98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1841

 

Introduced 2/15/2013, by Sen. John G. Mulroe

 

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, child support, 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.


LRB098 07838 MGM 37921 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1841LRB098 07838 MGM 37921 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 and who has been
11subject to disciplinary action by the Department may file an
12application with the Department on forms provided by the
13Department, along with the required fee of $200, to have the
14records classified as confidential, not for public release and
15considered expunged 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

 

 

SB1841- 2 -LRB098 07838 MGM 37921 b

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

 

 

SB1841- 3 -LRB098 07838 MGM 37921 b

1    Section 10. The Health Care Professional Credentials Data
2Collection Act is amended by adding Section 51 as follows:
 
3    (410 ILCS 517/51 new)
4    Sec. 51. Licensure records. Licensure records designated
5confidential and considered expunged for reporting purposes by
6the licensee under Section 2105-207 of the Civil Administrative
7Code are not reportable under this Act.
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.