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91_HB2644
LRB9101612ACmb
1 AN ACT concerning the regulation of professions, amending
2 named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Athletic Trainers Practice Act
6 is amended by changing Section 6 as follows:
7 (225 ILCS 5/6) (from Ch. 111, par. 7606)
8 Sec. 6. Athletic Training Board - Appointment -
9 Membership - Term - Duties. The Director shall appoint an
10 Illinois Board of Athletic Trainers as follows: 6 persons who
11 shall be appointed by and shall serve in an advisory capacity
12 to the Director. Two members must be licensed physicians; 3
13 members must be registered athletic trainers in good
14 standing, and actively engaged in the practice of athletic
15 training in this State; and 1 member must be a public member
16 who is not registered under this Act, or a similar Act of
17 another jurisdiction, and is not a provider of athletic
18 health care service.
19 Members shall serve 4 year terms and until their
20 successors are appointed and qualified except that of the
21 initial appointments, 1 member shall be appointed to serve
22 for one year, 2 shall be appointed to serve for 2 years, 2
23 shall be appointed to serve for 3 years, and the remaining
24 one, who shall be the public member, shall be appointed to
25 serve for 4 years, and until their successors are appointed
26 and qualified. No member shall be reappointed to the Board
27 for more than 2 terms. Appointments to fill vacancies shall
28 be made in the same manner as original appointments, for the
29 unexpired portion of the vacated term. Initial terms shall
30 begin upon the effective date of this Act.
31 The membership of the Board should reasonably reflect
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1 representation from the geographic areas in this State.
2 The Board shall present an annual report to the Director,
3 the content of which shall be set forth by the rules of the
4 Department.
5 The Director may terminate the appointment of any member
6 for cause which in the opinion of the Director reasonably
7 justifies such termination.
8 The Director shall consider the recommendation of the
9 Board on questions involving standards of professional
10 conduct, discipline, and qualifications of candidates and
11 license holders under this Act.
12 (Source: P.A. 89-216, eff. 1-1-96.)
13 Section 10. The Illinois Dental Practice Act is amended
14 by changing Section 16.1 as follows:
15 (225 ILCS 25/16.1) (from Ch. 111, par. 2316.1)
16 Sec. 16.1. Continuing education. The Department shall
17 promulgate rules of continuing education for persons licensed
18 under this Act. In establishing rules, the Department shall
19 require a minimum of 32 hours of study in approved courses
20 for dentists during each 2 year licensing period and a
21 minimum of 24 hours of study in approved courses for dental
22 hygienists during each 2 year licensing period. These
23 continuing education rules shall only apply to licenses
24 renewed after November 1, 1992.
25 The Department shall approve only courses that are
26 relevant to the treatment and care of patients, including,
27 but not limited to, clinical courses in dentistry and dental
28 hygiene and nonclinical courses such as patient management,
29 legal and ethical responsibilities, and stress management.
30 Courses shall not be approved in such subjects as estate and
31 financial planning, investments, or personal health.
32 Approved courses may include, but shall not be limited to,
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1 courses that are offered or sponsored by approved colleges,
2 universities, and hospitals and by recognized national,
3 State, and local dental and dental hygiene organizations.
4 No license shall be renewed unless the renewal
5 application is accompanied by an affidavit indicating that
6 the applicant has completed the required minimum number of
7 hours of continuing education in approved courses as required
8 by this Section. The affidavit shall not require a listing
9 of courses. The affidavit shall be a prima facie evidence
10 that the applicant has obtained the minimum number of
11 required continuing education hours in approved courses. The
12 Department shall not be obligated to conduct random audits or
13 otherwise independently verify that an applicant has met the
14 continuing education requirement. The Department, however,
15 may not conduct random audits of more than 10% of the
16 licensed dentists and dental hygienists in any one licensing
17 cycle to verify compliance with continuing education
18 requirements. If the Department, however, receives a
19 complaint that a licensee has not completed the required
20 continuing education or if the Department is investigating
21 another alleged violation of this Act by a licensee, the
22 Department may demand and shall be entitled to receive
23 evidence from any licensee of completion of required
24 continuing education courses for the most recently completed
25 2 year licensing period. Evidence of continuing education may
26 include, but is not limited to, canceled checks, official
27 verification forms of attendance, and continuing education
28 recording forms, that demonstrate a reasonable record of
29 attendance. The Illinois State Board of Dentistry shall
30 determine, in accordance with rules adopted by the
31 Department, whether a licensee or applicant has met the
32 continuing education requirements. Any dentist who holds more
33 than one license under this Act shall be required to complete
34 only the minimum number of hours of continuing education
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1 required for renewal of a single license. The Department may
2 provide by administrative rule for exemptions from continuing
3 education requirements. The exemptions shall include, but
4 shall not be limited to, dentists and dental hygienists who
5 agree not to practice within the State during the licensing
6 period because they are retired from practice.
7 (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95;
8 90-544, eff. 1-1-98.)
9 Section 15. The Dietetic and Nutrition Services Practice
10 Act is amended by changing Section 85 as follows:
11 (225 ILCS 30/85) (from Ch. 111, par. 8401-85)
12 Sec. 85. Fees. The Department shall provide by rule for
13 a schedule of fees for the administration and enforcement of
14 this Act, including but not limited to original licensure,
15 renewal, and restoration. The fees shall be nonrefundable.
16 All fees collected under this Act shall be deposited into
17 the General Professions Dedicated Fund and shall be
18 appropriated to the Department for the ordinary and
19 contingent expenses of the Department in the administration
20 of this Act. The following fees shall be imposed by the
21 Department and are not refundable:
22 (a) A fee of $100 must accompany an application for a
23 license under this Act.
