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Public Act 100-0262


 

Public Act 0262 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0262
 
HB2408 EnrolledLRB100 05775 SMS 15798 b

    AN ACT concerning regulation.
 
    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
changing Sections 2105-5, 2105-15, 2105-100, 2105-115,
2105-120, 2105-125, 2105-165, 2105-170, and 2105-207 and by
adding Section 2105-7 as follows:
 
    (20 ILCS 2105/2105-5)  (was 20 ILCS 2105/60b)
    Sec. 2105-5. Definitions. In this Law:
    "Address of record" means the designated address recorded
by the Department in the applicant's application file or the
licensee's license file, as maintained by the Department's
licensure maintenance unit. An address of record must be a
street address, not a post office box or any other similar
location.
    "Applicant" means an applicant for a license,
certification, registration, permit, or other authority issued
or conferred by the Department by virtue or authority of which
the licensee has or claims the right to engage in a profession,
trade, occupation, or operation of which the Department has
jurisdiction.
    "Department" means the Division of Professional Regulation
of the Department of Financial and Professional Regulation. Any
reference in this Article to the "Department of Professional
Regulation" shall be deemed to mean the "Division of
Professional Regulation of the Department of Financial and
Professional Regulation".
    "Director" means the Director of Professional Regulation.
    "Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the licensee's license file, as maintained
by the Department's licensure maintenance unit.
    "Board" means the board of persons designated for a
profession, trade, or occupation under the provisions of any
Act now or hereafter in force whereby the jurisdiction of that
profession, trade, or occupation is devolved on the Department.
    "License" "Certificate" means a license, certificate of
registration, certification, permit, or other authority
purporting to be issued or conferred by the Department by
virtue or authority of which the licensee registrant has or
claims the right to engage in a profession, trade, occupation,
or operation of which the Department has jurisdiction.
    "Licensee" "Registrant" means a person who holds or claims
to hold a license certificate. An unlicensed person or entity
that holds himself, herself, or itself out as a licensee or
engages in a licensed activity shall be deemed to be a licensee
for the purposes of investigation or disciplinary action.
    "Retiree" means a person who has been duly licensed,
registered, or certified in a profession regulated by the
Department and who chooses to relinquish or not renew his or
her license, registration, or certification.
(Source: P.A. 99-227, eff. 8-3-15.)
 
    (20 ILCS 2105/2105-7 new)
    Sec. 2105-7. Address of record; email address of record.
The Department shall require all applicants and licensees:
        (1) to provide a valid address and email address to the
    Department, which shall serve as the address of record and
    email address of record, respectively, at the time of
    application for licensure or renewal of a license; and
        (2) to inform the Department of any change of address
    of record or email address of record within 14 days after
    such change either through the Department's website or by
    contacting the Department's licensure maintenance unit.
 
