State of Illinois
91st General Assembly
Legislation

   [ Search ]   [ Legislation ]
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ Enrolled ][ House Amendment 001 ]
[ Senate Amendment 001 ]

91_HB2644eng

 
HB2644 Engrossed                               LRB9101612ACmb

 1        AN ACT concerning the regulation of professions, amending
 2    named Acts.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Illinois Athletic Trainers  Practice  Act
 6    is amended by changing Section 6 as follows:

 7        (225 ILCS 5/6) (from Ch. 111, par. 7606)
 8        Sec.   6.    Athletic  Training  Board  -  Appointment  -
 9    Membership - Term - Duties.  The Director  shall  appoint  an
10    Illinois Board of Athletic Trainers as follows: 6 persons who
11    shall be appointed by and shall serve in an advisory capacity
12    to  the Director.  Two members must be licensed physicians; 3
13    members  must  be  registered  athletic  trainers   in   good
14    standing,  and  actively  engaged in the practice of athletic
15    training in this State; and 1 member must be a public  member
16    who  is  not  registered  under this Act, or a similar Act of
17    another jurisdiction, and  is  not  a  provider  of  athletic
18    health care service.
19        Members   shall  serve  4  year  terms  and  until  their
20    successors are appointed and qualified  except  that  of  the
21    initial  appointments,  1  member shall be appointed to serve
22    for one year, 2 shall be appointed to serve for  2  years,  2
23    shall  be  appointed  to serve for 3 years, and the remaining
24    one, who shall be the public member, shall  be  appointed  to
25    serve  for  4 years, and until their successors are appointed
26    and qualified.  No member shall be reappointed to  the  Board
27    for  more than 2 terms.  Appointments to fill vacancies shall
28    be made in the same manner as original appointments, for  the
29    unexpired  portion  of the vacated term.  Initial terms shall
30    begin upon the effective date of this Act.
31        The membership of the  Board  should  reasonably  reflect
 
HB2644 Engrossed            -2-                LRB9101612ACmb
 1    representation from the geographic areas in this State.
 2        The Board shall present an annual report to the Director,
 3    the  content  of which shall be set forth by the rules of the
 4    Department.
 5        The Director may terminate the appointment of any  member
 6    for  cause  which  in  the opinion of the Director reasonably
 7    justifies such termination.
 8        The Director shall consider  the  recommendation  of  the
 9    Board   on  questions  involving  standards  of  professional
10    conduct, discipline, and  qualifications  of  candidates  and
11    license holders under this Act.
12    (Source: P.A. 89-216, eff. 1-1-96.)

13        Section  10.  The Illinois Dental Practice Act is amended
14    by changing Section 16.1 as follows:

15        (225 ILCS 25/16.1) (from Ch. 111, par. 2316.1)
16        Sec. 16.1.  Continuing education.  The  Department  shall
17    promulgate rules of continuing education for persons licensed
18    under  this Act.  In establishing rules, the Department shall
19    require a minimum of 32 hours of study  in  approved  courses
20    for  dentists  during  each  2  year  licensing  period and a
21    minimum of 24 hours of study in approved courses  for  dental
22    hygienists  during  each  2  year  licensing  period.   These
23    continuing  education  rules  shall  only  apply  to licenses
24    renewed after November 1, 1992.
25        The  Department  shall  approve  only  courses  that  are
26    relevant to the treatment and care  of  patients,  including,
27    but  not limited to, clinical courses in dentistry and dental
28    hygiene and nonclinical courses such as  patient  management,
29    legal  and  ethical  responsibilities, and stress management.
30    Courses shall not be approved in such subjects as estate  and
31    financial   planning,   investments,   or   personal  health.
32    Approved courses may include, but shall not  be  limited  to,
 
HB2644 Engrossed            -3-                LRB9101612ACmb
 1    courses  that  are offered or sponsored by approved colleges,
 2    universities,  and  hospitals  and  by  recognized  national,
 3    State, and local dental and dental hygiene organizations.
 4        No  license  shall  be   renewed   unless   the   renewal
 5    application  is  accompanied  by an affidavit indicating that
 6    the applicant has completed the required  minimum  number  of
 7    hours of continuing education in approved courses as required
 8    by  this Section.   The affidavit shall not require a listing
 9    of courses. The affidavit shall be  a  prima  facie  evidence
10    that  the  applicant  has  obtained  the  minimum  number  of
11    required  continuing education hours in approved courses. The
12    Department shall not be obligated to conduct random audits or
13    otherwise independently verify that an applicant has met  the
14    continuing  education  requirement.  The Department, however,
15    may not conduct  random  audits  of  more  than  10%  of  the
16    licensed  dentists and dental hygienists in any one licensing
17    cycle  to  verify  compliance   with   continuing   education
18    requirements.   If   the   Department,  however,  receives  a
19    complaint that a licensee  has  not  completed  the  required
20    continuing  education  or  if the Department is investigating
21    another alleged violation of this  Act  by  a  licensee,  the
22    Department  may  demand  and  shall  be  entitled  to receive
23    evidence  from  any  licensee  of  completion   of   required
24    continuing  education courses for the most recently completed
25    2 year licensing period. Evidence of continuing education may
26    include, but is not limited  to,  canceled  checks,  official
27    verification  forms  of  attendance, and continuing education
28    recording forms, that  demonstrate  a  reasonable  record  of
29    attendance.  The  Illinois  State  Board  of  Dentistry shall
30    determine,  in  accordance  with   rules   adopted   by   the
31    Department,  whether  a  licensee  or  applicant  has met the
32    continuing education requirements. Any dentist who holds more
33    than one license under this Act shall be required to complete
34    only the minimum number  of  hours  of  continuing  education
 
