Full Text of SB1525 100th General Assembly
SB1525eng 100TH GENERAL ASSEMBLY |
| | SB1525 Engrossed | | LRB100 05778 SMS 15801 b |
|
| 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, 2105-15, 2105-100, 2105-115, | 7 | | 2105-120, 2105-125, 2105-165, 2105-170, and 2105-207 and by | 8 | | adding Section 2105-7 as follows:
| 9 | | (20 ILCS 2105/2105-5) (was 20 ILCS 2105/60b)
| 10 | | Sec. 2105-5. Definitions. In this Law:
| 11 | | "Address of record" means the designated address recorded | 12 | | by the Department in the applicant's application file or the | 13 | | licensee's license file, as maintained by the Department's | 14 | | licensure maintenance unit. An address of record must be a | 15 | | street address, not a post office box or any other similar | 16 | | location. | 17 | | "Applicant" means an applicant for a license, | 18 | | certification, registration, permit, or other authority issued | 19 | | or conferred by the Department by virtue or authority of which | 20 | | the licensee has or claims the right to engage in a profession, | 21 | | trade, occupation, or operation of which the Department has | 22 | | jurisdiction. | 23 | | "Department" means the Division of Professional Regulation |
| | | SB1525 Engrossed | - 2 - | LRB100 05778 SMS 15801 b |
|
| 1 | | of the Department of Financial and Professional Regulation. Any | 2 | | reference in this Article to the "Department of Professional | 3 | | Regulation" shall be deemed to mean the "Division of | 4 | | Professional Regulation of the Department of Financial and | 5 | | Professional Regulation".
| 6 | | "Director" means the Director of Professional Regulation.
| 7 | | "Email address of record" means the designated email | 8 | | address recorded by the Department in the applicant's | 9 | | application file or the licensee's license file, as maintained | 10 | | by the Department's licensure maintenance unit. | 11 | | "Board" means the board of persons designated for a | 12 | | profession, trade, or
occupation under the provisions of any | 13 | | Act now or hereafter in force whereby
the jurisdiction of that | 14 | | profession, trade, or occupation is devolved on the
Department.
| 15 | | "License" "Certificate" means a license, certificate of | 16 | | registration, certification, permit, or other
authority | 17 | | purporting to be issued or conferred by the Department by | 18 | | virtue or
authority of which the licensee registrant has or | 19 | | claims the right to engage in a
profession, trade, occupation, | 20 | | or operation of which the Department has
jurisdiction.
| 21 | | "Licensee" "Registrant" means a person who holds or claims | 22 | | to hold a license certificate . An unlicensed person or entity | 23 | | that holds himself, herself, or itself out as a licensee or | 24 | | engages in a licensed activity shall be deemed to be a licensee | 25 | | for the purposes of investigation or disciplinary action.
| 26 | | "Retiree" means a person who has been duly licensed, |
| | | SB1525 Engrossed | - 3 - | LRB100 05778 SMS 15801 b |
|
| 1 | | registered, or certified in a profession regulated by the | 2 | | Department and who chooses to relinquish or not renew his or | 3 | | her license, registration, or certification.
| 4 | | (Source: P.A. 99-227, eff. 8-3-15.)
| 5 | | (20 ILCS 2105/2105-7 new) | 6 | | Sec. 2105-7. Address of record; email address of record. | 7 | | The Department shall require all applicants and licensees: | 8 | | (1) to provide a valid address and email address to the | 9 | | Department, which shall serve as the address of record and | 10 | | email address of record, respectively, at the time of | 11 | | application for licensure or renewal of a license; and | 12 | | (2) to inform the Department of any change of address | 13 | | of record or email address of record within 14 days after | 14 | | such change either through the Department's website or by | 15 | | contacting the Department's licensure maintenance unit.
| 16 | | (20 ILCS 2105/2105-15)
| 17 | | Sec. 2105-15. General powers and duties.
| 18 | | (a) The Department has, subject to the provisions of the | 19 | | Civil
Administrative Code of Illinois, the following powers and | 20 | | duties:
| 21 | | (1) To authorize examinations in English to ascertain | 22 | | the qualifications
and fitness of applicants to exercise | 23 | | the profession, trade, or occupation for
which the | 24 | | examination is held.
|
| | | SB1525 Engrossed | - 4 - | LRB100 05778 SMS 15801 b |
|
| 1 | | (2) To prescribe rules and regulations for a fair and | 2 | | wholly
impartial method of examination of candidates to | 3 | | exercise the respective
professions, trades, or | 4 | | occupations.
| 5 | | (3) To pass upon the qualifications of applicants for | 6 | | licenses,
certificates, and authorities, whether by | 7 | | examination, by reciprocity, or by
endorsement.