    (20 ILCS 2105/2105-15)
    Sec. 2105-15. General powers and duties.
    (a) The Department has, subject to the provisions of the
Civil Administrative Code of Illinois, the following powers and
duties:
        (1) To authorize examinations in English to ascertain
    the qualifications and fitness of applicants to exercise
    the profession, trade, or occupation for which the
    examination is held.
        (2) To prescribe rules and regulations for a fair and
    wholly impartial method of examination of candidates to
    exercise the respective professions, trades, or
    occupations.
        (3) To pass upon the qualifications of applicants for
    licenses, certificates, and authorities, whether by
    examination, by reciprocity, or by endorsement.
        (4) To prescribe rules and regulations defining, for
    the respective professions, trades, and occupations, what
    shall constitute a school, college, or university, or
    department of a university, or other institution,
    reputable and in good standing, and to determine the
    reputability and good standing of a school, college, or
    university, or department of a university, or other
    institution, reputable and in good standing, by reference
    to a compliance with those rules and regulations; provided,
    that no school, college, or university, or department of a
    university, or other institution that refuses admittance
    to applicants solely on account of race, color, creed, sex,
    sexual orientation, or national origin shall be considered
    reputable and in good standing.
        (5) To conduct hearings on proceedings to revoke,
    suspend, refuse to renew, place on probationary status, or
    take other disciplinary action as authorized in any
    licensing Act administered by the Department with regard to
    licenses, certificates, or authorities of persons
    exercising the respective professions, trades, or
    occupations and to revoke, suspend, refuse to renew, place
    on probationary status, or take other disciplinary action
    as authorized in any licensing Act administered by the
    Department with regard to those licenses, certificates, or
    authorities.
        The Department shall issue a monthly disciplinary
    report.
        The Department shall deny any license or renewal
    authorized by the Civil Administrative Code of Illinois to
    any person who has defaulted on an educational loan or
    scholarship provided by or guaranteed by the Illinois
    Student Assistance Commission or any governmental agency
    of this State; however, the Department may issue a license
    or renewal if the aforementioned persons have established a
    satisfactory repayment record as determined by the
    Illinois Student Assistance Commission or other
    appropriate governmental agency of this State.
    Additionally, beginning June 1, 1996, any license issued by
    the Department may be suspended or revoked if the
    Department, after the opportunity for a hearing under the
    appropriate licensing Act, finds that the licensee has
    failed to make satisfactory repayment to the Illinois
    Student Assistance Commission for a delinquent or
    defaulted loan. For the purposes of this Section,
    "satisfactory repayment record" shall be defined by rule.
        The Department shall refuse to issue or renew a license
    to, or shall suspend or revoke a license of, any person
    who, after receiving notice, fails to comply with a
    subpoena or warrant relating to a paternity or child
    support proceeding. However, the Department may issue a
    license or renewal upon compliance with the subpoena or
    warrant.
        The Department, without further process or hearings,
    shall revoke, suspend, or deny any license or renewal
    authorized by the Civil Administrative Code of Illinois to
    a person who is certified by the Department of Healthcare
    and Family Services (formerly Illinois Department of
    Public Aid) as being more than 30 days delinquent in
    complying with a child support order or who is certified by
    a court as being in violation of the Non-Support Punishment
    Act for more than 60 days. The Department may, however,
    issue a license or renewal if the person has established a
    satisfactory repayment record as determined by the
    Department of Healthcare and Family Services (formerly
    Illinois Department of Public Aid) or if the person is
    determined by the court to be in compliance with the
    Non-Support Punishment Act. The Department may implement
    this paragraph as added by Public Act 89-6 through the use
    of emergency rules in accordance with Section 5-45 of the
    Illinois Administrative Procedure Act. For purposes of the
    Illinois Administrative Procedure Act, the adoption of
    rules to implement this paragraph shall be considered an
    emergency and necessary for the public interest, safety,
    and welfare.
        (6) To transfer jurisdiction of any realty under the
    control of the Department to any other department of the
    State Government or to acquire or accept federal lands when
    the transfer, acquisition, or acceptance is advantageous
    to the State and is approved in writing by the Governor.
        (7) To formulate rules and regulations necessary for
    the enforcement of any Act administered by the Department.
        (8) To exchange with the Department of Healthcare and
    Family Services information that may be necessary for the
    enforcement of child support orders entered pursuant to the
    Illinois Public Aid Code, the Illinois Marriage and
    Dissolution of Marriage Act, the Non-Support of Spouse and
    Children Act, the Non-Support Punishment Act, the Revised
    Uniform Reciprocal Enforcement of Support Act, the Uniform
    Interstate Family Support Act, the Illinois Parentage Act
    of 1984, or the Illinois Parentage Act of 2015.
    Notwithstanding any provisions in this Code to the
    contrary, the Department of Professional Regulation shall
    not be liable under any federal or State law to any person
    for any disclosure of information to the Department of
    Healthcare and Family Services (formerly Illinois
    Department of Public Aid) under this paragraph (8) or for
    any other action taken in good faith to comply with the
    requirements of this paragraph (8).
        (8.5) To accept continuing education credit for
    mandated reporter training on how to recognize and report
    child abuse offered by the Department of Children and
    Family Services and completed by any person who holds a
    professional license issued by the Department and who is a
    mandated reporter under the Abused and Neglected Child
    Reporting Act. The Department shall adopt any rules
    necessary to implement this paragraph.
        (9) To perform other duties prescribed by law.
    (a-5) Except in cases involving default on an educational
loan or scholarship provided by or guaranteed by the Illinois
Student Assistance Commission or any governmental agency of
this State or in cases involving delinquency in complying with
a child support order or violation of the Non-Support
Punishment Act and notwithstanding anything that may appear in
any individual licensing Act or administrative rule, no person
or entity whose license, certificate, or authority has been
revoked as authorized in any licensing Act administered by the
Department may apply for restoration of that license,
certification, or authority until 3 years after the effective
date of the revocation.
    (b) The Department may, when a fee is payable to the
Department for a wall certificate of registration provided by
the Department of Central Management Services, require that
portion of the payment for printing and distribution costs be
made directly or through the Department to the Department of
Central Management Services for deposit into the Paper and
Printing Revolving Fund. The remainder shall be deposited into
the General Revenue Fund.
    (c) For the purpose of securing and preparing evidence, and
for the purchase of controlled substances, professional
services, and equipment necessary for enforcement activities,
recoupment of investigative costs, and other activities
directed at suppressing the misuse and abuse of controlled
substances, including those activities set forth in Sections
504 and 508 of the Illinois Controlled Substances Act, the
Director and agents appointed and authorized by the Director
may expend sums from the Professional Regulation Evidence Fund
that the Director deems necessary from the amounts appropriated
for that purpose. Those sums may be advanced to the agent when
the Director deems that procedure to be in the public interest.
Sums for the purchase of controlled substances, professional
services, and equipment necessary for enforcement activities
and other activities as set forth in this Section shall be
advanced to the agent who is to make the purchase from the
Professional Regulation Evidence Fund on vouchers signed by the
Director. The Director and those agents are authorized to
maintain one or more commercial checking accounts with any
State banking corporation or corporations organized under or
subject to the Illinois Banking Act for the deposit and
withdrawal of moneys to be used for the purposes set forth in
this Section; provided, that no check may be written nor any
withdrawal made from any such account except upon the written
signatures of 2 persons designated by the Director to write
those checks and make those withdrawals. Vouchers for those
expenditures must be signed by the Director. All such
expenditures shall be audited by the Director, and the audit
shall be submitted to the Department of Central Management
Services for approval.
    (d) Whenever the Department is authorized or required by
law to consider some aspect of criminal history record
information for the purpose of carrying out its statutory
powers and responsibilities, then, upon request and payment of
fees in conformance with the requirements of Section 2605-400
of the Department of State Police Law (20 ILCS 2605/2605-400),
the Department of State Police is authorized to furnish,
pursuant to positive identification, the information contained
in State files that is necessary to fulfill the request.
    (e) The provisions of this Section do not apply to private
business and vocational schools as defined by Section 15 of the
Private Business and Vocational Schools Act of 2012.
    (f) (Blank).
    (g) Notwithstanding anything that may appear in any
individual licensing statute or administrative rule, the
Department shall deny any license application or renewal
authorized under any licensing Act administered by the
Department to any person who has failed to file a return, or to
pay the tax, penalty, or interest shown in a filed return, or
to pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Illinois Department
of Revenue, until such time as the requirement of any such tax
Act are satisfied; however, the Department may issue a license
or renewal if the person has established a satisfactory
repayment record as determined by the Illinois Department of
Revenue. For the purpose of this Section, "satisfactory
repayment record" shall be defined by rule.
    In addition, a complaint filed with the Department by the
Illinois Department of Revenue that includes a certification,
signed by its Director or designee, attesting to the amount of
the unpaid tax liability or the years for which a return was
not filed, or both, is prima facie evidence of the licensee's
failure to comply with the tax laws administered by the
Illinois Department of Revenue. Upon receipt of that
certification, the Department shall, without a hearing,
immediately suspend all licenses held by the licensee.
Enforcement of the Department's order shall be stayed for 60
days. The Department shall provide notice of the suspension to
the licensee by mailing a copy of the Department's order by
certified and regular mail to the licensee's last known address
of record or emailing a copy of the order to the licensee's
email address of record as registered with the Department. The
notice shall advise the licensee that the suspension shall be
effective 60 days after the issuance of the Department's order
unless the Department receives, from the licensee, a request
for a hearing before the Department to dispute the matters
contained in the order.
    Any suspension imposed under this subsection (g) shall be
terminated by the Department upon notification from the
Illinois Department of Revenue that the licensee is in
compliance with all tax laws administered by the Illinois
Department of Revenue.
    The Department may promulgate rules for the administration
of this subsection (g).
    (h) The Department may grant the title "Retired", to be
used immediately adjacent to the title of a profession
regulated by the Department, to eligible retirees. For
individuals licensed under the Medical Practice Act of 1987,
the title "Retired" may be used in the profile required by the
Patients' Right to Know Act. The use of the title "Retired"
shall not constitute representation of current licensure,
registration, or certification. Any person without an active
license, registration, or certificate in a profession that
requires licensure, registration, or certification shall not
be permitted to practice that profession.
    (i) Within 180 days after December 23, 2009 (the effective
date of Public Act 96-852), the Department shall promulgate
rules which permit a person with a criminal record, who seeks a
license or certificate in an occupation for which a criminal
record is not expressly a per se bar, to apply to the
Department for a non-binding, advisory opinion to be provided
by the Board or body with the authority to issue the license or
certificate as to whether his or her criminal record would bar
the individual from the licensure or certification sought,
should the individual meet all other licensure requirements
including, but not limited to, the successful completion of the
relevant examinations.
(Source: P.A. 98-756, eff. 7-16-14; 98-850, eff. 1-1-15; 99-85,
eff. 1-1-16; 99-227, eff. 8-3-15; 99-330, eff. 8-10-15; 99-642,
eff. 7-28-16.)
 