24 (b) In addition, applicants for any examination as a
25 dietitian shall be required to pay, either to the Department
26 or to the designated testing service, a fee covering the cost
27 of providing the examination. Failure to appear for the
28 examination on the scheduled date, at the time and place
29 specified, after the applicant's application for the
30 examination has been received and acknowledged by the
31 Department or the designated testing service, shall result in
32 the forfeiture of the examination fee.
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1 (c) The fee for the renewal of a license as a dietitian
2 or nutrition counselor shall be $50 per year.
3 (d) The fee for application for a license for a
4 dietitian or nutrition counselor licensed under the laws of
5 another jurisdiction is $200.
6 (e) The fee for the restoration of a license other than
7 from inactive status is $25 plus payment of all lapsed
8 renewal fees.
9 (f) The fee for the issuance of a duplicate license, for
10 the issuance of a replacement registration for a license that
11 has been lost or destroyed, or for the issuance of a license
12 with a change of name or address other than during the
13 renewal period is $25. No fee is required for name and
14 address changed on Department records where a duplicate
15 registration is not issued.
16 (g) The fee for certification of a license for any
17 purpose is $25.
18 (h) The fee to have the scoring of an examination
19 administered by the Department reviewed and verified is $25
20 plus any fees charged by the applicable testing service.
21 (i) The fee for a wall certificate showing a license
22 shall be the actual cost of producing the certificate.
23 (j) The fee for a roster of licensees as dietitians or
24 nutrition counselors in this State shall be the actual cost
25 of producing the roster.
26 (k) The fee for initial approval of a continuing
27 education sponsor shall be $500. The fee for renewal of
28 sponsor approval shall be $250 every 2 years. State colleges,
29 universities, and State agencies located in Illinois are
30 exempt from payment of this fee.
31 (Source: P.A. 87-784; 87-1000.)
32 Section 20. The Funeral Directors and Embalmers
33 Licensing Code is amended by changing Section 15-5 as
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1 follows:
2 (225 ILCS 41/15-5) (from Ch. 111, par. 2825)
3 Sec. 15-5. Funeral Directors and Embalmers Licensing and
4 Disciplinary Board. A Funeral Directors and Embalmers
5 Licensing and Disciplinary Board is created and shall consist
6 of 7 persons, 6 of whom are licensed to practice funeral
7 directing and embalming in this State, and one who is a
8 knowledgeable public member. Each member shall be appointed
9 by the Director of the Department. The persons so appointed
10 shall hold their offices for 4 years and until a qualified
11 successor is appointed. All vacancies occurring shall be
12 filled by the Director for the unexpired portion of the term
13 rendered vacant. No member shall be eligible to serve for
14 more than 2 full terms. Any appointee may be removed by the
15 Director when in his or her discretion he or she finds
16 removal to be in the public interest. The cause for removal
17 must be set forth in writing. The Board shall annually select
18 a chairman from its membership. The members of the Board
19 shall be reimbursed for all legitimate and necessary expenses
20 incurred in attending meetings of the Board. The Board may
21 meet as often as necessary to perform its duties under this
22 Code, and shall meet at least once a year in Springfield,
23 Illinois.
24 The members of the Board appointed and serving under the
25 Funeral Directors and Embalmers Licensing Act of 1935 shall
26 continue to serve under the Funeral Directors and Embalmers
27 Licensing Code and until the expiration of their appointed
28 terms. These members may be reappointed if eligible under
29 this Section.
30 The Board shall submit a written report, at least
31 annually, to the Director in which it shall evaluate its own
32 and the Department's performance, inform the Department of
33 practice developments with the funeral service profession,
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1 and provide recommendations for statutory or regulatory
2 program changes.
3 The Department may seek the advice and recommendations of
4 the Board on any matter relating to the administration and
5 enforcement of this Code.
6 The Department shall seek the advice and recommendations
7 of the Board in connection with any rulemaking or
8 disciplinary actions, including applications for restoration
9 of revoked licenses. The Board shall have 60 days to respond
10 to a Department request for advice and recommendations. If
11 the Department fails to adopt, in whole or in part, a Board
12 recommendation in connection with any rulemaking or
13 disciplinary action, it shall provide a written explanation
14 of its specific reasons for not adopting the Board
15 recommendation. The written explanations shall be made
16 available for public inspection.
17 The Department shall adopt all necessary and reasonable
18 rules and regulations for the effective administration of
19 this Code, and without limiting the foregoing, the Department
20 shall adopt rules and regulations:
21 (1) prescribing a method of examination of
22 candidates;
23 (2) defining what shall constitute a school,
24 college, university, department of a university or other
25 institution to determine the reputability and good
26 standing of these institutions by reference to a
27 compliance with the rules and regulations; however, no
28 school, college, university, department of a university
29 or other institution that refuses admittance to
30 applicants, solely on account of race, color, creed, sex
31 or national origin shall be considered reputable and in
32 good standing;
33 (3) establishing expiration dates and renewal
34 periods for all licenses;
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1 (4) prescribing a method of handling complaints and
2 conducting hearings on proceedings to take disciplinary
3 action under this Code; and
4 (5) providing for licensure by reciprocity.
5 (Source: P.A. 87-966.)
