Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Public Act 100-1078


 

Public Act 1078 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-1078
 
SB3109 EnrolledLRB100 20224 XWW 35509 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
changing Section 2105-15 and by adding Section 2105-140 as
follows:
 
    (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) (Blank).
    (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).
    (f-5) Notwithstanding anything that may appear in any
individual licensing statute or administrative rule, the
Department shall allow an applicant to provide his or her
individual taxpayer identification number as an alternative to
providing a social security number when applying for a license.
    (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 to the
licensee's address of record or emailing a copy of the order to
the licensee's email address of record. 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. 99-85, eff. 1-1-16; 99-227, eff. 8-3-15; 99-330,
eff. 8-10-15; 99-642, eff. 7-28-16; 99-933, eff. 1-27-17;
100-262, eff. 8-22-17; revised 10-4-17.)
 
    (20 ILCS 2105/2105-140 new)
    Sec. 2105-140. Licensure; immigration status. No person
shall be denied a license, certificate, limited permit, or
registration issued by the Department solely based on his or
her citizenship status or immigration status. The General
Assembly finds and declares that this Section is a State law
within the meaning of subsection (d) of Section 1621 of Title 8
of the United States Code. Nothing in this Section shall affect
the requirements to obtain a professional license that are not
directly related to citizenship status or immigration status.
Nothing in this Section shall be construed to grant eligibility
for obtaining any public benefit other than a professional
license issued by the Department.
 
    Section 10. The School Code is amended by changing Section
21B-15 as follows:
 
    (105 ILCS 5/21B-15)
    Sec. 21B-15. Qualifications of educators.
    (a) No one may be licensed to teach or supervise or be
otherwise employed in the public schools of this State who is
not of good character and at least 19 years of age.
    In determining good character under this Section, the State
Superintendent of Education shall take into consideration the
disciplinary actions of other states or national entities
against certificates or licenses issued by those states and
held by individuals from those states. In addition, any felony
conviction of the applicant may be taken into consideration;
however, no one may be licensed to teach or supervise in the
public schools of this State who has been convicted of (i) an
offense set forth in subsection (b) of Section 21B-80 of this
Code until 7 years following the end of the sentence for the
criminal offense or (ii) an offense set forth in subsection (c)
of Section 21B-80 of this Code. Unless the conviction is for an
offense set forth in Section 21B-80 of this Code, an applicant
must be permitted to submit character references or other
written material before such a conviction or other information
regarding the applicant's character may be used by the State
Superintendent of Education as a basis for denying the
application.
    (b) No person otherwise qualified shall be denied the right
to be licensed or to receive training for the purpose of
becoming an educator because of a physical disability,
including, but not limited to, visual and hearing disabilities;
nor shall any school district refuse to employ a teacher on
such grounds, provided that the person is able to carry out the
duties of the position for which he or she applies.
    (c) No person may be granted or continue to hold an
educator license who has knowingly altered or misrepresented
his or her qualifications, in this State or any other state, in
order to acquire or renew the license. Any other license issued
under this Article held by the person may be suspended or
revoked by the State Educator Preparation and Licensure Board,
depending upon the severity of the alteration or
misrepresentation.
    (d) No one may teach or supervise in the public schools nor
receive for teaching or supervising any part of any public
school fund who does not hold an educator license granted by
the State Superintendent of Education as provided in this
Article. However, the provisions of this Article do not apply
to a member of the armed forces who is employed as a teacher of
subjects in the Reserve Officers' Training Corps of any school,
nor to an individual teaching a dual credit course as provided
for in the Dual Credit Quality Act.
    (e) Notwithstanding any other provision of this Code, the
school board of a school district may grant to a teacher of the
district a leave of absence with full pay for a period of not
more than one year to permit the teacher to teach in a foreign
state under the provisions of the Exchange Teacher Program
established under Public Law 584, 79th Congress, and Public Law
402, 80th Congress, as amended. The school board granting the
leave of absence may employ, with or without pay, a national of
the foreign state wherein the teacher on the leave of absence
is to teach if the national is qualified to teach in that
foreign state and if that national is to teach in a grade level
similar to the one that was taught in the foreign state. The
State Board of Education, in consultation with the State
Educator Preparation and Licensure Board, may adopt rules as
may be necessary to implement this subsection (e).
    (f) No person shall be denied a license issued under this
Article solely based on his or her citizenship status or
immigration status. The General Assembly finds and declares
that this subsection (f) is a State law within the meaning of
subsection (d) of Section 1621 of Title 8 of the United States
Code. Nothing in this subsection shall affect the requirements
to obtain a license that are not directly related to
citizenship status or immigration status. Nothing in this
subsection shall be construed to grant eligibility for
obtaining any public benefit other than a license issued under
this Article.
(Source: P.A. 99-667, eff. 7-29-16; 100-13, eff. 7-1-17.)
 
    Section 15. The Pharmacy Practice Act is amended by
changing Section 6 as follows:
 
    (225 ILCS 85/6)  (from Ch. 111, par. 4126)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 6. Each individual seeking licensure as a registered
pharmacist shall make application to the Department and shall
provide evidence of the following:
        1. (blank); that he or she is a United States citizen
    or legally admitted alien;
        2. that he or she has not engaged in conduct or
    behavior determined to be grounds for discipline under this
    Act;
        3. that he or she is a graduate of a first professional
    degree program in pharmacy of a university recognized and
    approved by the Department;
        4. that he or she has successfully completed a program
    of practice experience under the direct supervision of a
    pharmacist in a pharmacy in this State, or in any other
    State; and
        5. that he or she has passed an examination recommended
    by the Board of Pharmacy and authorized by the Department.
    The Department shall issue a license as a registered
pharmacist to any applicant who has qualified as aforesaid and
who has filed the required applications and paid the required
fees in connection therewith; and such registrant shall have
the authority to practice the profession of pharmacy in this
State.
(Source: P.A. 95-689, eff. 10-29-07.)

Effective Date: 1/1/2019