Bill Text: IL HB0193 | 2013-2014 | 98th General Assembly | Engrossed

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Bill Title: Amends the Medical Practice Act of 1987. Makes a technical change in a provision concerning license renewal.

Sponsorship: Partisan Bill (Democrat 4)

Status: (Failed) 2014-12-03 - Session Sine Die [HB0193 Detail]

Download: Illinois-2013-HB0193-Engrossed.html

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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Finance Act is amended by changing
Section 6z-18 as follows:
(30 ILCS 105/6z-18) (from Ch. 127, par. 142z-18)
Sec. 6z-18. A portion of the money paid into the Local
Government Tax Fund from sales of food for human consumption
which is to be consumed off the premises where it is sold
(other than alcoholic beverages, soft drinks and food which has
been prepared for immediate consumption) and prescription and
nonprescription medicines, drugs, medical appliances and
insulin, urine testing materials, syringes and needles used by
diabetics, which occurred in municipalities, shall be
distributed to each municipality based upon the sales which
occurred in that municipality. The remainder shall be
distributed to each county based upon the sales which occurred
in the unincorporated area of that county.
A portion of the money paid into the Local Government Tax
Fund from the 6.25% general use tax rate on the selling price
of tangible personal property which is purchased outside
Illinois at retail from a retailer and which is titled or
registered by any agency of this State's government shall be

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distributed to municipalities as provided in this paragraph.
Each municipality shall receive the amount attributable to
sales for which Illinois addresses for titling or registration
purposes are given as being in such municipality. The remainder
of the money paid into the Local Government Tax Fund from such
sales shall be distributed to counties. Each county shall
receive the amount attributable to sales for which Illinois
addresses for titling or registration purposes are given as
being located in the unincorporated area of such county.
A portion of the money paid into the Local Government Tax
Fund from the 6.25% general rate (and, beginning July 1, 2000
and through December 31, 2000, the 1.25% rate on motor fuel and
gasohol, and beginning on August 6, 2010 through August 15,
2010, the 1.25% rate on sales tax holiday items) on sales
subject to taxation under the Retailers' Occupation Tax Act and
the Service Occupation Tax Act, which occurred in
municipalities, shall be distributed to each municipality,
based upon the sales which occurred in that municipality. The
remainder shall be distributed to each county, based upon the
sales which occurred in the unincorporated area of such county.
For the purpose of determining allocation to the local
government unit, a retail sale by a producer of coal or other
mineral mined in Illinois is a sale at retail at the place
where the coal or other mineral mined in Illinois is extracted
from the earth. This paragraph does not apply to coal or other
mineral when it is delivered or shipped by the seller to the

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purchaser at a point outside Illinois so that the sale is
exempt under the United States Constitution as a sale in
interstate or foreign commerce.
Whenever the Department determines that a refund of money
paid into the Local Government Tax Fund should be made to a
claimant instead of issuing a credit memorandum, the Department
shall notify the State Comptroller, who shall cause the order
to be drawn for the amount specified, and to the person named,
in such notification from the Department. Such refund shall be
paid by the State Treasurer out of the Local Government Tax
Fund.
As soon as possible after the first day of each month,
beginning January 1, 2011, upon certification of the Department
of Revenue, the Comptroller shall order transferred, and the
Treasurer shall transfer, to the STAR Bonds Revenue Fund the
local sales tax increment, as defined in the Innovation
Development and Economy Act, collected during the second
preceding calendar month for sales within a STAR bond district
and deposited into the Local Government Tax Fund, less 3% of
that amount, which shall be transferred into the Tax Compliance
and Administration Fund and shall be used by the Department,
subject to appropriation, to cover the costs of the Department
in administering the Innovation Development and Economy Act.
After the monthly transfer to the STAR Bonds Revenue Fund,
on or before the 25th day of each calendar month, the
Department shall prepare and certify to the Comptroller the

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disbursement of stated sums of money to named municipalities
and counties, the municipalities and counties to be those
entitled to distribution of taxes or penalties paid to the
Department during the second preceding calendar month. The
amount to be paid to each municipality or county shall be the
amount (not including credit memoranda) collected during the
second preceding calendar month by the Department and paid into
the Local Government Tax Fund, plus an amount the Department
determines is necessary to offset any amounts which were
erroneously paid to a different taxing body, and not including
an amount equal to the amount of refunds made during the second
preceding calendar month by the Department, and not including
any amount which the Department determines is necessary to
offset any amounts which are payable to a different taxing body
but were erroneously paid to the municipality or county, and
not including any amounts that are transferred to the STAR
Bonds Revenue Fund. Within 10 days after receipt, by the
Comptroller, of the disbursement certification to the
municipalities and counties, provided for in this Section to be
given to the Comptroller by the Department, the Comptroller
shall cause the orders to be drawn for the respective amounts
in accordance with the directions contained in such
certification.
When certifying the amount of monthly disbursement to a
municipality or county under this Section, the Department shall
increase or decrease that amount by an amount necessary to

