Full Text of SB3043 93rd General Assembly
SB3043 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB3043
Introduced 2/6/2004, by David Luechtefeld, Frank C. Watson, Kirk W. Dillard, John O. Jones SYNOPSIS AS INTRODUCED: |
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20 ILCS 2105/2105-15 |
was 20 ILCS 2105/60 |
20 ILCS 2310/2310-610 new |
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215 ILCS 5/155.18a new |
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Amends the Illinois Insurance Code. Requires the Director of Insurance to establish a Medical Liability Insurance Resource Clearinghouse containing the names, street addresses, telephone numbers, and company website addresses of all licensed, certified, or registered companies and insurance producers providing medical liability insurance to health care professionals or health care providers in this State. Requires the Department to provide the public with access to the information contained in the Clearinghouse upon written request and posting it on the Department's website. Amends the Department of Professional Regulation Law of the
Civil Administrative Code of Illinois to require the Department to include a link on the Department's website to the Medical Liability Insurance Resource Clearinghouse and to include a written notice about the Clearinghouse with any license renewal information for all health care professions regulated by the Department. Amends the Department of Public Health Powers and Duties Law of the
Civil Administrative Code of Illinois to require the Department of Public Health to include a link on the Department's website to the Medical Liability Insurance Resource Clearinghouse and to include a written notice about the Clearinghouse with any license renewal information for all facilities, equipment, or providers regulated by the Department. Effective immediately.
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A BILL FOR
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SB3043 |
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LRB093 20677 SAS 46546 b |
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| AN ACT concerning insurance.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Department of Professional Regulation Law of | 5 |
| the
Civil Administrative Code of Illinois is amended by | 6 |
| changing Section 2105-15 as follows:
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| (20 ILCS 2105/2105-15) (was 20 ILCS 2105/60)
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| Sec. 2105-15. General powers and duties. (a) The | 9 |
| Department has, subject to the provisions of the Civil
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| Administrative Code of Illinois, the following powers and | 11 |
| duties:
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| (1) To authorize examinations in English to ascertain | 13 |
| the qualifications
and fitness of applicants to exercise | 14 |
| the profession, trade, or occupation for
which the | 15 |
| examination is held.
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| (2) To prescribe rules and regulations for a fair and | 17 |
| wholly
impartial method of examination of candidates to | 18 |
| exercise the respective
professions, trades, or | 19 |
| occupations.
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| (3) To pass upon the qualifications of applicants for | 21 |
| licenses,
certificates, and authorities, whether by | 22 |
| examination, by reciprocity, or by
endorsement.
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| (4) To prescribe rules and regulations defining, for | 24 |
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respective
professions, trades, and occupations, what | 25 |
| shall constitute a school,
college, or university, or | 26 |
| department of a university, or other
institution, | 27 |
| reputable and in good standing, and to determine the
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| reputability and good standing of a school, college, or | 29 |
| university, or
department of a university, or other | 30 |
| institution, reputable and in good
standing, by reference | 31 |
| to a compliance with those rules and regulations;
provided, | 32 |
| that no school, college, or university, or department of a
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LRB093 20677 SAS 46546 b |
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| university, or other institution that refuses admittance | 2 |
| to applicants
solely on account of race, color, creed, sex, | 3 |
| or national origin shall be
considered reputable and in | 4 |
| good standing.
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| (5) To conduct hearings on proceedings to revoke, | 6 |
| suspend, refuse to
renew, place on probationary status, or | 7 |
| take other disciplinary action
as authorized in any | 8 |
| licensing Act administered by the Department
with regard to | 9 |
| licenses, certificates, or authorities of persons
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| exercising the respective professions, trades, or | 11 |
| occupations and to
revoke, suspend, refuse to renew, place | 12 |
| on probationary status, or take
other disciplinary action | 13 |
| as authorized in any licensing Act
administered by the | 14 |
| Department with regard to those licenses,
certificates, or | 15 |
| authorities. The Department shall issue a monthly
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| disciplinary report. The Department shall deny any license | 17 |
| or
renewal authorized by the Civil Administrative Code of | 18 |
| Illinois to any person
who has defaulted on an
educational | 19 |
| loan or scholarship provided by or guaranteed by the | 20 |
| Illinois
Student Assistance Commission or any governmental | 21 |
| agency of this State;
however, the Department may issue a | 22 |
| license or renewal if the
aforementioned persons have | 23 |
| established a satisfactory repayment record as
determined | 24 |
| by the Illinois Student Assistance Commission or other | 25 |
| appropriate
governmental agency of this State. | 26 |
| Additionally, beginning June 1, 1996,
any license issued by | 27 |
| the Department may be suspended or revoked if the
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| Department, after the opportunity for a hearing under the | 29 |
| appropriate licensing
Act, finds that the licensee has | 30 |
| failed to make satisfactory repayment to the
Illinois | 31 |
| Student Assistance Commission for a delinquent or | 32 |
| defaulted loan.