HB2644 Engrossed            -4-                LRB9101612ACmb
 1    required for renewal of a single license.  The Department may
 2    provide by administrative rule for exemptions from continuing
 3    education  requirements.   The  exemptions shall include, but
 4    shall not be limited to, dentists and dental  hygienists  who
 5    agree  not  to practice within the State during the licensing
 6    period because they are retired from practice.
 7    (Source: P.A.  89-80,  eff.  6-30-95;  89-116,  eff.  7-7-95;
 8    90-544, eff. 1-1-98.)

 9        Section 15.  The Dietetic and Nutrition Services Practice
10    Act is amended by changing Section 85 as follows:

11        (225 ILCS 30/85) (from Ch. 111, par. 8401-85)
12        Sec. 85.  Fees.  The Department shall provide by rule for
13    a  schedule of fees for the administration and enforcement of
14    this Act, including but not limited  to  original  licensure,
15    renewal, and restoration.  The fees shall be nonrefundable.
16        All fees collected under this Act shall be deposited into
17    the   General   Professions   Dedicated  Fund  and  shall  be
18    appropriated  to  the  Department  for   the   ordinary   and
19    contingent  expenses  of the Department in the administration
20    of this Act. The following  fees  shall  be  imposed  by  the
21    Department and are not refundable:
22        (a)  A  fee  of  $100 must accompany an application for a
23    license under this Act.
24        (b)  In addition, applicants for  any  examination  as  a
25    dietitian  shall be required to pay, either to the Department
26    or to the designated testing service, a fee covering the cost
27    of providing the examination.   Failure  to  appear  for  the
28    examination  on  the  scheduled  date,  at the time and place
29    specified,  after  the  applicant's   application   for   the
30    examination   has  been  received  and  acknowledged  by  the
31    Department or the designated testing service, shall result in
32    the forfeiture of the examination fee.
 
HB2644 Engrossed            -5-                LRB9101612ACmb
 1        (c)  The fee for the renewal of a license as a  dietitian
 2    or nutrition counselor shall be $50 per year.
 3        (d)  The   fee  for  application  for  a  license  for  a
 4    dietitian or nutrition counselor licensed under the  laws  of
 5    another jurisdiction is $200.
 6        (e)  The  fee for the restoration of a license other than
 7    from inactive status  is  $25  plus  payment  of  all  lapsed
 8    renewal fees.
 9        (f)  The fee for the issuance of a duplicate license, for
10    the issuance of a replacement registration for a license that
11    has  been lost or destroyed, or for the issuance of a license
12    with a change of  name  or  address  other  than  during  the
13    renewal  period  is  $25.   No  fee  is required for name and
14    address changed  on  Department  records  where  a  duplicate
15    registration is not issued.
16        (g)  The  fee  for  certification  of  a  license for any
17    purpose is $25.
18        (h)  The fee  to  have  the  scoring  of  an  examination
19    administered  by  the Department reviewed and verified is $25
20    plus any fees charged by the applicable testing service.
21        (i)  The fee for a wall  certificate  showing  a  license
22    shall be the actual cost of producing the certificate.
23        (j)  The  fee  for a roster of licensees as dietitians or
24    nutrition counselors in this State shall be the  actual  cost
25    of producing the roster.
26        (k)  The   fee  for  initial  approval  of  a  continuing
27    education sponsor shall be  $500.  The  fee  for  renewal  of
28    sponsor approval shall be $250 every 2 years. State colleges,
29    universities,  and  State  agencies  located  in Illinois are
30    exempt from payment of this fee.
31    (Source: P.A. 87-784; 87-1000.)

32        Section  17.  The   Environmental   Health   Practitioner
33    Licensing Act is amended by changing Section 28 as follows:
 
HB2644 Engrossed            -6-                LRB9101612ACmb
 1        (225 ILCS 37/28)
 2        Sec.  28.  Fees. The Department shall provide by rule for
 3    a schedule of fees for the administration and enforcement  of
 4    this  Act,  including  but not limited to original licensure,
 5    renewal, and restoration. The fees  shall  be  nonrefundable.
 6    The  fees  imposed  under  this  Act  are  as follows and are
 7    nonrefundable:
 8        (1)  The fee for application for an environmental  health
 9    practitioner license is $100.
10        (2)  Applicants  for examination shall pay, either to the
11    Department or  to  the  designated  testing  service,  a  fee
12    covering the cost of providing the examination.
13        (3)  The fee for renewal of a license is $110 per year.
14        (4)  The  fee  for  reinstatement  of  a license that has
15    expired for less than 5 years is $20,  plus  payment  of  all
16    unpaid fees for every year that has lapsed.
17        (5)  The fee for the restoration of a license, other than
18    from  inactive  status,  is  $10  plus  payment of all lapsed
19    renewal fees.
20        (6)  The fee for the restoration of a  license  that  has
21    expired for more than 5 years is $300.
22        (7)  The  fee  for  issuance  of  a  duplicate license, a
23    replacement license that has been lost  or  destroyed,  or  a
24    license  with  a change of name or address, other than during
25    the renewal period, is $20.  No fee is required for name  and
26    address  changes  on  Department  records  when  no duplicate
27    license is issued.
28        (8)  The fee for  certification  of  a  license  for  any
29    purpose is $20.
30        (9)  The  fee for a wall certificate showing the granting
31    of a license shall  be  the  actual  cost  of  producing  the
32    certificate.
33        (10)  The  fee  for  a  roster  of  persons  licensed  as
34    environmental health practitioners in this State shall be the
 