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offset any misallocation of previous disbursements. The offset
amount shall be the amount erroneously disbursed within the 6
months preceding the time a misallocation is discovered.
The provisions directing the distributions from the
special fund in the State Treasury provided for in this Section
shall constitute an irrevocable and continuing appropriation
of all amounts as provided herein. The State Treasurer and
State Comptroller are hereby authorized to make distributions
as provided in this Section.
In construing any development, redevelopment, annexation,
preannexation or other lawful agreement in effect prior to
September 1, 1990, which describes or refers to receipts from a
county or municipal retailers' occupation tax, use tax or
service occupation tax which now cannot be imposed, such
description or reference shall be deemed to include the
replacement revenue for such abolished taxes, distributed from
the Local Government Tax Fund.
As soon as possible after the effective date of this
amendatory Act of the 98th General Assembly, the State
Comptroller shall order and the State Treasurer shall transfer
$6,600,000 from the Local Government Tax Fund to the Illinois
State Medical Disciplinary Fund.
(Source: P.A. 96-939, eff. 6-24-10; 96-1012, eff. 7-7-10;
97-333, eff. 8-12-11.)
Section 10. The Medical Practice Act of 1987 is amended by

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changing Section 21 as follows:
(225 ILCS 60/21) (from Ch. 111, par. 4400-21)
(Section scheduled to be repealed on December 31, 2013)
Sec. 21. License renewal; restoration; inactive status;
disposition and collection of fees.
(A) Renewal. The expiration date and renewal period for
each license issued under this Act shall be set by rule. The
holder of a license may renew the license by paying the
required fee. The holder of a license may also renew the
license within 90 days after its expiration by complying with
the requirements for renewal and payment of an additional fee.
A license renewal within 90 days after expiration shall be
effective retroactively to the expiration date.
The Department shall mail to each licensee under this Act,
at his or her address of record, at least 60 days in advance of
the expiration date of his or her license, a renewal notice. No
such license shall be deemed to have lapsed until 90 days after
the expiration date and after such notice has been mailed by
the Department as herein provided.
(B) Restoration. Any licensee who has permitted his or her
license to lapse or who has had his or her license on inactive
status may have his or her license restored by making
application to the Department and filing proof acceptable to
the Department of his or her fitness to have the license
restored, including evidence certifying to active practice in

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another jurisdiction satisfactory to the Department, proof of
meeting the continuing education requirements for one renewal
period, and by paying the required restoration fee.
If the licensee has not maintained an active practice in
another jurisdiction satisfactory to the Department, the
Licensing Board shall determine, by an evaluation program
established by rule, the applicant's fitness to resume active
status and may require the licensee to complete a period of
evaluated clinical experience and may require successful
completion of a practical examination specified by the
Licensing Board.
However, any registrant whose license has expired while he
or she has been engaged (a) in Federal Service on active duty
with the Army of the United States, the United States Navy, the
Marine Corps, the Air Force, the Coast Guard, the Public Health
Service or the State Militia called into the service or
training of the United States of America, or (b) in training or
education under the supervision of the United States
preliminary to induction into the military service, may have
his or her license reinstated or restored without paying any
lapsed renewal fees, if within 2 years after honorable
termination of such service, training, or education, he or she
furnishes to the Department with satisfactory evidence to the
effect that he or she has been so engaged and that his or her
service, training, or education has been so terminated.
(C) Inactive licenses. Any licensee who notifies the

