Bill Text: IL SB2853 | 2017-2018 | 100th General Assembly | Engrossed

Bill Title: Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Requires the Department of Financial and Professional Regulation to make available on its website general information on how the Department uses criminal history information in its decisions on licensure applications, including a list of enumerated offenses that bar licensure (rather than requiring the Department to have rules on how a person with criminal history would apply for a non-binding, advisory opinion from the Department as to whether his or her criminal history would bar licensure). Effective immediately.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed) 2018-05-16 - Placed on Calendar Order of 3rd Reading - Short Debate [SB2853 Detail]

Download: Illinois-2017-SB2853-Engrossed.html

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1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Department of Professional Regulation Law of
5the Civil Administrative Code of Illinois is amended by
6changing Section 2105-15 as follows:
7 (20 ILCS 2105/2105-15)
8 Sec. 2105-15. General powers and duties.
9 (a) The Department has, subject to the provisions of the
10Civil Administrative Code of Illinois, the following powers and
12 (1) To authorize examinations in English to ascertain
13 the qualifications and fitness of applicants to exercise
14 the profession, trade, or occupation for which the
15 examination is held.
16 (2) To prescribe rules and regulations for a fair and
17 wholly impartial method of examination of candidates to
18 exercise the respective professions, trades, or
19 occupations.
20 (3) To pass upon the qualifications of applicants for
21 licenses, certificates, and authorities, whether by
22 examination, by reciprocity, or by endorsement.
23 (4) To prescribe rules and regulations defining, for

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1 the respective professions, trades, and occupations, what
2 shall constitute a school, college, or university, or
3 department of a university, or other institution,
4 reputable and in good standing, and to determine the
5 reputability and good standing of a school, college, or
6 university, or department of a university, or other
7 institution, reputable and in good standing, by reference
8 to a compliance with those rules and regulations; provided,
9 that no school, college, or university, or department of a
10 university, or other institution that refuses admittance
11 to applicants solely on account of race, color, creed, sex,
12 sexual orientation, or national origin shall be considered
13 reputable and in good standing.
14 (5) To conduct hearings on proceedings to revoke,
15 suspend, refuse to renew, place on probationary status, or
16 take other disciplinary action as authorized in any
17 licensing Act administered by the Department with regard to
18 licenses, certificates, or authorities of persons
19 exercising the respective professions, trades, or
20 occupations and to revoke, suspend, refuse to renew, place
21 on probationary status, or take other disciplinary action
22 as authorized in any licensing Act administered by the
23 Department with regard to those licenses, certificates, or
24 authorities.
25 The Department shall issue a monthly disciplinary
26 report.

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1 The Department shall deny any license or renewal
2 authorized by the Civil Administrative Code of Illinois to
3 any person who has defaulted on an educational loan or
4 scholarship provided by or guaranteed by the Illinois
5 Student Assistance Commission or any governmental agency
6 of this State; however, the Department may issue a license
7 or renewal if the aforementioned persons have established a
8 satisfactory repayment record as determined by the
9 Illinois Student Assistance Commission or other
10 appropriate governmental agency of this State.
11 Additionally, beginning June 1, 1996, any license issued by
12 the Department may be suspended or revoked if the
13 Department, after the opportunity for a hearing under the
14 appropriate licensing Act, finds that the licensee has
15 failed to make satisfactory repayment to the Illinois
16 Student Assistance Commission for a delinquent or
17 defaulted loan. For the purposes of this Section,
18 "satisfactory repayment record" shall be defined by rule.
19 The Department shall refuse to issue or renew a license
20 to, or shall suspend or revoke a license of, any person
21 who, after receiving notice, fails to comply with a
22 subpoena or warrant relating to a paternity or child
23 support proceeding. However, the Department may issue a
24 license or renewal upon compliance with the subpoena or
25 warrant.
26 The Department, without further process or hearings,

