Illinois General Assembly - Full Text of HB2408
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Full Text of HB2408  100th General Assembly




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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 Department of Professional Regulation Law of
5the Civil Administrative Code of Illinois is amended by
6changing Sections 2105-5, 2105-15, 2105-100, 2105-115,
72105-120, 2105-125, 2105-165, 2105-170, and 2105-207 and by
8adding Section 2105-7 as follows:
9    (20 ILCS 2105/2105-5)  (was 20 ILCS 2105/60b)
10    Sec. 2105-5. Definitions. In this Law:
11    "Address of record" means the designated address recorded
12by the Department in the applicant's application file or the
13licensee's license file, as maintained by the Department's
14licensure maintenance unit. An address of record must be a
15street address, not a post office box or any other similar
17    "Applicant" means an applicant for a license,
18certification, registration, permit, or other authority issued
19or conferred by the Department by virtue or authority of which
20the licensee has or claims the right to engage in a profession,
21trade, occupation, or operation of which the Department has
23    "Department" means the Division of Professional Regulation



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1of the Department of Financial and Professional Regulation. Any
2reference in this Article to the "Department of Professional
3Regulation" shall be deemed to mean the "Division of
4Professional Regulation of the Department of Financial and
5Professional Regulation".
6    "Director" means the Director of Professional Regulation.
7    "Email address of record" means the designated email
8address recorded by the Department in the applicant's
9application file or the licensee's license file, as maintained
10by the Department's licensure maintenance unit.
11    "Board" means the board of persons designated for a
12profession, trade, or occupation under the provisions of any
13Act now or hereafter in force whereby the jurisdiction of that
14profession, trade, or occupation is devolved on the Department.
15    "License" "Certificate" means a license, certificate of
16registration, certification, permit, or other authority
17purporting to be issued or conferred by the Department by
18virtue or authority of which the licensee registrant has or
19claims the right to engage in a profession, trade, occupation,
20or operation of which the Department has jurisdiction.
21    "Licensee" "Registrant" means a person who holds or claims
22to hold a license certificate. An unlicensed person or entity
23that holds himself, herself, or itself out as a licensee or
24engages in a licensed activity shall be deemed to be a licensee
25for the purposes of investigation or disciplinary action.
26    "Retiree" means a person who has been duly licensed,



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1registered, or certified in a profession regulated by the
2Department and who chooses to relinquish or not renew his or
3her license, registration, or certification.
4(Source: P.A. 99-227, eff. 8-3-15.)
5    (20 ILCS 2105/2105-7 new)
6    Sec. 2105-7. Address of record; email address of record.
7The Department shall require all applicants and licensees:
8        (1) to provide a valid address and email address to the
9    Department, which shall serve as the address of record and
10    email address of record, respectively, at the time of
11    application for licensure or renewal of a license; and
12        (2) to inform the Department of any change of address
13    of record or email address of record within 14 days after
14    such change either through the Department's website or by
15    contacting the Department's licensure maintenance unit.
16    (20 ILCS 2105/2105-15)
17    Sec. 2105-15. General powers and duties.
18    (a) The Department has, subject to the provisions of the
19Civil Administrative Code of Illinois, the following powers and
21        (1) To authorize examinations in English to ascertain
22    the qualifications and fitness of applicants to exercise
23    the profession, trade, or occupation for which the
24    examination is held.



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



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1    exercising the respective professions, trades, or
2    occupations and to revoke, suspend, refuse to renew, place
3    on probationary status, or take other disciplinary action
4    as authorized in any licensing Act administered by the
5    Department with regard to those licenses, certificates, or
6    authorities.
7        The Department shall issue a monthly disciplinary
8    report.
9        The Department shall deny any license or renewal
10    authorized by the Civil Administrative Code of Illinois to
11    any person who has defaulted on an educational loan or
12    scholarship provided by or guaranteed by the Illinois
13    Student Assistance Commission or any governmental agency
14    of this State; however, the Department may issue a license
15    or renewal if the aforementioned persons have established a
16    satisfactory repayment record as determined by the
17    Illinois Student Assistance Commission or other
18    appropriate governmental agency of this State.
19    Additionally, beginning June 1, 1996, any license issued by
20    the Department may be suspended or revoked if the
21    Department, after the opportunity for a hearing under the
22    appropriate licensing Act, finds that the licensee has
23    failed to make satisfactory repayment to the Illinois
24    Student Assistance Commission for a delinquent or
25    defaulted loan. For the purposes of this Section,
26    "satisfactory repayment record" shall be defined by rule.