HB2644 Engrossed            -7-                LRB9101612ACmb
 1    actual cost of production of the roster.
 2        (11)  The fee for a sponsor of continuing education shall
 3    be set by rule.
 4    (Source: P.A. 89-61, eff. 6-30-95.)

 5        Section   20.    The   Funeral  Directors  and  Embalmers
 6    Licensing Code is amended by changing Sections 15-5 and 15-65
 7    as follows:

 8        (225 ILCS 41/15-5) (from Ch. 111, par. 2825)
 9        Sec. 15-5.  Funeral Directors and Embalmers Licensing and
10    Disciplinary  Board.  A  Funeral  Directors   and   Embalmers
11    Licensing and Disciplinary Board is created and shall consist
12    of  7  persons,  6  of  whom are licensed to practice funeral
13    directing and embalming in this  State,  and  one  who  is  a
14    knowledgeable  public member.  Each member shall be appointed
15    by the Director of the Department. The persons  so  appointed
16    shall  hold  their  offices for 4 years and until a qualified
17    successor is appointed.  All  vacancies  occurring  shall  be
18    filled  by the Director for the unexpired portion of the term
19    rendered vacant.  No member shall be eligible  to  serve  for
20    more  than 2 full terms.  Any appointee may be removed by the
21    Director when in his  or  her  discretion  he  or  she  finds
22    removal  to  be in the public interest. The cause for removal
23    must be set forth in writing. The Board shall annually select
24    a chairman from its membership.  The  members  of  the  Board
25    shall be reimbursed for all legitimate and necessary expenses
26    incurred  in  attending meetings of the Board.  The Board may
27    meet as often as necessary to perform its duties  under  this
28    Code,  and  shall  meet  at least once a year in Springfield,
29    Illinois.
30        The members of the Board appointed and serving under  the
31    Funeral  Directors  and Embalmers Licensing Act of 1935 shall
32    continue to serve under the Funeral Directors  and  Embalmers
 
HB2644 Engrossed            -8-                LRB9101612ACmb
 1    Licensing  Code  and  until the expiration of their appointed
 2    terms.  These members may be reappointed  if  eligible  under
 3    this Section.
 4        The  Board  shall  submit  a  written  report,  at  least
 5    annually,  to the Director in which it shall evaluate its own
 6    and the Department's performance, inform  the  Department  of
 7    practice  developments  with  the funeral service profession,
 8    and  provide  recommendations  for  statutory  or  regulatory
 9    program changes.
10        The Department may seek the advice and recommendations of
11    the Board on any matter relating to  the  administration  and
12    enforcement of this Code.
13        The  Department shall seek the advice and recommendations
14    of  the  Board  in  connection   with   any   rulemaking   or
15    disciplinary  actions, including applications for restoration
16    of revoked licenses.  The Board shall have 60 days to respond
17    to a Department request for advice and  recommendations.   If
18    the  Department  fails to adopt, in whole or in part, a Board
19    recommendation  in  connection   with   any   rulemaking   or
20    disciplinary  action,  it shall provide a written explanation
21    of  its  specific  reasons  for  not   adopting   the   Board
22    recommendation.    The  written  explanations  shall  be made
23    available for public inspection.
24        The Department shall adopt all necessary  and  reasonable
25    rules  and  regulations  for  the effective administration of
26    this Code, and without limiting the foregoing, the Department
27    shall adopt rules and regulations:
28             (1)  prescribing  a   method   of   examination   of
29        candidates;
30             (2)  defining   what   shall  constitute  a  school,
31        college, university, department of a university or  other
32        institution   to  determine  the  reputability  and  good
33        standing  of  these  institutions  by  reference   to   a
34        compliance  with  the  rules and regulations; however, no
 
HB2644 Engrossed            -9-                LRB9101612ACmb
 1        school, college, university, department of  a  university
 2        or   other   institution   that   refuses  admittance  to
 3        applicants, solely on account of race, color, creed,  sex
 4        or  national  origin shall be considered reputable and in
 5        good standing;
 6             (3)  establishing  expiration  dates   and   renewal
 7        periods for all licenses;
 8             (4)  prescribing a method of handling complaints and
 9        conducting  hearings  on proceedings to take disciplinary
10        action under this Code; and
11             (5)  providing for licensure by reciprocity.
12    (Source: P.A. 87-966.)