    (20 ILCS 2105/2105-100)  (was 20 ILCS 2105/60c)
    Sec. 2105-100. Disciplinary action with respect to
licenses certificates; notice; hearing.
    (a) Licenses Certificates may be revoked, suspended,
placed on probationary status, reprimanded, fined, or have
other disciplinary action taken with regard to them as
authorized in any licensing Act administered by the Department
in the manner provided by the Civil Administrative Code of
Illinois and not otherwise.
    (b) The Department may upon its own motion and shall upon
the verified complaint in writing of any person, provided the
complaint or the complaint together with evidence, documentary
or otherwise, presented in connection with the complaint makes
a prima facie case, investigate the actions of any person
holding or claiming to hold a license certificate.
    (c) Before suspending, revoking, placing on probationary
status, reprimanding, fining, or taking any other disciplinary
action that may be authorized in any licensing Act administered
by the Department with regard to any license certificate, the
Department shall issue a notice informing the licensee or
applicant registrant of the time and place when and where a
hearing of the charges shall be had. The notice shall contain a
statement of the charges or shall be accompanied by a copy of
the written complaint if such complaint shall have been filed.
The notice shall be served on the licensee or applicant
registrant at least 10 days prior to the date set in the notice
for the hearing, either by delivery of the notice personally to
the licensee or applicant registrant or by mailing the notice
by registered mail to the licensee's or applicant's
registrant's address of record; provided that in any case where
the licensee or applicant registrant is now or may hereafter be
required by law to maintain a place of business in this State
and to notify the Department of the location of that place of
business, the notice may be served by mailing it by registered
mail to the licensee or applicant registrant at the place of
business last described by the licensee or applicant registrant
in the notification to the Department. Notwithstanding any
provision in any individual licensing statute or
administrative rule, the notice may be served by email
transmission to the licensee's or applicant's email address of
record.
    (d) At the time and place fixed in the notice, the
Department shall proceed to a hearing of the charges. The
licensee or applicant Both the registrant and the complainant
shall be accorded ample opportunity to present, in person or by
counsel, any statements, testimony, evidence, and argument
that may be pertinent to the charges or to any defense to the
charges. The Department may continue the hearing from time to
time.
(Source: P.A. 99-227, eff. 8-3-15.)
 
