Bill Text: IL SB1841 | 2013-2014 | 98th General Assembly | Chaptered

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Bill Title: Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Provides that any licensee disciplined under a licensure Act administered by the Division of Professional Regulation for an offense relating to the failure to pay taxes, child support, or student loans or relating to continuing education or advertising may file a petition with the Department on forms provided by the Department, along with the required fee of $200, to have the records of that offense removed from public view on the Department's website if certain conditions are met. Provides that nothing shall prohibit the Department from using a previous discipline for any regulatory purpose or from releasing records of a previous discipline upon request from law enforcement, other governmental body, or the public. Provides that removal of records of a disciplinary offense from the Department's website shall not be considered a vacating or expunging of the offense from the licensee's disciplinary record. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 9-5)

Status: (Passed) 2014-08-01 - Public Act . . . . . . . . . 98-0816 [SB1841 Detail]

Download: Illinois-2013-SB1841-Chaptered.html

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Public Act 098-0816
SB1841 Enrolled LRB098 07838 MGM 37921 b
AN ACT concerning State government.
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 adding
Section 2105-207 as follows:
(20 ILCS 2105/2105-207 new)
Sec. 2105-207. Records of Department actions.
(a) Any licensee subject to a licensing Act administered by
the Division of Professional Regulation and who has been
subject to disciplinary action by the Department may file an
application with the Department on forms provided by the
Department, along with the required fee of $200, to have the
records classified as confidential, not for public release and
considered expunged for reporting purposes if:
(1) the application is submitted more than 7 years
after the disciplinary offense or offenses occurred;
(2) the licensee has had no incidents of discipline
under the licensing Act since the disciplinary offense or
offenses identified in the application occurred;
(3) the Department has no pending investigations
against the licensee; and
(4) the licensee is not currently in a disciplinary

status.
(b) An application to make disciplinary records
confidential shall only be considered by the Department for an
offense or action relating to:
(1) failure to pay taxes or student loans;
(2) continuing education;
(3) failure to renew a license on time;
(4) failure to obtain or renew a certificate of
registration or ancillary license;
(5) advertising; or
(6) any grounds for discipline removed from the
licensing Act.
(c) An application shall be submitted to and considered by
the Director of the Division of Professional Regulation upon
submission of an application and the required non-refundable
fee. The Department may establish additional requirements by
rule. The Department is not required to report the removal of
any disciplinary record to any national database. Nothing in
this Section shall prohibit the Department from using a
previous discipline for any regulatory purpose or from
releasing records of a previous discipline upon request from
law enforcement, or other governmental body as permitted by
law. Classification of records as confidential shall result in
removal of records of discipline from records kept pursuant to
Sections 2105-200 and 2105-205 of this Act.

Section 10. The Health Care Professional Credentials Data
Collection Act is amended by adding Section 51 as follows:
(410 ILCS 517/51 new)
Sec. 51. Licensure records. Licensure records designated
confidential and considered expunged for reporting purposes by
the licensee under Section 2105-207 of the Civil Administrative
Code are not reportable under this Act.
Section 99. Effective date. This Act takes effect upon
becoming law.