13        (225 ILCS 41/15-65)
14        Sec. 15-65.  Fees. The Department shall provide  by  rule
15    for a schedule of fees for the administration and enforcement
16    of this Act, including but not limited to original licensure,
17    renewal, and restoration. The fees shall be nonrefundable.
18        All fees collected under this Act shall be deposited into
19    the   General   Professions   Dedicated  Fund  and  shall  be
20    appropriated  to  the  Department  for   the   ordinary   and
21    contingent  expenses  of the Department in the administration
22    of this  Act.  The  following  fees  shall  be  paid  to  the
23    Department  for  the  licensing  and  registration  functions
24    performed by the Department under this Code:
25        (A)  License of funeral director and embalmer trainee.
26             (1)  The  fee  to  be  paid  by  an  applicant for a
27        license as a funeral director  and  embalmer  trainee  is
28        $50.
29             (2)  The  fee  to  be  paid  upon  the  renewal of a
30        license as a funeral director  and  embalmer  trainee  is
31        $100.
32        (B)  License  of funeral director and embalmer or funeral
33    director.
 
HB2644 Engrossed            -10-               LRB9101612ACmb
 1             (1)  The fee to  be  paid  by  an  applicant  for  a
 2        license  as a funeral director and embalmer is $100.  The
 3        Department may provide for examination fees  to  be  paid
 4        directly to a designated testing service.
 5             (2)  The  fee  to  be  paid  by  an  applicant for a
 6        license as a funeral director and embalmer licensed under
 7        the laws of another State  or  territory  of  the  United
 8        States or of a foreign country or province is $200.
 9             (3)  The  fee  to  be  paid  upon  the  renewal of a
10        license as a funeral director and embalmer is  $100;  and
11        $50 for a funeral director.
12             (4)  The  fee  to be paid for the reinstatement of a
13        license as a funeral director  and  embalmer  or  funeral
14        director  that has been expired for not more than 5 years
15        is $10 plus all lapsed renewal fees.
16             (5)  The fee to be paid for  the  restoration  of  a
17        license  as a funeral director and embalmer that has been
18        expired for more than 5 years is $260;  and  $130  for  a
19        funeral director.
20             (6)  The  fee  to place a license on inactive status
21        is $20.
22        (C)  General fees.
23             (1)  The fee to  be  paid  for  the  issuance  of  a
24        duplicate  license,  for  the  issuance  of a replacement
25        license for a license which has been lost or destroyed or
26        for the issuance of a license with a change  of  name  or
27        address other than during the renewal period is $10.
28             (2)  The  fee  to  be  paid for a certification of a
29        licensee's record for any purpose is $10.
30             (3)  The fee to be paid to have the  scoring  of  an
31        examination  administered  by the Department reviewed and
32        verified is $10.
33             (4)  The fee to be paid by a  licensee  for  a  wall
34        certificate  showing the license shall be the actual cost
 
HB2644 Engrossed            -11-               LRB9101612ACmb
 1        of producing the certificate.
 2             (5)  The fee to be paid  for  a  roster  of  persons
 3        licensed  as  funeral  directors,  funeral  directors and
 4        embalmers, or funeral director and embalmer  trainees  in
 5        this  State  shall  be  the  actual cost of producing the
 6        roster.
 7             (6)  The fee to be paid  to  the  Department  for  a
 8        printed   copy   of  this  Code  and  of  the  rules  and
 9        regulations promulgated for the  administration  of  this
10        Code is $1.
11    (Source: P.A. 87-966.)

12        Section  22.   The  Home  Medical  Equipment and Services
13    Provider License Act is amended by changing Sections  90  and
14    175 as follows:

15        (225 ILCS 51/90)
16        Sec.  90.   Mandatory  inspections.  The Department shall
17    inspect a licensee for compliance with  the  requirements  of
18    this  Act  within 3 years after the date of initial licensure
19    and at least  once  every  3  years  thereafter,  unless  the
20    licensee  can  demonstrate  proof of renewal of accreditation
21    with a recognized national accrediting body.  The  Department
22    shall  conduct  random inspections upon renewal of a license,
23    for cause  or  as  necessary  to  assure  the  integrity  and
24    effectiveness of the licensing process.  Upon failure to pass
25    inspection, a provider's license shall be suspended or denied
26    as  applicable,  pending  review by the Board. The Department
27    may authorize qualified individuals to conduct   inspections.
28    The  Department shall set by rule, and pay to an inspector, a
29    fee for each inspection. An entity  that  fails  to  pass  an
30    inspection  is  subject  to  penalties under Section 80. Upon
31    notice of failure to pass an  inspection,  a  provider  shall
32    have  30  days to appeal the inspection results. On appeal, a
 
HB2644 Engrossed            -12-               LRB9101612ACmb
 1    provider shall have the right to an inspection review or to a
 2    new inspection in accordance with procedures adopted  by  the
 3    Department.  A  home  medical equipment and services provider
 4    licensed within 2 years after the effective date of this  Act
 5    is  exempt  from  the inspection requirements of this Section
 6    during that 2-year period.
 7    (Source: P.A. 90-532, eff. 11-14-97.)