6 Section 25. The Pharmacy Practice Act of 1987 is amended
7 by changing Sections 6 and 10 as follows:
8 (225 ILCS 85/6) (from Ch. 111, par. 4126)
9 Sec. 6. Each individual seeking licensure as a
10 registered pharmacist shall make application to the
11 Department and shall provide evidence of the following:
12 1. (blank); that he is a United States citizen or
13 legally admitted alien;
14 2. that he or she has not engaged in conduct or behavior
15 determined to be grounds for discipline under this Act;
16 3. that he or she is a graduate of a first professional
17 degree program in pharmacy of a university recognized and
18 approved by the Department;
19 4. that he or she has successfully completed a program
20 of practice experience under the direct supervision of a
21 registered pharmacist in a pharmacy in this State, or in any
22 other State; and
23 5. that he or she has passed an examination recommended
24 by the Board of Pharmacy and authorized by the Department.
25 The program of practice experience referred to in
26 paragraph (4) of this Section shall be fulfilled by the
27 successful completion of a practice course offered by a
28 school or college of pharmacy or department of pharmacy
29 recognized and approved by the Department, which shall be a
30 minimum of one academic quarter in length.
31 Any person applying for a license as a registered
32 pharmacist in this State who has graduated from a first
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1 professional degree program in pharmacy of at least 5
2 academic years from a school or college of pharmacy, which at
3 the time of such graduation was not recognized and approved
4 as reputable and in good standing by the Department, shall be
5 required, in order to qualify for admittance to take the
6 Department's examination for licensure as a registered
7 pharmacist, to pass a preliminary diagnostic examination
8 recommended by the Board and authorized by the Department,
9 covering proficiency in the English language and such
10 academic areas as the Board may deem essential to a
11 satisfactory pharmacy curriculum and by rule prescribe. Any
12 applicant who submits to and fails to pass the preliminary
13 diagnostic examination may be required to satisfy the Board
14 that he has taken additional remedial work previously
15 approved by the Board to correct deficiencies in his
16 pharmaceutical education indicated by the results of the last
17 preliminary diagnostic examination prior to taking the
18 preliminary diagnostic examination again.
19 Any applicant who has graduated from a first professional
20 degree program in pharmacy of at least 5 academic years from
21 a school or college of pharmacy, which at the time of such
22 graduation was not recognized and approved as reputable and
23 in good standing by the Department, shall complete a clinical
24 program previously approved by the Board on the basis of its
25 equivalence to programs that are components of first
26 professional degree programs in pharmacy approved by the
27 Department.
28 Any person required by Section 6 to submit to a
29 preliminary diagnostic examination in advance of admittance
30 to an examination for registration as a registered pharmacist
31 under this Act shall be permitted to take such preliminary
32 diagnostic examination, provided that he is not less than 21
33 years of age and furnishes the Department with satisfactory
34 evidence that he has: successfully completed a program of
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1 preprofessional education (postsecondary school) consisting
2 of course work equivalent to that generally required for
3 admission to U.S. colleges of pharmacy recognized and
4 approved as reputable and in good standing by the Department;
5 and has received a degree in pharmacy as required in this
6 Section.
7 The Department shall issue a license as a registered
8 pharmacist to any applicant who has qualified as aforesaid
9 and who has filed the required applications and paid the
10 required fees in connection therewith; and such registrant
11 shall have the authority to practice the profession of
12 pharmacy in this State.
13 (Source: P.A. 85-796.)
14 (225 ILCS 85/10) (from Ch. 111, par. 4130)
15 Sec. 10. State Board of Pharmacy. There is created in the
16 Department the State Board of Pharmacy. It shall consist of 9
17 members, 7 of whom shall be licensed pharmacists. Each of
18 those 7 members must be a licensed pharmacist in good
19 standing in this State, a graduate of an accredited college
20 of pharmacy or hold a Bachelor of Science degree in Pharmacy
21 and have at least 5 years' practical experience in the
22 practice of pharmacy subsequent to the date of his licensure
23 as a licensed pharmacist in the State of Illinois. There
24 shall be 2 public members, who shall be voting members, who
25 shall not be licensed pharmacists in this State or any other
26 state.
27 Each member shall be appointed by the Governor.
28 The terms of all members serving as of March 31, 1999
29 shall expire on that date. The Governor shall appoint 3
30 persons to serve one-year terms, 3 persons to serve 3-year
31 terms, and 3 persons to serve 5-year terms to begin April 1,
32 1999. Otherwise, members shall be appointed to 5 year terms.
33 No member shall be eligible to serve more than 12 consecutive
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1 years.
2 In making the appointment of members on the Board, the
3 Governor shall give due consideration to recommendations by
4 the members of the profession of pharmacy and by
5 pharmaceutical organizations therein. The Governor shall
6 notify the pharmaceutical organizations promptly of any
7 vacancy of members on the Board and in appointing members
8 shall give consideration to individuals engaged in all types
9 and settings of pharmacy practice.
10 The Governor may remove any member of the Board for
11 misconduct, incapacity or neglect of duty and he shall be the
12 sole judge of the sufficiency of the cause for removal.
13 Every person appointed a member of the Board shall take
14 and subscribe the constitutional oath of office and file it
15 with the Secretary of State. Each member of the Board shall
16 be reimbursed for such actual and legitimate expenses as he
17 may incur in going to and from the place of meeting and
18 remaining thereat during sessions of the Board. In addition,
19 each member of the Board shall receive a per diem payment in
20 an amount determined from time to time by the Director for
21 attendance at meetings of the Board and conducting other
22 official business of the Board.
23 The Board shall hold quarterly meetings and an annual
24 meeting in January of each year and such other meetings at
25 such times and places and upon such notice as the Board may
26 determine and as its business may require. Five members of
27 the Board shall constitute a quorum for the transaction of
28 business. The Director shall appoint a pharmacy coordinator,
29 who shall be someone other than a member of the Board. The
30 pharmacy coordinator shall be a registered pharmacist in good
31 standing in this State, shall be a graduate of an accredited
32 college of pharmacy, or hold at a minimum a Bachelor of
33 Science degree in Pharmacy and shall have at least 5 years'
34 experience in the practice of pharmacy immediately prior to
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1 his appointment. The pharmacy coordinator shall be the
2 executive administrator and the chief enforcement officer of
3 the Pharmacy Practice Act.
