Bill Text: IL SB2248 | 2013-2014 | 98th General Assembly | Introduced

---

Bill Title: Amends the State Finance Act. Provides that, as soon as possible after the effective date of the amendatory Act, the State Comptroller shall order transferred and the State Treasurer shall transfer from the Illinois Violence Prevention Special Projects Fund (#318) to the Illinois State Medical Disciplinary Fund an amount equal to the total available balance in the Illinois Violence Prevention Special Projects Fund (#318) as of the date of the transfer. Provides that those moneys are not required to be repaid. Provides that moneys in the Illinois State Medical Disciplinary Fund are not subject to sweeps or administrative charges or chargebacks. Amends the Medical Practice Act of 1987. Extends the repeal of the Act to December 31, 2018 (now, December 31, 2013). Provides that the fee for the renewal of a license is $167 (instead of $100) per year for residents and $334 (instead of $200) per year for non-residents. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB2248 Detail]

Download: Illinois-2013-SB2248-Introduced.html

---

98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB2248 Introduced 2/15/2013, by Sen. Kyle McCarter SYNOPSIS AS INTRODUCED:
5 ILCS 80/4.28
5 ILCS 80/4.23 rep.
30 ILCS 105/8.52 new
225 ILCS 60/21 from Ch. 111, par. 4400-21
225 ILCS 95/14.1
Amends the State Finance Act. Provides that, as soon as possible after the effective date of the amendatory Act, the State Comptroller shall order transferred and the State Treasurer shall transfer from the Illinois Violence Prevention Special Projects Fund (#318) to the Illinois State Medical Disciplinary Fund an amount equal to the total available balance in the Illinois Violence Prevention Special Projects Fund (#318) as of the date of the transfer. Provides that those moneys are not required to be repaid. Provides that moneys in the Illinois State Medical Disciplinary Fund are not subject to sweeps or administrative charges or chargebacks. Amends the Medical Practice Act of 1987. Extends the repeal of the Act to December 31, 2018 (now, December 31, 2013). Provides that the fee for the renewal of a license is $167 (instead of $100) per year for residents and $334 (instead of $200) per year for non-residents. Effective immediately.
LRB098 10481 HLH 41025 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
SB2248 LRB098 10481 HLH 41025 b
AN ACT concerning finance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Regulatory Sunset Act is amended by changing
Section 4.28 as follows:
(5 ILCS 80/4.28)
Sec. 4.28. Acts repealed on January 1, 2018 and December
31, 2018.
(a) The following Acts are repealed on January 1, 2018:
The Illinois Petroleum Education and Marketing Act.
The Podiatric Medical Practice Act of 1987.
The Acupuncture Practice Act.
The Illinois Speech-Language Pathology and Audiology
Practice Act.
The Interpreter for the Deaf Licensure Act of 2007.
The Nurse Practice Act.
The Clinical Social Work and Social Work Practice Act.
The Pharmacy Practice Act.
The Home Medical Equipment and Services Provider
License Act.
The Marriage and Family Therapy Licensing Act.
The Nursing Home Administrators Licensing and
Disciplinary Act.

SB2248 - 2 - LRB098 10481 HLH 41025 b
The Physician Assistant Practice Act of 1987.
(b) The following Act is repealed on December 31, 2018:
The Medical Practice Act of 1987.
(Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07;
95-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff.
9-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689,
eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08;
96-328, eff. 8-11-09.)
(5 ILCS 80/4.23 rep.)
Section 10. The Regulatory Sunset Act is amended by
repealing Section 4.23.
Section 15. The State Finance Act is amended by adding
Section 8.52 as follows:
(30 ILCS 105/8.52 new)
Sec. 8.52. Fund transfers. Notwithstanding any other
provision of law, as soon as possible after the effective date
of this amendatory Act of the 98th General Assembly, the State
Comptroller shall order transferred and the State Treasurer
shall transfer from the Illinois Violence Prevention Special
Projects Fund (#318) to the Illinois State Medical Disciplinary
Fund an amount equal to the total available balance in the
Illinois Violence Prevention Special Projects Fund (#318) as of
the date of the transfer.

SB2248 - 3 - LRB098 10481 HLH 41025 b
Moneys transferred from the Illinois Violence Prevention
Special Projects Fund (#318) to the Illinois State Medical
Disciplinary Fund are not required to be repaid into the
Illinois Violence Prevention Special Projects Fund (#318), and
no interest may be charged on those moneys as a result of a
failure to reimburse the Illinois Violence Prevention Special
Projects Fund (#318).
Section 20. The Medical Practice Act of 1987 is amended by
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

SB2248 - 4 - LRB098 10481 HLH 41025 b
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
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

SB2248 - 5 - LRB098 10481 HLH 41025 b
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
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

SB2248 - 6 - LRB098 10481 HLH 41025 b
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
Department of Professional Regulation Law (20 ILCS
2105/2105-300).
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.

SB2248 - 7 - LRB098 10481 HLH 41025 b
(2) The fee for a license under Section 9 of this Act
is $300.
(3) The fee for a license under Section 19 of this Act
is $300.
(4) The fee for the renewal of a license for a resident
of Illinois shall be calculated at the rate of $167 $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 $167 $100. The fee for the
renewal of a license for a nonresident shall be calculated
at the rate of $334 $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 $334
$200.
(5) The fee for the restoration of a license other than
from inactive status, is $100. In addition, payment of all
lapsed renewal fees not to exceed $600 is required.
(6) The fee for a 3-year temporary license under
Section 17 is $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.

SB2248 - 8 - LRB098 10481 HLH 41025 b
(8) The fee to be paid for a license record for any
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

SB2248 - 9 - LRB098 10481 HLH 41025 b
license or certificate or deny the application, without
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 25. The Physician Assistant Practice Act of 1987 is
amended by changing Section 14.1 as follows:
(225 ILCS 95/14.1)
(Section scheduled to be repealed on January 1, 2018)
Sec. 14.1. Fees.
(a) Fees collected for the administration of this Act shall
be set by the Department by rule . All fees are not refundable.
(b) (Blank).
(c) All moneys collected under this Act by the Department
shall be deposited in the Illinois State Medical Disciplinary
Fund in the State Treasury and used (1) in the exercise of its
powers and performance of its duties under this Act, as such

SB2248 - 10 - LRB098 10481 HLH 41025 b
use is made by the Department; (2) for costs directly related
to license renewal of persons licensed under this Act; and (3)
for costs related to the public purposes of the Department.
All earnings received from investment of moneys in the
Illinois State Medical Disciplinary Fund shall be deposited
into the Illinois State Medical Disciplinary Fund and shall be
used for the same purposes as fees deposited in the Fund.
(d) Moneys in the Illinois State Medical Disciplinary Fund
are not subject to sweeps or administrative charges or
chargebacks.
(Source: P.A. 95-703, eff. 12-31-07.)
Section 99. Effective date. This Act takes effect upon
becoming law.