Illinois General Assembly - Full Text of SB3109
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Full Text of SB3109  100th General Assembly




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1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Department of Professional Regulation Law of
5the Civil Administrative Code of Illinois is amended by
6changing Section 2105-15 and by adding Section 2105-140 as
8    (20 ILCS 2105/2105-15)
9    Sec. 2105-15. General powers and duties.
10    (a) The Department has, subject to the provisions of the
11Civil Administrative Code of Illinois, the following powers and
13        (1) To authorize examinations in English to ascertain
14    the qualifications and fitness of applicants to exercise
15    the profession, trade, or occupation for which the
16    examination is held.
17        (2) To prescribe rules and regulations for a fair and
18    wholly impartial method of examination of candidates to
19    exercise the respective professions, trades, or
20    occupations.
21        (3) To pass upon the qualifications of applicants for
22    licenses, certificates, and authorities, whether by
23    examination, by reciprocity, or by endorsement.



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



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1    report.
2        The Department shall deny any license or renewal
3    authorized by the Civil Administrative Code of Illinois to
4    any person who has defaulted on an educational loan or
5    scholarship provided by or guaranteed by the Illinois
6    Student Assistance Commission or any governmental agency
7    of this State; however, the Department may issue a license
8    or renewal if the aforementioned persons have established a
9    satisfactory repayment record as determined by the
10    Illinois Student Assistance Commission or other
11    appropriate governmental agency of this State.
12    Additionally, beginning June 1, 1996, any license issued by
13    the Department may be suspended or revoked if the
14    Department, after the opportunity for a hearing under the
15    appropriate licensing Act, finds that the licensee has
16    failed to make satisfactory repayment to the Illinois
17    Student Assistance Commission for a delinquent or
18    defaulted loan. For the purposes of this Section,
19    "satisfactory repayment record" shall be defined by rule.
20        The Department shall refuse to issue or renew a license
21    to, or shall suspend or revoke a license of, any person
22    who, after receiving notice, fails to comply with a
23    subpoena or warrant relating to a paternity or child
24    support proceeding. However, the Department may issue a
25    license or renewal upon compliance with the subpoena or
26    warrant.



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1        The Department, without further process or hearings,
2    shall revoke, suspend, or deny any license or renewal
3    authorized by the Civil Administrative Code of Illinois to
4    a person who is certified by the Department of Healthcare
5    and Family Services (formerly Illinois Department of
6    Public Aid) as being more than 30 days delinquent in
7    complying with a child support order or who is certified by
8    a court as being in violation of the Non-Support Punishment
9    Act for more than 60 days. The Department may, however,
10    issue a license or renewal if the person has established a
11    satisfactory repayment record as determined by the
12    Department of Healthcare and Family Services (formerly
13    Illinois Department of Public Aid) or if the person is
14    determined by the court to be in compliance with the
15    Non-Support Punishment Act. The Department may implement
16    this paragraph as added by Public Act 89-6 through the use
17    of emergency rules in accordance with Section 5-45 of the
18    Illinois Administrative Procedure Act. For purposes of the
19    Illinois Administrative Procedure Act, the adoption of
20    rules to implement this paragraph shall be considered an
21    emergency and necessary for the public interest, safety,
22    and welfare.
23        (6) To transfer jurisdiction of any realty under the
24    control of the Department to any other department of the
25    State Government or to acquire or accept federal lands when
26    the transfer, acquisition, or acceptance is advantageous



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



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1    Reporting Act. The Department shall adopt any rules
2    necessary to implement this paragraph.
3        (9) To perform other duties prescribed by law.
4    (a-5) Except in cases involving default on an educational
5loan or scholarship provided by or guaranteed by the Illinois
6Student Assistance Commission or any governmental agency of
7this State or in cases involving delinquency in complying with
8a child support order or violation of the Non-Support
9Punishment Act and notwithstanding anything that may appear in
10any individual licensing Act or administrative rule, no person
11or entity whose license, certificate, or authority has been
12revoked as authorized in any licensing Act administered by the
13Department may apply for restoration of that license,
14certification, or authority until 3 years after the effective
15date of the revocation.
16    (b) (Blank).
17    (c) For the purpose of securing and preparing evidence, and
18for the purchase of controlled substances, professional
19services, and equipment necessary for enforcement activities,
20recoupment of investigative costs, and other activities
21directed at suppressing the misuse and abuse of controlled
22substances, including those activities set forth in Sections
23504 and 508 of the Illinois Controlled Substances Act, the
24Director and agents appointed and authorized by the Director
25may expend sums from the Professional Regulation Evidence Fund
26that the Director deems necessary from the amounts appropriated



