Full Text of HB0900 094th General Assembly
HB0900enr 94TH GENERAL ASSEMBLY
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LRB094 07090 RAS 37235 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Department of Professional Regulation Law of | 5 |
| the
Civil Administrative Code of Illinois is amended by | 6 |
| changing Sections 2105-5 and 2105-15 as follows:
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| (20 ILCS 2105/2105-5) (was 20 ILCS 2105/60b)
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| Sec. 2105-5. Definitions.
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| (a) In this Law:
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| "Department" means the Department of Professional | 11 |
| Regulation.
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| "Director" means the Director of Professional Regulation.
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| (b) In the construction of this Section and Sections
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| 2105-15, 2105-100, 2105-105, 2105-110, 2105-115, 2105-120, | 15 |
| 2105-125, 2105-175,
and 2105-325, the following definitions | 16 |
| shall govern unless the context
otherwise clearly indicates:
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| "Board" means the board of persons designated for a | 18 |
| profession, trade, or
occupation under the provisions of any | 19 |
| Act now or hereafter in force whereby
the jurisdiction of that | 20 |
| profession, trade, or occupation is devolved on the
Department.
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| "Certificate" means a license, certificate of | 22 |
| registration, permit, or other
authority purporting to be | 23 |
| issued or conferred by the Department by virtue or
authority of | 24 |
| which the registrant has or claims the right to engage in a
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| profession, trade, occupation, or operation of which the | 26 |
| Department has
jurisdiction.
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| "Registrant" means a person who holds or claims to hold a | 28 |
| certificate.
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| "Retiree" means a person who has been duly licensed, | 30 |
| registered, or certified in a profession regulated by the | 31 |
| Department and who chooses to relinquish or not renew his or | 32 |
| her license, registration, or certification.
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LRB094 07090 RAS 37235 b |
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| (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 92-16, | 2 |
| eff.
6-28-01.)
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| (20 ILCS 2105/2105-15) (was 20 ILCS 2105/60)
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| Sec. 2105-15. General powers and duties.
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| (a) The Department has, subject to the provisions of the | 6 |
| Civil
Administrative Code of Illinois, the following powers and | 7 |
| duties:
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| (1) To authorize examinations in English to ascertain | 9 |
| the qualifications
and fitness of applicants to exercise | 10 |
| the profession, trade, or occupation for
which the | 11 |
| examination is held.
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| (2) To prescribe rules and regulations for a fair and | 13 |
| wholly
impartial method of examination of candidates to | 14 |
| exercise the respective
professions, trades, or | 15 |
| occupations.
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| (3) To pass upon the qualifications of applicants for | 17 |
| licenses,
certificates, and authorities, whether by | 18 |
| examination, by reciprocity, or by
endorsement.
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| (4) To prescribe rules and regulations defining, for | 20 |
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respective
professions, trades, and occupations, what | 21 |
| shall constitute a school,
college, or university, or | 22 |
| department of a university, or other
institution, | 23 |
| reputable and in good standing, and to determine the
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| reputability and good standing of a school, college, or | 25 |
| university, or
department of a university, or other | 26 |
| institution, reputable and in good
standing, by reference | 27 |
| to a compliance with those rules and regulations;
provided, | 28 |
| that no school, college, or university, or department of a
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| university, or other institution that refuses admittance | 30 |
| to applicants
solely on account of race, color, creed, sex, | 31 |
| or national origin shall be
considered reputable and in | 32 |
| good standing.
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| (5) To conduct hearings on proceedings to revoke, | 34 |
| suspend, refuse to
renew, place on probationary status, or | 35 |
| take other disciplinary action
as authorized in any |
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| licensing Act administered by the Department
with regard to | 2 |
| licenses, certificates, or authorities of persons
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| exercising the respective professions, trades, or | 4 |
| occupations and to
revoke, suspend, refuse to renew, place | 5 |
| on probationary status, or take
other disciplinary action | 6 |
| as authorized in any licensing Act
administered by the | 7 |
| Department with regard to those licenses,
certificates, or | 8 |
| authorities. The Department shall issue a monthly
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| disciplinary report. The Department shall deny any license | 10 |
| or
renewal authorized by the Civil Administrative Code of | 11 |
| Illinois to any person
who has defaulted on an
educational | 12 |
| loan or scholarship provided by or guaranteed by the | 13 |
| Illinois
Student Assistance Commission or any governmental | 14 |
| agency of this State;
however, the Department may issue a | 15 |
| license or renewal if the
aforementioned persons have | 16 |
| established a satisfactory repayment record as
determined | 17 |
| by the Illinois Student Assistance Commission or other | 18 |
| appropriate
governmental agency of this State. | 19 |
| Additionally, beginning June 1, 1996,
any license issued by | 20 |
| the Department may be suspended or revoked if the
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| Department, after the opportunity for a hearing under the | 22 |
| appropriate licensing
Act, finds that the licensee has | 23 |
| failed to make satisfactory repayment to the
Illinois | 24 |
| Student Assistance Commission for a delinquent or | 25 |
| defaulted loan.
