Full Text of SB1221 101st General Assembly
SB1221enr 101ST 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 Regulatory Sunset Act is amended by changing | 5 | | Section 4.32 as follows: | 6 | | (5 ILCS 80/4.32) | 7 | | Sec. 4.32. Acts repealed on January 1, 2022. The following | 8 | | Acts are repealed on January 1, 2022: | 9 | | The Boxing and Full-contact Martial Arts Act. | 10 | | The Collateral Recovery Act. | 11 | | The Detection of Deception Examiners Act.
| 12 | | The Home Inspector License Act.
| 13 | | The Medical Practice Act of 1987. | 14 | | The Registered Interior Designers Act.
| 15 | | The Massage Licensing Act.
| 16 | | The Petroleum Equipment Contractors Licensing Act.
| 17 | | The Real Estate Appraiser Licensing Act of 2002. | 18 | | The Water Well and Pump Installation Contractor's License | 19 | | Act. | 20 | | (Source: P.A. 100-920, eff. 8-17-18.)
| 21 | | (5 ILCS 80/4.29 rep.) | 22 | | Section 10. The Regulatory Sunset Act is amended by |
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| 1 | | repealing Section 4.29. | 2 | | Section 15. The Medical Practice Act of 1987 is amended by | 3 | | changing Sections 21, 36, 38, 39, and 40 as follows:
| 4 | | (225 ILCS 60/21) (from Ch. 111, par. 4400-21)
| 5 | | (Section scheduled to be repealed on December 31, 2019)
| 6 | | Sec. 21. License renewal; reinstatement; inactive status; | 7 | | disposition and
collection of fees. | 8 | | (A) Renewal. The expiration date and renewal period for | 9 | | each
license issued under this Act shall be set by rule. The | 10 | | holder of a
license may renew the license by paying the | 11 | | required fee. The
holder of a
license may also renew the | 12 | | license within 90 days after its expiration by
complying with | 13 | | the requirements for renewal and payment of an additional
fee. | 14 | | A license renewal within 90 days after expiration shall be | 15 | | effective
retroactively to the expiration date.
| 16 | | The Department shall attempt to provide through electronic | 17 | | means to each licensee under this Act, at least 60 days in | 18 | | advance of the expiration date of his or her license, a renewal | 19 | | notice. No such license shall be deemed to have lapsed until 90 | 20 | | days after the expiration date and after the Department has | 21 | | attempted to provide such notice as herein provided. | 22 | | (B) Reinstatement. Any licensee who has permitted his or | 23 | | her
license to lapse or who has had his or her license on | 24 | | inactive
status may have his or her license reinstated by |
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| 1 | | making application
to the Department and filing proof | 2 | | acceptable to the
Department of his or her fitness to have the
| 3 | | license reinstated,
including evidence certifying to active | 4 | | practice in another
jurisdiction satisfactory to the | 5 | | Department, proof of meeting the continuing
education | 6 | | requirements for one renewal period, and by paying
the required | 7 | | reinstatement fee.
| 8 | | If the licensee has not maintained an active practice
in | 9 | | another jurisdiction satisfactory to the Department, the
| 10 | | Licensing Board shall determine, by an evaluation program
| 11 | | established by rule, the applicant's fitness to resume active
| 12 | | status
and may require the licensee to complete a period of
| 13 | | evaluated clinical experience and may require successful
| 14 | | completion of a practical examination specified by the | 15 | | Licensing Board.
| 16 | | However, any registrant whose license has expired while
he | 17 | | or she has been engaged (a) in Federal Service on active
duty
| 18 | | with the Army of the United States, the United States Navy,
the | 19 | | Marine Corps, the Air Force, the Coast Guard, the Public
Health | 20 | | Service or the State Militia called into the service
or | 21 | | training of the United States of America, or (b) in
training or | 22 | | education under the supervision of the United
States | 23 | | preliminary to induction into the military service,
may have | 24 | | his or her license reinstated without paying
any lapsed renewal | 25 | | fees, if within 2 years after honorable
termination of such | 26 | | service, training, or education, he or she
furnishes to the |
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| 1 | | Department with satisfactory evidence to the
effect that he or | 2 | | she has been so engaged and that his or
her
service, training, | 3 | | or education has been so terminated.
