HB0900enr 94TH GENERAL ASSEMBLY

 


 
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1     AN ACT concerning regulation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Department of Professional Regulation Law of
5 the Civil Administrative Code of Illinois is amended by
6 changing Sections 2105-5 and 2105-15 as follows:
 
7     (20 ILCS 2105/2105-5)  (was 20 ILCS 2105/60b)
8     Sec. 2105-5. Definitions.
9     (a) In this Law:
10     "Department" means the Department of Professional
11 Regulation.
12     "Director" means the Director of Professional Regulation.
13     (b) In the construction of this Section and Sections
14 2105-15, 2105-100, 2105-105, 2105-110, 2105-115, 2105-120,
15 2105-125, 2105-175, and 2105-325, the following definitions
16 shall govern unless the context otherwise clearly indicates:
17     "Board" means the board of persons designated for a
18 profession, trade, or occupation under the provisions of any
19 Act now or hereafter in force whereby the jurisdiction of that
20 profession, trade, or occupation is devolved on the Department.
21     "Certificate" means a license, certificate of
22 registration, permit, or other authority purporting to be
23 issued or conferred by the Department by virtue or authority of
24 which the registrant has or claims the right to engage in a
25 profession, trade, occupation, or operation of which the
26 Department has jurisdiction.
27     "Registrant" means a person who holds or claims to hold a
28 certificate.
29     "Retiree" means a person who has been duly licensed,
30 registered, or certified in a profession regulated by the
31 Department and who chooses to relinquish or not renew his or
32 her license, registration, or certification.

 

 

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1 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 92-16,
2 eff. 6-28-01.)
 
3     (20 ILCS 2105/2105-15)  (was 20 ILCS 2105/60)
4     Sec. 2105-15. General powers and duties.
5     (a) The Department has, subject to the provisions of the
6 Civil Administrative Code of Illinois, the following powers and
7 duties:
8         (1) To authorize examinations in English to ascertain
9     the qualifications and fitness of applicants to exercise
10     the profession, trade, or occupation for which the
11     examination is held.
12         (2) To prescribe rules and regulations for a fair and
13     wholly impartial method of examination of candidates to
14     exercise the respective professions, trades, or
15     occupations.
16         (3) To pass upon the qualifications of applicants for
17     licenses, certificates, and authorities, whether by
18     examination, by reciprocity, or by endorsement.
19         (4) To prescribe rules and regulations defining, for
20     the respective professions, trades, and occupations, what
21     shall constitute a school, college, or university, or
22     department of a university, or other institution,
23     reputable and in good standing, and to determine the
24     reputability and good standing of a school, college, or
25     university, or department of a university, or other
26     institution, reputable and in good standing, by reference
27     to a compliance with those rules and regulations; provided,
28     that no school, college, or university, or department of a
29     university, or other institution that refuses admittance
30     to applicants solely on account of race, color, creed, sex,
31     or national origin shall be considered reputable and in
32     good standing.
33         (5) To conduct hearings on proceedings to revoke,
34     suspend, refuse to renew, place on probationary status, or
35     take other disciplinary action as authorized in any

 

 

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1     licensing Act administered by the Department with regard to
2     licenses, certificates, or authorities of persons
3     exercising the respective professions, trades, or
4     occupations and to revoke, suspend, refuse to renew, place
5     on probationary status, or take other disciplinary action
6     as authorized in any licensing Act administered by the
7     Department with regard to those licenses, certificates, or
8     authorities. The Department shall issue a monthly
9     disciplinary report. The Department shall deny any license
10     or renewal authorized by the Civil Administrative Code of
11     Illinois to any person who has defaulted on an educational
12     loan or scholarship provided by or guaranteed by the
13     Illinois Student Assistance Commission or any governmental
14     agency of this State; however, the Department may issue a
15     license or renewal if the aforementioned persons have
16     established a satisfactory repayment record as determined
17     by the Illinois Student Assistance Commission or other
18     appropriate governmental agency of this State.
19     Additionally, beginning June 1, 1996, any license issued by
20     the Department may be suspended or revoked if the
21     Department, after the opportunity for a hearing under the
22     appropriate licensing Act, finds that the licensee has
23     failed to make satisfactory repayment to the Illinois
24     Student Assistance Commission for a delinquent or
25     defaulted loan. For the purposes of this Section,
26     "satisfactory repayment record" shall be defined by rule.
27     The Department shall refuse to issue or renew a license to,
28     or shall suspend or revoke a license of, any person who,
29     after receiving notice, fails to comply with a subpoena or
30     warrant relating to a paternity or child support
31     proceeding. However, the Department may issue a license or
32     renewal upon compliance with the subpoena or warrant.
33         The Department, without further process or hearings,
34     shall revoke, suspend, or deny any license or renewal
35     authorized by the Civil Administrative Code of Illinois to
36     a person who is certified by the Illinois Department of