4 The Board shall exercise the rights, powers and duties
5 which have been vested in the Board under this Act, and any
6 other duties conferred upon the Board by law.
7 The Director shall, in conformity with the Personnel
8 Code, employ not less than 7 pharmacy investigators and 2
9 pharmacy supervisors. Each pharmacy investigator and each
10 supervisor shall be a registered pharmacist in good standing
11 in this State, and shall be a graduate of an accredited
12 college of pharmacy and have at least 5 years of experience
13 in the practice of pharmacy. The Department shall also employ
14 at least one attorney who is a pharmacist to prosecute
15 violations of this Act and its rules. The Department may, in
16 conformity with the Personnel Code, employ such clerical and
17 other employees as are necessary to carry out the duties of
18 the Board.
19 The duly authorized pharmacy investigators of the
20 Department shall have the right to enter and inspect during
21 business hours any pharmacy or any other place in the State
22 of Illinois holding itself out to be a pharmacy where
23 medicines or drugs or drug products or proprietary medicines
24 are sold, offered for sale, exposed for sale, or kept for
25 sale. The pharmacy investigators shall be the only Department
26 investigators authorized to inspect, investigate, and monitor
27 probation compliance of pharmacists and pharmacies.
28 The Board shall render annually to the Director a report
29 of their proceedings during the preceding year, together with
30 such other information and recommendations as the Board deems
31 proper.
32 (Source: P.A. 90-253, eff. 7-29-97.)
33 Section 30. The Illinois Physical Therapy Act is amended
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1 by changing Section 16.1 as follows:
2 (225 ILCS 90/16.1)
3 Sec. 16.1. Fees. The Department shall provide by rule a
4 schedule of fees for the administration and enforcement of
5 this Act, including but not limited to original licensure,
6 renewal, and restoration. The fees shall be nonrefundable.
7 (a) The application fee for a license is $100.
8 (b) Applicants for any examination shall be required to
9 pay, either to the Department or to the designated testing
10 service, a fee covering the cost of determining an
11 applicant's eligibility and providing the examination.
12 Failure to appear for the examination on the scheduled date,
13 at the time and place specified, after the applicant's
14 application for examination has been received and
15 acknowledged by the Department or the designated testing
16 service, shall result in the forfeiture of the examination
17 fee.
18 (c) The fee for the renewal of a license shall be
19 calculated at the rate of $30 per year.
20 (d) The fee for the restoration of a license other than
21 from inactive status is $10 plus payment of all lapsed
22 renewal fees.
23 (e) The fee to be paid for the issuance of a duplicate
24 license, for the issuance of a replacement license, for a
25 replacement license for a license that has been lost or
26 destroyed, or for the issuance of a license with a change of
27 name or address other than during the renewal period is $20.
28 (f) The fee for a certification of a license for any
29 purpose is $20.
30 (g) The fee to have the scoring of an examination
31 administered by the Department reviewed and verified is $20
32 plus any fee charged by the applicable testing service.
33 (h) The fee for a wall certificate evidencing licensing
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1 shall be the actual cost of producing that certificate.
2 (i) The fee for a roster of persons licensed as physical
3 therapists or physical therapists assistants in this State
4 shall be the actual cost of producing that roster.
5 (Source: P.A. 89-387, eff. 1-1-96.)
6 Section 35. The Physician Assistant Practice Act of 1987
7 is amended by changing Section 11 as follows:
8 (225 ILCS 95/11) (from Ch. 111, par. 4611)
9 Sec. 11. Committee. There is established a physician
10 assistant advisory committee to the Medical Licensing Board.
11 The physician assistant advisory committee shall review and
12 make recommendations to the Board regarding all matters
13 relating to physician assistants. The physician assistant
14 advisory committee shall be composed of 7 members. Three of
15 the 7 members shall be physicians, 2 of whom shall be members
16 of the Board and appointed to the advisory committee by the
17 chairman. One physician, not a member of the Board, shall be
18 a supervisor of a certified physician assistant and shall be
19 approved by the Governor from a list of Illinois physicians
20 supervising certified physician assistants. Three members
21 shall be physician assistants, certified under the law and
22 appointed by the Governor from a list of 10 names recommended
23 by the Board of Directors of the Illinois Academy of
24 Physician Assistants. One member, not employed or having any
25 material interest in any health care field, shall be
26 appointed by the Governor and represent the public. The
27 chairman of the physician assistant advisory committee shall
28 be a member elected by a majority vote of the physician
29 assistant advisory committee unless already a member of the
30 Board. The physician assistant advisory committee is required
31 to meet and report to the Board quarterly and as physician
32 assistant issues arise. The terms of office of each of the
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1 original 7 members shall be at staggered intervals. One
2 physician and one physician assistant shall serve for a 2
3 year term. One physician and one physician assistant shall
4 serve a 3 year term. One physician, one physician assistant
5 and the public member shall serve a 4 year term. Upon the
6 expiration of the term of any member, his successor shall be
7 appointed for a term of 4 years in the same manner as the
8 initial appointment. No member shall serve more than 2
9 consecutive terms.
10 The members of the physician assistant advisory committee
11 shall be reimbursed for all authorized legitimate and
12 necessary expenses incurred in attending the meetings of the
13 committee.