| 8 | | (4) To prescribe rules and regulations defining, for | 9 | | the
respective
professions, trades, and occupations, what | 10 | | shall constitute a school,
college, or university, or | 11 | | department of a university, or other
institution, | 12 | | reputable and in good standing, and to determine the
| 13 | | reputability and good standing of a school, college, or | 14 | | university, or
department of a university, or other | 15 | | institution, reputable and in good
standing, by reference | 16 | | to a compliance with those rules and regulations;
provided, | 17 | | that no school, college, or university, or department of a
| 18 | | university, or other institution that refuses admittance | 19 | | to applicants
solely on account of race, color, creed, sex, | 20 | | sexual orientation, or national origin shall be
considered | 21 | | reputable and in good standing.
| 22 | | (5) To conduct hearings on proceedings to revoke, | 23 | | suspend, refuse to
renew, place on probationary status, or | 24 | | take other disciplinary action
as authorized in any | 25 | | licensing Act administered by the Department
with regard to | 26 | | licenses, certificates, or authorities of persons
|
| | | SB1525 Engrossed | - 5 - | LRB100 05778 SMS 15801 b |
|
| 1 | | exercising the respective professions, trades, or | 2 | | occupations and to
revoke, suspend, refuse to renew, place | 3 | | on probationary status, or take
other disciplinary action | 4 | | as authorized in any licensing Act
administered by the | 5 | | Department with regard to those licenses,
certificates, or | 6 | | authorities. | 7 | | The Department shall issue a monthly
disciplinary | 8 | | report. | 9 | | The Department shall deny any license or
renewal | 10 | | authorized by the Civil Administrative Code of Illinois to | 11 | | any person
who has defaulted on an
educational loan or | 12 | | scholarship provided by or guaranteed by the Illinois
| 13 | | Student Assistance Commission or any governmental agency | 14 | | of this State;
however, the Department may issue a license | 15 | | or renewal if the
aforementioned persons have established a | 16 | | satisfactory repayment record as
determined by the | 17 | | 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. |
| | | SB1525 Engrossed | - 6 - | LRB100 05778 SMS 15801 b |
|
| 1 | | The Department shall refuse to issue or renew a license | 2 | | to,
or shall suspend or revoke a license of, any person | 3 | | who, after receiving
notice, fails to comply with a | 4 | | subpoena or warrant relating to a paternity or
child | 5 | | support proceeding. However, the Department may issue a | 6 | | license or
renewal upon compliance with the subpoena or | 7 | | warrant.
| 8 | | The Department, without further process or hearings, | 9 | | shall revoke, suspend,
or deny any license or renewal | 10 | | authorized by the Civil Administrative Code of
Illinois to | 11 | | a person who is certified by the Department of Healthcare | 12 | | and Family Services (formerly Illinois Department of | 13 | | Public Aid)
as being more than 30 days delinquent in | 14 | | complying with a child support order
or who is certified by | 15 | | a court as being in violation of the Non-Support
Punishment | 16 | | Act for more than 60 days. The Department may, however, | 17 | | issue a
license or renewal if the person has established a | 18 | | satisfactory repayment
record as determined by the | 19 | | Department of Healthcare and Family Services (formerly
| 20 | | Illinois Department of Public Aid) or if the person
is | 21 | | determined by the court to be in compliance with the | 22 | | Non-Support Punishment
Act. The Department may implement | 23 | | this paragraph as added by Public Act 89-6
through the use | 24 | | of emergency rules in accordance with Section 5-45 of the
| 25 | | Illinois Administrative Procedure Act. For purposes of the | 26 | | Illinois
Administrative Procedure Act, the adoption of |
| | | SB1525 Engrossed | - 7 - | LRB100 05778 SMS 15801 b |
|
| 1 | | rules to implement this
paragraph shall be considered an | 2 | | emergency and necessary for the public
interest, safety, | 3 | | and welfare.
| 4 | | (6) To transfer jurisdiction of any realty under the | 5 | | control of the
Department to any other department of the | 6 | | State Government or to acquire
or accept federal lands when | 7 | | the transfer, acquisition, or acceptance is
advantageous | 8 | | to the State and is approved in writing by the Governor.
| 9 | | (7) To formulate rules and regulations necessary for | 10 | | the enforcement of
any Act administered by the Department.
| 11 | | (8) To exchange with the Department of Healthcare and | 12 | | Family Services information
that may be necessary for the | 13 | | enforcement of child support orders entered
pursuant to the | 14 | | Illinois Public Aid Code, the Illinois Marriage and | 15 | | Dissolution
of Marriage Act, the Non-Support of Spouse and | 16 | | Children Act, the Non-Support
Punishment Act, the Revised | 17 | | Uniform Reciprocal Enforcement of Support Act, the
Uniform | 18 | | Interstate Family Support Act, the Illinois Parentage Act | 19 | | of 1984, or the Illinois Parentage Act of 2015.
