Illinois General Assembly - Full Text of Public Act 094-0452
Illinois General Assembly

Previous General Assemblies

Public Act 094-0452




Public Act 094-0452
HB0900 Enrolled LRB094 07090 RAS 37235 b

    AN ACT concerning regulation.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Department of Professional Regulation Law of
the Civil Administrative Code of Illinois is amended by
changing Sections 2105-5 and 2105-15 as follows:
    (20 ILCS 2105/2105-5)  (was 20 ILCS 2105/60b)
    Sec. 2105-5. Definitions.
    (a) In this Law:
    "Department" means the Department of Professional
    "Director" means the Director of Professional Regulation.
    (b) In the construction of this Section and Sections
2105-15, 2105-100, 2105-105, 2105-110, 2105-115, 2105-120,
2105-125, 2105-175, and 2105-325, the following definitions
shall govern unless the context otherwise clearly indicates:
    "Board" means the board of persons designated for a
profession, trade, or occupation under the provisions of any
Act now or hereafter in force whereby the jurisdiction of that
profession, trade, or occupation is devolved on the Department.
    "Certificate" means a license, certificate of
registration, permit, or other authority purporting to be
issued or conferred by the Department by virtue or authority of
which the registrant has or claims the right to engage in a
profession, trade, occupation, or operation of which the
Department has jurisdiction.
    "Registrant" means a person who holds or claims to hold a
    "Retiree" means a person who has been duly licensed,
registered, or certified in a profession regulated by the
Department and who chooses to relinquish or not renew his or
her license, registration, or certification.
(Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 92-16,
eff. 6-28-01.)
    (20 ILCS 2105/2105-15)  (was 20 ILCS 2105/60)
    Sec. 2105-15. General powers and duties.
    (a) The Department has, subject to the provisions of the
Civil Administrative Code of Illinois, the following powers and
        (1) To authorize examinations in English to ascertain
    the qualifications and fitness of applicants to exercise
    the profession, trade, or occupation for which the
    examination is held.
        (2) To prescribe rules and regulations for a fair and
    wholly impartial method of examination of candidates to
    exercise the respective professions, trades, or
        (3) To pass upon the qualifications of applicants for
    licenses, certificates, and authorities, whether by
    examination, by reciprocity, or by endorsement.
        (4) To prescribe rules and regulations defining, for
    the respective professions, trades, and occupations, what
    shall constitute a school, college, or university, or
    department of a university, or other institution,
    reputable and in good standing, and to determine the
    reputability and good standing of a school, college, or
    university, or department of a university, or other
    institution, reputable and in good standing, by reference
    to a compliance with those rules and regulations; provided,
    that no school, college, or university, or department of a
    university, or other institution that refuses admittance
    to applicants solely on account of race, color, creed, sex,
    or national origin shall be considered reputable and in
    good standing.
        (5) To conduct hearings on proceedings to revoke,
    suspend, refuse to renew, place on probationary status, or
    take other disciplinary action as authorized in any
    licensing Act administered by the Department with regard to
    licenses, certificates, or authorities of persons
    exercising the respective professions, trades, or
    occupations and to revoke, suspend, refuse to renew, place
    on probationary status, or take other disciplinary action
    as authorized in any licensing Act administered by the
    Department with regard to those licenses, certificates, or
    authorities. The Department shall issue a monthly
    disciplinary report. The Department shall deny any license
    or renewal authorized by the Civil Administrative Code of
    Illinois to any person who has defaulted on an educational
    loan or scholarship provided by or guaranteed by the
    Illinois Student Assistance Commission or any governmental
    agency of this State; however, the Department may issue a
    license or renewal if the aforementioned persons have
    established a satisfactory repayment record as determined
    by the Illinois Student Assistance Commission or other
    appropriate governmental agency of this State.
    Additionally, beginning June 1, 1996, any license issued by
    the Department may be suspended or revoked if the
    Department, after the opportunity for a hearing under the
    appropriate licensing Act, finds that the licensee has
    failed to make satisfactory repayment to the Illinois
    Student Assistance Commission for a delinquent or
    defaulted loan. For the purposes of this Section,
    "satisfactory repayment record" shall be defined by rule.
    The Department shall refuse to issue or renew a license to,
    or shall suspend or revoke a license of, any person who,
    after receiving notice, fails to comply with a subpoena or
    warrant relating to a paternity or child support
    proceeding. However, the Department may issue a license or
    renewal upon compliance with the subpoena or warrant.
        The Department, without further process or hearings,
    shall revoke, suspend, or deny any license or renewal
    authorized by the Civil Administrative Code of Illinois to
    a person who is certified by the Illinois Department of
    Public Aid as being more than 30 days delinquent in
    complying with a child support order or who is certified by
    a court as being in violation of the Non-Support Punishment
    Act for more than 60 days. The Department may, however,
    issue a license or renewal if the person has established a
    satisfactory repayment record as determined by the
    Illinois Department of Public Aid or if the person is
    determined by the court to be in compliance with the
    Non-Support Punishment Act. The Department may implement
    this paragraph as added by Public Act 89-6 through the use
    of emergency rules in accordance with Section 5-45 of the
    Illinois Administrative Procedure Act. For purposes of the
    Illinois Administrative Procedure Act, the adoption of
    rules to implement this paragraph shall be considered an
    emergency and necessary for the public interest, safety,
    and welfare.
        (6) To transfer jurisdiction of any realty under the
    control of the Department to any other department of the
    State Government or to acquire or accept federal lands when
    the transfer, acquisition, or acceptance is advantageous