14 A majority of the physician assistant advisory committee
15 members currently appointed shall constitute a quorum. A
16 vacancy in the membership of the committee shall not impair
17 the right of a quorum to perform all of the duties of the
18 committee.
19 Members of the physician assistant advisory committee
20 shall have no liability for any action based upon a
21 disciplinary proceeding or other activity performed in good
22 faith as a member of the committee.
23 (Source: P.A. 90-61, eff. 12-30-97.)
24 Section 40. The Respiratory Care Practice Act is amended
25 by changing Section 75 as follows:
26 (225 ILCS 106/75)
27 Sec. 75. Fees. The Department shall provide by rule
28 for a schedule of fees for the administration and enforcement
29 of this Act, including but not limited to original licensure,
30 renewal, and restoration. The fees shall be nonrefundable.
31 The fees imposed under this Act are as follows and are
32 nonrefundable:
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1 (a) The fee for application for a respiratory care
2 practitioner license is $100.
3 (b) The fee for application for a temporary license is
4 $50 per year.
5 (c) Applicants for examination shall pay, either to the
6 Department or to the designated testing service, a fee
7 covering the cost of providing the examination.
8 (d) The fee for the renewal of a license is $60 per
9 year.
10 (e) The fee for the reinstatement of a license that has
11 been expired for less than 5 years is $20, plus payment of
12 all unpaid fees for every year that has lapsed.
13 (f) The fee for the restoration of a license that has
14 been expired for more than 5 years is $300.
15 (g) The fee for the issuance of a duplicate license, the
16 issuance of a replacement for a license that has been lost or
17 destroyed, or the issuance of a license with a change of name
18 or address, other than during the renewal period, is $20. No
19 fee is required for name and address changes on Department
20 records when no duplicate registration is issued.
21 (h) The fee for the certification of a license for any
22 purpose is $20.
23 (i) The fee for rescoring an examination is the cost to
24 the Department of rescoring the examination, plus any fees
25 charged by the applicable testing service to have the
26 examination rescored.
27 (j) The fee for a wall certificate showing the license
28 is the actual cost of producing the certificate.
29 (k) The fee for a roster of persons licensed as
30 respiratory care practitioners in this State is the actual
31 cost of producing the roster.
32 (l) The fee for copies of a license shall be the actual
33 cost of producing the copies.
34 (m) The fee for application for a license by a
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1 respiratory care practitioner registered or licensed under
2 the laws of another jurisdiction is $100.
3 All of the fees collected under this Act shall be
4 deposited into the General Professions Dedicated Fund. The
5 monies deposited into the General Professions Dedicated Fund
6 shall be used by the Department, as appropriated, for the
7 ordinary and contingent expenses of the Department. Monies
8 in the General Professions Dedicated Fund may be invested and
9 reinvested, with all earnings received from investments to be
10 deposited into that Fund and used for the same purposes as
11 fees deposited in that Fund.
12 (Source: P.A. 89-33, eff. 1-1-96.)
13 Section 45. The Veterinary Medicine and Surgery Practice
14 Act of 1994 is amended by changing Section 14 as follows:
15 (225 ILCS 115/14) (from Ch. 111, par. 7014)
16 Sec. 14. Fees. The Department shall provide by rule for
17 a schedule of fees for the administration and enforcement of
18 this Act, including but not limited to original licensure,
19 renewal, and restoration. The fees shall be nonrefundable.
20 All fees collected under this Act shall be deposited into
21 the General Professions Dedicated Fund and shall be
22 appropriated to the Department for the ordinary and
23 contingent expenses of the Department in the administration
24 of this Act. The fees under this Act are as follows and are
25 not refundable:
26 (1) The fee for application for a veterinary license is
27 $100.
28 (2) The fee for application for a veterinary technician
29 certificate is $50.
30 (3) In addition to the application fee, applicants for
31 the examination shall be required to pay, either to the
32 Department or to the designated testing service, a fee
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1 covering the cost of determining an applicant's eligibility
2 and providing the examination. Failure to appear for the
3 examination on the scheduled date, at the time and place
4 specified, after the applicant's application and fee for
5 examination has been received and acknowledged by the
6 Department or the designated testing service, shall result in
7 the forfeiture of the fee.
8 (4) The fee for the renewal of a veterinary license
9 shall be $50 per year.
10 (5) The fee for the renewal of a veterinary technician
11 certificate is $25 per year.
12 (6) The fee for the reinstatement of a license or
13 certificate that has expired for not more than 5 years is
14 $10, plus payment of all unpaid fees for every year that has
15 lapsed, except as provided in subsection (7) of this Section.
16 (7) The fee for the restoration of a veterinary license
17 that has expired for more than 5 years is $300.
18 (8) The fee for the restoration of a veterinary
19 technician certificate that has expired for more than 5 years
20 is $150.
21 (9) The fee for the issuance of a duplicate license, for
22 the issuance of a replacement license that has been lost or
23 destroyed, or for the issuance of a license with a change of
24 name or address, other than during the renewal period, is
25 $20. No fee is required for name and address changes on
26 Department records when no duplicate license is issued.
27 (10) The fee for a certification of a license or
28 certificate for any purpose is $20.
29 (11) The fee to have the scoring of an examination
30 administered by the Department reviewed and verified is $20,
31 plus any fee charged by the testing service.
32 (12) The fee for a wall license shall be the actual cost
33 of producing such license.
34 (13) The fee for a roster of persons licensed as
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1 veterinarians or veterinary technicians shall be the actual
2 cost of producing the roster.
3 (14) The fee for application for a license by a
4 veterinarian registered or licensed under the laws of another
5 jurisdiction is $100.