For the purposes of this Section, | 33 |
| "satisfactory repayment record" shall be
defined by rule. | 34 |
| The Department shall refuse to issue or renew a license to,
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| or shall suspend or revoke a license of, any person who, | 36 |
| after receiving
notice, fails to comply with a subpoena or |
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LRB093 20677 SAS 46546 b |
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| warrant relating to a paternity or
child support | 2 |
| proceeding. However, the Department may issue a license or
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| renewal upon compliance with the subpoena or warrant.
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| The Department, without further process or hearings, | 5 |
| shall revoke, suspend,
or deny any license or renewal | 6 |
| authorized by the Civil Administrative Code of
Illinois to | 7 |
| a person who is certified by the Illinois Department of | 8 |
| Public Aid
as being more than 30 days delinquent in | 9 |
| complying with a child support order
or who is certified by | 10 |
| a court as being in violation of the Non-Support
Punishment | 11 |
| Act for more than 60 days. The Department may, however, | 12 |
| issue a
license or renewal if the person has established a | 13 |
| satisfactory repayment
record as determined by the | 14 |
| Illinois Department of Public Aid or if the person
is | 15 |
| determined by the court to be in compliance with the | 16 |
| Non-Support Punishment
Act. The Department may implement | 17 |
| this paragraph as added by Public Act 89-6
through the use | 18 |
| of emergency rules in accordance with Section 5-45 of the
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| Illinois Administrative Procedure Act. For purposes of the | 20 |
| Illinois
Administrative Procedure Act, the adoption of | 21 |
| rules to implement this
paragraph shall be considered an | 22 |
| emergency and necessary for the public
interest, safety, | 23 |
| and welfare.
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| (6) To transfer jurisdiction of any realty under the | 25 |
| control of the
Department to any other department of the | 26 |
| State Government or to acquire
or accept federal lands when | 27 |
| the transfer, acquisition, or acceptance is
advantageous | 28 |
| to the State and is approved in writing by the Governor.
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| (7) To formulate rules and regulations necessary for | 30 |
| the enforcement of
any Act administered by the Department.
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| (8) To exchange with the Illinois Department of Public | 32 |
| Aid information
that may be necessary for the enforcement | 33 |
| of child support orders entered
pursuant to the Illinois | 34 |
| Public Aid Code, the Illinois Marriage and Dissolution
of | 35 |
| Marriage Act, the Non-Support of Spouse and Children Act, | 36 |
| the Non-Support
Punishment Act, the Revised Uniform |
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| Reciprocal Enforcement of Support Act, the
Uniform | 2 |
| Interstate Family Support Act, or the Illinois Parentage | 3 |
| Act of 1984.
Notwithstanding any provisions in this Code to | 4 |
| the contrary, the Department of
Professional Regulation | 5 |
| shall not be liable under any federal or State law to
any | 6 |
| person for any disclosure of information to the Illinois | 7 |
| Department of
Public Aid under this paragraph (8) or for | 8 |
| any other action taken in good faith
to comply with the | 9 |
| requirements of this paragraph (8).
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| (9) To perform other duties prescribed
by law.
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| (10) To create a link on the Department's website to | 12 |
| the Medical Liability Insurance Resource Clearinghouse | 13 |
| maintained on the Department of Insurance's website and to | 14 |
| include a written notice about the Clearinghouse with any | 15 |
| license renewal information for all health care | 16 |
| professions regulated by the Department.
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| (b) The Department may, when a fee is payable to the | 18 |
| Department for a wall
certificate of registration provided by | 19 |
| the Department of Central Management
Services, require that | 20 |
| portion of the payment for printing and distribution
costs be | 21 |
| made directly or through the Department to the Department of | 22 |
| Central
Management Services for deposit into the Paper and | 23 |
| Printing Revolving Fund.
The remainder shall be deposited into | 24 |
| the General Revenue Fund.