| 20 | | Notwithstanding any provisions in this Code to the | 21 | | contrary, the Department of
Professional Regulation shall | 22 | | not be liable under any federal or State law to
any person | 23 | | for any disclosure of information to the Department of | 24 | | Healthcare and Family Services (formerly Illinois | 25 | | Department of
Public Aid)
under this paragraph (8) or for | 26 | | any other action taken in good faith
to comply with the |
| | | SB1525 Engrossed | - 8 - | LRB100 05778 SMS 15801 b |
|
| 1 | | requirements of this paragraph (8).
| 2 | | (8.5) To accept continuing education credit for | 3 | | mandated reporter training on how to recognize and report | 4 | | child abuse offered by the Department of Children and | 5 | | Family Services and completed by any person who holds a | 6 | | professional license issued by the Department and who is a | 7 | | mandated reporter under the Abused and Neglected Child | 8 | | Reporting Act. The Department shall adopt any rules | 9 | | necessary to implement this paragraph. | 10 | | (9) To perform other duties prescribed
by law.
| 11 | | (a-5) Except in cases involving default on an educational | 12 | | loan or scholarship provided by or guaranteed by the Illinois | 13 | | Student Assistance Commission or any governmental agency of | 14 | | this State or in cases involving delinquency in complying with | 15 | | a child support order or violation of the Non-Support | 16 | | Punishment Act and notwithstanding anything that may appear in | 17 | | any individual licensing Act or administrative rule, no person | 18 | | or entity whose license, certificate, or authority has been | 19 | | revoked as authorized in any licensing Act administered by the | 20 | | Department may apply for restoration of that license, | 21 | | certification, or authority until 3 years after the effective | 22 | | date of the revocation. | 23 | | (b) The Department may, when a fee is payable to the | 24 | | Department for a wall
certificate of registration provided by | 25 | | the Department of Central Management
Services, require that | 26 | | portion of the payment for printing and distribution
costs be |
| | | SB1525 Engrossed | - 9 - | LRB100 05778 SMS 15801 b |
|
| 1 | | made directly or through the Department to the Department of | 2 | | Central
Management Services for deposit into the Paper and | 3 | | Printing Revolving Fund.
The remainder shall be deposited into | 4 | | the General Revenue Fund.
| 5 | | (c) For the purpose of securing and preparing evidence, and | 6 | | for the purchase
of controlled substances, professional | 7 | | services, and equipment necessary for
enforcement activities, | 8 | | recoupment of investigative costs, and other activities
| 9 | | directed at suppressing the misuse and abuse of controlled | 10 | | substances,
including those activities set forth in Sections | 11 | | 504 and 508 of the Illinois
Controlled Substances Act, the | 12 | | Director and agents appointed and authorized by
the Director | 13 | | may expend sums from the Professional Regulation Evidence Fund
| 14 | | that the Director deems necessary from the amounts appropriated | 15 | | for that
purpose. Those sums may be advanced to the agent when | 16 | | the Director deems that
procedure to be in the public interest. | 17 | | Sums for the purchase of controlled
substances, professional | 18 | | services, and equipment necessary for enforcement
activities | 19 | | and other activities as set forth in this Section shall be | 20 | | advanced
to the agent who is to make the purchase from the | 21 | | Professional Regulation
Evidence Fund on vouchers signed by the | 22 | | Director. The Director and those
agents are authorized to | 23 | | maintain one or more commercial checking accounts with
any | 24 | | State banking corporation or corporations organized under or | 25 | | subject to the
Illinois Banking Act for the deposit and | 26 | | withdrawal of moneys to be used for
the purposes set forth in |
| | | SB1525 Engrossed | - 10 - | LRB100 05778 SMS 15801 b |
|
| 1 | | this Section; provided, that no check may be written
nor any | 2 | | withdrawal made from any such account except upon the written
| 3 | | signatures of 2 persons designated by the Director to write | 4 | | those checks and
make those withdrawals. Vouchers for those | 5 | | expenditures must be signed by the
Director. All such | 6 | | expenditures shall be audited by the Director, and the
audit | 7 | | shall be submitted to the Department of Central Management | 8 | | Services for
approval.
| 9 | | (d) Whenever the Department is authorized or required by | 10 | | law to consider
some aspect of criminal history record | 11 | | information for the purpose of carrying
out its statutory | 12 | | powers and responsibilities, then, upon request and payment
of | 13 | | fees in conformance with the requirements of Section 2605-400 | 14 | | of the
Department of State Police Law (20 ILCS 2605/2605-400), | 15 | | the Department of State
Police is authorized to furnish, | 16 | | pursuant to positive identification, the
information contained | 17 | | in State files that is necessary to fulfill the request.
| 18 | | (e) The provisions of this Section do not apply to private | 19 | | business and
vocational schools as defined by Section 15 of the | 20 | | Private Business and
Vocational Schools Act of 2012.
| 21 | | (f) (Blank).
