Bill Amendment: IL HB5212 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: PHYSICAL THERAPY-ENDORSEMENT

Status: 2019-01-08 - Session Sine Die [HB5212 Detail]

Download: Illinois-2017-HB5212-Senate_Amendment_001.html

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Sen. Pamela J. Althoff

Filed: 5/9/2018

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AMENDMENT TO HOUSE BILL 5212
AMENDMENT NO. ______. Amend House Bill 5212 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the
Regulatory Sunrise Review Act.
Section 5. Findings and intent.
(a) It is the General Assembly's intent that no profession
or occupation be subject to regulation by the State unless the
regulation is necessary to protect the public health, safety,
or welfare of the people of this State. If the need for new
regulation is identified, the State may adopt the least
restrictive form of regulation necessary to protect the public
interest.
(b) The General Assembly finds that the regulatory
environment in Illinois has grown overly burdensome and has
become a strain on both the regulatory authority of the State

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and the ability of the people of Illinois to enter into and
work in various regulated professions. This Act is a means to
promote economic growth and decrease barriers to entry into
various professions in the State.
(c) This Act establishes a system to investigate and review
the necessity of new State regulation over a previously
unregulated profession or occupation. The Act further provides
for a process to investigate what level of regulation is
necessary in order to protect the public health, safety, or
welfare.
Section 10. Definitions. In this Act:
"Applicant" means a professional group or organization, an
individual, or any other interested party that proposes that a
profession or occupation not licensed by the Department before
January 1, 2018 be regulated through the licensure process.
"Department" means the Department of Financial and
Professional Regulation.
Section 15. Policy. The General Assembly may not act upon
legislation that proposes to license and regulate a profession
or occupation not licensed by the Department before January 1,
2018 until a report as provided in this Act has been prepared
and submitted to the Secretary of State.
Section 20. Resolution; petition for regulation; fee;

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process of obtaining cost-benefit report.
(a) The General Assembly shall commence the process
established by this Act to investigate and review the necessity
of new State regulation over a previously unregulated
profession or occupation by passage of a resolution.
(b) Upon passage by the General Assembly of the resolution,
an applicant that proposes legislation to license and regulate
a profession or occupation by the Department for which no
Department licensure or regulation exists shall submit a
petition for licensure, on forms provided by the Department,
and a non-refundable petition fee of $1,000 to the Department
within 30 days after introduction of the legislation. The
petition for licensure shall request that a report be prepared
assessing the need for the proposed new licensure. The petition
fee shall be deposited in the General Professions Dedicated
Fund and shall be appropriated to the Department for the
ordinary and contingent expenses of the Department in the
administration of this Act.
(c) Upon receipt of a complete petition and petition fee,
the Department shall contract for the preparation of an
independent report assessing the need for the proposed new
licensure. The report shall be principally authored by a labor
market economist with a doctoral degree currently associated
with an Illinois post-secondary educational institution or by a
person with an advanced quantitative degree and an expertise in
cost-benefit analysis currently associated with an Illinois

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post-secondary educational institution. If the Department is
unable to contract with a person meeting the qualifications
described in this subsection for the preparation of the
independent report, the Department may contract with a person
whose qualifications are substantially similar to those
described in this subsection. If the Department is unable to
enter into a contract for preparation of the independent report
for a sum not to exceed $1,000, the Department may utilize
existing funds to supplement the $1,000 fee collected.
(d) The report shall address the social and economic costs
and benefits of licensure, as well as the impact on the labor
market, impact on prices, and the rationale for policy
intervention. The report shall use modern cost-benefit
methods, including the following:
(1) defining the proposed licensed population,
including estimated number of participants, the users of
the services in question, and the Illinois economy
statewide;
(2) assessing a portfolio of alternatives to
licensing, as well as the impact of licensure;
(3) cataloging the potential impacts and selected
measurement indicators of licensure;
(4) predicting the quantitative impacts over the life
of the proposed license;
(5) monetizing all impacts;
(6) calculating the net present value;

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(7) identifying the distribution of costs and
benefits; and
(8) performing sensitivity testing.
(e) The report shall also address each of the factors and
consider the criteria and standards described in Section 25,
and shall make a recommendation regarding licensure or other
applicable alternatives.
(f) A preliminary copy of the report shall be submitted to
the Department for its review and comment for a period of at
least 30 days. Any comments made by the Department shall be
included in the report.
(g) The report, including any Department comments, shall be
completed within 12 months after the effective date of the
Department's contract for the report's creation. The completed
report shall be filed with the Secretary of State.
(h) After the report is filed with the Secretary of State
and after due consideration by the General Assembly, the bill
proposing licensure of the profession or occupation may proceed
for consideration by the General Assembly.
(i) Nothing in this Act shall interfere with the General
Assembly otherwise considering legislation on any regulatory
matter.
Section 25. List of factors; criteria and standards.
(a) The following factors shall be considered in the report
submitted with a petition for proposed licensure and regulation