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1 shall revoke, suspend, or deny any license or renewal
2 authorized by the Civil Administrative Code of Illinois to
3 a person who is certified by the Department of Healthcare
4 and Family Services (formerly Illinois Department of
5 Public Aid) as being more than 30 days delinquent in
6 complying with a child support order or who is certified by
7 a court as being in violation of the Non-Support Punishment
8 Act for more than 60 days. The Department may, however,
9 issue a license or renewal if the person has established a
10 satisfactory repayment record as determined by the
11 Department of Healthcare and Family Services (formerly
12 Illinois Department of Public Aid) or if the person is
13 determined by the court to be in compliance with the
14 Non-Support Punishment Act. The Department may implement
15 this paragraph as added by Public Act 89-6 through the use
16 of emergency rules in accordance with Section 5-45 of the
17 Illinois Administrative Procedure Act. For purposes of the
18 Illinois Administrative Procedure Act, the adoption of
19 rules to implement this paragraph shall be considered an
20 emergency and necessary for the public interest, safety,
21 and welfare.
22 (6) To transfer jurisdiction of any realty under the
23 control of the Department to any other department of the
24 State Government or to acquire or accept federal lands when
25 the transfer, acquisition, or acceptance is advantageous
26 to the State and is approved in writing by the Governor.

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1 (7) To formulate rules and regulations necessary for
2 the enforcement of any Act administered by the Department.
3 (8) To exchange with the Department of Healthcare and
4 Family Services information that may be necessary for the
5 enforcement of child support orders entered pursuant to the
6 Illinois Public Aid Code, the Illinois Marriage and
7 Dissolution of Marriage Act, the Non-Support of Spouse and
8 Children Act, the Non-Support Punishment Act, the Revised
9 Uniform Reciprocal Enforcement of Support Act, the Uniform
10 Interstate Family Support Act, the Illinois Parentage Act
11 of 1984, or the Illinois Parentage Act of 2015.
12 Notwithstanding any provisions in this Code to the
13 contrary, the Department of Professional Regulation shall
14 not be liable under any federal or State law to any person
15 for any disclosure of information to the Department of
16 Healthcare and Family Services (formerly Illinois
17 Department of Public Aid) under this paragraph (8) or for
18 any other action taken in good faith to comply with the
19 requirements of this paragraph (8).
20 (8.5) To accept continuing education credit for
21 mandated reporter training on how to recognize and report
22 child abuse offered by the Department of Children and
23 Family Services and completed by any person who holds a
24 professional license issued by the Department and who is a
25 mandated reporter under the Abused and Neglected Child
26 Reporting Act. The Department shall adopt any rules

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1 necessary to implement this paragraph.
2 (9) To perform other duties prescribed by law.
3 (a-5) Except in cases involving default on an educational
4loan or scholarship provided by or guaranteed by the Illinois
5Student Assistance Commission or any governmental agency of
6this State or in cases involving delinquency in complying with
7a child support order or violation of the Non-Support
8Punishment Act and notwithstanding anything that may appear in
9any individual licensing Act or administrative rule, no person
10or entity whose license, certificate, or authority has been
11revoked as authorized in any licensing Act administered by the
12Department may apply for restoration of that license,
13certification, or authority until 3 years after the effective
14date of the revocation.
15 (b) (Blank).
16 (c) For the purpose of securing and preparing evidence, and
17for the purchase of controlled substances, professional
18services, and equipment necessary for enforcement activities,
19recoupment of investigative costs, and other activities
20directed at suppressing the misuse and abuse of controlled
21substances, including those activities set forth in Sections
22504 and 508 of the Illinois Controlled Substances Act, the
23Director and agents appointed and authorized by the Director
24may expend sums from the Professional Regulation Evidence Fund
25that the Director deems necessary from the amounts appropriated
26for that purpose. Those sums may be advanced to the agent when

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1the Director deems that procedure to be in the public interest.
2Sums for the purchase of controlled substances, professional
3services, and equipment necessary for enforcement activities
4and other activities as set forth in this Section shall be
5advanced to the agent who is to make the purchase from the
6Professional Regulation Evidence Fund on vouchers signed by the
7Director. The Director and those agents are authorized to
8maintain one or more commercial checking accounts with any
9State banking corporation or corporations organized under or
10subject to the Illinois Banking Act for the deposit and
11withdrawal of moneys to be used for the purposes set forth in
12this Section; provided, that no check may be written nor any
13withdrawal made from any such account except upon the written
14signatures of 2 persons designated by the Director to write
15those checks and make those withdrawals. Vouchers for those
16expenditures must be signed by the Director. All such
17expenditures shall be audited by the Director, and the audit
18shall be submitted to the Department of Central Management
19Services for approval.
20 (d) Whenever the Department is authorized or required by
21law to consider some aspect of criminal history record
22information for the purpose of carrying out its statutory
23powers and responsibilities, then, upon request and payment of
24fees in conformance with the requirements of Section 2605-400
25of the Department of State Police Law (20 ILCS 2605/2605-400),
26the Department of State Police is authorized to furnish,