 8        (225 ILCS 51/175)
 9        Sec. 175. Entities currently operating. Entities  engaged
10    in  the  business  of  providing  home  medical equipment and
11    services at least 3 months prior to  the  effective  date  of
12    this  Act  shall  be issued a license valid for 2 years, upon
13    application and payment of  the  required  fee,  without  the
14    necessity   for   a  determination  of  compliance  with  the
15    requirements of subsection (a) of Section  40.  In  order  to
16    obtain  a license under this Section, an application shall be
17    submitted  to  the  Department  within  6  months  after  the
18    adoption of administrative rules. During the  first  year  of
19    licensure,   such   providers  shall  be  subject  to  random
20    inspections for compliance with applicable standards,  unless
21    such  providers  have a valid accreditation from a recognized
22    national accrediting body.
23    (Source: P.A. 90-532, eff. 11-14-97.)

24        Section 25.  The Pharmacy Practice Act of 1987 is amended
25    by changing Sections 6 and 10 as follows:

26        (225 ILCS 85/6) (from Ch. 111, par. 4126)
27        Sec.  6.   Each  individual  seeking   licensure   as   a
28    registered   pharmacist   shall   make   application  to  the
29    Department and shall provide evidence of the following:
30        1.  (blank); that  he  is  a  United  States  citizen  or
31    legally admitted alien;
 
HB2644 Engrossed            -13-               LRB9101612ACmb
 1        2.  that he or she has not engaged in conduct or behavior
 2    determined to be grounds for discipline under this 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    registered  pharmacist in a pharmacy in this State, or in any
 9    other 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   program  of  practice  experience  referred  to  in
13    paragraph (4) of this  Section  shall  be  fulfilled  by  the
14    successful  completion  of  a  practice  course  offered by a
15    school or college  of  pharmacy  or  department  of  pharmacy
16    recognized  and  approved by the Department, which shall be a
17    minimum of one academic quarter in length.
18        Any  person  applying  for  a  license  as  a  registered
19    pharmacist in this State  who  has  graduated  from  a  first
20    professional  degree  program  in  pharmacy  of  at  least  5
21    academic years from a school or college of pharmacy, which at
22    the  time  of such graduation was not recognized and approved
23    as reputable and in good standing by the Department, shall be
24    required, in order to qualify  for  admittance  to  take  the
25    Department's   examination  for  licensure  as  a  registered
26    pharmacist, to  pass  a  preliminary  diagnostic  examination
27    recommended  by  the  Board and authorized by the Department,
28    covering  proficiency  in  the  English  language  and   such
29    academic   areas  as  the  Board  may  deem  essential  to  a
30    satisfactory pharmacy curriculum and by rule prescribe.   Any
31    applicant  who  submits  to and fails to pass the preliminary
32    diagnostic examination may be required to satisfy  the  Board
33    that   he  has  taken  additional  remedial  work  previously
34    approved  by  the  Board  to  correct  deficiencies  in   his
 
HB2644 Engrossed            -14-               LRB9101612ACmb
 1    pharmaceutical education indicated by the results of the last
 2    preliminary   diagnostic  examination  prior  to  taking  the
 3    preliminary diagnostic examination again.
 4        Any applicant who has graduated from a first professional
 5    degree program in pharmacy of at least 5 academic years  from
 6    a  school  or  college of pharmacy, which at the time of such
 7    graduation was not recognized and approved as  reputable  and
 8    in good standing by the Department, shall complete a clinical
 9    program  previously approved by the Board on the basis of its
10    equivalence  to  programs  that  are  components   of   first
11    professional  degree  programs  in  pharmacy  approved by the
12    Department.
13        Any  person  required  by  Section  6  to  submit  to   a
14    preliminary  diagnostic  examination in advance of admittance
15    to an examination for registration as a registered pharmacist
16    under this Act shall be permitted to  take  such  preliminary
17    diagnostic  examination, provided that he is not less than 21
18    years of age and furnishes the Department  with  satisfactory
19    evidence  that  he  has:  successfully completed a program of
20    preprofessional education (postsecondary  school)  consisting
21    of  course  work  equivalent  to  that generally required for
22    admission  to  U.S.  colleges  of  pharmacy  recognized   and
23    approved as reputable and in good standing by the Department;
24    and  has  received  a  degree in pharmacy as required in this
25    Section.
26        The Department shall issue  a  license  as  a  registered
27    pharmacist  to  any  applicant who has qualified as aforesaid
28    and who has filed the  required  applications  and  paid  the
29    required  fees  in  connection therewith; and such registrant
30    shall have  the  authority  to  practice  the  profession  of
31    pharmacy in this State.
32    (Source: P.A. 85-796.)

33        (225 ILCS 85/10) (from Ch. 111, par. 4130)
 
