Full Text of HB0133 101st General Assembly
HB0133ham001 101ST GENERAL ASSEMBLY | Rep. Arthur Turner Filed: 3/18/2019
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| 1 | | AMENDMENT TO HOUSE BILL 133
| 2 | | AMENDMENT NO. ______. Amend House Bill 133 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Department of Professional Regulation Law | 5 | | of the
Civil Administrative Code of Illinois is amended by | 6 | | changing Section 2105-15 as follows:
| 7 | | (20 ILCS 2105/2105-15)
| 8 | | Sec. 2105-15. General powers and duties.
| 9 | | (a) The Department has, subject to the provisions of the | 10 | | Civil
Administrative Code of Illinois, the following powers and | 11 | | duties:
| 12 | | (1) To authorize examinations in English to ascertain | 13 | | the qualifications
and fitness of applicants to exercise | 14 | | the profession, trade, or occupation for
which the | 15 | | examination is held.
| 16 | | (2) To prescribe rules and regulations for a fair and |
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| 1 | | wholly
impartial method of examination of candidates to | 2 | | exercise the respective
professions, trades, or | 3 | | occupations.
| 4 | | (3) To pass upon the qualifications of applicants for | 5 | | licenses,
certificates, and authorities, whether by | 6 | | examination, by reciprocity, or by
endorsement.
| 7 | | (4) To prescribe rules and regulations defining, for | 8 | | the
respective
professions, trades, and occupations, what | 9 | | shall constitute a school,
college, or university, or | 10 | | department of a university, or other
institution, | 11 | | reputable and in good standing, and to determine the
| 12 | | reputability and good standing of a school, college, or | 13 | | university, or
department of a university, or other | 14 | | institution, reputable and in good
standing, by reference | 15 | | to a compliance with those rules and regulations;
provided, | 16 | | that no school, college, or university, or department of a
| 17 | | university, or other institution that refuses admittance | 18 | | to applicants
solely on account of race, color, creed, sex, | 19 | | sexual orientation, or national origin shall be
considered | 20 | | reputable and in good standing.
| 21 | | (5) To conduct hearings on proceedings to revoke, | 22 | | suspend, refuse to
renew, place on probationary status, or | 23 | | take other disciplinary action
as authorized in any | 24 | | licensing Act administered by the Department
with regard to | 25 | | licenses, certificates, or authorities of persons
| 26 | | exercising the respective professions, trades, or |
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| 1 | | occupations and to
revoke, suspend, refuse to renew, place | 2 | | on probationary status, or take
other disciplinary action | 3 | | as authorized in any licensing Act
administered by the | 4 | | Department with regard to those licenses,
certificates, or | 5 | | authorities. | 6 | | The Department shall issue a monthly
disciplinary | 7 | | report. | 8 | | The Department shall refuse to issue or renew a license | 9 | | to,
or shall suspend or revoke a license of, any person | 10 | | who, after receiving
notice, fails to comply with a | 11 | | subpoena or warrant relating to a paternity or
child | 12 | | support proceeding. However, the Department may issue a | 13 | | license or
renewal upon compliance with the subpoena or | 14 | | warrant.
| 15 | | The Department, without further process or hearings, | 16 | | shall revoke, suspend,
or deny any license or renewal | 17 | | authorized by the Civil Administrative Code of
Illinois to | 18 | | a person who is certified by the Department of Healthcare | 19 | | and Family Services (formerly Illinois Department of | 20 | | Public Aid)
as being more than 30 days delinquent in | 21 | | complying with a child support order
or who is certified by | 22 | | a court as being in violation of the Non-Support
Punishment | 23 | | Act for more than 60 days. The Department may, however, | 24 | | issue a
license or renewal if the person has established a | 25 | | satisfactory repayment
record as determined by the | 26 | | Department of Healthcare and Family Services (formerly
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| 1 | | Illinois Department of Public Aid) or if the person
is | 2 | | determined by the court to be in compliance with the | 3 | | Non-Support Punishment
Act. The Department may implement | 4 | | this paragraph as added by Public Act 89-6
through the use | 5 | | of emergency rules in accordance with Section 5-45 of the
| 6 | | Illinois Administrative Procedure Act. For purposes of the | 7 | | Illinois
Administrative Procedure Act, the adoption of | 8 | | rules to implement this
paragraph shall be considered an | 9 | | emergency and necessary for the public
interest, safety, | 10 | | and welfare.
| 11 | | (6) To transfer jurisdiction of any realty under the | 12 | | control of the
Department to any other department of the | 13 | | State Government or to acquire
or accept federal lands when | 14 | | the transfer, acquisition, or acceptance is
advantageous | 15 | | to the State and is approved in writing by the Governor.