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| (c) For the purpose of securing and preparing evidence, and | 26 |
| for the purchase
of controlled substances, professional | 27 |
| services, and equipment necessary for
enforcement activities, | 28 |
| recoupment of investigative costs, and other activities
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| directed at suppressing the misuse and abuse of controlled | 30 |
| substances,
including those activities set forth in Sections | 31 |
| 504 and 508 of the Illinois
Controlled Substances Act, the | 32 |
| Director and agents appointed and authorized by
the Director | 33 |
| may expend sums from the Professional Regulation Evidence Fund
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| that the Director deems necessary from the amounts appropriated | 35 |
| for that
purpose. Those sums may be advanced to the agent when | 36 |
| the Director deems that
procedure to be in the public interest. |
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LRB093 20677 SAS 46546 b |
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| Sums for the purchase of controlled
substances, professional | 2 |
| services, and equipment necessary for enforcement
activities | 3 |
| and other activities as set forth in this Section shall be | 4 |
| advanced
to the agent who is to make the purchase from the | 5 |
| Professional Regulation
Evidence Fund on vouchers signed by the | 6 |
| Director. The Director and those
agents are authorized to | 7 |
| maintain one or more commercial checking accounts with
any | 8 |
| State banking corporation or corporations organized under or | 9 |
| subject to the
Illinois Banking Act for the deposit and | 10 |
| withdrawal of moneys to be used for
the purposes set forth in | 11 |
| this Section; provided, that no check may be written
nor any | 12 |
| withdrawal made from any such account except upon the written
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| signatures of 2 persons designated by the Director to write | 14 |
| those checks and
make those withdrawals. Vouchers for those | 15 |
| expenditures must be signed by the
Director. All such | 16 |
| expenditures shall be audited by the Director, and the
audit | 17 |
| shall be submitted to the Department of Central Management | 18 |
| Services for
approval.
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| (d) Whenever the Department is authorized or required by | 20 |
| law to consider
some aspect of criminal history record | 21 |
| information for the purpose of carrying
out its statutory | 22 |
| powers and responsibilities, then, upon request and payment
of | 23 |
| fees in conformance with the requirements of Section 2605-400 | 24 |
| of the
Department of State Police Law (20 ILCS 2605/2605-400), | 25 |
| the Department of State
Police is authorized to furnish, | 26 |
| pursuant to positive identification, the
information contained | 27 |
| in State files that is necessary to fulfill the request.
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| (e) The provisions of this Section do not apply to private | 29 |
| business and
vocational schools as defined by Section 1 of the | 30 |
| Private Business and
Vocational Schools Act.
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| (f) Beginning July 1, 1995, this Section does not apply to | 32 |
| those
professions, trades, and occupations licensed under the | 33 |
| Real Estate License
Act of 2000, nor does it apply to any | 34 |
| permits, certificates, or other
authorizations to do business | 35 |
| provided for in the Land Sales Registration Act
of 1989 or the | 36 |
| Illinois Real Estate Time-Share Act.
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SB3043 |
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LRB093 20677 SAS 46546 b |
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| (Source: P.A. 91-239, eff. 1-1-00; 91-245, eff. 12-31-99;
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| 91-613, eff. 10-1-99; 92-16, eff. 6-28-01.)
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| Section 10. The Department of Public Health Powers and | 4 |
| Duties Law of the
Civil Administrative Code of Illinois is | 5 |
| amended by adding Section 2310-610 as follows: | 6 |
| (20 ILCS 2310/2310-610 new) | 7 |
| Sec. 2310-610. The Medical Liability Insurance | 8 |
| Clearinghouse; notice. To create a link on the Department's | 9 |
| website to the Medical Liability Insurance Resource | 10 |
| Clearinghouse maintained on the Department of Insurance's | 11 |
| website and to include a written notice about the Clearinghouse | 12 |
| with any license renewal information for all health care | 13 |
| facilities, equipment, or providers regulated by the | 14 |
| Department. | 15 |
| Section 15. The Illinois Insurance Code is amended by | 16 |
| adding Section 155.18a as follows: | 17 |
| (215 ILCS 5/155.18a new) | 18 |
| Sec. 155.18a. The Medical Liability Insurance Resource | 19 |
| Clearinghouse. The Director of Insurance shall establish a | 20 |
| Medical Liability Insurance Resource Clearinghouse. The | 21 |
| Clearinghouse shall be a list containing the names, street | 22 |
| addresses, telephone numbers, and company website addresses of | 23 |
| (i) all licensed, certified, or registered companies providing | 24 |
| medical liability insurance in this State to any health care | 25 |
| professionals or health care providers as defined in the | 26 |
| Managed Care Reform and Patients Rights Act, and (ii) all | 27 |
| insurance producers, as defined in Article XXXI of the Illinois | 28 |
| Insurance Code, that provide access to medical liability | 29 |
| insurance in this State to any health care professionals or | 30 |
| health care providers as defined in the Managed Care Reform and | 31 |
| Patients Rights Act. The Clearinghouse shall be maintained on | 32 |
| the Department's website and made available to the public upon |
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SB3043 |
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LRB093 20677 SAS 46546 b |
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| written request.
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| Section 99. Effective date. This Act takes effect upon | 3 |
| becoming law.
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