6 (15) The fee for application for a certificate by a
7 veterinary technician registered or licensed under the laws
8 of another jurisdiction is $50.
9 (Source: P.A. 88-424.)
10 Section 50. The Illinois Certified Shorthand Reporters
11 Act of 1984 is amended by changing Section 8 as follows:
12 (225 ILCS 415/8) (from Ch. 111, par. 6208)
13 Sec. 8. The Director shall appoint a certified Shorthand
14 Reporters Board as follows: 7 persons who shall be appointed
15 by and shall serve in an advisory capacity to the Director.
16 Six members must be certified shorthand reporters, in good
17 standing, and actively engaged in the practice of shorthand
18 reporting in this State for ten years, and one member must be
19 a member of the public who is not certified under this Act,
20 or a similar Act of another jurisdiction.
21 Members shall serve 4 year terms and until their
22 successors are appointed and qualified, except that of the
23 initial appointments, one member shall be appointed to serve
24 for one year, 2 shall be appointed to serve for 2 years, 2
25 shall be appointed to serve for 3 years, and the remaining
26 one, who shall be the public member, shall be appointed to
27 serve for 4 years, until their successors are appointed and
28 qualified. No member shall be reappointed to the Board for a
29 term that would cause his continuous service on the Board to
30 be longer than 8 successive years. Service prior to the
31 effective date of this amendatory Act of 1991 shall be
32 considered. Appointments to fill vacancies shall be made in
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1 the same manner as original appointments, for the unexpired
2 portion of the vacated term. Initial terms shall begin upon
3 the effective date of this Act.
4 The membership of the Board should reasonably reflect
5 representation from the geographic areas in this State. In
6 making appointments to the Board, the Director shall give
7 consideration to recommendations by national and State
8 organizations of the shorthand reporter profession and shall
9 promptly give notice to such organizations of any vacancy in
10 the membership of the Board.
11 The Board shall present an annual report to the Director,
12 the content of which shall be set forth by the rules of the
13 Department.
14 The Director may terminate the appointment of any member
15 for cause which in the opinion of the Director reasonably
16 justifies such termination.
17 The Director shall consider the recommendations of the
18 Board on questions involving standards of professional
19 conduct, discipline and qualifications of candidates and
20 certificate holders under this Act.
21 The Director may remove any member who fails to attend 3
22 consecutive meetings unless the member has a medical excuse.
23 (Source: P.A. 87-481; 87-576.)
24 Section 55. The Collection Agency Act is amended by
25 changing Section 8a as follows:
26 (225 ILCS 425/8a) (from Ch. 111, par. 2011a)
27 Sec. 8a. Fees. The Department shall provide by rule for a
28 schedule of fees for the administration and enforcement of
29 this Act, including but not limited to original licensure,
30 renewal, and restoration. The fees shall be nonrefundable.
31 All fees collected under this Act shall be deposited into
32 the General Professions Dedicated Fund and shall be
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1 appropriated to the Department for the ordinary and
2 contingent expenses of the Department in the administration
3 of this Act. The following fees shall be paid to the
4 Department for the licensing and registration functions
5 performed by the Department under this Act:
6 (1) The fee to be paid by an applicant for a
7 certificate of registration as a collection agency is
8 $750.
9 (2) The fee to be paid upon the renewal of a
10 certificate of registration as a collection agency is
11 $750 for a 3-year renewal.
12 (3) The fee to be paid for the issuance of a
13 duplicate certificate of registration, for the issuance
14 of a replacement certificate for a certificate which has
15 been lost or destroyed or for the issuance of a
16 certificate with a change of name or address other than
17 during the renewal period is $20.
18 (4) The fee to be paid for a certification of a
19 registrant's record for any purpose is $20.
20 (5) The fee to be paid by a registrant for a wall
21 certificate showing his registration shall be the actual
22 cost of producing such certificate.
23 (6) The fee to be paid for a roster of persons
24 registered as collection agencies in this State shall be
25 the actual cost of producing such a roster.
26 (7) The fee to be paid to the Department for a
27 printed copy of this Act and of the rules and regulations
28 promulgated for the administration of this Act is $1.
29 (8) The fee to be paid by an applicant for a
30 certificate of registration to operate a branch office is
31 $250.
32 (9) The fee to be paid upon the renewal of a
33 certificate of registration to operate a branch office is
34 $150 for a 3-year renewal.
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1 All fees and fines collected under this Act shall be
2 deposited into the General Professions Dedicated Fund. All
3 monies in the fund shall be used by the Department of
4 Professional Regulation, as appropriated, for the ordinary
5 and contingent expenses of the Department.
6 Any person who delivers a check or other payment to the
7 Department that is returned to the Department unpaid by the
8 financial institution upon which it is drawn shall pay to the
9 Department, in addition to the amount already owed to the
10 Department, a fine of $50. If the check or other payment was
11 for a renewal or issuance fee and that person practices
12 without paying the renewal fee or issuance fee and the fine
13 due, an additional fine of $100 shall be imposed. The fines
14 imposed by this Section are in addition to any other
15 discipline provided under this Act for unlicensed practice or
16 practice on a nonrenewed license. The Department shall notify
17 the person that payment of fees and fines shall be paid to
18 the Department by certified check or money order within 30
19 calendar days of the notification. If, after the expiration
20 of 30 days from the date of the notification, the person has
21 failed to submit the necessary remittance, the Department
22 shall automatically terminate the license or certificate or
23 deny the application, without hearing. If, after termination
24 or denial, the person seeks a license or certificate, he or
25 she shall apply to the Department for restoration or issuance
26 of the license or certificate and pay all fees and fines due
27 to the Department. The Department may establish a fee for the
28 processing of an application for restoration of a license or
29 certificate to pay all expenses of processing this
30 application. The Director may waive the fines due under this
31 Section in individual cases where the Director finds that the
32 fines would be unreasonable or unnecessarily burdensome.