    to the State and is approved in writing by the Governor.
        (7) To formulate rules and regulations necessary for
    the enforcement of any Act administered by the Department.
        (8) To exchange with the Illinois Department of Public
    Aid information that may be necessary for the enforcement
    of child support orders entered pursuant to the Illinois
    Public Aid Code, the Illinois Marriage and Dissolution of
    Marriage Act, the Non-Support of Spouse and Children Act,
    the Non-Support Punishment Act, the Revised Uniform
    Reciprocal Enforcement of Support Act, the Uniform
    Interstate Family Support Act, or the Illinois Parentage
    Act of 1984. Notwithstanding any provisions in this Code to
    the contrary, the Department of Professional Regulation
    shall not be liable under any federal or State law to any
    person for any disclosure of information to the Illinois
    Department of Public Aid under this paragraph (8) or for
    any other action taken in good faith to comply with the
    requirements of this paragraph (8).
        (9) To perform other duties prescribed by law.
    (b) The Department may, when a fee is payable to the
Department for a wall certificate of registration provided by
the Department of Central Management Services, require that
portion of the payment for printing and distribution costs be
made directly or through the Department to the Department of
Central Management Services for deposit into the Paper and
Printing Revolving Fund. The remainder shall be deposited into
the General Revenue Fund.
    (c) For the purpose of securing and preparing evidence, and
for the purchase of controlled substances, professional
services, and equipment necessary for enforcement activities,
recoupment of investigative costs, and other activities
directed at suppressing the misuse and abuse of controlled
substances, including those activities set forth in Sections
504 and 508 of the Illinois Controlled Substances Act, the
Director and agents appointed and authorized by the Director
may expend sums from the Professional Regulation Evidence Fund
that the Director deems necessary from the amounts appropriated
for that purpose. Those sums may be advanced to the agent when
the Director deems that procedure to be in the public interest.
Sums for the purchase of controlled substances, professional
services, and equipment necessary for enforcement activities
and other activities as set forth in this Section shall be
advanced to the agent who is to make the purchase from the
Professional Regulation Evidence Fund on vouchers signed by the
Director. The Director and those agents are authorized to
maintain one or more commercial checking accounts with any
State banking corporation or corporations organized under or
subject to the Illinois Banking Act for the deposit and
withdrawal of moneys to be used for the purposes set forth in
this Section; provided, that no check may be written nor any
withdrawal made from any such account except upon the written
signatures of 2 persons designated by the Director to write
those checks and make those withdrawals. Vouchers for those
expenditures must be signed by the Director. All such
expenditures shall be audited by the Director, and the audit
shall be submitted to the Department of Central Management
Services for approval.
    (d) Whenever the Department is authorized or required by
law to consider some aspect of criminal history record
information for the purpose of carrying out its statutory
powers and responsibilities, then, upon request and payment of
fees in conformance with the requirements of Section 2605-400
of the Department of State Police Law (20 ILCS 2605/2605-400),
the Department of State Police is authorized to furnish,
pursuant to positive identification, the information contained
in State files that is necessary to fulfill the request.
    (e) The provisions of this Section do not apply to private
business and vocational schools as defined by Section 1 of the
Private Business and Vocational Schools Act.
    (f) Beginning July 1, 1995, this Section does not apply to
those professions, trades, and occupations licensed under the
Real Estate License Act of 2000, nor does it apply to any
permits, certificates, or other authorizations to do business
provided for in the Land Sales Registration Act of 1989 or the
Illinois Real Estate Time-Share Act.
    (g) The Department may grant the title "Retired", to be
used immediately adjacent to the title of a profession
regulated by the Department, to eligible retirees. The use of
the title "Retired" shall not constitute representation of
current licensure, registration, or certification. Any person
without an active license, registration, or certificate in a
profession that requires licensure, registration, or
certification shall not be permitted to practice that
(Source: P.A. 91-239, eff. 1-1-00; 91-245, eff. 12-31-99;
91-613, eff. 10-1-99; 92-16, eff. 6-28-01.)
    Section 10. The Professional Engineering Practice Act of
1989 is amended by changing Section 9 as follows:
    (225 ILCS 325/9)  (from Ch. 111, par. 5209)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 9. Licensure qualifications; Examinations; Failure or
refusal to take examinations. Examinations provided for by this
Act shall be conducted under rules prescribed by the
Department. Examinations shall be held not less frequently than
semi-annually, at times and places prescribed by the
Department, of which applicants shall be notified by the
Department in writing.
    Beginning on or before January 1, 2005, a principles of
practice examination in Software Engineering shall be offered
to applicants.
    Examinations of the applicants who seek to practice
professional engineering shall ascertain: (a) if the applicant
has an adequate understanding of the basic and engineering
sciences, which shall embrace subjects required of candidates
for an approved baccalaureate degree in engineering, and (b) if
the training and experience of the applicant have provided a
background for the application of the basic and engineering
sciences to the solution of engineering problems. The
Department may by rule prescribe additional subjects for
examination. If an applicant neglects, fails without an
approved excuse, or refuses to take the next available
examination offered for licensure under this Act within 3 years
after filing the application, the fee paid by the applicant
shall be forfeited and the application denied. If an applicant
fails to pass an examination for licensure under this Act
within 3 years after filing the application, the application
shall be denied. However, such applicant may thereafter make a
new application for examination, accompanied by the required
(Source: P.A. 92-145, eff. 1-1-02.)
    Section 99. Effective date. This Act takes effect January
1, 2006.

Effective Date: 1/1/2006