State of Illinois
2013 and 2014


Introduced , by Rep. Michael J. Zalewski


20 ILCS 2105/2105-15
20 ILCS 2105/2105-17 new

    Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Provides the Department of Financial and Professional Regulation with the authority to grant volunteer licenses to licensed health care professionals. Defines "volunteer practice" and provides that a health care professional practicing under a volunteer license shall engage only in volunteer practice. Further provides that a volunteer license shall be granted in accordance with the requirements of the licensing Act that applies to the health care professional's given field of health care practice and that the licensure fee shall be waived.

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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 2105-17 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    or national origin shall be considered reputable and in
14    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. The Department shall issue a monthly
26    disciplinary report. The Department shall deny any license



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1    or renewal authorized by the Civil Administrative Code of
2    Illinois to any person who has defaulted on an educational
3    loan or scholarship provided by or guaranteed by the
4    Illinois Student Assistance Commission or any governmental
5    agency of this State; however, the Department may issue a
6    license or renewal if the aforementioned persons have
7    established a satisfactory repayment record as determined
8    by the Illinois Student Assistance Commission or other
9    appropriate governmental agency of this State.
10    Additionally, beginning June 1, 1996, any license issued by
11    the Department may be suspended or revoked if the
12    Department, after the opportunity for a hearing under the
13    appropriate licensing Act, finds that the licensee has
14    failed to make satisfactory repayment to the Illinois
15    Student Assistance Commission for a delinquent or
16    defaulted loan. For the purposes of this Section,
17    "satisfactory repayment record" shall be defined by rule.
18    The Department shall refuse to issue or renew a license to,
19    or shall suspend or revoke a license of, any person who,
20    after receiving notice, fails to comply with a subpoena or
21    warrant relating to a paternity or child support
22    proceeding. However, the Department may issue a license or
23    renewal upon compliance with the subpoena or warrant.
24        The Department, without further process or hearings,
25    shall revoke, suspend, or deny any license or renewal
26    authorized by the Civil Administrative Code of Illinois to



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1    a person who is certified by the Department of Healthcare
2    and Family Services (formerly Illinois Department of
3    Public Aid) as being more than 30 days delinquent in
4    complying with a child support order or who is certified by
5    a court as being in violation of the Non-Support Punishment
6    Act for more than 60 days. The Department may, however,
7    issue a license or renewal if the person has established a
8    satisfactory repayment record as determined by the
9    Department of Healthcare and Family Services (formerly
10    Illinois Department of Public Aid) or if the person is
11    determined by the court to be in compliance with the
12    Non-Support Punishment Act. The Department may implement
13    this paragraph as added by Public Act 89-6 through the use
14    of emergency rules in accordance with Section 5-45 of the
15    Illinois Administrative Procedure Act. For purposes of the
16    Illinois Administrative Procedure Act, the adoption of
17    rules to implement this paragraph shall be considered an
18    emergency and necessary for the public interest, safety,
19    and welfare.
20        (6) To transfer jurisdiction of any realty under the
21    control of the Department to any other department of the
22    State Government or to acquire or accept federal lands when
23    the transfer, acquisition, or acceptance is advantageous
24    to the State and is approved in writing by the Governor.
25        (7) To formulate rules and regulations necessary for
26    the enforcement of any Act administered by the Department.



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1        (8) To exchange with the Department of Healthcare and
2    Family Services information that may be necessary for the
3    enforcement of child support orders entered pursuant to the
4    Illinois Public Aid Code, the Illinois Marriage and
5    Dissolution of Marriage Act, the Non-Support of Spouse and
6    Children Act, the Non-Support Punishment Act, the Revised
7    Uniform Reciprocal Enforcement of Support Act, the Uniform
8    Interstate Family Support Act, or the Illinois Parentage
9    Act of 1984. Notwithstanding any provisions in this Code to
10    the contrary, the Department of Professional Regulation
11    shall not be liable under any federal or State law to any
12    person for any disclosure of information to the Department
13    of Healthcare and Family Services (formerly Illinois
14    Department of Public Aid) under this paragraph (8) or for
15    any other action taken in good faith to comply with the
16    requirements of this paragraph (8).
17        (9) To perform other duties prescribed by law.
18    (a-5) Except in cases involving default on an educational
19loan or scholarship provided by or guaranteed by the Illinois
20Student Assistance Commission or any governmental agency of
21this State or in cases involving delinquency in complying with
22a child support order or violation of the Non-Support
23Punishment Act, no person or entity whose license, certificate,
24or authority has been revoked as authorized in any licensing
25Act administered by the Department may apply for restoration of
26that license, certification, or authority until 3 years after