33 (Source: P.A. 89-387, eff. 1-1-96.)
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1 Section 60. The Private Detective, Private Alarm,
2 Private Security, and Locksmith Act of 1993 is amended by
3 changing Section 105 as follows:
4 (225 ILCS 446/105)
5 Sec. 105. Issuance of license; renewal, fees.
6 (a) The Department shall, upon the applicant's
7 satisfactory completion of the requirements authorized under
8 this Act, and upon receipt of the requisite fees, issue the
9 appropriate license and wallet card showing the name and
10 business location of the licensee and the dates of issuance
11 and expiration, and containing a photograph of the licensee
12 provided to the Department that is not more than one year old
13 as of the date of application for licensure and reflects any
14 recent appearance changes.
15 (b) An applicant may upon satisfactory completion of
16 requirements authorized under this Act, and upon receipt of
17 requisite fees related to the application and testing for
18 licensure under this Act, elect to defer the issuance of the
19 applicant's initial license for a period not longer than 6
20 years. Any applicant who fails to request issuance of their
21 initial license or agency certificate and remit the fees
22 associated with that license within 6 years shall be required
23 to resubmit an applicant for licensure together with all
24 required fees.
25 (c) The expiration date, renewal period, and conditions
26 for renewal and restoration of each license, agency
27 certificate of registration, permanent employee registration
28 card, and firearm authorization card issued under this Act
29 shall be set by rule of the Department. The holder may renew
30 the license, agency certificate of registration, permanent
31 employee registration card, or firearm authorization card
32 during the month preceding its expiration by paying the
33 required fee and by meeting those conditions that the
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1 Department may specify. Any license holder who notifies the
2 Department in writing, on forms prescribed by the Department,
3 may elect to place his or her license on an inactive status
4 for a period of no longer than 6 years and shall, subject to
5 the rules of the Department, be excused from payment of
6 renewal fees until he or she notifies the Department in
7 writing of a desire to resume active status. Practice while
8 on inactive status constitutes unlicensed practice. A
9 nonrenewed license that has lapsed for less than 6 years may
10 be restored upon payment of a $50 restoration fee plus all
11 lapsed renewal fees. A license that has lapsed for more than
12 6 years may be restored by paying the required fees specified
13 in this Section and by providing evidence of competence to
14 resume practice satisfactory to the Department and the Board,
15 which may include passage of the written examination. All
16 restoration fees and lapsed renewal fees shall be waived for
17 an applicant whose license lapsed while on active duty in the
18 military provided application for restoration is made within
19 one year after discharge from the service.
20 (d) The Department shall provide by rule for a schedule
21 of fees for the administration and enforcement of this Act,
22 including but not limited to original licensure, renewal, and
23 restoration. The fees shall be nonrefundable.
24 All fees collected under this Act shall be deposited into
25 the General Professions Dedicated Fund and shall be
26 appropriated to the Department for the ordinary and
27 contingent expenses of the Department in the administration
28 of this Act. The nonrefundable fees are as follows:
29 (1) The filing fee for the first examination is $25
30 plus the cost of determining an applicant's eligibility
31 and of providing the examination; subsequent examination
32 fees shall be the cost of the examination; the fee for
33 the examination shall be paid to the Department or its
34 designee.
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1 (2) The initial issuance of any individual license
2 or agency certificate shall be $500.
3 (3) The initial issuance of a branch office
4 certificate is $200.
5 (4) The license issued to an applicant licensed in
6 another state or foreign country on the basis of
7 endorsement is $500.
8 (5) The triennial renewal of any individual license
9 or agency certificate is $450.
10 (6) The triennial renewal of a branch office
11 certificate is $200.
12 (7) The reinstatement of a license that has been
13 lapsed for less than 6 years is $50, plus all lapsed
14 renewal fees.
15 (8) The restoration of a lapsed license that has
16 been lapsed for more than 6 years is $100, plus all
17 lapsed renewal fees.
18 (9) The issuance of a duplicate license, agency
19 certificate of registration, permanent employee
20 registration card, certification of completion of 20-Hour
21 Basic Training, Certification of Firearm Training,
22 Firearm Authorization Card, or a certificate issued for a
23 change of name or address other than during the renewal
24 period is $25.
25 (10) The issuance of a permanent employee
26 registration card is $55; the triennial renewal of the
27 card is $45.
28 (11) The issuance of a firearm authorization card
29 is $55.
30 (12) The triennial renewal for a Firearm
31 Authorization Card is $45; reissuance of a Firearm
32 Authorization Card to an agency that has changed its name
33 is $10.00.
34 (13) For processing a fingerprint card by the State
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1 Police the fee is the cost of processing, which shall be
2 made payable to the State Police Services Fund and shall
3 be remitted to the State Police for deposit into the
4 Fund.
5 (14) For review and verification of the scoring of
6 an examination administered by the Department, $20 plus
7 any actual fees charged by the testing service.
8 (15) For a roster of licensees or registrants the
9 fee shall be the cost of producing a roster.
10 (16) The fee for issuance of certification of a
11 license record shall be $20.
12 (17) The fee for issuance and renewal of an armed
13 proprietary security force registration is $20.
14 (18) The fee for reinstatement of a license from
15 inactive status that has lapsed for a period less than 6
16 years shall be the same as the current renewal fee.
17 (Source: P.A. 88-363.)