HB2644 Engrossed            -15-               LRB9101612ACmb
 1        Sec. 10. State Board of Pharmacy. There is created in the
 2    Department the State Board of Pharmacy. It shall consist of 9
 3    members,  7  of  whom  shall be licensed pharmacists. Each of
 4    those 7  members  must  be  a  licensed  pharmacist  in  good
 5    standing  in  this State, a graduate of an accredited college
 6    of pharmacy or hold a Bachelor of Science degree in  Pharmacy
 7    and  have  at  least  5  years'  practical  experience in the
 8    practice of pharmacy subsequent to the date of his  licensure
 9    as  a  licensed  pharmacist  in  the State of Illinois. There
10    shall be 2 public members, who shall be voting  members,  who
11    shall  not be licensed pharmacists in this State or any other
12    state.
13        Each member shall be appointed by the Governor.
14        The terms of all members serving as  of  March  31,  1999
15    shall  expire  on  that  date.  The  Governor shall appoint 3
16    persons to serve one-year terms, 3 persons  to  serve  3-year
17    terms,  and 3 persons to serve 5-year terms to begin April 1,
18    1999.  Otherwise, members shall be appointed to 5 year terms.
19    No member shall be eligible to serve more than 12 consecutive
20    years.
21        In making the appointment of members on  the  Board,  the
22    Governor  shall  give due consideration to recommendations by
23    the  members  of  the   profession   of   pharmacy   and   by
24    pharmaceutical  organizations  therein.   The  Governor shall
25    notify  the  pharmaceutical  organizations  promptly  of  any
26    vacancy of members on the Board  and  in  appointing  members
27    shall  give consideration to individuals engaged in all types
28    and settings of pharmacy practice.
29        The Governor may remove  any  member  of  the  Board  for
30    misconduct, incapacity or neglect of duty and he shall be the
31    sole judge of the sufficiency of the cause for removal.
32        Every  person  appointed a member of the Board shall take
33    and subscribe the constitutional oath of office and  file  it
34    with  the Secretary of State.  Each member of the Board shall
 
HB2644 Engrossed            -16-               LRB9101612ACmb
 1    be reimbursed for such actual and legitimate expenses  as  he
 2    may  incur  in  going  to  and  from the place of meeting and
 3    remaining thereat during sessions of the Board.  In addition,
 4    each member of the Board shall receive a per diem payment  in
 5    an  amount  determined  from time to time by the Director for
 6    attendance at meetings of  the  Board  and  conducting  other
 7    official business of the Board.
 8        The  Board  shall  hold  quarterly meetings and an annual
 9    meeting in January of each year and such  other  meetings  at
10    such  times  and places and upon such notice as the Board may
11    determine and as its business may require.  Five  members  of
12    the  Board  shall  constitute a quorum for the transaction of
13    business. The Director shall appoint a pharmacy  coordinator,
14    who  shall  be someone other than a member of the Board.  The
15    pharmacy coordinator shall be a registered pharmacist in good
16    standing in this State, shall be a graduate of an  accredited
17    college  of  pharmacy,  or  hold  at  a minimum a Bachelor of
18    Science degree in Pharmacy and shall have at least  5  years'
19    experience  in  the practice of pharmacy immediately prior to
20    his  appointment.  The  pharmacy  coordinator  shall  be  the
21    executive administrator and the chief enforcement officer  of
22    the Pharmacy Practice Act.
23        The  Board  shall  exercise the rights, powers and duties
24    which have been vested in the Board under this Act,  and  any
25    other duties conferred upon the Board by law.
26        The  Director  shall,  in  conformity  with the Personnel
27    Code, employ not less than 7  pharmacy  investigators  and  2
28    pharmacy  supervisors.   Each  pharmacy investigator and each
29    supervisor shall be a registered pharmacist in good  standing
30    in  this  State,  and  shall  be  a graduate of an accredited
31    college of pharmacy and have at least 5 years  of  experience
32    in the practice of pharmacy. The Department shall also employ
33    at  least  one  attorney  who  is  a  pharmacist to prosecute
34    violations of this Act and its rules. The Department may,  in
 
HB2644 Engrossed            -17-               LRB9101612ACmb
 1    conformity  with the Personnel Code, employ such clerical and
 2    other employees as are necessary to carry out the  duties  of
 3    the Board.
 4        The   duly   authorized  pharmacy  investigators  of  the
 5    Department shall have the right to enter and  inspect  during
 6    business  hours  any pharmacy or any other place in the State
 7    of Illinois  holding  itself  out  to  be  a  pharmacy  where
 8    medicines  or drugs or drug products or proprietary medicines
 9    are sold, offered for sale, exposed for  sale,  or  kept  for
10    sale. The pharmacy investigators shall be the only Department
11    investigators authorized to inspect, investigate, and monitor
12    probation compliance of pharmacists and pharmacies.
13        The  Board shall render annually to the Director a report
14    of their proceedings during the preceding year, together with
15    such other information and recommendations as the Board deems
16    proper.
17    (Source: P.A. 90-253, eff. 7-29-97.)

18        Section 30.  The Illinois Physical Therapy Act is amended
19    by changing Section 16.1 as follows:

20        (225 ILCS 90/16.1)
21        Sec. 16.1.  Fees. The Department shall provide by rule  a
22    schedule  of  fees  for the administration and enforcement of
23    this Act, including but not limited  to  original  licensure,
24    renewal, and restoration.  The fees shall be nonrefundable.
25        (a)  The application fee for a license is $100.
26        (b)  Applicants  for any examination shall be required to
27    pay, either to the Department or to  the  designated  testing
28    service,   a   fee   covering  the  cost  of  determining  an
29    applicant's  eligibility  and  providing   the   examination.
30    Failure  to appear for the examination on the scheduled date,
31    at the  time  and  place  specified,  after  the  applicant's
32    application   for   examination   has   been   received   and
 