    (20 ILCS 2105/2105-115)  (was 20 ILCS 2105/60f)
    Sec. 2105-115. Certified shorthand reporter; transcript.
The Department, at its expense, shall provide a certified
shorthand reporter to take down the testimony and preserve a
record of all proceedings at the hearing of any case in which a
license certificate may be revoked, suspended, placed on
probationary status, reprimanded, fined, or subjected to other
disciplinary action with reference to the license certificate
when a disciplinary action is authorized in any licensing Act
administered by the Department. The notice, complaint, and all
other documents in the nature of pleadings and written motions
filed in the proceedings, the transcript of testimony, the
report of the board, and the orders of the Department shall be
the record of the proceedings. The Department shall furnish the
record to any person interested in the hearing upon payment
therefor of $1 per page. The Department may contract for court
reporting services, and, in the event it does so, the
Department shall provide the name and contact information for
the certified shorthand reporter who transcribed the testimony
at a hearing to any person interested, who may obtain a copy of
the transcript of any proceedings at a hearing upon payment of
the fee specified by the certified shorthand reporter. This
charge is in addition to any fee charged by the Department for
certifying the record.
(Source: P.A. 99-227, eff. 8-3-15.)
 
    (20 ILCS 2105/2105-120)  (was 20 ILCS 2105/60g)
    Sec. 2105-120. Board's report; licensee's or applicant's
registrant's motion for rehearing.
    (a) The board shall present to the Director its written
report of its findings and recommendations. A copy of the
report shall be served upon the licensee or applicant
registrant, either personally or by registered mail or email as
provided in Section 2105-100 for the service of the notice.
    (b) Within 20 days after the service required under
subsection (a), the licensee or applicant registrant may
present to the Department a motion in writing for a rehearing.
The written motion shall specify the particular grounds for a
rehearing. If the licensee or applicant registrant orders and
pays for a transcript of the record as provided in Section
2105-115, the time elapsing thereafter and before the
transcript is ready for delivery to the licensee or applicant
registrant shall not be counted as part of the 20 days.
(Source: P.A. 99-227, eff. 8-3-15.)
 