| 4 | | (C) Inactive licenses. Any licensee who notifies the
| 5 | | Department, in writing on forms prescribed by the
Department, | 6 | | may elect to place his or her license on an inactive
status and | 7 | | shall, subject to rules of the Department, be
excused from | 8 | | payment of renewal fees until he or she notifies the
Department | 9 | | in writing of his or her desire to resume active
status.
| 10 | | Any licensee requesting reinstatement from inactive
status | 11 | | shall be required to pay the current renewal fee, provide proof | 12 | | of
meeting the continuing education requirements for the period | 13 | | of time the
license is inactive not to exceed one renewal | 14 | | period, and
shall be required to reinstate his or her license | 15 | | as provided
in
subsection (B).
| 16 | | Any licensee whose license is in an inactive status
shall | 17 | | not practice in the State of Illinois.
| 18 | | (D) Disposition of monies collected. All monies
collected | 19 | | under this Act by the Department shall be
deposited in the | 20 | | Illinois State Medical Disciplinary Fund in
the State Treasury, | 21 | | and used only for the following
purposes: (a) by the | 22 | | Disciplinary
Board and Licensing Board in the exercise of its | 23 | | powers and performance of its
duties, as such use is made by | 24 | | the Department with full
consideration of all recommendations | 25 | | of the
Disciplinary Board and Licensing Board, (b) for costs | 26 | | directly related to
persons licensed under this Act, and (c) |
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| 1 | | for direct and allocable indirect
costs related to the public | 2 | | purposes of the Department.
| 3 | | Moneys in the Fund may be transferred to the Professions | 4 | | Indirect Cost Fund
as authorized under Section 2105-300 of the | 5 | | Department of Professional
Regulation Law of the Civil | 6 | | Administrative Code of Illinois (20 ILCS 2105/2105-300) .
| 7 | | The State Comptroller shall order and the State Treasurer | 8 | | shall transfer an amount equal to $1,100,000 from the Illinois | 9 | | State Medical Disciplinary Fund to the Local Government Tax | 10 | | Fund on each of the following dates: July 1, 2014, October 1, | 11 | | 2014, January 1, 2015, July 1, 2017, October 1, 2017, and | 12 | | January 1, 2018. These transfers shall constitute repayment of | 13 | | the $6,600,000 transfer made under Section 6z-18 of the State | 14 | | Finance Act. | 15 | | All earnings received from investment of monies in the
| 16 | | Illinois State Medical Disciplinary Fund shall be deposited
in | 17 | | the Illinois State Medical Disciplinary Fund and shall be
used | 18 | | for the same purposes as fees deposited in such Fund.
| 19 | | (E) Fees. The following fees are nonrefundable.
| 20 | | (1) Applicants for any examination shall be required
to | 21 | | pay, either to the Department or to the designated
testing | 22 | | service, a fee covering the cost of determining the
| 23 | | applicant's eligibility and providing the examination.
| 24 | | Failure to appear for the examination on the scheduled | 25 | | date,
at the time and place specified, after the | 26 | | applicant's
application for examination has been received |
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| 1 | | and
acknowledged by the Department or the designated | 2 | | testing
service, shall result in the forfeiture of the | 3 | | examination
fee.
| 4 | | (2) Before July 1, 2018, the fee for a license under | 5 | | Section 9 of this Act
is $700. Beginning on July 1, 2018, | 6 | | the fee for a license under Section 9 of this Act is $500.
| 7 | | (3) Before July 1, 2018, the fee for a license under | 8 | | Section 19 of this Act
is $700. Beginning on July 1, 2018, | 9 | | the fee for a license under Section 19 of this Act is $500.
