Full Text of SB0670 102nd General Assembly
SB0670ham001 102ND GENERAL ASSEMBLY | Rep. Michael Halpin Filed: 3/25/2022
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| 1 | | AMENDMENT TO SENATE BILL 670
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 670 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 | 11 | | and 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, registrations,
certificates, and authorities, | 6 | | whether by 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;
| 16 | | provided, that no school, college, or university, or | 17 | | department of a
university, or other institution that | 18 | | refuses admittance to applicants
solely on account of | 19 | | race, color, creed, sex, sexual orientation, or national | 20 | | origin shall be
considered 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 | 25 | | to licenses, registrations, certificates, or authorities | 26 | | of persons
exercising the respective professions, trades, |
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| 1 | | or occupations and to
revoke, suspend, refuse to renew, | 2 | | place on probationary status, or take
other disciplinary | 3 | | action as authorized in any licensing Act
administered by | 4 | | the Department with regard to those licenses, | 5 | | registrations,
certificates, or authorities. | 6 | | The Department shall issue a monthly
disciplinary | 7 | | report. | 8 | | The Department shall refuse to issue or renew a | 9 | | license or registration to,
or shall suspend or revoke a | 10 | | license or registration of, any person who, after | 11 | | receiving
notice, fails to comply with a subpoena or | 12 | | warrant relating to a paternity or
child support | 13 | | proceeding. However, the Department may issue a license , | 14 | | registration, or
renewal upon compliance with the subpoena | 15 | | or warrant.
| 16 | | The Department, without further process or hearings, | 17 | | shall revoke, suspend,
or deny any license , registration, | 18 | | or renewal authorized by the Civil Administrative Code of
| 19 | | Illinois to a person who is certified by the Department of | 20 | | Healthcare and Family Services (formerly Illinois | 21 | | Department of Public Aid)
as being more than 30 days | 22 | | delinquent in complying with a child support order
or who | 23 | | is certified by a court as being in violation of the | 24 | | Non-Support
Punishment Act for more than 60 days. The | 25 | | Department may, however, issue a
license , registration, or | 26 | | renewal if the person has established a satisfactory |
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| 1 | | repayment
record as determined by the Department of | 2 | | Healthcare and Family Services (formerly
Illinois | 3 | | Department of Public Aid) or if the person
is determined | 4 | | by the court to be in compliance with the Non-Support | 5 | | Punishment
Act. The Department may implement this | 6 | | paragraph as added by Public Act 89-6
through the use of | 7 | | emergency rules in accordance with Section 5-45 of the
| 8 | | Illinois Administrative Procedure Act. For purposes of the | 9 | | Illinois
Administrative Procedure Act, the adoption of | 10 | | rules to implement this
paragraph shall be considered an | 11 | | emergency and necessary for the public
interest, safety, | 12 | | and welfare.
| 13 | | (6) To transfer jurisdiction of any realty under the | 14 | | control of the
Department to any other department of the | 15 | | State Government or to acquire
or accept federal lands | 16 | | when the transfer, acquisition, or acceptance is
| 17 | | advantageous to the State and is approved in writing by | 18 | | the Governor.
| 19 | | (7) To formulate rules and regulations necessary for | 20 | | the enforcement of
any Act administered by the Department.
| 21 | | (8) To exchange with the Department of Healthcare and | 22 | | Family Services information
that may be necessary for the | 23 | | enforcement of child support orders entered
pursuant to | 24 | | the Illinois Public Aid Code, the Illinois Marriage and | 25 | | Dissolution
of Marriage Act, the Non-Support of Spouse and | 26 | | Children Act, the Non-Support
Punishment Act, the Revised |
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| 1 | | Uniform Reciprocal Enforcement of Support Act, the
Uniform | 2 | | Interstate Family Support Act, the Illinois Parentage Act | 3 | | of 1984, or the Illinois Parentage Act of 2015.
| 4 | | Notwithstanding any provisions in this Code to the | 5 | | contrary, the Department of
Professional Regulation shall | 6 | | not be liable under any federal or State law to
any person | 7 | | for any disclosure of information to the Department of | 8 | | Healthcare and Family Services (formerly Illinois | 9 | | Department of
Public Aid)
under this paragraph (8) or for | 10 | | any other action taken in good faith
to comply with the | 11 | | requirements of this paragraph (8).