    (20 ILCS 2105/2105-125)  (was 20 ILCS 2105/60h)
    Sec. 2105-125. Restoration of license certificate. At any
time after the successful completion of any term of suspension,
revocation, placement on probationary status, or other
disciplinary action taken by the Department with reference to
any license certificate, including payment of any fine, the
Department may restore it to the licensee registrant without
examination, upon the written recommendation of the
appropriate board.
(Source: P.A. 99-227, eff. 8-3-15.)
 
    (20 ILCS 2105/2105-165)
    Sec. 2105-165. Health care worker licensure actions; sex
crimes.
    (a) When a licensed health care worker, as defined in the
Health Care Worker Self-Referral Act, (1) has been convicted of
a criminal act that requires registration under the Sex
Offender Registration Act; (1.5) has been convicted of
involuntary sexual servitude of a minor under subsection (c) of
Section 10-9 or subsection (b) of Section 10A-10 of the
Criminal Code of 1961 or the Criminal Code of 2012; (2) has
been convicted of a criminal battery against any patient in the
course of patient care or treatment, including any offense
based on sexual conduct or sexual penetration; (3) has been
convicted of a forcible felony; or (4) is required as a part of
a criminal sentence to register under the Sex Offender
Registration Act, then, notwithstanding any other provision of
law to the contrary, except as provided in this Section, the
license of the health care worker shall by operation of law be
permanently revoked without a hearing.
    (a-1) If a licensed health care worker has been convicted
of a forcible felony, other than a forcible felony requiring
registration under the Sex Offender Registration Act, or
involuntary sexual servitude of a minor that is a forcible
felony, or a criminal battery against any patient in the course
of patient care or treatment, is not required to register as a
sex offender, and the health care worker has had his or her
license revoked pursuant to item (3) of subsection (a) of this
Section, then the health care worker may petition the
Department to restore his or her license if more than 5 years
have passed since the conviction or more than 3 years have
passed since the health care worker's release from confinement
for that conviction, whichever is later. In determining whether
a license shall be restored, the Department shall consider, but
is not limited to, the following factors:
        (1) the seriousness of the offense;
        (2) the presence of multiple offenses;
        (3) prior disciplinary history, including, but not
    limited to, actions taken by other agencies in this State
    or by other states or jurisdictions, hospitals, health care
    facilities, residency programs, employers, insurance
    providers, or any of the armed forces of the United States
    or any state;
        (4) the impact of the offense on any injured party;
        (5) the vulnerability of any injured party, including,
    but not limited to, consideration of the injured party's
    age, disability, or mental illness;
        (6) the motive for the offense;
        (7) the lack of contrition for the offense;
        (8) the lack of cooperation with the Department or
    other investigative authorities;
        (9) the lack of prior disciplinary action, including,
    but not limited to, action by the Department or by other
    agencies in this State or by other states or jurisdictions,
    hospitals, health care facilities, residency programs,
    employers, insurance providers, or any of the armed forces
    of the United States or any state;
        (10) contrition for the offense;
        (11) cooperation with the Department or other
    investigative authorities;
        (12) restitution to injured parties;
        (13) whether the misconduct was self-reported;
        (14) any voluntary remedial actions taken or other
    evidence of rehabilitation; and
        (15) the date of conviction.
    (b) No person who has been convicted of any offense listed
in subsection (a) or required to register as a sex offender may
receive a license as a health care worker in Illinois. The
process for petition and review by the Department provided in
subsection (a-1) shall also apply to a person whose application
for licensure is denied pursuant to item (3) of subsection (a)
of under this Section for a conviction of a forcible felony,
other than a forcible felony requiring registration under the
Sex Offender Registration Act, or involuntary sexual servitude
of a minor that is a forcible felony, or a criminal battery
against any patient in the course of patient care or treatment,
who is not required to register as a sex offender.
    (c) Immediately after a licensed health care worker, as
defined in the Health Care Worker Self-Referral Act, has been
charged with any offense for which the sentence includes
registration as a sex offender; involuntary sexual servitude of
a minor; a criminal battery against a patient, including any
offense based on sexual conduct or sexual penetration, in the
course of patient care or treatment; or a forcible felony; then
the prosecuting attorney shall provide notice to the Department
of the health care worker's name, address, practice address,
and license number and the patient's name and a copy of the
criminal charges filed. Within 5 business days after receiving
notice from the prosecuting attorney of the filing of criminal
charges against the health care worker, the Secretary shall
issue an administrative order that the health care worker shall
immediately practice only with a chaperone during all patient
encounters pending the outcome of the criminal proceedings. The
chaperone must be a licensed health care worker. The chaperone
shall provide written notice to all of the health care worker's
patients explaining the Department's order to use a chaperone.
Each patient shall sign an acknowledgement that they received
the notice. The notice to the patient of criminal charges shall
include, in 14-point font, the following statement: "The health
care worker is presumed innocent until proven guilty of the
charges.". The licensed health care worker shall provide a
written plan of compliance with the administrative order that
is acceptable to the Department within 5 days after receipt of
the administrative order. Failure to comply with the
administrative order, failure to file a compliance plan, or
failure to follow the compliance plan shall subject the health
care worker to temporary suspension of his or her professional
license until the completion of the criminal proceedings.
    (d) Nothing contained in this Section shall act in any way
to waive or modify the confidentiality of information provided
by the prosecuting attorney to the extent provided by law. Any
information reported or disclosed shall be kept for the
confidential use of the Secretary, Department attorneys, the
investigative staff, and authorized clerical staff and shall be
afforded the same status as is provided information under Part
21 of Article VIII of the Code of Civil Procedure, except that
the Department may disclose information and documents to (1) a
federal, State, or local law enforcement agency pursuant to a
subpoena in an ongoing criminal investigation or (2) an
appropriate licensing authority of another state or
jurisdiction pursuant to an official request made by that
authority. Any information and documents disclosed to a
federal, State, or local law enforcement agency may be used by
that agency only for the investigation and prosecution of a
criminal offense. Any information or documents disclosed by the
Department to a professional licensing authority of another
state or jurisdiction may only be used by that authority for
investigations and disciplinary proceedings with regards to a
professional license.
    (e) Any licensee whose license was revoked or who received
an administrative order under this Section shall have the
revocation or administrative order vacated and completely
removed from the licensee's records and public view and the
revocation or administrative order shall be afforded the same
status as is provided information under Part 21 of Article VIII
of the Code of Civil Procedure if (1) the charges upon which
the revocation or administrative order is based are dropped;
(2) the licensee is not convicted of the charges upon which the
revocation or administrative order is based; or (3) any
conviction for charges upon which the revocation or
administrative order was based have been vacated, overturned,
or reversed.
    (f) Nothing contained in this Section shall prohibit the
Department from initiating or maintaining a disciplinary
action against a licensee independent from any criminal
charges, conviction, or sex offender registration.
    (g) The Department may adopt rules necessary to implement
this Section.
(Source: P.A. 99-886, eff. 1-1-17.)
 