| 16 | | (7) To formulate rules and regulations necessary for | 17 | | the enforcement of
any Act administered by the Department.
| 18 | | (8) To exchange with the Department of Healthcare and | 19 | | Family Services information
that may be necessary for the | 20 | | enforcement of child support orders entered
pursuant to the | 21 | | Illinois Public Aid Code, the Illinois Marriage and | 22 | | Dissolution
of Marriage Act, the Non-Support of Spouse and | 23 | | Children Act, the Non-Support
Punishment Act, the Revised | 24 | | Uniform Reciprocal Enforcement of Support Act, the
Uniform | 25 | | Interstate Family Support Act, the Illinois Parentage Act | 26 | | of 1984, or the Illinois Parentage Act of 2015.
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| 1 | | Notwithstanding any provisions in this Code to the | 2 | | contrary, the Department of
Professional Regulation shall | 3 | | not be liable under any federal or State law to
any person | 4 | | for any disclosure of information to the Department of | 5 | | Healthcare and Family Services (formerly Illinois | 6 | | Department of
Public Aid)
under this paragraph (8) or for | 7 | | any other action taken in good faith
to comply with the | 8 | | requirements of this paragraph (8).
| 9 | | (8.3) To exchange information with the Department of | 10 | | Human Rights regarding recommendations received under | 11 | | paragraph (B) of Section 8-109 of the Illinois Human Rights | 12 | | Act regarding a licensee or candidate for licensure who has | 13 | | committed a civil rights violation that may lead to the | 14 | | refusal, suspension, or revocation of a license from the | 15 | | Department. | 16 | | (8.5) To accept continuing education credit for | 17 | | mandated reporter training on how to recognize and report | 18 | | child abuse offered by the Department of Children and | 19 | | Family Services and completed by any person who holds a | 20 | | professional license issued by the Department and who is a | 21 | | mandated reporter under the Abused and Neglected Child | 22 | | Reporting Act. The Department shall adopt any rules | 23 | | necessary to implement this paragraph. | 24 | | (9) To perform other duties prescribed
by law.
| 25 | | (a-5) Except in cases involving delinquency in complying | 26 | | with a child support order or violation of the Non-Support |
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| 1 | | Punishment Act and notwithstanding anything that may appear in | 2 | | any individual licensing Act or administrative rule, no person | 3 | | or entity whose license, certificate, or authority has been | 4 | | revoked as authorized in any licensing Act administered by the | 5 | | Department may apply for restoration of that license, | 6 | | certification, or authority until 3 years after the effective | 7 | | date of the revocation. | 8 | | (b) (Blank).
| 9 | | (c) For the purpose of securing and preparing evidence, and | 10 | | for the purchase
of controlled substances, professional | 11 | | services, and equipment necessary for
enforcement activities, | 12 | | recoupment of investigative costs, and other activities
| 13 | | directed at suppressing the misuse and abuse of controlled | 14 | | substances,
including those activities set forth in Sections | 15 | | 504 and 508 of the Illinois
Controlled Substances Act, the | 16 | | Director and agents appointed and authorized by
the Director | 17 | | may expend sums from the Professional Regulation Evidence Fund
| 18 | | that the Director deems necessary from the amounts appropriated | 19 | | for that
purpose. Those sums may be advanced to the agent when | 20 | | the Director deems that
procedure to be in the public interest. | 21 | | Sums for the purchase of controlled
substances, professional | 22 | | services, and equipment necessary for enforcement
activities | 23 | | and other activities as set forth in this Section shall be | 24 | | advanced
to the agent who is to make the purchase from the | 25 | | Professional Regulation
Evidence Fund on vouchers signed by the | 26 | | Director. The Director and those
agents are authorized to |
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| 1 | | maintain one or more commercial checking accounts with
any | 2 | | State banking corporation or corporations organized under or | 3 | | subject to the
Illinois Banking Act for the deposit and | 4 | | withdrawal of moneys to be used for
the purposes set forth in | 5 | | this Section; provided, that no check may be written
nor any | 6 | | withdrawal made from any such account except upon the written
| 7 | | signatures of 2 persons designated by the Director to write | 8 | | those checks and
make those withdrawals. Vouchers for those | 9 | | expenditures must be signed by the
Director. All such | 10 | | expenditures shall be audited by the Director, and the
audit | 11 | | shall be submitted to the Department of Central Management | 12 | | Services for
approval.