| 12 | | (8.3) To exchange information with the Department of | 13 | | Human Rights regarding recommendations received under | 14 | | paragraph (B) of Section 8-109 of the Illinois Human | 15 | | Rights Act regarding a licensee or candidate for licensure | 16 | | who has committed a civil rights violation that may lead | 17 | | to the refusal, suspension, or revocation of a license or | 18 | | registration from the Department. | 19 | | (8.5) To accept continuing education credit for | 20 | | mandated reporter training on how to recognize and report | 21 | | child abuse offered by the Department of Children and | 22 | | Family Services and completed by any person who holds a | 23 | | professional license or registration issued by the | 24 | | Department and who is a mandated reporter under the Abused | 25 | | and Neglected Child Reporting Act. The Department shall | 26 | | adopt any rules necessary to implement this paragraph. |
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| 1 | | (9) To perform other duties prescribed
by law.
| 2 | | (a-5) Except in cases involving delinquency in complying | 3 | | with a child support order or violation of the Non-Support | 4 | | Punishment Act and notwithstanding anything that may appear in | 5 | | any individual licensing Act or administrative rule, no person | 6 | | or entity whose license, registration, certificate, or | 7 | | authority has been revoked as authorized in any licensing Act | 8 | | administered by the Department may apply for restoration of | 9 | | that license, registration, certification, or authority until | 10 | | 3 years after the effective date of the revocation. | 11 | | (b) (Blank).
| 12 | | (c) For the purpose of securing and preparing evidence, | 13 | | and 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 | 22 | | appropriated for that
purpose. Those sums may be advanced to | 23 | | the agent when the Director deems that
procedure to be in the | 24 | | public interest. Sums for the purchase of controlled
| 25 | | substances, professional services, and equipment necessary for | 26 | | enforcement
activities and other activities as set forth in |
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| 1 | | this Section shall be advanced
to the agent who is to make the | 2 | | purchase from the Professional Regulation
Evidence Fund on | 3 | | vouchers signed by the Director. The Director and those
agents | 4 | | are authorized to maintain one or more commercial checking | 5 | | accounts with
any State banking corporation or corporations | 6 | | organized under or subject to the
Illinois Banking Act for the | 7 | | deposit and withdrawal of moneys to be used for
the purposes | 8 | | set forth in this Section; provided, that no check may be | 9 | | written
nor any withdrawal made from any such account except | 10 | | upon the written
signatures of 2 persons designated by the | 11 | | Director to write those checks and
make those withdrawals. | 12 | | Vouchers for those expenditures must be signed by the
| 13 | | Director. All such expenditures shall be audited by the | 14 | | Director, and the
audit shall be submitted to the Department | 15 | | of Central Management Services for
approval.
| 16 | | (d) Whenever the Department is authorized or required by | 17 | | law to consider
some aspect of criminal history record | 18 | | information for the purpose of carrying
out its statutory | 19 | | powers and responsibilities, then, upon request and payment
of | 20 | | fees in conformance with the requirements of Section 2605-400 | 21 | | of the Illinois
State Police Law, the Illinois State
Police is | 22 | | authorized to furnish, pursuant to positive identification, | 23 | | the
information contained in State files that is necessary to | 24 | | fulfill the request.
| 25 | | (e) The provisions of this Section do not apply to private | 26 | | business and
vocational schools as defined by Section 15 of |
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| 1 | | the Private Business and
Vocational Schools Act of 2012.
| 2 | | (f) (Blank).