| 22 | | (g) Notwithstanding anything that may appear in any | 23 | | individual licensing statute or administrative rule, the | 24 | | Department shall deny any license application or renewal | 25 | | authorized under any licensing Act administered by the | 26 | | Department to any person who has failed to file a return, or to |
| | | SB1525 Engrossed | - 11 - | LRB100 05778 SMS 15801 b |
|
| 1 | | pay the tax, penalty, or interest shown in a filed return, or | 2 | | to pay any final assessment of tax, penalty, or interest, as | 3 | | required by any tax Act administered by the Illinois Department | 4 | | of Revenue, until such time as the requirement of any such tax | 5 | | Act are satisfied; however, the Department may issue a license | 6 | | or renewal if the person has established a satisfactory | 7 | | repayment record as determined by the Illinois Department of | 8 | | Revenue. For the purpose of this Section, "satisfactory | 9 | | repayment record" shall be defined by rule.
| 10 | | In addition, a complaint filed with the Department by the | 11 | | Illinois Department of Revenue that includes a certification, | 12 | | signed by its Director or designee, attesting to the amount of | 13 | | the unpaid tax liability or the years for which a return was | 14 | | not filed, or both, is prima facie evidence of the licensee's | 15 | | failure to comply with the tax laws administered by the | 16 | | Illinois Department of Revenue. Upon receipt of that | 17 | | certification, the Department shall, without a hearing, | 18 | | immediately suspend all licenses held by the licensee. | 19 | | Enforcement of the Department's order shall be stayed for 60 | 20 | | days. The Department shall provide notice of the suspension to | 21 | | the licensee by mailing a copy of the Department's order by | 22 | | certified and regular mail to the licensee's last known address | 23 | | of record or emailing a copy of the order to the licensee's | 24 | | email address of record as registered with the Department . The | 25 | | notice shall advise the licensee that the suspension shall be | 26 | | effective 60 days after the issuance of the Department's order |
| | | SB1525 Engrossed | - 12 - | LRB100 05778 SMS 15801 b |
|
| 1 | | unless the Department receives, from the licensee, a request | 2 | | for a hearing before the Department to dispute the matters | 3 | | contained in the order.
| 4 | | Any suspension imposed under this subsection (g) shall be | 5 | | terminated by the Department upon notification from the | 6 | | Illinois Department of Revenue that the licensee is in | 7 | | compliance with all tax laws administered by the Illinois | 8 | | Department of Revenue.
| 9 | | The Department may promulgate rules for the administration | 10 | | of this subsection (g).
| 11 | | (h) The Department may grant the title "Retired", to be | 12 | | used immediately adjacent to the title of a profession | 13 | | regulated by the Department, to eligible retirees. For | 14 | | individuals licensed under the Medical Practice Act of 1987, | 15 | | the title "Retired" may be used in the profile required by the | 16 | | Patients' Right to Know Act. The use of the title "Retired" | 17 | | shall not constitute representation of current licensure, | 18 | | registration, or certification. Any person without an active | 19 | | license, registration, or certificate in a profession that | 20 | | requires licensure, registration, or certification shall not | 21 | | be permitted to practice that profession. | 22 | | (i) Within 180 days after December 23, 2009 (the effective | 23 | | date of Public Act 96-852), the Department shall promulgate | 24 | | rules which permit a person with a criminal record, who seeks a | 25 | | license or certificate in an occupation for which a criminal | 26 | | record is not expressly a per se bar, to apply to the |
| | | SB1525 Engrossed | - 13 - | LRB100 05778 SMS 15801 b |
|
| 1 | | Department for a non-binding, advisory opinion to be provided | 2 | | by the Board or body with the authority to issue the license or | 3 | | certificate as to whether his or her criminal record would bar | 4 | | the individual from the licensure or certification sought, | 5 | | should the individual meet all other licensure requirements | 6 | | including, but not limited to, the successful completion of the | 7 | | relevant examinations. | 8 | | (Source: P.A. 98-756, eff. 7-16-14; 98-850, eff. 1-1-15; 99-85, | 9 | | eff. 1-1-16; 99-227, eff. 8-3-15; 99-330, eff. 8-10-15; 99-642, | 10 | | eff. 7-28-16.)
| 11 | | (20 ILCS 2105/2105-100) (was 20 ILCS 2105/60c)
| 12 | | Sec. 2105-100. Disciplinary action with respect to | 13 | | licenses certificates ; notice;
hearing. | 14 | | (a) Licenses Certificates may be revoked, suspended, | 15 | | placed on probationary
status, reprimanded, fined,
or have | 16 | | other disciplinary action taken with regard to them as
| 17 | | authorized in any licensing Act administered by the Department | 18 | | in the
manner provided by the Civil Administrative Code of | 19 | | Illinois
and not otherwise.
