Illinois General Assembly - Full Text of HB1001
Illinois General Assembly

Previous General Assemblies

Full Text of HB1001  98th General Assembly




State of Illinois
2013 and 2014


Introduced , by Rep. Chad Hays - Jil Tracy - JoAnn D. Osmond - Norine Hammond


5 ILCS 80/4.33
5 ILCS 80/4.23 rep.
225 ILCS 60/21  from Ch. 111, par. 4400-21

    Amends the Regulatory Sunset Act. Extends the repeal of the Medical Practice Act of 1987 from December 31, 2013 to December 31, 2023. Amends the Medical Practice Act of 1987. Provides that a completed initial license application and a completed initial license application by endorsement that has been submitted to the Department of Financial and Professional Regulation shall be processed by the Department within 45 calendar days after receipt. Makes changes to the various fees for the renewal of a license for a resident of Illinois and nonresidents. Provides that an individual who has a 3-year temporary license and applies for an initial license shall pay the fee for a renewal of a license instead of applying for an initial license under certain provisions of the Act. Provides that the State Comptroller shall order and the State Treasurer shall transfer $9,600,000 from the General Revenue Fund to the Illinois State Medical Disciplinary Fund. Effective immediately.

LRB098 07534 MGM 37605 b






HB1001LRB098 07534 MGM 37605 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Regulatory Sunset Act is amended by changing
5Section 4.33 as follows:
6    (5 ILCS 80/4.33)
7    Sec. 4.33. Acts repealed on January 1, 2023 and on December
831, 2023.
9    (a) The following Acts are repealed on January 1, 2023:
10    The Dietitian Nutritionist Practice Act.
11    The Elevator Safety and Regulation Act.
12    The Fire Equipment Distributor and Employee Regulation Act
13of 2011.
14    The Funeral Directors and Embalmers Licensing Code.
15    The Naprapathic Practice Act.
16    The Professional Counselor and Clinical Professional
17Counselor Licensing and Practice Act.
18    The Wholesale Drug Distribution Licensing Act.
19    (b) The following Act is repealed on December 31, 2023:
20    The Medical Practice Act of 1987.
21(Source: P.A. 97-706, eff. 6-25-12; 97-778, eff. 7-13-12;
2297-804, eff. 1-1-13; 97-979, eff. 8-17-12; 97-1048, eff.
238-22-12; 97-1130, eff. 8-28-12; 97-1141, eff. 12-28-12.)



HB1001- 2 -LRB098 07534 MGM 37605 b

1    (5 ILCS 80/4.23 rep.)
2    Section 8. The Regulatory Sunset Act is amended by
3repealing Section 4.23.
4    Section 10. The Medical Practice Act of 1987 is amended by
5changing Section 21 as follows:
6    (225 ILCS 60/21)  (from Ch. 111, par. 4400-21)
7    (Section scheduled to be repealed on December 31, 2013)
8    Sec. 21. License renewal; restoration; inactive status;
9disposition and collection of fees.
10    (A) Renewal. The expiration date and renewal period for
11each license issued under this Act shall be set by rule. The
12holder of a license may renew the license by paying the
13required fee. The holder of a license may also renew the
14license within 90 days after its expiration by complying with
15the requirements for renewal and payment of an additional fee.
16A license renewal within 90 days after expiration shall be
17effective retroactively to the expiration date.
18    The Department shall mail to each licensee under this Act,
19at his or her address of record, at least 60 days in advance of
20the expiration date of his or her license, a renewal notice. No
21such license shall be deemed to have lapsed until 90 days after
22the expiration date and after such notice has been mailed by
23the Department as herein provided.



HB1001- 3 -LRB098 07534 MGM 37605 b

1    (B) Restoration. Any licensee who has permitted his or her
2license to lapse or who has had his or her license on inactive
3status may have his or her license restored by making
4application to the Department and filing proof acceptable to
5the Department of his or her fitness to have the license
6restored, including evidence certifying to active practice in
7another jurisdiction satisfactory to the Department, proof of
8meeting the continuing education requirements for one renewal
9period, and by paying the required restoration fee.
10    If the licensee has not maintained an active practice in
11another jurisdiction satisfactory to the Department, the
12Licensing Board shall determine, by an evaluation program
13established by rule, the applicant's fitness to resume active
14status and may require the licensee to complete a period of
15evaluated clinical experience and may require successful
16completion of a practical examination specified by the
17Licensing Board.
18    However, any registrant whose license has expired while he
19or she has been engaged (a) in Federal Service on active duty
20with the Army of the United States, the United States Navy, the
21Marine Corps, the Air Force, the Coast Guard, the Public Health
22Service or the State Militia called into the service or
23training of the United States of America, or (b) in training or
24education under the supervision of the United States
25preliminary to induction into the military service, may have
26his or her license reinstated or restored without paying any



HB1001- 4 -LRB098 07534 MGM 37605 b

1lapsed renewal fees, if within 2 years after honorable
2termination of such service, training, or education, he or she
3furnishes to the Department with satisfactory evidence to the
4effect that he or she has been so engaged and that his or her
5service, training, or education has been so terminated.
6    (C) Inactive licenses. Any licensee who notifies the
7Department, in writing on forms prescribed by the Department,
8may elect to place his or her license on an inactive status and
9shall, subject to rules of the Department, be excused from
10payment of renewal fees until he or she notifies the Department
11in writing of his or her desire to resume active status.
12    Any licensee requesting restoration from inactive status
13shall be required to pay the current renewal fee, provide proof
14of meeting the continuing education requirements for the period
15of time the license is inactive not to exceed one renewal
16period, and shall be required to restore his or her license as
17provided in subsection (B).
18    Any licensee whose license is in an inactive status shall
19not practice in the State of Illinois.
20    (D) Disposition of monies collected. All monies collected
21under this Act by the Department shall be deposited in the
22Illinois State Medical Disciplinary Fund in the State Treasury,
23and used only for the following purposes: (a) by the
24Disciplinary Board and Licensing Board in the exercise of its
25powers and performance of its duties, as such use is made by
26the Department with full consideration of all recommendations