    (20 ILCS 2105/2105-170)
    Sec. 2105-170. Health care workers; automatic suspension
of license. A health care worker, as defined by the Health Care
Worker Self-Referral Act, licensed by the Department shall be
automatically and indefinitely suspended if the at such time as
the final trial proceedings are concluded whereby a licensee
has either been either convicted of, or has entered a plea of
guilty or nolo contendere in a criminal prosecution to, a
criminal health care or criminal insurance fraud offense,
requiring intent, under the laws of the State, the laws of any
other state, or the laws of the United States of America,
including, but not limited to, criminal Medicare or Medicaid
fraud. A certified copy of the conviction or judgment shall be
the basis for the suspension. If a licensee requests a hearing,
then the sole purpose of the hearing shall be limited to the
length of the suspension of the licensee's license, as the
conviction or judgment is a matter of record and may not be
challenged.
(Source: P.A. 99-211, eff. 1-1-16.)
 
    (20 ILCS 2105/2105-207)
    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.
    (d) Any applicant for licensure or a licensee whose
petition for review is granted by the Department pursuant to
subsection (a-1) of Section 2105-165 of this Law may file an
application with the Department on forms provided by the
Department to have records relating to his or her permanent
denial or permanent revocation classified as confidential and
not for public release and considered expunged for reporting
purposes in the same manner and under the same terms as is
provided in this Section for the offenses listed in subsection
(b) of this Section, except that the requirements of a 7-year
waiting period and the $200 application fee do not apply.
(Source: P.A. 98-816, eff. 8-1-14.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/22/2017