HB2644 Engrossed            -18-               LRB9101612ACmb
 1    acknowledged  by  the  Department  or  the designated testing
 2    service, shall result in the forfeiture  of  the  examination
 3    fee.
 4        (c)  The  fee  for  the  renewal  of  a  license shall be
 5    calculated at the rate of $30 per year.
 6        (d)  The fee for the restoration of a license other  than
 7    from  inactive  status  is  $10  plus  payment  of all lapsed
 8    renewal fees.
 9        (e)  The fee to be paid for the issuance of  a  duplicate
10    license,  for  the  issuance  of a replacement license, for a
11    replacement license for a  license  that  has  been  lost  or
12    destroyed,  or for the issuance of a license with a change of
13    name or address other than during the renewal period is $20.
14        (f)  The fee for a certification of  a  license  for  any
15    purpose is $20.
16        (g)  The  fee  to  have  the  scoring  of  an examination
17    administered by the Department reviewed and verified  is  $20
18    plus any fee charged by the applicable testing service.
19        (h)  The  fee for a wall certificate evidencing licensing
20    shall be the actual cost of producing that certificate.
21        (i)  The fee for a roster of persons licensed as physical
22    therapists or physical therapists assistants  in  this  State
23    shall be the actual cost of producing that roster.
24    (Source: P.A. 89-387, eff. 1-1-96.)

25        Section 35.  The Physician Assistant Practice Act of 1987
26    is amended by changing Section 11 as follows:

27        (225 ILCS 95/11) (from Ch. 111, par. 4611)
28        Sec.  11.  Committee.  There  is  established a physician
29    assistant advisory committee to the Medical Licensing  Board.
30    The  physician  assistant advisory committee shall review and
31    make recommendations  to  the  Board  regarding  all  matters
32    relating  to  physician  assistants.  The physician assistant
 
HB2644 Engrossed            -19-               LRB9101612ACmb
 1    advisory committee shall be composed of 7 members.  Three  of
 2    the 7 members shall be physicians, 2 of whom shall be members
 3    of  the  Board and appointed to the advisory committee by the
 4    chairman. One physician, not a member of the Board, shall  be
 5    a  supervisor of a certified physician assistant and shall be
 6    approved by the Governor from a list of  Illinois  physicians
 7    supervising  certified  physician  assistants.  Three members
 8    shall be physician assistants, certified under  the  law  and
 9    appointed by the Governor from a list of 10 names recommended
10    by  the  Board  of  Directors  of  the  Illinois  Academy  of
11    Physician  Assistants. One member, not employed or having any
12    material  interest  in  any  health  care  field,  shall   be
13    appointed  by  the  Governor  and  represent  the public. The
14    chairman of the physician assistant advisory committee  shall
15    be  a  member  elected  by  a  majority vote of the physician
16    assistant advisory committee unless already a member  of  the
17    Board. The physician assistant advisory committee is required
18    to  meet  and  report to the Board quarterly and as physician
19    assistant issues arise. The terms of office of  each  of  the
20    original  7  members  shall  be  at  staggered intervals. One
21    physician and one physician assistant shall  serve  for  a  2
22    year  term.  One  physician and one physician assistant shall
23    serve a 3 year term. One physician, one  physician  assistant
24    and  the  public  member  shall serve a 4 year term. Upon the
25    expiration of the term of any member, his successor shall  be
26    appointed  for  a  term  of 4 years in the same manner as the
27    initial appointment.  No  member  shall  serve  more  than  2
28    consecutive terms.
29        The members of the physician assistant advisory committee
30    shall   be  reimbursed  for  all  authorized  legitimate  and
31    necessary expenses incurred in attending the meetings of  the
32    committee.
33        A  majority of the physician assistant advisory committee
34    members currently appointed  shall  constitute  a  quorum.  A
 
HB2644 Engrossed            -20-               LRB9101612ACmb
 1    vacancy  in  the membership of the committee shall not impair
 2    the right of a quorum to perform all of  the  duties  of  the
 3    committee.
 4        Members  of  the  physician  assistant advisory committee
 5    shall  have  no  liability  for  any  action  based  upon   a
 6    disciplinary  proceeding  or other activity performed in good
 7    faith as a member of the committee.
 8    (Source: P.A. 90-61, eff. 12-30-97.)

 9        Section 40.  The Respiratory Care Practice Act is amended
10    by changing Section 75 as follows:

11        (225 ILCS 106/75)
12        Sec. 75.  Fees.   The Department shall  provide  by  rule
13    for a schedule of fees for the administration and enforcement
14    of this Act, including but not limited to original licensure,
15    renewal,  and  restoration.  The fees shall be nonrefundable.
16    The fees imposed under  this  Act  are  as  follows  and  are
17    nonrefundable:
18        (a)  The  fee  for  application  for  a  respiratory care
19    practitioner license is $100.
20        (b)  The fee for application for a temporary  license  is
21    $50 per year.
22        (c)  Applicants  for examination shall pay, either to the
23    Department or  to  the  designated  testing  service,  a  fee
24    covering the cost of providing the examination.
25        (d)  The  fee  for  the  renewal  of a license is $60 per
26    year.
27        (e)  The fee for the reinstatement of a license that  has
28    been  expired  for  less than 5 years is $20, plus payment of
29    all unpaid fees for every year that has lapsed.
30        (f)  The fee for the restoration of a  license  that  has
31    been expired for more than 5 years is $300.
32        (g)  The fee for the issuance of a duplicate license, the
 