| 20 | | (b) The Department may upon its
own motion and shall upon | 21 | | the verified complaint in writing of any person,
provided the | 22 | | complaint or the complaint together with
evidence,
documentary | 23 | | or otherwise, presented in connection with the complaint makes | 24 | | a
prima facie case, investigate the actions of any person | 25 | | holding or claiming
to hold a license certificate .
|
| | | SB1525 Engrossed | - 14 - | LRB100 05778 SMS 15801 b |
|
| 1 | | (c) Before suspending, revoking, placing on probationary
| 2 | | status, reprimanding, fining, or taking any other disciplinary | 3 | | action that may be
authorized in
any licensing Act administered | 4 | | by the Department with regard to any license
certificate , the | 5 | | Department shall issue a notice informing the licensee or | 6 | | applicant registrant
of the time and place when and where a | 7 | | hearing of the charges shall be had.
The notice shall contain a | 8 | | statement of the charges or shall be
accompanied by a copy of | 9 | | the written complaint if such complaint shall have
been filed. | 10 | | The notice shall be served on the licensee or applicant | 11 | | registrant at
least 10
days prior to the date set in the notice | 12 | | for the hearing,
either by delivery of
the notice personally to | 13 | | the licensee or applicant registrant or by mailing the notice
| 14 | | by registered
mail to the licensee's or applicant's | 15 | | registrant's address of record;
provided that in any case where
| 16 | | the licensee or applicant registrant is now or may hereafter be | 17 | | required by law to maintain a
place of business in this State | 18 | | and to notify the Department of the
location of that place of | 19 | | business, the notice
may be served by mailing it by registered
| 20 | | mail to the licensee or applicant registrant at the place of | 21 | | business last described by
the licensee or applicant registrant | 22 | | in the notification to the Department. Notwithstanding any | 23 | | provision in any individual licensing statute or | 24 | | administrative rule, the notice may be served by email | 25 | | transmission to the licensee's or applicant's email address of | 26 | | record.
|
| | | SB1525 Engrossed | - 15 - | LRB100 05778 SMS 15801 b |
|
| 1 | | (d) At the time and place fixed in
the notice, the | 2 | | Department shall proceed to a hearing
of the charges. The | 3 | | licensee or applicant Both the registrant and the complainant | 4 | | shall be
accorded
ample opportunity to present, in person or by | 5 | | counsel, any
statements,
testimony, evidence, and argument | 6 | | that may be pertinent to the
charges or to
any defense to the | 7 | | charges.
The Department may continue the hearing from time to
| 8 | | time.
| 9 | | (Source: P.A. 99-227, eff. 8-3-15.)
| 10 | | (20 ILCS 2105/2105-115) (was 20 ILCS 2105/60f)
| 11 | | Sec. 2105-115. Certified shorthand reporter; transcript. | 12 | | The Department, at its
expense,
shall provide a certified | 13 | | shorthand reporter
to take down the testimony and preserve a | 14 | | record of all proceedings at the
hearing of any case in which a | 15 | | license certificate may be revoked,
suspended, placed
on | 16 | | probationary status, reprimanded, fined, or subjected to other | 17 | | disciplinary action with
reference to the license certificate | 18 | | when a disciplinary action is
authorized
in any licensing Act | 19 | | administered by the Department. The notice,
complaint, and all | 20 | | other documents in the nature of pleadings and written
motions | 21 | | filed in the proceedings, the transcript of testimony, the | 22 | | report
of the board, and the orders of the Department shall be | 23 | | the record of
the proceedings. The Department shall furnish
the | 24 | | record to
any person interested in the hearing upon payment | 25 | | therefor of $1 per page.
The Department may contract for court |
| | | SB1525 Engrossed | - 16 - | LRB100 05778 SMS 15801 b |
|
| 1 | | reporting services, and, in the event it does so, the | 2 | | Department shall provide the name and contact information for | 3 | | the certified shorthand reporter who transcribed the testimony | 4 | | at a hearing to any person interested, who may obtain a copy of | 5 | | the transcript of any proceedings at a hearing upon payment of | 6 | | the fee specified by the certified shorthand reporter. This | 7 | | charge is in addition to any fee charged by the
Department for | 8 | | certifying the record.
| 9 | | (Source: P.A. 99-227, eff. 8-3-15.)
| 10 | | (20 ILCS 2105/2105-120) (was 20 ILCS 2105/60g)
| 11 | | Sec. 2105-120. Board's report; licensee's or applicant's | 12 | | registrant's motion for rehearing.
| 13 | | (a) The board shall present to the Director its written | 14 | | report of its
findings and recommendations. A copy of the | 15 | | report shall be served upon the licensee or applicant
| 16 | | registrant , either personally or by registered mail or email as | 17 | | provided in Section
2105-100 for the service of the notice.
| 18 | | (b) Within 20 days after the service required under | 19 | | subsection (a), the licensee or applicant
registrant may | 20 | | present to the Department a motion in writing for a rehearing.
