Professions 
Indirect Cost Fund
as authorized under Section 2105-300 of the 
Department of Professional
Regulation Law of the Civil 
Administrative Code of Illinois.

    All earnings received from investment of monies in the

Illinois State Medical Disciplinary Fund shall be deposited
in 
the Illinois State Medical Disciplinary Fund and shall be
used 
for the same purposes as fees deposited in such Fund.

    (E) Fees.  The following fees are nonrefundable.

        (1) Applicants for any examination shall be required
to 
    pay, either to the Department or to the designated
testing 
    service, a fee covering the cost of determining the

    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 Department or the designated 
    testing
service, shall result in the forfeiture of the 
    examination
fee.

        (2) Before July 1, 2018, the fee for a license under 
    Section 9 of this Act
is $700. Beginning on July 1, 2018, 
    the fee for a license under Section 9 of this Act is $500.

        (3) Before July 1, 2018, the fee for a license under 
    Section 19 of this Act
is $700. Beginning on July 1, 2018, 
    the fee for a license under Section 19 of this Act is $500.

        (4) Before July 1, 2018, the fee for the renewal of a 
    license for a resident of Illinois
shall be calculated at 
    the rate of $230 per year, and beginning on July 1, 2018 
    and until January 1, 2020, the fee for the renewal of a 
    license shall be $167, except for licensees
who were issued 
    a license within 12 months of the expiration date of the

    license, before July 1, 2018, the fee for the renewal shall 
    be $230, and beginning on July 1, 2018 and until January 1, 
    2020 that fee will be $167. Before July 1, 2018, the fee 
    for the renewal
of a license for a nonresident shall be 
    calculated at the rate of $460 per
year, and beginning on 
    July 1, 2018 and until January 1, 2020, the fee for the 
    renewal of a license for a nonresident shall be $250, 
    except for licensees
who were issued a license within 12 
    months of the expiration date of the
license, before July 
    1, 2018, the fee for the renewal shall be $460, and 
    beginning on July 1, 2018 and until January 1, 2020 that 
    fee will be $250. Beginning on January 1, 2020, the fee for 
    renewal of a license for a resident or nonresident is $181 
    per year. 

        (5) The fee for the reinstatement of a license other

    than from inactive status, is $230.  In addition, payment of 
    all
lapsed renewal fees not to exceed $1,400 is required.

        (6) The fee for a 3-year temporary license under

    Section 17 is $230.

        (7) 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 Department records when no updated 
    duplicate
license is issued.

        (8) The fee to be paid for a license record for any

    purpose is $20.

        (9) The fee to be paid to have the scoring of an

    examination, administered by the Department, reviewed and

    verified, is $20 plus any fees charged by the applicable

    testing service.



    (F) Any person who delivers a check or other payment to the 
Department that
is returned to the Department unpaid by the 
financial institution upon
which it is drawn shall pay to the 
Department, in addition to the amount
already owed to the 
Department, a fine of $50. The fines imposed by this Section 
are in addition
to any other discipline provided under this Act 
for unlicensed
practice or practice on a nonrenewed license. 
The Department shall notify
the person that payment of fees and 
fines shall be paid to the Department
by certified check or 
money order within 30 calendar days of the
notification. If, 
after the expiration of 30 days from the date of the

notification, the person has failed to submit the necessary 
remittance, the
Department shall automatically terminate the 
license or permit or deny
the application, without hearing. If, 
after termination or denial, the
person seeks a license or 
permit, he or she shall apply to the
Department for 
reinstatement or issuance of the license or permit and
pay all 
fees and fines due to the Department. The Department may 
establish
a fee for the processing of an application for 
reinstatement of a license or permit
 to pay all expenses of 
processing this application. The Secretary
may waive the fines 
due under this Section in individual cases where the
Secretary 
finds that the fines would be unreasonable or unnecessarily

burdensome.

(Source: P.A. 101-316, eff. 8-9-19.)

 

    Section 99. Effective date. This Act takes effect January 
1, 2020.