Bill Text: IL SB2537 | 2015-2016 | 99th General Assembly | Engrossed

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Bill Title: Amends the Regulatory Sunset Act. Extends the repeal of the Medical Practice Act of 1987 from December 31, 2016 to December 31, 2026. Amends the Medical Practice Act of 1987. Removes the requirement that the Department of Financial and Professional Regulation mail to each licensee a renewal notice at least 60 days in advance of the expiration of his or her license. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Engrossed - Dead) 2017-01-01 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB2537 Detail]

Download: Illinois-2015-SB2537-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 Regulatory Sunset Act is amended by adding
Section 4.36a as follows:
(5 ILCS 80/4.36a new)
Sec. 4.36a. Act repealed on December 31, 2026. The
following Act is repealed on December 31, 2026:
The Medical Practice Act of 1987.
(5 ILCS 80/4.26a rep.)
Section 10. The Regulatory Sunset Act is amended by
repealing Section 4.26a.
Section 15. 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(Section scheduled to be repealed on December 31, 2016)
Sec. 21. License renewal; reinstatement; 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

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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 attempt to provide through electronic
means 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 the Department has attempted to
provide such notice has been mailed by the Department as herein
provided.
(B) Reinstatement. 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 reinstated by
making application to the Department and filing proof
acceptable to the Department of his or her fitness to have the
license reinstated, 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
reinstatement fee.
If the licensee has not maintained an active practice in
another jurisdiction satisfactory to the Department, the

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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 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.

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Any licensee requesting reinstatement 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 reinstate 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
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 $1,100,000 from the Illinois
State Medical Disciplinary Fund to the Local Government Tax

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Fund on each of the following dates: July 1, 2014, October 1,
2014, January 1, 2015, July 1, 2017, October 1, 2017, and
January 1, 2018. 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) Before July 1, 2018, the fee for a license under
Section 9 of this Act is $700. Beginning on July 1, 2018,
the fee for a license under Section 9 of this Act is $500.
(3) Before July 1, 2018, the fee for a license under
Section 19 of this Act is $700. Beginning on July 1, 2018,
the fee for a license under Section 19 of this Act is $500.

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(4) Before July 1, 2018, the fee for the renewal of a
license for a resident of Illinois shall be calculated at
the rate of $230 per year, and beginning on July 1, 2018,
the fee for the renewal of a license shall be $167, except
for licensees who were issued a license within 12 months of
the expiration date of the license, before July 1, 2018,
the fee for the renewal shall be $230, and beginning on
July 1, 2018 that fee will be $167. Before July 1, 2018,
the fee for the renewal of a license for a nonresident
shall be calculated at the rate of $460 per year, and
beginning on July 1, 2018, the fee for the renewal of a
license for a nonresident shall be $250, except for
licensees who were issued a license within 12 months of the
expiration date of the license, before July 1, 2018, the
fee for the renewal shall be $460, and beginning on July 1,
2018 that fee will be $250.
(5) The fee for the reinstatement of a license other
than from inactive status, is $230. In addition, payment of
all lapsed renewal fees not to exceed $1,400 is required.
(6) The fee for a 3-year temporary license under
Section 17 is $230.
(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

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address changes on Department records when no duplicate
license is issued.
(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

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notification, the person has failed to submit the necessary
remittance, the Department shall automatically terminate the
license or permit or deny the application, without hearing. If,
after termination or denial, the person seeks a license or
permit, he or she shall apply to the Department for
reinstatement or issuance of the license or permit and pay all
fees and fines due to the Department. The Department may
establish a fee for the processing of an application for
reinstatement of a license or permit 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; 98-3, eff. 3-8-13;
98-1140, eff. 12-30-14.)
Section 99. Effective date. This Act takes effect upon
becoming law.