| 21 | | The written motion shall specify the particular grounds for a | 22 | | rehearing. If
the licensee or applicant registrant orders and | 23 | | pays for a transcript of the record as provided in
Section | 24 | | 2105-115, the time elapsing thereafter and before the
| 25 | | transcript is ready for delivery to the licensee or applicant |
| | | SB1525 Engrossed | - 17 - | LRB100 05778 SMS 15801 b |
|
| 1 | | registrant shall not be counted as
part of the 20 days.
| 2 | | (Source: P.A. 99-227, eff. 8-3-15.)
| 3 | | (20 ILCS 2105/2105-125) (was 20 ILCS 2105/60h)
| 4 | | Sec. 2105-125. Restoration of license certificate . At any | 5 | | time after the successful completion of any term of suspension, | 6 | | revocation, placement on
probationary status, or other | 7 | | disciplinary action taken by the Department
with reference to | 8 | | any license certificate , including payment of any fine, the | 9 | | Department may restore it to the licensee
registrant without | 10 | | examination, upon the written recommendation of the
| 11 | | appropriate board.
| 12 | | (Source: P.A. 99-227, eff. 8-3-15.)
| 13 | | (20 ILCS 2105/2105-165) | 14 | | Sec. 2105-165. Health care worker licensure actions; sex | 15 | | crimes. | 16 | | (a) When a licensed health care worker, as defined in the | 17 | | Health Care Worker Self-Referral Act, (1) has been convicted of | 18 | | a criminal act that requires registration under the Sex | 19 | | Offender Registration Act; (1.5) has been convicted of | 20 | | involuntary sexual servitude of a minor under subsection (c) of | 21 | | Section 10-9 or subsection (b) of Section 10A-10 of the | 22 | | Criminal Code of 1961 or the Criminal Code of 2012; (2) has | 23 | | been convicted of a criminal battery against any patient in the | 24 | | course of patient care or treatment, including any offense |
| | | SB1525 Engrossed | - 18 - | LRB100 05778 SMS 15801 b |
|
| 1 | | based on sexual conduct or sexual penetration; (3) has been | 2 | | convicted of a forcible felony; or (4) is required as a part of | 3 | | a criminal sentence to register under the Sex Offender | 4 | | Registration Act, then, notwithstanding any other provision of | 5 | | law to the contrary, except as provided in this Section, the | 6 | | license of the health care worker shall by operation of law be | 7 | | permanently revoked without a hearing. | 8 | | (a-1) If a licensed health care worker has been convicted | 9 | | of a forcible felony, other than a forcible felony requiring | 10 | | registration under the Sex Offender Registration Act , or | 11 | | involuntary sexual servitude of a minor that is a forcible | 12 | | felony, or a criminal battery against any patient in the course | 13 | | of patient care or treatment, is not required to register as a | 14 | | sex offender, and the health care worker has had his or her | 15 | | license revoked pursuant to item (3) of subsection (a) of this | 16 | | Section , then the health care worker may petition the | 17 | | Department to restore his or her license if more than 5 years | 18 | | have passed since the conviction or more than 3 years have | 19 | | passed since the health care worker's release from confinement | 20 | | for that conviction, whichever is later. In determining whether | 21 | | a license shall be restored, the Department shall consider, but | 22 | | is not limited to, the following factors: | 23 | | (1) the seriousness of the offense; | 24 | | (2) the presence of multiple offenses; | 25 | | (3) prior disciplinary history, including, but not | 26 | | limited to, actions taken by other agencies in this State |
| | | SB1525 Engrossed | - 19 - | LRB100 05778 SMS 15801 b |
|
| 1 | | or by other states or jurisdictions, hospitals, health care | 2 | | facilities, residency programs, employers, insurance | 3 | | providers, or any of the armed forces of the United States | 4 | | or any state; | 5 | | (4) the impact of the offense on any injured party; | 6 | | (5) the vulnerability of any injured party, including, | 7 | | but not limited to, consideration of the injured party's | 8 | | age, disability, or mental illness; | 9 | | (6) the motive for the offense; | 10 | | (7) the lack of contrition for the offense; | 11 | | (8) the lack of cooperation with the Department or | 12 | | other investigative authorities; | 13 | | (9) the lack of prior disciplinary action, including, | 14 | | but not limited to, action by the Department or by other | 15 | | agencies in this State or by other states or jurisdictions, | 16 | | hospitals, health care facilities, residency programs, | 17 | | employers, insurance providers, or any of the armed forces | 18 | | of the United States or any state; | 19 | | (10) contrition for the offense; | 20 | | (11) cooperation with the Department or other | 21 | | investigative authorities; | 22 | | (12) restitution to injured parties; | 23 | | (13) whether the misconduct was self-reported; | 24 | | (14) any voluntary remedial actions taken or other | 25 | | evidence of rehabilitation; and | 26 | | (15) the date of conviction. |
| | | SB1525 Engrossed | - 20 - | LRB100 05778 SMS 15801 b |
|