18 Section 65. The Illinois Public Accounting Act is
19 amended by changing Section 14 as follows:
20 (225 ILCS 450/14) (from Ch. 111, par. 5515)
21 Sec. 14. Qualifications. The Department shall license as
22 public accountants the following:
23 (a) All persons who have received or who hereafter
24 receive certificates as certified public accountants from the
25 Board, who have had at least one year of experience either on
26 the professional staff of a practicing public accountant of
27 this or any other state or in a responsible audit position
28 including work of a type normally directed toward the
29 expression of an independent opinion on financial statements
30 in a governmental agency either: (1) in auditing the books
31 and accounts or financial activities of partnerships,
32 corporations or other persons engaged in 3 or more distinct
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1 lines of commercial or industrial business in accordance with
2 generally accepted auditing standards; or (2) in auditing the
3 books and accounts or financial activities of 3 or more
4 distinct governmental agencies or independent organizational
5 units, not an employer of the applicant, in accordance with
6 generally accepted auditing standards, and in which the
7 results of such auditing are reported to a third party; or
8 (3) in reviewing financial statements and supporting material
9 covering the financial condition and operations of entities
10 engaged in 3 or more distinct lines of commercial or
11 industrial business to determine the reliability and fairness
12 of the financial reporting and compliance with generally
13 accepted accounting principles and applicable laws and
14 governmental regulations; or who provide satisfactory
15 evidence to the Committee, established herein, of such other
16 experience or employment as the Committee may consider
17 substantially equivalent thereto.
18 If the applicant's certificate was issued more than 4
19 years prior to the application for an internal license under
20 this Section, the applicant shall submit any evidence the
21 Department may require showing the applicant has completed
22 not less than 90 hours of continuing professional education
23 acceptable to the Department within the 3 years immediately
24 preceding the date of application.
25 The Committee shall be the sole and final judge of the
26 qualification of experience under this section.
27 (b) All partnerships, limited liability companies, or
28 corporations engaged in the practice of public accounting in
29 this State and meeting the following requirements:
30 (1) At least one partner, member of a limited
31 liability company, or shareholder in a corporation must
32 be licensed as a public accountant by the Department
33 under the provisions of this Act and must be a holder of
34 an effective unrevoked registration card; and each
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1 partner, member of a limited liability company, or
2 shareholder of a corporation personally engaged in this
3 State in the practice of public accounting and each
4 person in charge of an office of the firm in this State
5 must be so licensed and must be a holder of such a card.
6 (2) Each partner, member of a limited liability
7 company, or shareholder of a corporation not personally
8 engaged in this State in the practice of public
9 accounting must be a certified public accountant or be
10 otherwise authorized to practice accounting in some State
11 or Territory of the United States, in the District of
12 Columbia or in a foreign country or a political
13 subdivision thereof.
14 (3) It shall be lawful for a nonprofit cooperative
15 association engaged in rendering an auditing and
16 accounting service to its members only, to continue to
17 render that service provided that the rendering of
18 auditing and accounting service by the cooperative
19 association shall at all times be under the control and
20 supervision of public accountants.
21 (4) The Department may adopt rules and regulations
22 as necessary to provide for the practice of public
23 accounting by business entities that may be otherwise
24 authorized by law to conduct business in Illinois.
25 The Director shall appoint a Public Accountant
26 Registration Committee as follows: 7 persons who shall be
27 appointed by and shall serve in an advisory capacity to the
28 Director. Six members must be licensed public accountants,
29 in good standing, and must be actively engaged in the
30 practice of public accounting in this State, and one member
31 of the public, who is not licensed under this Act, or a
32 similar Act of another jurisdiction, and, who has no
33 connection with the accounting or public accounting
34 profession. Members shall serve 4 year terms and until their
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1 successors are appointed and qualified. No member shall be
2 reappointed to the Committee for more than 2 terms.
3 Appointments to fill vacancies shall be made in the same
4 manner as original appointments, for the unexpired portion of
5 the vacated term. The membership of the Committee should
6 reasonably reflect representation from the geographic areas
7 in this State.
8 The members of the Committee appointed by the Director
9 shall receive reasonable compensation, to be determined by
10 the Department, for the necessary, legitimate, and
11 authorized expenses approved by the Department. All expenses
12 shall be paid from the Registered Certified Public
13 Accountants' Administration and Disciplinary Fund.
14 The Director may terminate the appointment of any member
15 for cause.
16 The Committee shall present an annual report to the
17 Department the content of which shall be specified by rule.
18 The Director shall consider the advice and
19 recommendations of the Committee on questions involving
20 standards of professional conduct, discipline and
21 qualifications of candidates and licensees under this Act.
22 (Source: P.A. 88-36.)
23 Section 99. Effective date. This Act takes effect
24 January 1, 2000.
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1 INDEX
2 Statutes amended in order of appearance
3 225 ILCS 5/6 from Ch. 111, par. 7606
4 225 ILCS 25/16.1 from Ch. 111, par. 2316.1
5 225 ILCS 30/85 from Ch. 111, par. 8401-85
6 225 ILCS 41/15-5 from Ch. 111, par. 2825
7 225 ILCS 85/6 from Ch. 111, par. 4126
8 225 ILCS 85/10 from Ch. 111, par. 4130
9 225 ILCS 90/16.1
10 225 ILCS 95/11 from Ch. 111, par. 4611
11 225 ILCS 106/75
12 225 ILCS 115/14 from Ch. 111, par. 7014
13 225 ILCS 415/8 from Ch. 111, par. 6208
14 225 ILCS 425/8a from Ch. 111, par. 2011a
15 225 ILCS 446/105
16 225 ILCS 450/14 from Ch. 111, par. 5515