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1        The Department shall refuse to issue or renew a license
2    to, or shall suspend or revoke a license of, any person
3    who, after receiving notice, fails to comply with a
4    subpoena or warrant relating to a paternity or child
5    support proceeding. However, the Department may issue a
6    license or renewal upon compliance with the subpoena or
7    warrant.
8        The Department, without further process or hearings,
9    shall revoke, suspend, or deny any license or renewal
10    authorized by the Civil Administrative Code of Illinois to
11    a person who is certified by the Department of Healthcare
12    and Family Services (formerly Illinois Department of
13    Public Aid) as being more than 30 days delinquent in
14    complying with a child support order or who is certified by
15    a court as being in violation of the Non-Support Punishment
16    Act for more than 60 days. The Department may, however,
17    issue a license or renewal if the person has established a
18    satisfactory repayment record as determined by the
19    Department of Healthcare and Family Services (formerly
20    Illinois Department of Public Aid) or if the person is
21    determined by the court to be in compliance with the
22    Non-Support Punishment Act. The Department may implement
23    this paragraph as added by Public Act 89-6 through the use
24    of emergency rules in accordance with Section 5-45 of the
25    Illinois Administrative Procedure Act. For purposes of the
26    Illinois Administrative Procedure Act, the adoption of



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1    rules to implement this paragraph shall be considered an
2    emergency and necessary for the public interest, safety,
3    and welfare.
4        (6) To transfer jurisdiction of any realty under the
5    control of the Department to any other department of the
6    State Government or to acquire or accept federal lands when
7    the transfer, acquisition, or acceptance is advantageous
8    to the State and is approved in writing by the Governor.
9        (7) To formulate rules and regulations necessary for
10    the enforcement of any Act administered by the Department.
11        (8) To exchange with the Department of Healthcare and
12    Family Services information that may be necessary for the
13    enforcement of child support orders entered pursuant to the
14    Illinois Public Aid Code, the Illinois Marriage and
15    Dissolution of Marriage Act, the Non-Support of Spouse and
16    Children Act, the Non-Support Punishment Act, the Revised
17    Uniform Reciprocal Enforcement of Support Act, the Uniform
18    Interstate Family Support Act, the Illinois Parentage Act
19    of 1984, or the Illinois Parentage Act of 2015.
20    Notwithstanding any provisions in this Code to the
21    contrary, the Department of Professional Regulation shall
22    not be liable under any federal or State law to any person
23    for any disclosure of information to the Department of
24    Healthcare and Family Services (formerly Illinois
25    Department of Public Aid) under this paragraph (8) or for
26    any other action taken in good faith to comply with the



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1    requirements of this paragraph (8).
2        (8.5) To accept continuing education credit for
3    mandated reporter training on how to recognize and report
4    child abuse offered by the Department of Children and
5    Family Services and completed by any person who holds a
6    professional license issued by the Department and who is a
7    mandated reporter under the Abused and Neglected Child
8    Reporting Act. The Department shall adopt any rules
9    necessary to implement this paragraph.
10        (9) To perform other duties prescribed by law.
11    (a-5) Except in cases involving default on an educational
12loan or scholarship provided by or guaranteed by the Illinois
13Student Assistance Commission or any governmental agency of
14this State or in cases involving delinquency in complying with
15a child support order or violation of the Non-Support
16Punishment Act and notwithstanding anything that may appear in
17any individual licensing Act or administrative rule, no person
18or entity whose license, certificate, or authority has been
19revoked as authorized in any licensing Act administered by the
20Department may apply for restoration of that license,
21certification, or authority until 3 years after the effective
22date of the revocation.
23    (b) The Department may, when a fee is payable to the
24Department for a wall certificate of registration provided by
25the Department of Central Management Services, require that
26portion of the payment for printing and distribution costs be