| 13 | | (d) Whenever the Department is authorized or required by | 14 | | law to consider
some aspect of criminal history record | 15 | | information for the purpose of carrying
out its statutory | 16 | | powers and responsibilities, then, upon request and payment
of | 17 | | fees in conformance with the requirements of Section 2605-400 | 18 | | of the
Department of State Police Law (20 ILCS 2605/2605-400), | 19 | | the Department of State
Police is authorized to furnish, | 20 | | pursuant to positive identification, the
information contained | 21 | | in State files that is necessary to fulfill the request.
| 22 | | (e) The provisions of this Section do not apply to private | 23 | | business and
vocational schools as defined by Section 15 of the | 24 | | Private Business and
Vocational Schools Act of 2012.
| 25 | | (f) (Blank).
| 26 | | (f-5) Notwithstanding anything that may appear in any |
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| 1 | | individual licensing statute or administrative rule, the | 2 | | Department shall allow an applicant to provide his or her | 3 | | individual taxpayer identification number as an alternative to | 4 | | providing a social security number when applying for a license. | 5 | | (g) Notwithstanding anything that may appear in any | 6 | | individual licensing statute or administrative rule, the | 7 | | Department shall deny any license application or renewal | 8 | | authorized under any licensing Act administered by the | 9 | | Department to any person who has failed to file a return, or to | 10 | | pay the tax, penalty, or interest shown in a filed return, or | 11 | | to pay any final assessment of tax, penalty, or interest, as | 12 | | required by any tax Act administered by the Illinois Department | 13 | | of Revenue, until such time as the requirement of any such tax | 14 | | Act are satisfied; however, the Department may issue a license | 15 | | or renewal if the person has established a satisfactory | 16 | | repayment record as determined by the Illinois Department of | 17 | | Revenue. For the purpose of this Section, "satisfactory | 18 | | repayment record" shall be defined by rule.
| 19 | | In addition, a complaint filed with the Department by the | 20 | | Illinois Department of Revenue that includes a certification, | 21 | | signed by its Director or designee, attesting to the amount of | 22 | | the unpaid tax liability or the years for which a return was | 23 | | not filed, or both, is prima facie evidence of the licensee's | 24 | | failure to comply with the tax laws administered by the | 25 | | Illinois Department of Revenue. Upon receipt of that | 26 | | certification, the Department shall, without a hearing, |
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| 1 | | immediately suspend all licenses held by the licensee. | 2 | | Enforcement of the Department's order shall be stayed for 60 | 3 | | days. The Department shall provide notice of the suspension to | 4 | | the licensee by mailing a copy of the Department's order to the | 5 | | licensee's address of record or emailing a copy of the order to | 6 | | the licensee's email address of record. The notice shall advise | 7 | | the licensee that the suspension shall be effective 60 days | 8 | | after the issuance of the Department's order unless the | 9 | | Department receives, from the licensee, a request for a hearing | 10 | | before the Department to dispute the matters contained in the | 11 | | order.
| 12 | | Any suspension imposed under this subsection (g) shall be | 13 | | terminated by the Department upon notification from the | 14 | | Illinois Department of Revenue that the licensee is in | 15 | | compliance with all tax laws administered by the Illinois | 16 | | Department of Revenue.
| 17 | | The Department may promulgate rules for the administration | 18 | | of this subsection (g).
| 19 | | (h) The Department may grant the title "Retired", to be | 20 | | used immediately adjacent to the title of a profession | 21 | | regulated by the Department, to eligible retirees. For | 22 | | individuals licensed under the Medical Practice Act of 1987, | 23 | | the title "Retired" may be used in the profile required by the | 24 | | Patients' Right to Know Act. The use of the title "Retired" | 25 | | shall not constitute representation of current licensure, | 26 | | registration, or certification. Any person without an active |
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| 1 | | license, registration, or certificate in a profession that | 2 | | requires licensure, registration, or certification shall not | 3 | | be permitted to practice that profession. | 4 | | (i) The Department shall make available on its website | 5 | | general information explaining how the Department utilizes | 6 | | criminal history information in making licensure application | 7 | | decisions, including a list of enumerated offenses that serve | 8 | | as a statutory bar to licensure. | 9 | | (Source: P.A. 99-85, eff. 1-1-16; 99-227, eff. 8-3-15; 99-330, | 10 | | eff. 8-10-15; 99-642, eff. 7-28-16; 99-933, eff. 1-27-17; | 11 | | 100-262, eff. 8-22-17; 100-863, eff. 8-14-18; 100-872, eff. | 12 | | 8-14-18; 100-883, eff. 8-14-18; 100-1078, eff. 1-1-19; revised | 13 | | 10-18-18.)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.".
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