HB4214 98TH GENERAL ASSEMBLY

LRB098 13065 MGM 47578 b

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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

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

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 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. If the disciplinary action was related to the licensee's failure to pay taxes or student loans and the licensee has subsequently paid the debt in full or made payments current, the Department may consider the offense for expungement immediately, pursuant to Department rules.

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 Department of Professional Regulation Law of the Civil Administrative Code of Illinois are not reportable under this Act.

Section 99. Effective date. This Act takes effect upon becoming law.