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



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1the Department of State Police is authorized to furnish,
2pursuant to positive identification, the information contained
3in State files that is necessary to fulfill the request.
4    (e) The provisions of this Section do not apply to private
5business and vocational schools as defined by Section 15 of the
6Private Business and Vocational Schools Act of 2012.
7    (f) (Blank).
8    (f-5) Notwithstanding anything that may appear in any
9individual licensing statute or administrative rule, the
10Department shall allow an applicant to provide his or her
11individual taxpayer identification number as an alternative to
12providing a social security number when applying for a license.
13    (g) Notwithstanding anything that may appear in any
14individual licensing statute or administrative rule, the
15Department shall deny any license application or renewal
16authorized under any licensing Act administered by the
17Department to any person who has failed to file a return, or to
18pay the tax, penalty, or interest shown in a filed return, or
19to pay any final assessment of tax, penalty, or interest, as
20required by any tax Act administered by the Illinois Department
21of Revenue, until such time as the requirement of any such tax
22Act are satisfied; however, the Department may issue a license
23or renewal if the person has established a satisfactory
24repayment record as determined by the Illinois Department of
25Revenue. For the purpose of this Section, "satisfactory
26repayment record" shall be defined by rule.



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1    In addition, a complaint filed with the Department by the
2Illinois Department of Revenue that includes a certification,
3signed by its Director or designee, attesting to the amount of
4the unpaid tax liability or the years for which a return was
5not filed, or both, is prima facie evidence of the licensee's
6failure to comply with the tax laws administered by the
7Illinois Department of Revenue. Upon receipt of that
8certification, the Department shall, without a hearing,
9immediately suspend all licenses held by the licensee.
10Enforcement of the Department's order shall be stayed for 60
11days. The Department shall provide notice of the suspension to
12the licensee by mailing a copy of the Department's order to the
13licensee's address of record or emailing a copy of the order to
14the licensee's email address of record. The notice shall advise
15the licensee that the suspension shall be effective 60 days
16after the issuance of the Department's order unless the
17Department receives, from the licensee, a request for a hearing
18before the Department to dispute the matters contained in the
20    Any suspension imposed under this subsection (g) shall be
21terminated by the Department upon notification from the
22Illinois Department of Revenue that the licensee is in
23compliance with all tax laws administered by the Illinois
24Department of Revenue.
25    The Department may promulgate rules for the administration
26of this subsection (g).



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1    (h) The Department may grant the title "Retired", to be
2used immediately adjacent to the title of a profession
3regulated by the Department, to eligible retirees. For
4individuals licensed under the Medical Practice Act of 1987,
5the title "Retired" may be used in the profile required by the
6Patients' Right to Know Act. The use of the title "Retired"
7shall not constitute representation of current licensure,
8registration, or certification. Any person without an active
9license, registration, or certificate in a profession that
10requires licensure, registration, or certification shall not
11be permitted to practice that profession.
12    (i) Within 180 days after December 23, 2009 (the effective
13date of Public Act 96-852), the Department shall promulgate
14rules which permit a person with a criminal record, who seeks a
15license or certificate in an occupation for which a criminal
16record is not expressly a per se bar, to apply to the
17Department for a non-binding, advisory opinion to be provided
18by the Board or body with the authority to issue the license or
19certificate as to whether his or her criminal record would bar
20the individual from the licensure or certification sought,
21should the individual meet all other licensure requirements
22including, but not limited to, the successful completion of the
23relevant examinations.
24(Source: P.A. 99-85, eff. 1-1-16; 99-227, eff. 8-3-15; 99-330,
25eff. 8-10-15; 99-642, eff. 7-28-16; 99-933, eff. 1-27-17;
26100-262, eff. 8-22-17; revised 10-4-17.)



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1    (20 ILCS 2105/2105-140 new)
2    Sec. 2105-140. Licensure; immigration status. No person
3shall be denied a license, certificate, limited permit, or
4registration issued by the Department solely based on his or
5her citizenship status or immigration status. The General
6Assembly finds and declares that this Section is a State law
7within the meaning of subsection (d) of Section 1621 of Title 8
8of the United States Code. Nothing in this Section shall affect
9the requirements to obtain a professional license that are not
10directly related to citizenship status or immigration status.
11Nothing in this Section shall be construed to grant eligibility
12for obtaining any public benefit other than a professional
13license issued by the Department.
14    Section 10. The School Code is amended by changing Section
1521B-15 as follows:
16    (105 ILCS 5/21B-15)
17    Sec. 21B-15. Qualifications of educators.
18    (a) No one may be licensed to teach or supervise or be
19otherwise employed in the public schools of this State who is
20not of good character and at least 19 years of age.
21    In determining good character under this Section, the State
22Superintendent of Education shall take into consideration the
23disciplinary actions of other states or national entities