| 3 | | (f-5) Notwithstanding anything that may appear in any | 4 | | individual licensing statute or administrative rule, the | 5 | | Department shall allow an applicant to provide his or her | 6 | | individual taxpayer identification number as an alternative to | 7 | | providing a social security number when applying for a license | 8 | | or registration . | 9 | | (g) Notwithstanding anything that may appear in any | 10 | | individual licensing statute or administrative rule, the | 11 | | Department shall deny any license or registration application | 12 | | or renewal authorized under any licensing Act administered by | 13 | | the Department to any person who has failed to file a return, | 14 | | or to pay the tax, penalty, or interest shown in a filed | 15 | | return, or to pay any final assessment of tax, penalty, or | 16 | | interest, as required by any tax Act administered by the | 17 | | Illinois Department of Revenue, until such time as the | 18 | | requirement of any such tax Act are satisfied; however, the | 19 | | Department may issue a license , registration, or renewal if | 20 | | the person has established a satisfactory repayment record as | 21 | | determined by the Illinois Department of Revenue. For the | 22 | | purpose of this Section, "satisfactory repayment record" shall | 23 | | be defined by rule.
| 24 | | In addition, a complaint filed with the Department by the | 25 | | Illinois Department of Revenue that includes a certification, | 26 | | signed by its Director or designee, attesting to the amount of |
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| 1 | | the unpaid tax liability or the years for which a return was | 2 | | not filed, or both, is prima facie evidence of the licensee's | 3 | | failure to comply with the tax laws administered by the | 4 | | Illinois Department of Revenue. Upon receipt of that | 5 | | certification, the Department shall, without a hearing, | 6 | | immediately suspend all licenses held by the licensee. | 7 | | Enforcement of the Department's order shall be stayed for 60 | 8 | | days. The Department shall provide notice of the suspension to | 9 | | the licensee by mailing a copy of the Department's order to the | 10 | | licensee's address of record or emailing a copy of the order to | 11 | | the licensee's email address of record. The notice shall | 12 | | advise the licensee that the suspension shall be effective 60 | 13 | | days after the issuance of the Department's order unless the | 14 | | Department receives, from the licensee, a request for a | 15 | | hearing before the Department to dispute the matters contained | 16 | | in the order.
| 17 | | Any suspension imposed under this subsection (g) shall be | 18 | | terminated by the Department upon notification from the | 19 | | Illinois Department of Revenue that the licensee is in | 20 | | compliance with all tax laws administered by the Illinois | 21 | | Department of Revenue.
| 22 | | The Department may promulgate rules for the administration | 23 | | of this subsection (g).
| 24 | | (h) 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. For |
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| 1 | | individuals licensed under the Medical Practice Act of 1987, | 2 | | the title "Retired" may be used in the profile required by the | 3 | | Patients' Right to Know Act. The use of the title "Retired" | 4 | | shall not constitute representation of current licensure, | 5 | | registration, or certification. Any person without an active | 6 | | license, registration, or certificate in a profession that | 7 | | requires licensure, registration, or certification shall not | 8 | | be permitted to practice that profession. | 9 | | (i) The Department shall make available on its website | 10 | | general information explaining how the Department utilizes | 11 | | criminal history information in making licensure application | 12 | | decisions, including a list of enumerated offenses that serve | 13 | | as a statutory bar to licensure. | 14 | | (j) Review of an application for a license or registration | 15 | | issued by the Department shall occur within 30 days after the | 16 | | date on which the Department receives all complete and | 17 | | necessary documentation and approval by any board or | 18 | | commission required for licensure, including any required | 19 | | information from State and federal agencies. | 20 | | This Section shall not apply to applications that are | 21 | | complete but are referred for further review of personal | 22 | | history or disciplinary issues. | 23 | | This Section shall not apply to interruptions caused by | 24 | | acts of God or events otherwise outside the control of the | 25 | | Department. | 26 | | For purposes of this Section, "board" or "commission" |
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| 1 | | includes, but is not limited to, any board created by rule, | 2 | | statute, or Executive Order either now in existence or that | 3 | | may be formed by any future rule, statute, or Executive Order | 4 | | after the effective date of this amendatory Act of the 102nd | 5 | | General Assembly. | 6 | | Nothing in this Section shall interfere or conflict with | 7 | | Section 5-715 or hereinafter amended. | 8 | | Nothing in this Section shall create a private right of | 9 | | action against the Department or any of its officers, | 10 | | directors, or employees. | 11 | | | 12 | | (Source: P.A. 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; | 13 | | 102-538, eff. 8-20-21.)".
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