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1the effective date of the revocation.
2    (b) The Department may, when a fee is payable to the
3Department for a wall certificate of registration provided by
4the Department of Central Management Services, require that
5portion of the payment for printing and distribution costs be
6made directly or through the Department to the Department of
7Central Management Services for deposit into the Paper and
8Printing Revolving Fund. The remainder shall be deposited into
9the General Revenue Fund.
10    (c) For the purpose of securing and preparing evidence, and
11for the purchase of controlled substances, professional
12services, and equipment necessary for enforcement activities,
13recoupment of investigative costs, and other activities
14directed at suppressing the misuse and abuse of controlled
15substances, including those activities set forth in Sections
16504 and 508 of the Illinois Controlled Substances Act, the
17Director and agents appointed and authorized by the Director
18may expend sums from the Professional Regulation Evidence Fund
19that the Director deems necessary from the amounts appropriated
20for that purpose. Those sums may be advanced to the agent when
21the Director deems that procedure to be in the public interest.
22Sums for the purchase of controlled substances, professional
23services, and equipment necessary for enforcement activities
24and other activities as set forth in this Section shall be
25advanced to the agent who is to make the purchase from the
26Professional Regulation Evidence Fund on vouchers signed by the



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1Director. The Director and those agents are authorized to
2maintain one or more commercial checking accounts with any
3State banking corporation or corporations organized under or
4subject to the Illinois Banking Act for the deposit and
5withdrawal of moneys to be used for the purposes set forth in
6this Section; provided, that no check may be written nor any
7withdrawal made from any such account except upon the written
8signatures of 2 persons designated by the Director to write
9those checks and make those withdrawals. Vouchers for those
10expenditures must be signed by the Director. All such
11expenditures shall be audited by the Director, and the audit
12shall be submitted to the Department of Central Management
13Services for approval.
14    (d) Whenever the Department is authorized or required by
15law to consider some aspect of criminal history record
16information for the purpose of carrying out its statutory
17powers and responsibilities, then, upon request and payment of
18fees in conformance with the requirements of Section 2605-400
19of the Department of State Police Law (20 ILCS 2605/2605-400),
20the Department of State Police is authorized to furnish,
21pursuant to positive identification, the information contained
22in State files that is necessary to fulfill the request.
23    (e) The provisions of this Section do not apply to private
24business and vocational schools as defined by Section 15 of the
25Private Business and Vocational Schools Act of 2012.
26    (f) Beginning July 1, 1995, this Section does not apply to



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1those professions, trades, and occupations licensed under the
2Real Estate License Act of 2000, nor does it apply to any
3permits, certificates, or other authorizations to do business
4provided for in the Land Sales Registration Act of 1989 or the
5Illinois Real Estate Time-Share Act.
6    (g) Notwithstanding anything that may appear in any
7individual licensing statute or administrative rule, the
8Department shall deny any license application or renewal
9authorized under any licensing Act administered by the
10Department to any person who has failed to file a return, or to
11pay the tax, penalty, or interest shown in a filed return, or
12to pay any final assessment of tax, penalty, or interest, as
13required by any tax Act administered by the Illinois Department
14of Revenue, until such time as the requirement of any such tax
15Act are satisfied; however, the Department may issue a license
16or renewal if the person has established a satisfactory
17repayment record as determined by the Illinois Department of
18Revenue. For the purpose of this Section, "satisfactory
19repayment record" shall be defined by rule.
20    In addition, a complaint filed with the Department by the
21Illinois Department of Revenue that includes a certification,
22signed by its Director or designee, attesting to the amount of
23the unpaid tax liability or the years for which a return was
24not filed, or both, is prima facie facia evidence of the
25licensee's failure to comply with the tax laws administered by
26the Illinois Department of Revenue. Upon receipt of that