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1made directly or through the Department to the Department of
2Central Management Services for deposit into the Paper and
3Printing Revolving Fund. The remainder shall be deposited into
4the General Revenue Fund.
5    (c) For the purpose of securing and preparing evidence, and
6for the purchase of controlled substances, professional
7services, and equipment necessary for enforcement activities,
8recoupment of investigative costs, and other activities
9directed at suppressing the misuse and abuse of controlled
10substances, including those activities set forth in Sections
11504 and 508 of the Illinois Controlled Substances Act, the
12Director and agents appointed and authorized by the Director
13may expend sums from the Professional Regulation Evidence Fund
14that the Director deems necessary from the amounts appropriated
15for that purpose. Those sums may be advanced to the agent when
16the Director deems that procedure to be in the public interest.
17Sums for the purchase of controlled substances, professional
18services, and equipment necessary for enforcement activities
19and other activities as set forth in this Section shall be
20advanced to the agent who is to make the purchase from the
21Professional Regulation Evidence Fund on vouchers signed by the
22Director. The Director and those agents are authorized to
23maintain one or more commercial checking accounts with any
24State banking corporation or corporations organized under or
25subject to the Illinois Banking Act for the deposit and
26withdrawal of moneys to be used for the purposes set forth in



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1this Section; provided, that no check may be written nor any
2withdrawal made from any such account except upon the written
3signatures of 2 persons designated by the Director to write
4those checks and make those withdrawals. Vouchers for those
5expenditures must be signed by the Director. All such
6expenditures shall be audited by the Director, and the audit
7shall be submitted to the Department of Central Management
8Services for approval.
9    (d) Whenever the Department is authorized or required by
10law to consider some aspect of criminal history record
11information for the purpose of carrying out its statutory
12powers and responsibilities, then, upon request and payment of
13fees in conformance with the requirements of Section 2605-400
14of the Department of State Police Law (20 ILCS 2605/2605-400),
15the Department of State Police is authorized to furnish,
16pursuant to positive identification, the information contained
17in State files that is necessary to fulfill the request.
18    (e) The provisions of this Section do not apply to private
19business and vocational schools as defined by Section 15 of the
20Private Business and Vocational Schools Act of 2012.
21    (f) (Blank).
22    (g) Notwithstanding anything that may appear in any
23individual licensing statute or administrative rule, the
24Department shall deny any license application or renewal
25authorized under any licensing Act administered by the
26Department to any person who has failed to file a return, or to



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1pay the tax, penalty, or interest shown in a filed return, or
2to pay any final assessment of tax, penalty, or interest, as
3required by any tax Act administered by the Illinois Department
4of Revenue, until such time as the requirement of any such tax
5Act are satisfied; however, the Department may issue a license
6or renewal if the person has established a satisfactory
7repayment record as determined by the Illinois Department of
8Revenue. For the purpose of this Section, "satisfactory
9repayment record" shall be defined by rule.
10    In addition, a complaint filed with the Department by the
11Illinois Department of Revenue that includes a certification,
12signed by its Director or designee, attesting to the amount of
13the unpaid tax liability or the years for which a return was
14not filed, or both, is prima facie evidence of the licensee's
15failure to comply with the tax laws administered by the
16Illinois Department of Revenue. Upon receipt of that
17certification, the Department shall, without a hearing,
18immediately suspend all licenses held by the licensee.
19Enforcement of the Department's order shall be stayed for 60
20days. The Department shall provide notice of the suspension to
21the licensee by mailing a copy of the Department's order by
22certified and regular mail to the licensee's last known address
23of record or emailing a copy of the order to the licensee's
24email address of record as registered with the Department. The
25notice shall advise the licensee that the suspension shall be
26effective 60 days after the issuance of the Department's order