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1pursuant to positive identification, the information contained
2in State files that is necessary to fulfill the request.
3 (e) The provisions of this Section do not apply to private
4business and vocational schools as defined by Section 15 of the
5Private Business and Vocational Schools Act of 2012.
6 (f) (Blank).
7 (g) Notwithstanding anything that may appear in any
8individual licensing statute or administrative rule, the
9Department shall deny any license application or renewal
10authorized under any licensing Act administered by the
11Department to any person who has failed to file a return, or to
12pay the tax, penalty, or interest shown in a filed return, or
13to pay any final assessment of tax, penalty, or interest, as
14required by any tax Act administered by the Illinois Department
15of Revenue, until such time as the requirement of any such tax
16Act are satisfied; however, the Department may issue a license
17or renewal if the person has established a satisfactory
18repayment record as determined by the Illinois Department of
19Revenue. For the purpose of this Section, "satisfactory
20repayment record" shall be defined by rule.
21 In addition, a complaint filed with the Department by the
22Illinois Department of Revenue that includes a certification,
23signed by its Director or designee, attesting to the amount of
24the unpaid tax liability or the years for which a return was
25not filed, or both, is prima facie evidence of the licensee's
26failure to comply with the tax laws administered by the

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1Illinois Department of Revenue. Upon receipt of that
2certification, the Department shall, without a hearing,
3immediately suspend all licenses held by the licensee.
4Enforcement of the Department's order shall be stayed for 60
5days. The Department shall provide notice of the suspension to
6the licensee by mailing a copy of the Department's order to the
7licensee's address of record or emailing a copy of the order to
8the licensee's email address of record. The notice shall advise
9the licensee that the suspension shall be effective 60 days
10after the issuance of the Department's order unless the
11Department receives, from the licensee, a request for a hearing
12before the Department to dispute the matters contained in the
14 Any suspension imposed under this subsection (g) shall be
15terminated by the Department upon notification from the
16Illinois Department of Revenue that the licensee is in
17compliance with all tax laws administered by the Illinois
18Department of Revenue.
19 The Department may promulgate rules for the administration
20of this subsection (g).
21 (h) The Department may grant the title "Retired", to be
22used immediately adjacent to the title of a profession
23regulated by the Department, to eligible retirees. For
24individuals licensed under the Medical Practice Act of 1987,
25the title "Retired" may be used in the profile required by the
26Patients' Right to Know Act. The use of the title "Retired"

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1shall not constitute representation of current licensure,
2registration, or certification. Any person without an active
3license, registration, or certificate in a profession that
4requires licensure, registration, or certification shall not
5be permitted to practice that profession.
6 (i) The Department shall make available on its website
7general information explaining how the Department utilizes
8criminal history information in making licensure application
9decisions, including a list of enumerated offenses that serve
10as a statutory bar to licensure. Within 180 days after December
1123, 2009 (the effective date of Public Act 96-852), the
12Department shall promulgate rules which permit a person with a
13criminal record, who seeks a license or certificate in an
14occupation for which a criminal record is not expressly a per
15se bar, to apply to the Department for a non-binding, advisory
16opinion to be provided by the Board or body with the authority
17to issue the license or certificate as to whether his or her
18criminal record would bar the individual from the licensure or
19certification sought, should the individual meet all other
20licensure requirements including, but not limited to, the
21successful completion of the relevant examinations.
22(Source: P.A. 99-85, eff. 1-1-16; 99-227, eff. 8-3-15; 99-330,
23eff. 8-10-15; 99-642, eff. 7-28-16; 99-933, eff. 1-27-17;
24100-262, eff. 8-22-17; revised 10-4-17.)
25 Section 99. Effective date. This Act takes effect upon
26becoming law.