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1certification, the Department shall, without a hearing,
2immediately suspend all licenses held by the licensee.
3Enforcement of the Department's order shall be stayed for 60
4days. The Department shall provide notice of the suspension to
5the licensee by mailing a copy of the Department's order by
6certified and regular mail to the licensee's last known address
7as registered with the Department. The notice shall advise the
8licensee that the suspension shall be effective 60 days after
9the issuance of the Department's order unless the Department
10receives, from the licensee, a request for a hearing before the
11Department to dispute the matters contained in the order.
12    Any suspension imposed under this subsection (g) shall be
13terminated by the Department upon notification from the
14Illinois Department of Revenue that the licensee is in
15compliance with all tax laws administered by the Illinois
16Department of Revenue.
17    The Department shall promulgate rules for the
18administration of this subsection (g).
19    (h) The Department may grant the title "Retired", to be
20used immediately adjacent to the title of a profession
21regulated by the Department, to eligible retirees. The use of
22the title "Retired" shall not constitute representation of
23current licensure, registration, or certification. Any person
24without an active license, registration, or certificate in a
25profession that requires licensure, registration, or
26certification shall not be permitted to practice that



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2    (i) Within 180 days after December 23, 2009 (the effective
3date of Public Act 96-852), the Department shall promulgate
4rules which permit a person with a criminal record, who seeks a
5license or certificate in an occupation for which a criminal
6record is not expressly a per se bar, to apply to the
7Department for a non-binding, advisory opinion to be provided
8by the Board or body with the authority to issue the license or
9certificate as to whether his or her criminal record would bar
10the individual from the licensure or certification sought,
11should the individual meet all other licensure requirements
12including, but not limited to, the successful completion of the
13relevant examinations.
14    (j) The Department may grant health care professionals
15volunteer licenses in accordance with the provisions of Section
162105-17 of this Act.
17(Source: P.A. 96-459, eff. 8-14-09; 96-852, eff. 12-23-09;
1896-1000, eff. 7-2-10; 97-650, eff. 2-1-12; revised 9-9-13.)
19    (20 ILCS 2105/2105-17 new)
20    Sec. 2105-17. Volunteer licenses.
21    (a) The Department may grant a volunteer license to a
22health care professional who:
23        (1) meets all requirements of the State licensing Act
24    that applies to his or her health care profession; and
25        (2) agrees to engage in the volunteer practice of his



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1    or her health care profession in a free medical clinic, as
2    defined in the Good Samaritan Act, or in a public health
3    clinic, as defined in Section 6-101 of the Local
4    Governmental and Governmental Employees Tort Immunities
5    Act, and to not practice for direct compensation outside of
6    either of these settings.
7    For the purposes of this subsection (a), "volunteer
8practice" means the practice of a licensed health care
9profession for the benefit of an individual or the public and
10without compensation for the health care services provided.
11    (b) A volunteer license shall be granted in accordance with
12the licensing Act that applies to the health care
13professional's given health care profession and the licensure
14fee shall be waived.
15    (c) For the purposes of this Section, "health care
16professional" means any individual licensed under the laws of
17this State to provide health care services, including, but not
18limited to:
19        (1) dentists and dental hygienists licensed under the
20    Illinois Dental Practice Act;
21        (2) nurses and advanced practice nurses licensed under
22    the Nurse Practice Act;
23        (3) occupational therapists licensed under the
24    Illinois Occupational Therapy Practice Act;
25        (4) optometrists licensed under the Illinois
26    Optometric Practice Act of 1987;



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1        (5) pharmacists licensed under the Pharmacy Practice
2    Act;
3        (6) physical therapists licensed under the Illinois
4    Physical Therapy Act;
5        (7) physicians licensed under the Medical Practice Act
6    of 1987;
7        (8) physician assistants licensed under the Physician
8    Assistant Practice Act of 1987;
9        (9) podiatric physicians licensed under the Podiatric
10    Medical Practice Act of 1987;
11        (10) clinical psychologists licensed under the
12    Clinical Psychologist Licensing Act;
13        (11) clinical social workers licensed under the
14    Clinical Social Work and Social Work Practice Act;
15        (12) speech-language pathologists and audiologists
16    licensed under the Illinois Speech-Language Pathology and
17    Audiology Practice Act;
18        (13) hearing instrument dispensers licensed under the
19    Hearing Instrument Consumer Protection Act; and
20        (14) any individual licensed under a successor Act to
21    any of these Acts.