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1unless the Department receives, from the licensee, a request
2for a hearing before the Department to dispute the matters
3contained in the order.
4    Any suspension imposed under this subsection (g) shall be
5terminated by the Department upon notification from the
6Illinois Department of Revenue that the licensee is in
7compliance with all tax laws administered by the Illinois
8Department of Revenue.
9    The Department may promulgate rules for the administration
10of this subsection (g).
11    (h) The Department may grant the title "Retired", to be
12used immediately adjacent to the title of a profession
13regulated by the Department, to eligible retirees. For
14individuals licensed under the Medical Practice Act of 1987,
15the title "Retired" may be used in the profile required by the
16Patients' Right to Know Act. The use of the title "Retired"
17shall not constitute representation of current licensure,
18registration, or certification. Any person without an active
19license, registration, or certificate in a profession that
20requires licensure, registration, or certification shall not
21be permitted to practice that profession.
22    (i) Within 180 days after December 23, 2009 (the effective
23date of Public Act 96-852), the Department shall promulgate
24rules which permit a person with a criminal record, who seeks a
25license or certificate in an occupation for which a criminal
26record is not expressly a per se bar, to apply to the



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1Department for a non-binding, advisory opinion to be provided
2by the Board or body with the authority to issue the license or
3certificate as to whether his or her criminal record would bar
4the individual from the licensure or certification sought,
5should the individual meet all other licensure requirements
6including, but not limited to, the successful completion of the
7relevant examinations.
8(Source: P.A. 98-756, eff. 7-16-14; 98-850, eff. 1-1-15; 99-85,
9eff. 1-1-16; 99-227, eff. 8-3-15; 99-330, eff. 8-10-15; 99-642,
10eff. 7-28-16.)
11    (20 ILCS 2105/2105-100)  (was 20 ILCS 2105/60c)
12    Sec. 2105-100. Disciplinary action with respect to
13licenses certificates; notice; hearing.
14    (a) Licenses Certificates may be revoked, suspended,
15placed on probationary status, reprimanded, fined, or have
16other disciplinary action taken with regard to them as
17authorized in any licensing Act administered by the Department
18in the manner provided by the Civil Administrative Code of
19Illinois and not otherwise.
20    (b) The Department may upon its own motion and shall upon
21the verified complaint in writing of any person, provided the
22complaint or the complaint together with evidence, documentary
23or otherwise, presented in connection with the complaint makes
24a prima facie case, investigate the actions of any person
25holding or claiming to hold a license certificate.



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1    (c) Before suspending, revoking, placing on probationary
2status, reprimanding, fining, or taking any other disciplinary
3action that may be authorized in any licensing Act administered
4by the Department with regard to any license certificate, the
5Department shall issue a notice informing the licensee or
6applicant registrant of the time and place when and where a
7hearing of the charges shall be had. The notice shall contain a
8statement of the charges or shall be accompanied by a copy of
9the written complaint if such complaint shall have been filed.
10The notice shall be served on the licensee or applicant
11registrant at least 10 days prior to the date set in the notice
12for the hearing, either by delivery of the notice personally to
13the licensee or applicant registrant or by mailing the notice
14by registered mail to the licensee's or applicant's
15registrant's address of record; provided that in any case where
16the licensee or applicant registrant is now or may hereafter be
17required by law to maintain a place of business in this State
18and to notify the Department of the location of that place of
19business, the notice may be served by mailing it by registered
20mail to the licensee or applicant registrant at the place of
21business last described by the licensee or applicant registrant
22in the notification to the Department. Notwithstanding any
23provision in any individual licensing statute or
24administrative rule, the notice may be served by email
25transmission to the licensee's or applicant's email address of



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1    (d) At the time and place fixed in the notice, the
2Department shall proceed to a hearing of the charges. The
3licensee or applicant Both the registrant and the complainant
4shall be accorded ample opportunity to present, in person or by
5counsel, any statements, testimony, evidence, and argument
6that may be pertinent to the charges or to any defense to the
7charges. The Department may continue the hearing from time to
9(Source: P.A. 99-227, eff. 8-3-15.)
10    (20 ILCS 2105/2105-115)  (was 20 ILCS 2105/60f)
11    Sec. 2105-115. Certified shorthand reporter; transcript.
12The Department, at its expense, shall provide a certified
13shorthand reporter to take down the testimony and preserve a
14record of all proceedings at the hearing of any case in which a
15license certificate may be revoked, suspended, placed on
16probationary status, reprimanded, fined, or subjected to other
17disciplinary action with reference to the license certificate
18when a disciplinary action is authorized in any licensing Act
19administered by the Department. The notice, complaint, and all
20other documents in the nature of pleadings and written motions
21filed in the proceedings, the transcript of testimony, the
22report of the board, and the orders of the Department shall be
23the record of the proceedings. The Department shall furnish the
24record to any person interested in the hearing upon payment
25therefor of $1 per page. The Department may contract for court