For the purposes of this Section, | 26 |
| "satisfactory repayment record" shall be
defined by rule. | 27 |
| The Department shall refuse to issue or renew a license to,
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| or shall suspend or revoke a license of, any person who, | 29 |
| after receiving
notice, fails to comply with a subpoena or | 30 |
| warrant relating to a paternity or
child support | 31 |
| proceeding. However, the Department may issue a license or
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| renewal upon compliance with the subpoena or warrant.
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| The Department, without further process or hearings, | 34 |
| shall revoke, suspend,
or deny any license or renewal | 35 |
| authorized by the Civil Administrative Code of
Illinois to | 36 |
| a person who is certified by the Illinois Department of |
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| Public Aid
as being more than 30 days delinquent in | 2 |
| complying with a child support order
or who is certified by | 3 |
| a court as being in violation of the Non-Support
Punishment | 4 |
| Act for more than 60 days. The Department may, however, | 5 |
| issue a
license or renewal if the person has established a | 6 |
| satisfactory repayment
record as determined by the | 7 |
| Illinois Department of Public Aid or if the person
is | 8 |
| determined by the court to be in compliance with the | 9 |
| Non-Support Punishment
Act. The Department may implement | 10 |
| this paragraph as added by Public Act 89-6
through the use | 11 |
| of emergency rules in accordance with Section 5-45 of the
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| Illinois Administrative Procedure Act. For purposes of the | 13 |
| Illinois
Administrative Procedure Act, the adoption of | 14 |
| rules to implement this
paragraph shall be considered an | 15 |
| emergency and necessary for the public
interest, safety, | 16 |
| and welfare.
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| (6) To transfer jurisdiction of any realty under the | 18 |
| control of the
Department to any other department of the | 19 |
| State Government or to acquire
or accept federal lands when | 20 |
| the transfer, acquisition, or acceptance is
advantageous | 21 |
| to the State and is approved in writing by the Governor.
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| (7) To formulate rules and regulations necessary for | 23 |
| the enforcement of
any Act administered by the Department.
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| (8) To exchange with the Illinois Department of Public | 25 |
| Aid information
that may be necessary for the enforcement | 26 |
| of child support orders entered
pursuant to the Illinois | 27 |
| Public Aid Code, the Illinois Marriage and Dissolution
of | 28 |
| Marriage Act, the Non-Support of Spouse and Children Act, | 29 |
| the Non-Support
Punishment Act, the Revised Uniform | 30 |
| Reciprocal Enforcement of Support Act, the
Uniform | 31 |
| Interstate Family Support Act, or the Illinois Parentage | 32 |
| Act of 1984.
Notwithstanding any provisions in this Code to | 33 |
| the contrary, the Department of
Professional Regulation | 34 |
| shall not be liable under any federal or State law to
any | 35 |
| person for any disclosure of information to the Illinois | 36 |
| Department of
Public Aid under this paragraph (8) or for |
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| any other action taken in good faith
to comply with the | 2 |
| requirements of this paragraph (8).
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| (9) To perform other duties prescribed
by law.
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| (b) The Department may, when a fee is payable to the | 5 |
| Department for a wall
certificate of registration provided by | 6 |
| the Department of Central Management
Services, require that | 7 |
| portion of the payment for printing and distribution
costs be | 8 |
| made directly or through the Department to the Department of | 9 |
| Central
Management Services for deposit into the Paper and | 10 |
| Printing Revolving Fund.
The remainder shall be deposited into | 11 |
| the General Revenue Fund.