| 1 | | (b) No person who has been convicted of any offense listed | 2 | | in subsection (a) or required to register as a sex offender may | 3 | | receive a license as a health care worker in Illinois. The | 4 | | process for petition and review by the Department provided in | 5 | | subsection (a-1) shall also apply to a person whose application | 6 | | for licensure is denied pursuant to item (3) of subsection (a) | 7 | | of under this Section for a conviction of a forcible felony, | 8 | | other than a forcible felony requiring registration under the | 9 | | Sex Offender Registration Act , or involuntary sexual servitude | 10 | | of a minor that is a forcible felony , or a criminal battery | 11 | | against any patient in the course of patient care or treatment, | 12 | | who is not required to register as a sex offender . | 13 | | (c) Immediately after a licensed health care worker, as | 14 | | defined in the Health Care Worker Self-Referral Act, has been | 15 | | charged with any offense for which the sentence includes | 16 | | registration as a sex offender; involuntary sexual servitude of | 17 | | a minor; a criminal battery against a patient, including any | 18 | | offense based on sexual conduct or sexual penetration, in the | 19 | | course of patient care or treatment; or a forcible felony; then | 20 | | the prosecuting attorney shall provide notice to the Department | 21 | | of the health care worker's name, address, practice address, | 22 | | and license number and the patient's name and a copy of the | 23 | | criminal charges filed. Within 5 business days after receiving | 24 | | notice from the prosecuting attorney of the filing of criminal | 25 | | charges against the health care worker, the Secretary shall | 26 | | issue an administrative order that the health care worker shall |
| | | SB1525 Engrossed | - 21 - | LRB100 05778 SMS 15801 b |
|
| 1 | | immediately practice only with a chaperone during all patient | 2 | | encounters pending the outcome of the criminal proceedings. The | 3 | | chaperone must be a licensed health care worker. The chaperone | 4 | | shall provide written notice to all of the health care worker's | 5 | | patients explaining the Department's order to use a chaperone. | 6 | | Each patient shall sign an acknowledgement that they received | 7 | | the notice. The notice to the patient of criminal charges shall | 8 | | include, in 14-point font, the following statement: "The health | 9 | | care worker is presumed innocent until proven guilty of the | 10 | | charges.". The licensed health care worker shall provide a | 11 | | written plan of compliance with the administrative order that | 12 | | is acceptable to the Department within 5 days after receipt of | 13 | | the administrative order. Failure to comply with the | 14 | | administrative order, failure to file a compliance plan, or | 15 | | failure to follow the compliance plan shall subject the health | 16 | | care worker to temporary suspension of his or her professional | 17 | | license until the completion of the criminal proceedings. | 18 | | (d) Nothing contained in this Section shall act in any way | 19 | | to waive or modify the confidentiality of information provided | 20 | | by the prosecuting attorney to the extent provided by law. Any | 21 | | information reported or disclosed shall be kept for the | 22 | | confidential use of the Secretary, Department attorneys, the | 23 | | investigative staff, and authorized clerical staff and shall be | 24 | | afforded the same status as is provided information under Part | 25 | | 21 of Article VIII of the Code of Civil Procedure, except that | 26 | | the Department may disclose information and documents to (1) a |
| | | SB1525 Engrossed | - 22 - | LRB100 05778 SMS 15801 b |
|
| 1 | | federal, State, or local law enforcement agency pursuant to a | 2 | | subpoena in an ongoing criminal investigation or (2) an | 3 | | appropriate licensing authority of another state or | 4 | | jurisdiction pursuant to an official request made by that | 5 | | authority. Any information and documents disclosed to a | 6 | | federal, State, or local law enforcement agency may be used by | 7 | | that agency only for the investigation and prosecution of a | 8 | | criminal offense. Any information or documents disclosed by the | 9 | | Department to a professional licensing authority of another | 10 | | state or jurisdiction may only be used by that authority for | 11 | | investigations and disciplinary proceedings with regards to a | 12 | | professional license. | 13 | | (e) Any licensee whose license was revoked or who received | 14 | | an administrative order under this Section shall have the | 15 | | revocation or administrative order vacated and completely | 16 | | removed from the licensee's records and public view and the | 17 | | revocation or administrative order shall be afforded the same | 18 | | status as is provided information under Part 21 of Article VIII | 19 | | of the Code of Civil Procedure if (1) the charges upon which | 20 | | the revocation or administrative order is based are dropped; | 21 | | (2) the licensee is not convicted of the charges upon which the | 22 | | revocation or administrative order is based; or (3) any | 23 | | conviction for charges upon which the revocation or | 24 | | administrative order was based have been vacated, overturned, | 25 | | or reversed. | 26 | | (f) Nothing contained in this Section shall prohibit the |
| | | SB1525 Engrossed | - 23 - | LRB100 05778 SMS 15801 b |
|
| 1 | | Department from initiating or maintaining a disciplinary | 2 | | action against a licensee independent from any criminal | 3 | | charges, conviction, or sex offender registration. | 4 | | (g) The Department may adopt rules necessary to implement | 5 | | this Section.