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1reporting services, and, in the event it does so, the
2Department shall provide the name and contact information for
3the certified shorthand reporter who transcribed the testimony
4at a hearing to any person interested, who may obtain a copy of
5the transcript of any proceedings at a hearing upon payment of
6the fee specified by the certified shorthand reporter. This
7charge is in addition to any fee charged by the Department for
8certifying the record.
9(Source: P.A. 99-227, eff. 8-3-15.)
10    (20 ILCS 2105/2105-120)  (was 20 ILCS 2105/60g)
11    Sec. 2105-120. Board's report; licensee's or applicant's
12registrant's motion for rehearing.
13    (a) The board shall present to the Director its written
14report of its findings and recommendations. A copy of the
15report shall be served upon the licensee or applicant
16registrant, either personally or by registered mail or email as
17provided in Section 2105-100 for the service of the notice.
18    (b) Within 20 days after the service required under
19subsection (a), the licensee or applicant registrant may
20present to the Department a motion in writing for a rehearing.
21The written motion shall specify the particular grounds for a
22rehearing. If the licensee or applicant registrant orders and
23pays for a transcript of the record as provided in Section
242105-115, the time elapsing thereafter and before the
25transcript is ready for delivery to the licensee or applicant



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1registrant shall not be counted as part of the 20 days.
2(Source: P.A. 99-227, eff. 8-3-15.)
3    (20 ILCS 2105/2105-125)  (was 20 ILCS 2105/60h)
4    Sec. 2105-125. Restoration of license certificate. At any
5time after the successful completion of any term of suspension,
6revocation, placement on probationary status, or other
7disciplinary action taken by the Department with reference to
8any license certificate, including payment of any fine, the
9Department may restore it to the licensee registrant without
10examination, upon the written recommendation of the
11appropriate board.
12(Source: P.A. 99-227, eff. 8-3-15.)
13    (20 ILCS 2105/2105-165)
14    Sec. 2105-165. Health care worker licensure actions; sex
16    (a) When a licensed health care worker, as defined in the
17Health Care Worker Self-Referral Act, (1) has been convicted of
18a criminal act that requires registration under the Sex
19Offender Registration Act; (1.5) has been convicted of
20involuntary sexual servitude of a minor under subsection (c) of
21Section 10-9 or subsection (b) of Section 10A-10 of the
22Criminal Code of 1961 or the Criminal Code of 2012; (2) has
23been convicted of a criminal battery against any patient in the
24course of patient care or treatment, including any offense



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1based on sexual conduct or sexual penetration; (3) has been
2convicted of a forcible felony; or (4) is required as a part of
3a criminal sentence to register under the Sex Offender
4Registration Act, then, notwithstanding any other provision of
5law to the contrary, except as provided in this Section, the
6license of the health care worker shall by operation of law be
7permanently revoked without a hearing.
8    (a-1) If a licensed health care worker has been convicted
9of a forcible felony, other than a forcible felony requiring
10registration under the Sex Offender Registration Act, or
11involuntary sexual servitude of a minor that is a forcible
12felony, or a criminal battery against any patient in the course
13of patient care or treatment, is not required to register as a
14sex offender, and the health care worker has had his or her
15license revoked pursuant to item (3) of subsection (a) of this
16Section, then the health care worker may petition the
17Department to restore his or her license if more than 5 years
18have passed since the conviction or more than 3 years have
19passed since the health care worker's release from confinement
20for that conviction, whichever is later. In determining whether
21a license shall be restored, the Department shall consider, but
22is not limited to, the following factors:
23        (1) the seriousness of the offense;
24        (2) the presence of multiple offenses;
25        (3) prior disciplinary history, including, but not
26    limited to, actions taken by other agencies in this State