 

 

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1     Public Aid as being more than 30 days delinquent in
2     complying with a child support order or who is certified by
3     a court as being in violation of the Non-Support Punishment
4     Act for more than 60 days. The Department may, however,
5     issue a license or renewal if the person has established a
6     satisfactory repayment record as determined by the
7     Illinois Department of Public Aid or if the person is
8     determined by the court to be in compliance with the
9     Non-Support Punishment Act. The Department may implement
10     this paragraph as added by Public Act 89-6 through the use
11     of emergency rules in accordance with Section 5-45 of the
12     Illinois Administrative Procedure Act. For purposes of the
13     Illinois Administrative Procedure Act, the adoption of
14     rules to implement this paragraph shall be considered an
15     emergency and necessary for the public interest, safety,
16     and welfare.
17         (6) To transfer jurisdiction of any realty under the
18     control of the Department to any other department of the
19     State Government or to acquire or accept federal lands when
20     the transfer, acquisition, or acceptance is advantageous
21     to the State and is approved in writing by the Governor.
22         (7) To formulate rules and regulations necessary for
23     the enforcement of any Act administered by the Department.
24         (8) To exchange with the Illinois Department of Public
25     Aid information that may be necessary for the enforcement
26     of child support orders entered pursuant to the Illinois
27     Public Aid Code, the Illinois Marriage and Dissolution of
28     Marriage Act, the Non-Support of Spouse and Children Act,
29     the Non-Support Punishment Act, the Revised Uniform
30     Reciprocal Enforcement of Support Act, the Uniform
31     Interstate Family Support Act, or the Illinois Parentage
32     Act of 1984. Notwithstanding any provisions in this Code to
33     the contrary, the Department of Professional Regulation
34     shall not be liable under any federal or State law to any
35     person for any disclosure of information to the Illinois
36     Department of Public Aid under this paragraph (8) or for

 

 

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1     any other action taken in good faith to comply with the
2     requirements of this paragraph (8).
3         (9) To perform other duties prescribed by law.
4     (b) The Department may, when a fee is payable to the
5 Department for a wall certificate of registration provided by
6 the Department of Central Management Services, require that
7 portion of the payment for printing and distribution costs be
8 made directly or through the Department to the Department of
9 Central Management Services for deposit into the Paper and
10 Printing Revolving Fund. The remainder shall be deposited into
11 the General Revenue Fund.
12     (c) For the purpose of securing and preparing evidence, and
13 for the purchase of controlled substances, professional
14 services, and equipment necessary for enforcement activities,
15 recoupment of investigative costs, and other activities
16 directed at suppressing the misuse and abuse of controlled
17 substances, including those activities set forth in Sections
18 504 and 508 of the Illinois Controlled Substances Act, the
19 Director and agents appointed and authorized by the Director
20 may expend sums from the Professional Regulation Evidence Fund
21 that the Director deems necessary from the amounts appropriated
22 for that purpose. Those sums may be advanced to the agent when
23 the Director deems that procedure to be in the public interest.
24 Sums for the purchase of controlled substances, professional
25 services, and equipment necessary for enforcement activities
26 and other activities as set forth in this Section shall be
27 advanced to the agent who is to make the purchase from the
28 Professional Regulation Evidence Fund on vouchers signed by the
29 Director. The Director and those agents are authorized to
30 maintain one or more commercial checking accounts with any
31 State banking corporation or corporations organized under or
32 subject to the Illinois Banking Act for the deposit and
33 withdrawal of moneys to be used for the purposes set forth in
34 this Section; provided, that no check may be written nor any
35 withdrawal made from any such account except upon the written
36 signatures of 2 persons designated by the Director to write