HB1001- 5 -LRB098 07534 MGM 37605 b

1of the Disciplinary Board and Licensing Board, (b) for costs
2directly related to persons licensed under this Act, and (c)
3for direct and allocable indirect costs related to the public
4purposes of the Department.
5    Moneys in the Fund may be transferred to the Professions
6Indirect Cost Fund as authorized under Section 2105-300 of the
7Department of Professional Regulation Law (20 ILCS
9    The State Comptroller shall order and the State Treasurer
10shall transfer $9,600,000 from the General Revenue Fund to the
11Illinois State Medical Disciplinary Fund as soon as practicable
12after the effective date of this amendatory Act of the 98th
13General Assembly.
14    All earnings received from investment of monies in the
15Illinois State Medical Disciplinary Fund shall be deposited in
16the Illinois State Medical Disciplinary Fund and shall be used
17for the same purposes as fees deposited in such Fund.
18    (E) Fees. The following fees are nonrefundable.
19        (1) Applicants for any examination shall be required to
20    pay, either to the Department or to the designated testing
21    service, a fee covering the cost of determining the
22    applicant's eligibility and providing the examination.
23    Failure to appear for the examination on the scheduled
24    date, at the time and place specified, after the
25    applicant's application for examination has been received
26    and acknowledged by the Department or the designated



HB1001- 6 -LRB098 07534 MGM 37605 b

1    testing service, shall result in the forfeiture of the
2    examination fee.
3        (2) The fee for an initial a license under Section 9 of
4    this Act is $500 $300. A completed application for an
5    initial license under Section 9 of this Act that has been
6    submitted to the Department shall be processed by the
7    Department within 45 calendar days after receipt.
8        (3) The fee for an initial a license under Section 19
9    of this Act is $500 $300. A completed application for an
10    initial license under Section 19 of this Act that has been
11    submitted to the Department shall be processed by the
12    Department within 45 calendar days after receipt.
13        (4) The fee for the renewal of a license for a resident
14    of Illinois shall be calculated at the rate of $167 $100
15    per year, except for licensees who were issued a license
16    within 12 months of the expiration date of the license, the
17    fee for the renewal shall be $167 $100. The fee for the
18    renewal of a license for a nonresident shall be calculated
19    at the rate of $250 $200 per year, except for licensees who
20    were issued a license within 12 months of the expiration
21    date of the license, the fee for the renewal shall be $250
22    $200.
23        (5) The fee for the restoration of a license other than
24    from inactive status, is $167 $100. In addition, payment of
25    all lapsed renewal fees not to exceed $750 $600 is
26    required.



HB1001- 7 -LRB098 07534 MGM 37605 b

1        (6) The fee for a 3-year temporary license under
2    Section 17 is $100. An individual who has a 3-year
3    temporary license under Section 17 and applies for an
4    initial license shall pay the fee for a renewal of a
5    license under paragraph (4) of this subsection.
6        (7) The fee for the issuance of a duplicate license,
7    for the issuance of a replacement license for a license
8    which has been lost or destroyed, or for the issuance of a
9    license with a change of name or address other than during
10    the renewal period is $20. No fee is required for name and
11    address changes on Department records when no duplicate
12    license is issued.
13        (8) The fee to be paid for a license record for any
14    purpose is $20.
15        (9) The fee to be paid to have the scoring of an
16    examination, administered by the Department, reviewed and
17    verified, is $20 plus any fees charged by the applicable
18    testing service.
19        (10) The fee to be paid by a licensee for a wall
20    certificate showing his or her license shall be the actual
21    cost of producing the certificate as determined by the
22    Department.
23        (11) The fee for a roster of persons licensed as
24    physicians in this State shall be the actual cost of
25    producing such a roster as determined by the Department.
26    (F) Any person who delivers a check or other payment to the



HB1001- 8 -LRB098 07534 MGM 37605 b

1Department that is returned to the Department unpaid by the
2financial institution upon which it is drawn shall pay to the
3Department, in addition to the amount already owed to the
4Department, a fine of $50. The fines imposed by this Section
5are in addition to any other discipline provided under this Act
6for unlicensed practice or practice on a nonrenewed license.
7The Department shall notify the person that payment of fees and
8fines shall be paid to the Department by certified check or
9money order within 30 calendar days of the notification. If,
10after the expiration of 30 days from the date of the
11notification, the person has failed to submit the necessary
12remittance, the Department shall automatically terminate the
13license or certificate or deny the application, without
14hearing. If, after termination or denial, the person seeks a
15license or certificate, he or she shall apply to the Department
16for restoration or issuance of the license or certificate and
17pay all fees and fines due to the Department. The Department
18may establish a fee for the processing of an application for
19restoration of a license or certificate to pay all expenses of
20processing this application. The Secretary may waive the fines
21due under this Section in individual cases where the Secretary
22finds that the fines would be unreasonable or unnecessarily
24(Source: P.A. 97-622, eff. 11-23-11.)
25    Section 99. Effective date. This Act takes effect upon
26becoming law.