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| (c) For the purpose of securing and preparing evidence, and | 13 |
| for the purchase
of controlled substances, professional | 14 |
| services, and equipment necessary for
enforcement activities, | 15 |
| recoupment of investigative costs, and other activities
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| 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
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| that the Director deems necessary from the amounts appropriated | 22 |
| for that
purpose. Those sums may be advanced to the agent when | 23 |
| the Director deems that
procedure to be in the public interest. | 24 |
| Sums for the purchase of controlled
substances, professional | 25 |
| services, and equipment necessary for enforcement
activities | 26 |
| and other activities as set forth in this Section shall be | 27 |
| advanced
to the agent who is to make the purchase from the | 28 |
| Professional Regulation
Evidence Fund on vouchers signed by the | 29 |
| Director. The Director and those
agents are authorized to | 30 |
| maintain one or more commercial checking accounts with
any | 31 |
| State banking corporation or corporations organized under or | 32 |
| subject to the
Illinois Banking Act for the deposit and | 33 |
| withdrawal of moneys to be used for
the purposes set forth in | 34 |
| this Section; provided, that no check may be written
nor any | 35 |
| withdrawal made from any such account except upon the written
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| signatures of 2 persons designated by the Director to write |
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| those checks and
make those withdrawals. Vouchers for those | 2 |
| expenditures must be signed by the
Director. All such | 3 |
| expenditures shall be audited by the Director, and the
audit | 4 |
| shall be submitted to the Department of Central Management | 5 |
| Services for
approval.
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| (d) Whenever the Department is authorized or required by | 7 |
| law to consider
some aspect of criminal history record | 8 |
| information for the purpose of carrying
out its statutory | 9 |
| powers and responsibilities, then, upon request and payment
of | 10 |
| fees in conformance with the requirements of Section 2605-400 | 11 |
| of the
Department of State Police Law (20 ILCS 2605/2605-400), | 12 |
| the Department of State
Police is authorized to furnish, | 13 |
| pursuant to positive identification, the
information contained | 14 |
| in State files that is necessary to fulfill the request.
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| (e) The provisions of this Section do not apply to private | 16 |
| business and
vocational schools as defined by Section 1 of the | 17 |
| Private Business and
Vocational Schools Act.
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| (f) Beginning July 1, 1995, this Section does not apply to | 19 |
| those
professions, trades, and occupations licensed under the | 20 |
| Real Estate License
Act of 2000, nor does it apply to any | 21 |
| permits, certificates, or other
authorizations to do business | 22 |
| provided for in the Land Sales Registration Act
of 1989 or the | 23 |
| Illinois Real Estate Time-Share Act.
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| (g) The Department may grant the title "Retired", to be | 25 |
| used immediately adjacent to the title of a profession | 26 |
| regulated by the Department, to eligible retirees. The use of | 27 |
| the title "Retired" shall not constitute representation of | 28 |
| current licensure, registration, or certification. Any person | 29 |
| without an active license, registration, or certificate in a | 30 |
| profession that requires licensure, registration, or | 31 |
| certification shall not be permitted to practice that | 32 |
| profession.
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| (Source: P.A. 91-239, eff. 1-1-00; 91-245, eff. 12-31-99;
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| 91-613, eff. 10-1-99; 92-16, eff. 6-28-01.)
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| Section 10. The Professional Engineering Practice Act of |
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LRB094 07090 RAS 37235 b |
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| 1989 is amended by changing Section 9 as follows:
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| (225 ILCS 325/9) (from Ch. 111, par. 5209)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 9. Licensure qualifications; Examinations; Failure or | 5 |
| refusal
to take examinations. Examinations provided for by this | 6 |
| Act shall be
conducted under rules prescribed by the | 7 |
| Department. Examinations shall
be held not less frequently than | 8 |
| semi-annually, at times and places
prescribed by the | 9 |
| Department, of which applicants shall be notified by
the | 10 |
| Department in writing.
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| Beginning on or before January 1, 2005, a principles of | 12 |
| practice
examination in Software Engineering shall be offered | 13 |
| to applicants.
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| Examinations of the applicants who seek to practice | 15 |
| professional
engineering shall ascertain: (a) if the applicant | 16 |
| has an adequate
understanding of the basic and engineering | 17 |
| sciences, which shall embrace
subjects required of candidates | 18 |
| for an approved baccalaureate degree in
engineering, and (b) if | 19 |
| the training and experience of the applicant
have provided a | 20 |
| background for the application of the basic and
engineering | 21 |
| sciences to the solution of engineering problems. The
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| Department may by rule prescribe additional subjects for | 23 |
| examination.
If an applicant neglects, fails without an | 24 |
| approved excuse, or refuses
to take the next available | 25 |
| examination offered for licensure under this
Act within 3 years | 26 |
| after filing the application, the fee paid by the
applicant | 27 |
| shall be forfeited and the application denied. If an
applicant | 28 |
| fails to pass an examination for licensure under this Act
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| within 3 years after filing the application, the application | 30 |
| shall be
denied. However, such applicant may thereafter make a | 31 |
| new application
for examination, accompanied by the required | 32 |
| fee.
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| (Source: P.A. 92-145, eff. 1-1-02.)
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| Section 99. Effective date. This Act takes effect January |
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HB0900 Enrolled |
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LRB094 07090 RAS 37235 b |
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| 1, 2006.
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