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Department, in writing on forms prescribed by the Department,
may elect to place his or her license on an inactive status and
shall, subject to rules of the Department, be excused from
payment of renewal fees until he or she notifies the Department
in writing of his or her desire to resume active status.
Any licensee requesting restoration from inactive status
shall be required to pay the current renewal fee, provide proof
of meeting the continuing education requirements for the period
of time the license is inactive not to exceed one renewal
period, and shall be required to restore his or her license as
provided in subsection (B).
Any licensee whose license is in an inactive status shall
not practice in the State of Illinois.
(D) Disposition of monies collected. All monies collected
under this Act by the Department shall be deposited in the
Illinois State Medical Disciplinary Fund in the State Treasury,
and used only for the following purposes: (a) by the
Disciplinary Board and Licensing Board in the exercise of its
powers and performance of its duties, as such use is made by
the Department with full consideration of all recommendations
of the Disciplinary Board and Licensing Board, (b) for costs
directly related to persons licensed under this Act, and (c)
for direct and allocable indirect costs related to the public
purposes of the Department.
Moneys in the Fund may be transferred to the Professions
Indirect Cost Fund as authorized under Section 2105-300 of the

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Department of Professional Regulation Law (20 ILCS
2105/2105-300).
The State Comptroller shall order and the State Treasurer
shall transfer an amount equal to $2,200,000 from the Illinois
State Medical Disciplinary Fund to the Local Government Tax
Fund on each of the following dates: July 1, 2014, October 1,
2014, and January 1, 2015. These transfers shall constitute
repayment of the $6,600,000 transfer made under Section 6z-18
of the State Finance Act.
All earnings received from investment of monies in the
Illinois State Medical Disciplinary Fund shall be deposited in
the Illinois State Medical Disciplinary Fund and shall be used
for the same purposes as fees deposited in such Fund.
(E) Fees. The following fees are nonrefundable.
(1) Applicants for any examination shall be required to
pay, either to the Department or to the designated testing
service, a fee covering the cost of determining the
applicant's eligibility and providing the examination.
Failure to appear for the examination on the scheduled
date, at the time and place specified, after the
applicant's application for examination has been received
and acknowledged by the Department or the designated
testing service, shall result in the forfeiture of the
examination fee.
(2) The fee for a license under Section 9 of this Act
is $750 $300.

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(3) The fee for a license under Section 19 of this Act
is $750 $300.
(4) The fee for the renewal of a license for a resident
of Illinois shall be calculated at the rate of $250 $100
per year, except for licensees who were issued a license
within 12 months of the expiration date of the license, the
fee for the renewal shall be $250 $100. The fee for the
renewal of a license for a nonresident shall be calculated
at the rate of $500 $200 per year, except for licensees who
were issued a license within 12 months of the expiration
date of the license, the fee for the renewal shall be $500
$200.
(5) The fee for the restoration of a license other than
from inactive status, is $250 $100. In addition, payment of
all lapsed renewal fees not to exceed $1,500 $600 is
required.
(6) The fee for a 3-year temporary license under
Section 17 is $250 $100.
(7) The fee for the issuance of a duplicate license,
for the issuance of a replacement license for a license
which has been lost or destroyed, or for the issuance of a
license with a change of name or address other than during
the renewal period is $20. No fee is required for name and
address changes on Department records when no duplicate
license is issued.
(8) The fee to be paid for a license record for any

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purpose is $20.
(9) The fee to be paid to have the scoring of an
examination, administered by the Department, reviewed and
verified, is $20 plus any fees charged by the applicable
testing service.
(10) The fee to be paid by a licensee for a wall
certificate showing his or her license shall be the actual
cost of producing the certificate as determined by the
Department.
(11) The fee for a roster of persons licensed as
physicians in this State shall be the actual cost of
producing such a roster as determined by the Department.
(F) Any person who delivers a check or other payment to the
Department that is returned to the Department unpaid by the
financial institution upon which it is drawn shall pay to the
Department, in addition to the amount already owed to the
Department, a fine of $50. The fines imposed by this Section
are in addition to any other discipline provided under this Act
for unlicensed practice or practice on a nonrenewed license.
The Department shall notify the person that payment of fees and
fines shall be paid to the Department by certified check or
money order within 30 calendar days of the notification. If,
after the expiration of 30 days from the date of the
notification, the person has failed to submit the necessary
remittance, the Department shall automatically terminate the
license or certificate or deny the application, without

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hearing. If, after termination or denial, the person seeks a
license or certificate, he or she shall apply to the Department
for restoration or issuance of the license or certificate and
pay all fees and fines due to the Department. The Department
may establish a fee for the processing of an application for
restoration of a license or certificate to pay all expenses of
processing this application. The Secretary may waive the fines
due under this Section in individual cases where the Secretary
finds that the fines would be unreasonable or unnecessarily
burdensome.
(Source: P.A. 97-622, eff. 11-23-11.)
Section 99. Effective date. This Act takes effect upon
becoming law.