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1against certificates or licenses issued by those states and
2held by individuals from those states. In addition, any felony
3conviction of the applicant may be taken into consideration;
4however, no one may be licensed to teach or supervise in the
5public schools of this State who has been convicted of (i) an
6offense set forth in subsection (b) of Section 21B-80 of this
7Code until 7 years following the end of the sentence for the
8criminal offense or (ii) an offense set forth in subsection (c)
9of Section 21B-80 of this Code. Unless the conviction is for an
10offense set forth in Section 21B-80 of this Code, an applicant
11must be permitted to submit character references or other
12written material before such a conviction or other information
13regarding the applicant's character may be used by the State
14Superintendent of Education as a basis for denying the
16    (b) No person otherwise qualified shall be denied the right
17to be licensed or to receive training for the purpose of
18becoming an educator because of a physical disability,
19including, but not limited to, visual and hearing disabilities;
20nor shall any school district refuse to employ a teacher on
21such grounds, provided that the person is able to carry out the
22duties of the position for which he or she applies.
23    (c) No person may be granted or continue to hold an
24educator license who has knowingly altered or misrepresented
25his or her qualifications, in this State or any other state, in
26order to acquire or renew the license. Any other license issued



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1under this Article held by the person may be suspended or
2revoked by the State Educator Preparation and Licensure Board,
3depending upon the severity of the alteration or
5    (d) No one may teach or supervise in the public schools nor
6receive for teaching or supervising any part of any public
7school fund who does not hold an educator license granted by
8the State Superintendent of Education as provided in this
9Article. However, the provisions of this Article do not apply
10to a member of the armed forces who is employed as a teacher of
11subjects in the Reserve Officers' Training Corps of any school,
12nor to an individual teaching a dual credit course as provided
13for in the Dual Credit Quality Act.
14    (e) Notwithstanding any other provision of this Code, the
15school board of a school district may grant to a teacher of the
16district a leave of absence with full pay for a period of not
17more than one year to permit the teacher to teach in a foreign
18state under the provisions of the Exchange Teacher Program
19established under Public Law 584, 79th Congress, and Public Law
20402, 80th Congress, as amended. The school board granting the
21leave of absence may employ, with or without pay, a national of
22the foreign state wherein the teacher on the leave of absence
23is to teach if the national is qualified to teach in that
24foreign state and if that national is to teach in a grade level
25similar to the one that was taught in the foreign state. The
26State Board of Education, in consultation with the State



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1Educator Preparation and Licensure Board, may adopt rules as
2may be necessary to implement this subsection (e).
3    (f) No person shall be denied a license issued under this
4Article solely based on his or her citizenship status or
5immigration status. The General Assembly finds and declares
6that this subsection (f) is a State law within the meaning of
7subsection (d) of Section 1621 of Title 8 of the United States
8Code. Nothing in this subsection shall affect the requirements
9to obtain a license that are not directly related to
10citizenship status or immigration status. Nothing in this
11subsection shall be construed to grant eligibility for
12obtaining any public benefit other than a license issued under
13this Article.
14(Source: P.A. 99-667, eff. 7-29-16; 100-13, eff. 7-1-17.)
15    Section 15. The Pharmacy Practice Act is amended by
16changing Section 6 as follows:
17    (225 ILCS 85/6)  (from Ch. 111, par. 4126)
18    (Section scheduled to be repealed on January 1, 2020)
19    Sec. 6. Each individual seeking licensure as a registered
20pharmacist shall make application to the Department and shall
21provide evidence of the following:
22        1. (blank); that he or she is a United States citizen
23    or legally admitted alien;
24        2. that he or she has not engaged in conduct or



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1    behavior determined to be grounds for discipline under this
2    Act;
3        3. that he or she is a graduate of a first professional
4    degree program in pharmacy of a university recognized and
5    approved by the Department;
6        4. that he or she has successfully completed a program
7    of practice experience under the direct supervision of a
8    pharmacist in a pharmacy in this State, or in any other
9    State; and
10        5. that he or she has passed an examination recommended
11    by the Board of Pharmacy and authorized by the Department.
12    The Department shall issue a license as a registered
13pharmacist to any applicant who has qualified as aforesaid and
14who has filed the required applications and paid the required
15fees in connection therewith; and such registrant shall have
16the authority to practice the profession of pharmacy in this
18(Source: P.A. 95-689, eff. 10-29-07.)