 

 

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1 those checks and make those withdrawals. Vouchers for those
2 expenditures must be signed by the Director. All such
3 expenditures shall be audited by the Director, and the audit
4 shall be submitted to the Department of Central Management
5 Services for approval.
6     (d) Whenever the Department is authorized or required by
7 law to consider some aspect of criminal history record
8 information for the purpose of carrying out its statutory
9 powers and responsibilities, then, upon request and payment of
10 fees in conformance with the requirements of Section 2605-400
11 of the Department of State Police Law (20 ILCS 2605/2605-400),
12 the Department of State Police is authorized to furnish,
13 pursuant to positive identification, the information contained
14 in State files that is necessary to fulfill the request.
15     (e) The provisions of this Section do not apply to private
16 business and vocational schools as defined by Section 1 of the
17 Private Business and Vocational Schools Act.
18     (f) Beginning July 1, 1995, this Section does not apply to
19 those professions, trades, and occupations licensed under the
20 Real Estate License Act of 2000, nor does it apply to any
21 permits, certificates, or other authorizations to do business
22 provided for in the Land Sales Registration Act of 1989 or the
23 Illinois Real Estate Time-Share Act.
24     (g) The Department may grant the title "Retired", to be
25 used immediately adjacent to the title of a profession
26 regulated by the Department, to eligible retirees. The use of
27 the title "Retired" shall not constitute representation of
28 current licensure, registration, or certification. Any person
29 without an active license, registration, or certificate in a
30 profession that requires licensure, registration, or
31 certification shall not be permitted to practice that
32 profession.
33 (Source: P.A. 91-239, eff. 1-1-00; 91-245, eff. 12-31-99;
34 91-613, eff. 10-1-99; 92-16, eff. 6-28-01.)
 
35     Section 10. The Professional Engineering Practice Act of

 

 

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1 1989 is amended by changing Section 9 as follows:
 
2     (225 ILCS 325/9)  (from Ch. 111, par. 5209)
3     (Section scheduled to be repealed on January 1, 2010)
4     Sec. 9. Licensure qualifications; Examinations; Failure or
5 refusal to take examinations. Examinations provided for by this
6 Act shall be conducted under rules prescribed by the
7 Department. Examinations shall be held not less frequently than
8 semi-annually, at times and places prescribed by the
9 Department, of which applicants shall be notified by the
10 Department in writing.
11     Beginning on or before January 1, 2005, a principles of
12 practice examination in Software Engineering shall be offered
13 to applicants.
14     Examinations of the applicants who seek to practice
15 professional engineering shall ascertain: (a) if the applicant
16 has an adequate understanding of the basic and engineering
17 sciences, which shall embrace subjects required of candidates
18 for an approved baccalaureate degree in engineering, and (b) if
19 the training and experience of the applicant have provided a
20 background for the application of the basic and engineering
21 sciences to the solution of engineering problems. The
22 Department may by rule prescribe additional subjects for
23 examination. If an applicant neglects, fails without an
24 approved excuse, or refuses to take the next available
25 examination offered for licensure under this Act within 3 years
26 after filing the application, the fee paid by the applicant
27 shall be forfeited and the application denied. If an applicant
28 fails to pass an examination for licensure under this Act
29 within 3 years after filing the application, the application
30 shall be denied. However, such applicant may thereafter make a
31 new application for examination, accompanied by the required
32 fee.
33 (Source: P.A. 92-145, eff. 1-1-02.)
 
34     Section 99. Effective date. This Act takes effect January

 

 

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1 1, 2006.