| 10 | | (4) Before July 1, 2018, the fee for the renewal of a | 11 | | license for a resident of Illinois
shall be calculated at | 12 | | the rate of $230 per year, and beginning on July 1, 2018, | 13 | | the fee for the renewal of a license shall be $167, except | 14 | | for licensees
who were issued a license within 12 months of | 15 | | the expiration date of the
license, before July 1, 2018, | 16 | | the fee for the renewal shall be $230, and beginning on | 17 | | July 1, 2018 that fee will be $167. Before July 1, 2018, | 18 | | the fee for the renewal
of a license for a nonresident | 19 | | shall be calculated at the rate of $460 per
year, and | 20 | | beginning on July 1, 2018, the fee for the renewal of a | 21 | | license for a nonresident shall be $250, except for | 22 | | licensees
who were issued a license within 12 months of the | 23 | | expiration date of the
license, before July 1, 2018, the | 24 | | fee for the renewal shall be $460, and beginning on July 1, | 25 | | 2018 that fee will be $250.
| 26 | | (5) The fee for the reinstatement of a license other
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| 1 | | than from inactive status, is $230. In addition, payment of | 2 | | all
lapsed renewal fees not to exceed $1,400 is required.
| 3 | | (6) The fee for a 3-year temporary license under
| 4 | | Section 17 is $230.
| 5 | | (7) The fee for the issuance of a duplicate license,
| 6 | | for the issuance of a replacement license for a license
| 7 | | which has been lost or destroyed, or for the issuance of a
| 8 | | license with a change of name or address other than during
| 9 | | the renewal period is $20. No fee is required for name and
| 10 | | address changes on Department records when no duplicate
| 11 | | license is issued.
| 12 | | (8) The fee to be paid for a license record for any
| 13 | | purpose is $20.
| 14 | | (9) The fee to be paid to have the scoring of an
| 15 | | examination, administered by the Department, reviewed and
| 16 | | verified, is $20 plus any fees charged by the applicable
| 17 | | testing service.
| 18 | | (10) The fee to be paid by a licensee for a wall
| 19 | | certificate showing his or her license shall be the actual | 20 | | cost
of producing the certificate as determined by the | 21 | | Department.
| 22 | | (11) The fee for a roster of persons licensed as
| 23 | | physicians in this State shall be the actual cost of
| 24 | | producing such a roster as determined by the Department.
| 25 | | (F) Any person who delivers a check or other payment to the | 26 | | Department that
is returned to the Department unpaid by the |
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| 1 | | financial institution upon
which it is drawn shall pay to the | 2 | | Department, in addition to the amount
already owed to the | 3 | | Department, a fine of $50. The fines imposed by this Section | 4 | | are in addition
to any other discipline provided under this Act | 5 | | for unlicensed
practice or practice on a nonrenewed license. | 6 | | The Department shall notify
the person that payment of fees and | 7 | | fines shall be paid to the Department
by certified check or | 8 | | money order within 30 calendar days of the
notification. If, | 9 | | after the expiration of 30 days from the date of the
| 10 | | notification, the person has failed to submit the necessary | 11 | | remittance, the
Department shall automatically terminate the | 12 | | license or permit or deny
the application, without hearing. If, | 13 | | after termination or denial, the
person seeks a license or | 14 | | permit, he or she shall apply to the
Department for | 15 | | reinstatement or issuance of the license or permit and
pay all | 16 | | fees and fines due to the Department. The Department may | 17 | | establish
a fee for the processing of an application for | 18 | | reinstatement of a license or permit
to pay all expenses of | 19 | | processing this application. The Secretary
may waive the fines | 20 | | due under this Section in individual cases where the
Secretary | 21 | | finds that the fines would be unreasonable or unnecessarily
| 22 | | burdensome.
| 23 | | (Source: P.A. 98-3, eff. 3-8-13; 98-1140, eff. 12-30-14; | 24 | | 99-909, eff. 12-16-16 .)
| 25 | | (225 ILCS 60/36) (from Ch. 111, par. 4400-36)
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| 1 | | (Section scheduled to be repealed on December 31, 2019)
| 2 | | Sec. 36. Investigation; notice. | 3 | | (a) Upon the motion of either the Department
or the | 4 | | Disciplinary Board or upon the verified complaint in
writing of | 5 | | any person setting forth facts which, if proven,
would | 6 | | constitute grounds for suspension or revocation under
Section | 7 | | 22 of this Act, the Department shall investigate the
actions of | 8 | | any person, so accused, who holds or represents
that he or she | 9 | | holds they hold a license. Such person is hereinafter called
| 10 | | the accused.
