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| Public Act 098-0816 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Department of Professional Regulation Law of | ||||
the
Civil Administrative Code of Illinois is amended by adding | ||||
Section 2105-207 as follows: | ||||
(20 ILCS 2105/2105-207 new) | ||||
Sec. 2105-207. Records of Department actions. | ||||
(a) Any licensee subject to a licensing Act administered by | ||||
the Division of Professional Regulation and who has been | ||||
subject to disciplinary action by the Department may file an | ||||
application with the Department on forms provided by the | ||||
Department, along with the required fee of $200, to have the | ||||
records classified as confidential, not for public release and | ||||
considered expunged for reporting purposes if: | ||||
(1) the application is submitted more than 7 years | ||||
after the disciplinary offense or offenses occurred; | ||||
(2) the licensee has had no incidents of discipline | ||||
under the licensing Act since the disciplinary offense or | ||||
offenses identified in the application occurred; | ||||
(3) the Department has no pending investigations | ||||
against the licensee; and | ||||
(4) the licensee is not currently in a disciplinary | ||||
status. | ||
(b) An application to make disciplinary records | ||
confidential shall only be considered by the Department for an | ||
offense or action relating to: | ||
(1) failure to pay taxes or student loans; | ||
(2) continuing education; | ||
(3) failure to renew a license on time; | ||
(4) failure to obtain or renew a certificate of | ||
registration or ancillary license; | ||
(5) advertising; or | ||
(6) any grounds for discipline removed from the | ||
licensing Act. | ||
(c) An application shall be submitted to and considered by | ||
the Director of the Division of Professional Regulation upon | ||
submission of an application and the required non-refundable | ||
fee. The Department may establish additional requirements by | ||
rule. The Department is not required to report the removal of | ||
any disciplinary record to any national database. Nothing in | ||
this Section 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, or other governmental body as permitted by | ||
law. Classification of records as confidential shall result in | ||
removal of records of discipline from records kept pursuant to | ||
Sections 2105-200 and 2105-205 of this Act. | ||
Section 10. The Health Care Professional Credentials Data | ||
Collection Act is amended by adding Section 51 as follows: | ||
(410 ILCS 517/51 new) | ||
Sec. 51. Licensure records. Licensure records designated | ||
confidential and considered expunged for reporting purposes by | ||
the licensee under Section 2105-207 of the Civil Administrative | ||
Code are not reportable under this Act.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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