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1    or by other states or jurisdictions, hospitals, health care
2    facilities, residency programs, employers, insurance
3    providers, or any of the armed forces of the United States
4    or any state;
5        (4) the impact of the offense on any injured party;
6        (5) the vulnerability of any injured party, including,
7    but not limited to, consideration of the injured party's
8    age, disability, or mental illness;
9        (6) the motive for the offense;
10        (7) the lack of contrition for the offense;
11        (8) the lack of cooperation with the Department or
12    other investigative authorities;
13        (9) the lack of prior disciplinary action, including,
14    but not limited to, action by the Department or by other
15    agencies in this State or by other states or jurisdictions,
16    hospitals, health care facilities, residency programs,
17    employers, insurance providers, or any of the armed forces
18    of the United States or any state;
19        (10) contrition for the offense;
20        (11) cooperation with the Department or other
21    investigative authorities;
22        (12) restitution to injured parties;
23        (13) whether the misconduct was self-reported;
24        (14) any voluntary remedial actions taken or other
25    evidence of rehabilitation; and
26        (15) the date of conviction.



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1    (b) No person who has been convicted of any offense listed
2in subsection (a) or required to register as a sex offender may
3receive a license as a health care worker in Illinois. The
4process for petition and review by the Department provided in
5subsection (a-1) shall also apply to a person whose application
6for licensure is denied pursuant to item (3) of subsection (a)
7of under this Section for a conviction of a forcible felony,
8other than a forcible felony requiring registration under the
9Sex Offender Registration Act, or involuntary sexual servitude
10of a minor that is a forcible felony, or a criminal battery
11against any patient in the course of patient care or treatment,
12who is not required to register as a sex offender.
13    (c) Immediately after a licensed health care worker, as
14defined in the Health Care Worker Self-Referral Act, has been
15charged with any offense for which the sentence includes
16registration as a sex offender; involuntary sexual servitude of
17a minor; a criminal battery against a patient, including any
18offense based on sexual conduct or sexual penetration, in the
19course of patient care or treatment; or a forcible felony; then
20the prosecuting attorney shall provide notice to the Department
21of the health care worker's name, address, practice address,
22and license number and the patient's name and a copy of the
23criminal charges filed. Within 5 business days after receiving
24notice from the prosecuting attorney of the filing of criminal
25charges against the health care worker, the Secretary shall
26issue an administrative order that the health care worker shall



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1immediately practice only with a chaperone during all patient
2encounters pending the outcome of the criminal proceedings. The
3chaperone must be a licensed health care worker. The chaperone
4shall provide written notice to all of the health care worker's
5patients explaining the Department's order to use a chaperone.
6Each patient shall sign an acknowledgement that they received
7the notice. The notice to the patient of criminal charges shall
8include, in 14-point font, the following statement: "The health
9care worker is presumed innocent until proven guilty of the
10charges.". The licensed health care worker shall provide a
11written plan of compliance with the administrative order that
12is acceptable to the Department within 5 days after receipt of
13the administrative order. Failure to comply with the
14administrative order, failure to file a compliance plan, or
15failure to follow the compliance plan shall subject the health
16care worker to temporary suspension of his or her professional
17license until the completion of the criminal proceedings.
18    (d) Nothing contained in this Section shall act in any way
19to waive or modify the confidentiality of information provided
20by the prosecuting attorney to the extent provided by law. Any
21information reported or disclosed shall be kept for the
22confidential use of the Secretary, Department attorneys, the
23investigative staff, and authorized clerical staff and shall be
24afforded the same status as is provided information under Part
2521 of Article VIII of the Code of Civil Procedure, except that
26the Department may disclose information and documents to (1) a



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1federal, State, or local law enforcement agency pursuant to a
2subpoena in an ongoing criminal investigation or (2) an
3appropriate licensing authority of another state or
4jurisdiction pursuant to an official request made by that
5authority. Any information and documents disclosed to a
6federal, State, or local law enforcement agency may be used by
7that agency only for the investigation and prosecution of a
8criminal offense. Any information or documents disclosed by the
9Department to a professional licensing authority of another
10state or jurisdiction may only be used by that authority for
11investigations and disciplinary proceedings with regards to a
12professional license.
13    (e) Any licensee whose license was revoked or who received
14an administrative order under this Section shall have the
15revocation or administrative order vacated and completely
16removed from the licensee's records and public view and the
17revocation or administrative order shall be afforded the same
18status as is provided information under Part 21 of Article VIII
19of the Code of Civil Procedure if (1) the charges upon which
20the revocation or administrative order is based are dropped;
21(2) the licensee is not convicted of the charges upon which the
22revocation or administrative order is based; or (3) any
23conviction for charges upon which the revocation or
24administrative order was based have been vacated, overturned,
25or reversed.
26    (f) Nothing contained in this Section shall prohibit the