| 11 | | (b) The Department shall, before suspending, revoking,
| 12 | | placing on probationary status, or taking any other
| 13 | | disciplinary action as the Department may deem proper with
| 14 | | regard to any license at least 30 days prior to the date set
| 15 | | for the hearing, notify the accused in writing of any
charges | 16 | | made and the time and place for a hearing of the
charges before | 17 | | the Disciplinary Board, direct him or her them to file his or | 18 | | her
their written answer thereto to the Disciplinary Board | 19 | | under
oath within 20 days after the service on him or her them | 20 | | of such notice
and inform him or her them that if he or she | 21 | | fails they fail to file such answer
default will be taken | 22 | | against him or her them and his or her their license may be
| 23 | | suspended, revoked, placed on probationary status, or have
| 24 | | other disciplinary action, including limiting the scope,
| 25 | | nature or extent of his or her their practice, as the | 26 | | Department may
deem proper taken with regard thereto. The |
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| 1 | | Department shall, at least 14 days prior to the date set for | 2 | | the hearing, notify in writing any person who filed a complaint | 3 | | against the accused of the time and place for the hearing of | 4 | | the charges against the accused before the Disciplinary Board | 5 | | and inform such person whether he or she may provide testimony | 6 | | at the hearing.
| 7 | | (c) Where a physician has been found, upon complaint and
| 8 | | investigation of the Department, and after hearing, to have
| 9 | | performed an abortion procedure in a wilful and wanton
manner | 10 | | upon a woman who was not pregnant at the time such
abortion | 11 | | procedure was performed, the Department shall
automatically | 12 | | revoke the license of such physician to
practice medicine in | 13 | | Illinois.
| 14 | | (d) Such written notice and any notice in such proceedings
| 15 | | thereafter may be served by personal delivery, email to the | 16 | | respondent's email address of record, or mail to the | 17 | | respondent's delivery of the same,
personally, to the accused | 18 | | person, or by mailing the same by
registered or certified mail | 19 | | to the accused person's address of record.
| 20 | | (e) All information gathered by the Department during its | 21 | | investigation
including information subpoenaed
under Section | 22 | | 23 or 38 of this Act and the investigative file shall be kept | 23 | | for
the confidential use of the Secretary, Disciplinary Board, | 24 | | the Medical
Coordinators, persons employed by contract to | 25 | | advise the Medical Coordinator or
the Department, the
| 26 | | Disciplinary Board's attorneys, the medical investigative |
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| 1 | | staff, and authorized
clerical staff, as provided in this Act | 2 | | and shall be afforded the same status
as is provided | 3 | | information concerning medical studies in Part 21 of Article
| 4 | | VIII of the Code of Civil Procedure, except that the Department | 5 | | may disclose information and documents to a federal, State, or | 6 | | local law enforcement agency pursuant to a subpoena in an | 7 | | ongoing criminal investigation to a health care licensing body | 8 | | of this State or another state or jurisdiction pursuant to an | 9 | | official request made by that licensing body. Furthermore, | 10 | | information and documents disclosed to a federal, State, or | 11 | | local law enforcement agency may be used by that agency only | 12 | | for the investigation and prosecution of a criminal offense or, | 13 | | in the case of disclosure to a health care licensing body, only | 14 | | for investigations and disciplinary action proceedings with | 15 | | regard to a license issued by that licensing body.
| 16 | | (Source: P.A. 97-449, eff. 1-1-12; 97-622, eff. 11-23-11; | 17 | | 98-1140, eff. 12-30-14 .)
| 18 | | (225 ILCS 60/38) (from Ch. 111, par. 4400-38)
| 19 | | (Section scheduled to be repealed on December 31, 2019)
| 20 | | Sec. 38. Subpoena; oaths. | 21 | | (a) The Disciplinary Board or Department has
power to | 22 | | subpoena and bring before it any person in this
State and to | 23 | | take testimony either orally or by deposition,
or both, with | 24 | | the same fees and mileage and in the same
manner as is | 25 | | prescribed by law for judicial procedure in
civil cases.