| 6 | | (Source: P.A. 99-886, eff. 1-1-17 .) | 7 | | (20 ILCS 2105/2105-170) | 8 | | Sec. 2105-170. Health care workers; automatic suspension | 9 | | of license. A health care worker, as defined by the Health Care | 10 | | Worker Self-Referral Act, licensed by the Department shall be | 11 | | automatically and indefinitely suspended if the at such time as | 12 | | the final trial proceedings are concluded whereby a licensee | 13 | | has either been either convicted of , or has entered a plea of | 14 | | guilty or nolo contendere in a criminal prosecution to , a | 15 | | criminal health care or criminal insurance fraud offense , | 16 | | requiring intent , under the laws of the State, the laws of any | 17 | | other state, or the laws of the United States of America, | 18 | | including, but not limited to, criminal Medicare or Medicaid | 19 | | fraud. A certified copy of the conviction or judgment shall be | 20 | | the basis for the suspension. If a licensee requests a hearing, | 21 | | then the sole purpose of the hearing shall be limited to the | 22 | | length of the suspension of the licensee's license, as the | 23 | | conviction or judgment is a matter of record and may not be | 24 | | challenged.
| 25 | | (Source: P.A. 99-211, eff. 1-1-16 .) |
| | | SB1525 Engrossed | - 24 - | LRB100 05778 SMS 15801 b |
|
| 1 | | (20 ILCS 2105/2105-207) | 2 | | Sec. 2105-207. Records of Department actions. | 3 | | (a) Any licensee subject to a licensing Act administered by | 4 | | the Division of Professional Regulation and who has been | 5 | | subject to disciplinary action by the Department may file an | 6 | | application with the Department on forms provided by the | 7 | | Department, along with the required fee of $200, to have the | 8 | | records classified as confidential, not for public release and | 9 | | considered expunged for reporting purposes if: | 10 | | (1) the application is submitted more than 7 years | 11 | | after the disciplinary offense or offenses occurred; | 12 | | (2) the licensee has had no incidents of discipline | 13 | | under the licensing Act since the disciplinary offense or | 14 | | offenses identified in the application occurred; | 15 | | (3) the Department has no pending investigations | 16 | | against the licensee; and | 17 | | (4) the licensee is not currently in a disciplinary | 18 | | status. | 19 | | (b) An application to make disciplinary records | 20 | | confidential shall only be considered by the Department for an | 21 | | offense or action relating to: | 22 | | (1) failure to pay taxes or student loans; | 23 | | (2) continuing education; | 24 | | (3) failure to renew a license on time; | 25 | | (4) failure to obtain or renew a certificate of |
| | | SB1525 Engrossed | - 25 - | LRB100 05778 SMS 15801 b |
|
| 1 | | registration or ancillary license; | 2 | | (5) advertising; or | 3 | | (6) any grounds for discipline removed from the | 4 | | licensing Act. | 5 | | (c) An application shall be submitted to and considered by | 6 | | the Director of the Division of Professional Regulation upon | 7 | | submission of an application and the required non-refundable | 8 | | fee. The Department may establish additional requirements by | 9 | | rule. The Department is not required to report the removal of | 10 | | any disciplinary record to any national database. Nothing in | 11 | | this Section shall prohibit the Department from using a | 12 | | previous discipline for any regulatory purpose or from | 13 | | releasing records of a previous discipline upon request from | 14 | | law enforcement, or other governmental body as permitted by | 15 | | law. Classification of records as confidential shall result in | 16 | | removal of records of discipline from records kept pursuant to | 17 | | Sections 2105-200 and 2105-205 of this Act.
| 18 | | (d) Any applicant for licensure or a licensee whose | 19 | | petition for review is granted by the Department pursuant to | 20 | | subsection (a-1) of Section 2105-165 of this Law may file an | 21 | | application with the Department on forms provided by the | 22 | | Department to have records relating to his or her permanent | 23 | | denial or permanent revocation classified as confidential and | 24 | | not for public release and considered expunged for reporting | 25 | | purposes in the same manner and under the same terms as is | 26 | | provided in this Section for the offenses listed in subsection |
| | | SB1525 Engrossed | - 26 - | LRB100 05778 SMS 15801 b |
|
| 1 | | (b) of this Section, except that the requirements of a 7-year | 2 | | waiting period and the $200 application fee do not apply. | 3 | | (Source: P.A. 98-816, eff. 8-1-14.)
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.
|
|