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by the Department:
(1) whether regulation is necessary or beneficial,
including any potential harm or threat to the public if the
profession or occupation is not regulated or specific
examples of the harm or threat identified, if any;
(2) the extent to which the public will benefit from a
method of regulation that permits identification of
competent practitioners;
(3) the extent to which practitioners are autonomous,
as indicated by:
(A) the degree to which the profession or
occupation requires the use of independent judgment
and the skill or experience required in making such
judgment; and
(B) the degree to which practitioners are
supervised;
(4) the efforts that have been made to address any
concerns that give rise to the need for regulation,
including:
(A) voluntary efforts, if any, by members of the
profession or occupation to:
(i) establish a code of ethics;
(ii) help resolve disputes between
practitioners and consumers; and
(iii) establish requirements for continuing
education;

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(B) the existence of any national accreditation or
national certification systems for the profession or
occupation;
(C) recourse to and the extent of use of existing
law; and
(D) any prior attempts to regulate the profession
or occupation in Illinois;
(5) whether the following alternatives to licensure
would be adequate to protect the public interest:
(A) existing, new, or stronger civil remedies or
criminal sanctions;
(B) regulation of the service rather than the
individual practitioners;
(C) registration of all practitioners;
(D) market competition and third-party or
consumer-created ratings and reviews;
(E) voluntary or mandatory bonding or insurance;
(F) other alternatives;
(6) the benefit to the public if licensure is required,
including:
(A) whether regulation will result in reduction or
elimination of the harms or threats identified under
paragraph (1) of this subsection;
(B) the extent to which the public can be confident
that a practitioner is competent;
(C) whether renewal will be based only upon payment

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of a fee or whether renewal will require completion of
continuing education or any other requirements;
(D) the standards for registration or licensure as
compared with the standards of other jurisdictions;
and
(E) the nature and duration of the educational
requirement, if any, including: whether the
educational requirement includes a substantial amount
of supervised field experience; whether educational
programs exist in this State; whether there will be an
experience requirement; whether the experience must be
acquired under a registered, certified, or licensed
practitioner; whether there are alternative routes of
entry or methods of satisfying the eligibility
requirements and qualifications; whether all
applicants will be required to pass an examination;
and, if an examination is required, by whom it will be
developed and how the costs of development will be met;
(7) the extent to which regulation might harm the
public, including:
(A) whether regulation will restrict entry into
the profession or occupation, including:
(i) whether the standards are the least
restrictive necessary to ensure safe and effective
performance; and
(ii) whether persons who are registered or

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licensed in another jurisdiction that has
requirements that are substantially equivalent to
those of this State will be eligible for
endorsement or some form of reciprocity; and
(B) whether there are similar professions or
occupations that should be included or portions of the
profession or occupation that should be excluded from
regulation;
(8) how the standards of the profession or occupation
will be maintained, including:
(A) whether effective quality assurance standards
exist in the profession or occupation, such as legal
requirements associated with specific programs that
define or enforce standards or a code of ethics; and
(B) how the proposed form of regulation will ensure
quality, including:
(i) the extent to which a code of ethics, if
any, will be adopted; and
(ii) the grounds for suspension, revocation,
or refusal to renew registration, certification,
or licensure;
(9) how the additional cost that the Department will
incur in licensing the profession or occupation will be
recouped through licensing application and renewal fees;
(10) a profile of the practitioners in this State,
including a list of associations, organizations, and other

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groups representing the practitioners and including an
estimate of the number of practitioners in each group; and
(11) whether the profession or occupation is currently
regulated in any other state and what methods of regulation
each state utilizes.
(b) A profession or occupation shall be regulated by the
State only when the following criteria are met:
(1) it can be demonstrated that the unregulated
practice of the profession or occupation can clearly harm
or endanger the health, safety, or welfare of the public
and the potential for the harm is recognizable and not
remote or speculative;
(2) the public can reasonably be expected to benefit
from an assurance of initial and continuing professional
ability;
(3) the public cannot be effectively protected by other
means; and
(4) regulation of the profession does not impose
significant new economic hardships on the public,
significantly diminish the supply of qualified
practitioners, or otherwise create barriers to service
that are not consistent with the public welfare or
interest.
Section 30. Review by the General Assembly. After
evaluating the petition, report, and Department comments and

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considering governmental and societal costs and benefits, if
the General Assembly finds that it is necessary to regulate a
profession or occupation, the least restrictive method of
regulation may be imposed, consistent with the public interest
and this Section. In addition, the items in the following list
shall be considered in the following numbered order before
making a determination:
(1) If existing common law and statutory civil remedies
and criminal sanctions are insufficient to reduce or
eliminate existing harm, regulation shall occur through
enactment of stronger civil remedies and criminal
sanctions.
(2) If there exists a national accreditation or
certification system for the profession or occupation that
adequately ensures quality and protects the public health,
safety, and welfare, regulation by the State shall be
restricted to addressing those concerns that are not
covered by the national program.
(3) If the threat to the public health, safety, or
welfare is insufficiently large to justify licensure,
regulation shall be through a system of registration.
(4) If it is apparent that the public cannot be
adequately protected by any other means, a system of
licensure shall be imposed.
Section 35. Severability. If any part of the application of

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this Act is held invalid, the remainder of its application to
other situations, groups, or persons shall not be affected.
Section 99. Effective date. This Act takes effect upon
becoming law.".