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1Department from initiating or maintaining a disciplinary
2action against a licensee independent from any criminal
3charges, conviction, or sex offender registration.
4    (g) The Department may adopt rules necessary to implement
5this Section.
6(Source: P.A. 99-886, eff. 1-1-17.)
7    (20 ILCS 2105/2105-170)
8    Sec. 2105-170. Health care workers; automatic suspension
9of license. A health care worker, as defined by the Health Care
10Worker Self-Referral Act, licensed by the Department shall be
11automatically and indefinitely suspended if the at such time as
12the final trial proceedings are concluded whereby a licensee
13has either been either convicted of, or has entered a plea of
14guilty or nolo contendere in a criminal prosecution to, a
15criminal health care or criminal insurance fraud offense,
16requiring intent, under the laws of the State, the laws of any
17other state, or the laws of the United States of America,
18including, but not limited to, criminal Medicare or Medicaid
19fraud. A certified copy of the conviction or judgment shall be
20the basis for the suspension. If a licensee requests a hearing,
21then the sole purpose of the hearing shall be limited to the
22length of the suspension of the licensee's license, as the
23conviction or judgment is a matter of record and may not be
25(Source: P.A. 99-211, eff. 1-1-16.)



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1    (20 ILCS 2105/2105-207)
2    Sec. 2105-207. Records of Department actions.
3    (a) Any licensee subject to a licensing Act administered by
4the Division of Professional Regulation and who has been
5subject to disciplinary action by the Department may file an
6application with the Department on forms provided by the
7Department, along with the required fee of $200, to have the
8records classified as confidential, not for public release and
9considered expunged for reporting purposes if:
10        (1) the application is submitted more than 7 years
11    after the disciplinary offense or offenses occurred;
12        (2) the licensee has had no incidents of discipline
13    under the licensing Act since the disciplinary offense or
14    offenses identified in the application occurred;
15        (3) the Department has no pending investigations
16    against the licensee; and
17        (4) the licensee is not currently in a disciplinary
18    status.
19    (b) An application to make disciplinary records
20confidential shall only be considered by the Department for an
21offense or action relating to:
22        (1) failure to pay taxes or student loans;
23        (2) continuing education;
24        (3) failure to renew a license on time;
25        (4) failure to obtain or renew a certificate of



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1    registration or ancillary license;
2        (5) advertising; or
3        (6) any grounds for discipline removed from the
4    licensing Act.
5    (c) An application shall be submitted to and considered by
6the Director of the Division of Professional Regulation upon
7submission of an application and the required non-refundable
8fee. The Department may establish additional requirements by
9rule. The Department is not required to report the removal of
10any disciplinary record to any national database. Nothing in
11this Section shall prohibit the Department from using a
12previous discipline for any regulatory purpose or from
13releasing records of a previous discipline upon request from
14law enforcement, or other governmental body as permitted by
15law. Classification of records as confidential shall result in
16removal of records of discipline from records kept pursuant to
17Sections 2105-200 and 2105-205 of this Act.
18    (d) Any applicant for licensure or a licensee whose
19petition for review is granted by the Department pursuant to
20subsection (a-1) of Section 2105-165 of this Law may file an
21application with the Department on forms provided by the
22Department to have records relating to his or her permanent
23denial or permanent revocation classified as confidential and
24not for public release and considered expunged for reporting
25purposes in the same manner and under the same terms as is
26provided in this Section for the offenses listed in subsection



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1(b) of this Section, except that the requirements of a 7-year
2waiting period and the $200 application fee do not apply.
3(Source: P.A. 98-816, eff. 8-1-14.)
4    Section 99. Effective date. This Act takes effect upon
5becoming law.