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| 1 | | (b) The Disciplinary Board, upon a determination that
| 2 | | probable cause exists that a violation of one or more of the
| 3 | | grounds for discipline listed in Section 22 has occurred or
is | 4 | | occurring, may subpoena the medical and hospital records
of | 5 | | individual patients of physicians licensed under this
Act, | 6 | | provided, that prior to the submission of such records
to the | 7 | | Disciplinary Board, all information indicating the
identity of | 8 | | the patient shall be removed and deleted.
Notwithstanding the | 9 | | foregoing, the Disciplinary Board and Department shall
possess | 10 | | the power to subpoena copies of hospital or medical records in
| 11 | | mandatory report cases under Section 23 alleging death or | 12 | | permanent bodily
injury when consent to obtain records is not | 13 | | provided by a patient or legal
representative. Prior to | 14 | | submission of the records to the Disciplinary Board,
all
| 15 | | information indicating the identity of the patient shall be | 16 | | removed and
deleted. All
medical records and other information | 17 | | received pursuant to subpoena shall
be
confidential and shall | 18 | | be afforded the same status as is proved information
concerning | 19 | | medical studies in Part 21 of Article VIII of the Code of Civil
| 20 | | Procedure.
The
use of such records shall be restricted to | 21 | | members of the
Disciplinary Board, the medical coordinators, | 22 | | and
appropriate staff of the Department designated
by the | 23 | | Disciplinary Board for the
purpose of determining the existence | 24 | | of one or more grounds
for discipline of the physician as | 25 | | provided for by Section
22 of this Act. Any such review of | 26 | | individual patients'
records shall be conducted by the |
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| 1 | | Disciplinary Board in
strict confidentiality, provided that | 2 | | such patient records
shall be admissible in a disciplinary | 3 | | hearing, before the
Disciplinary Board, when necessary to | 4 | | substantiate the
grounds for discipline alleged against the | 5 | | physician
licensed under this Act, and provided further, that | 6 | | nothing
herein shall be deemed to supersede the provisions of | 7 | | Part
21 of Article VIII of the "Code of Civil Procedure", as | 8 | | now
or hereafter amended, to the extent applicable.
| 9 | | (c) The Secretary, hearing officer, and any member of the | 10 | | Disciplinary Board
each have power to administer oaths at any | 11 | | hearing which the
Disciplinary Board or Department is | 12 | | authorized by law to
conduct.
| 13 | | (d) The Disciplinary Board, upon a determination that
| 14 | | probable cause exists that a violation of one or more of the
| 15 | | grounds for discipline listed in Section 22 has occurred or
is | 16 | | occurring on the business premises of a physician
licensed | 17 | | under this Act, may issue an order authorizing an
appropriately | 18 | | qualified investigator employed by the
Department to enter upon | 19 | | the business premises with due
consideration for patient care | 20 | | of the subject of the
investigation so as to inspect the | 21 | | physical premises and
equipment and furnishings therein. No | 22 | | such order shall
include the right of inspection of business, | 23 | | medical, or
personnel records located on the premises. For | 24 | | purposes of
this Section, "business premises" is defined as the | 25 | | office
or offices where the physician conducts the practice of
| 26 | | medicine. Any such order shall expire and become void five
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| 1 | | business days after its issuance by the Disciplinary Board.
The | 2 | | execution of any such order shall be valid only during
the | 3 | | normal business hours of the facility or office to be
| 4 | | inspected.
| 5 | | (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14 .)
| 6 | | (225 ILCS 60/39) (from Ch. 111, par. 4400-39)
| 7 | | (Section scheduled to be repealed on December 31, 2019)
| 8 | | Sec. 39. Certified shorthand reporter; record. The | 9 | | Department, at its expense, shall
provide a certified shorthand | 10 | | reporter to take down the testimony and
preserve a record of | 11 | | all proceedings at the hearing of any
case wherein a license | 12 | | may be revoked, suspended, placed on
probationary status, or | 13 | | other disciplinary action taken with
regard thereto in | 14 | | accordance with Section 2105-115 of the Department of | 15 | | Professional Regulation Law of the Civil Administrative Code of | 16 | | Illinois . The notice of hearing, complaint and all
other | 17 | | documents in the nature of pleadings and written
motions filed | 18 | | in the proceedings, the transcript of
testimony, the report of | 19 | | the hearing officer, exhibits, the report of the Licensing | 20 | | Board , and the orders
of the Department constitute the record | 21 | | of the proceedings.
The Department shall furnish a copy of the | 22 | | record to
any person interested in such hearing upon payment of | 23 | | the fee required
under Section 2105-115 of the Department of | 24 | | Professional Regulation
Law (20 ILCS 2105/2105-115). The | 25 | | Department may contract for court reporting services, and, in |
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| 1 | | the event it does so, the Department shall provide the name and | 2 | | contact information for the certified shorthand reporter who | 3 | | transcribed the testimony at a hearing to any person | 4 | | interested, who may obtain a copy of the record of any | 5 | | proceedings at a hearing upon payment of the fee specified by | 6 | | the certified shorthand reporter. This charge is in addition to | 7 | | any fee charged by the Department for certifying the record.
| 8 | | (Source: P.A. 100-429, eff. 8-25-17.)
| 9 | | (225 ILCS 60/40) (from Ch. 111, par. 4400-40)
| 10 | | (Section scheduled to be repealed on December 31, 2019)
| 11 | | Sec. 40. Findings and recommendations; rehearing. | 12 | | (a) The Disciplinary Board shall present to
the Secretary a | 13 | | written report of its findings and
recommendations. A copy of | 14 | | such report shall be served upon
the accused person, either | 15 | | personally or by registered or
certified mail or email . Within | 16 | | 20 days after such service, the
accused person may present to | 17 | | the Department his or her their motion,
in writing, for a | 18 | | rehearing, which written motion shall
specify the particular | 19 | | ground therefor. If the accused
person orders and pays for a | 20 | | transcript of the record as
provided in Section 39, the time | 21 | | elapsing thereafter and
before such transcript is ready for | 22 | | delivery to them shall
not be counted as part of such 20 days.
| 23 | | (b) At the expiration of the time allowed for filing a
| 24 | | motion for rehearing, the Secretary may take the action
| 25 | | recommended by the Disciplinary Board. Upon the suspension,
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| 1 | | revocation, placement on probationary status, or the taking
of | 2 | | any other disciplinary action, including the limiting of
the | 3 | | scope, nature, or extent of one's practice, deemed
proper by | 4 | | the Department, with regard to the license or permit, the | 5 | | accused shall
surrender his or her their license or permit to | 6 | | the Department, if ordered to do
so by the Department, and upon | 7 | | his or her their failure or refusal so
to do, the Department | 8 | | may seize the same.
| 9 | | (c) Each order of revocation, suspension, or
other | 10 | | disciplinary action shall contain a brief, concise
statement of | 11 | | the ground or grounds upon which the
Department's action is | 12 | | based, as well as the specific terms
and conditions of such | 13 | | action. This document shall be
retained as a permanent record | 14 | | by the Disciplinary Board and
the Secretary.
| 15 | | (d) The Department shall at least annually publish a list
| 16 | | of the names of all persons disciplined under this Act in
the | 17 | | preceding 12 months. Such lists shall be available by the
| 18 | | Department on its website.
| 19 | | (e) In those instances where an order of revocation,
| 20 | | suspension, or other disciplinary action has been rendered
by | 21 | | virtue of a physician's physical illness, including, but
not | 22 | | limited to, deterioration through the aging process, or
loss of | 23 | | motor skill which results in a physician's inability
to | 24 | | practice medicine with reasonable judgment, skill, or
safety, | 25 | | the Department shall only permit this document, and
the record | 26 | | of the hearing incident thereto, to be observed,
inspected, |
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| 1 | | viewed, or copied pursuant to court order.
| 2 | | (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14 .)
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law. |
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