HB2644 Engrossed            -21-               LRB9101612ACmb
 1    issuance of a replacement for a license that has been lost or
 2    destroyed, or the issuance of a license with a change of name
 3    or address, other than during the renewal period, is $20.  No
 4    fee  is  required  for name and address changes on Department
 5    records when no duplicate registration is issued.
 6        (h)  The fee for the certification of a license  for  any
 7    purpose is $20.
 8        (i)  The  fee for rescoring an examination is the cost to
 9    the Department of rescoring the examination,  plus  any  fees
10    charged  by  the  applicable  testing  service  to  have  the
11    examination rescored.
12        (j)  The  fee  for a wall certificate showing the license
13    is the actual cost of producing the certificate.
14        (k)  The  fee  for  a  roster  of  persons  licensed   as
15    respiratory  care  practitioners  in this State is the actual
16    cost of producing the roster.
17        (l)  The fee for copies of a license shall be the  actual
18    cost of producing the copies.
19        (m)  The   fee   for  application  for  a  license  by  a
20    respiratory care practitioner registered  or  licensed  under
21    the laws of another jurisdiction is $100.
22        All  of  the  fees  collected  under  this  Act  shall be
23    deposited into the General Professions Dedicated Fund.    The
24    monies  deposited into the General Professions Dedicated Fund
25    shall be used by the Department,  as  appropriated,  for  the
26    ordinary  and  contingent expenses of the Department.  Monies
27    in the General Professions Dedicated Fund may be invested and
28    reinvested, with all earnings received from investments to be
29    deposited into that Fund and used for the  same  purposes  as
30    fees deposited in that Fund.
31    (Source: P.A. 89-33, eff. 1-1-96.)

32        Section 45.  The Veterinary Medicine and Surgery Practice
33    Act of 1994 is amended by changing Section 14 as follows:
 
HB2644 Engrossed            -22-               LRB9101612ACmb
 1        (225 ILCS 115/14) (from Ch. 111, par. 7014)
 2        Sec.  14.  Fees. The Department shall provide by rule for
 3    a schedule of fees for the administration and enforcement  of
 4    this  Act,  including  but not limited to original licensure,
 5    renewal, and restoration.  The fees shall be nonrefundable.
 6        All fees collected under this Act shall be deposited into
 7    the  General  Professions  Dedicated  Fund   and   shall   be
 8    appropriated   to   the   Department  for  the  ordinary  and
 9    contingent expenses of the Department in  the  administration
10    of  this  Act. The fees under this Act are as follows and are
11    not refundable:
12        (1)  The fee for application for a veterinary license  is
13    $100.
14        (2)  The  fee for application for a veterinary technician
15    certificate is $50.
16        (3)  In addition to the application fee,  applicants  for
17    the  examination  shall  be  required  to  pay, either to the
18    Department or  to  the  designated  testing  service,  a  fee
19    covering  the  cost of determining an applicant's eligibility
20    and providing the examination.  Failure  to  appear  for  the
21    examination  on  the  scheduled  date,  at the time and place
22    specified, after the  applicant's  application  and  fee  for
23    examination   has  been  received  and  acknowledged  by  the
24    Department or the designated testing service, shall result in
25    the forfeiture of the fee.
26        (4)  The fee for the  renewal  of  a  veterinary  license
27    shall be $50 per year.
28        (5)  The  fee  for the renewal of a veterinary technician
29    certificate is $25 per year.
30        (6)  The fee  for  the  reinstatement  of  a  license  or
31    certificate  that  has  expired  for not more than 5 years is
32    $10, plus payment of all unpaid fees for every year that  has
33    lapsed, except as provided in subsection (7) of this Section.
34        (7)  The  fee for the restoration of a veterinary license
 
HB2644 Engrossed            -23-               LRB9101612ACmb
 1    that has expired for more than 5 years is $300.
 2        (8)  The  fee  for  the  restoration  of   a   veterinary
 3    technician certificate that has expired for more than 5 years
 4    is $150.
 5        (9)  The fee for the issuance of a duplicate license, for
 6    the  issuance  of a replacement license that has been lost or
 7    destroyed, or for the issuance of a license with a change  of
 8    name  or  address,  other  than during the renewal period, is
 9    $20.  No fee is required for  name  and  address  changes  on
10    Department records when no duplicate license is issued.
11        (10)  The  fee  for  a  certification  of  a  license  or
12    certificate for any purpose is $20.
13        (11)  The  fee  to  have  the  scoring  of an examination
14    administered by the Department reviewed and verified is  $20,
15    plus any fee charged by the testing service.
16        (12)  The fee for a wall license shall be the actual cost
17    of producing such license.
18        (13)  The  fee  for  a  roster  of  persons  licensed  as
19    veterinarians  or  veterinary technicians shall be the actual
20    cost of producing the roster.
21        (14)  The  fee  for  application  for  a  license  by   a
22    veterinarian registered or licensed under the laws of another
23    jurisdiction is $100.
24        (15)  The  fee  for  application  for  a certificate by a
25    veterinary technician registered or licensed under  the  laws
26    of another jurisdiction is $50.
27    (Source: P.A. 88-424.)

28        Section  47.  The Interior Design Profession Title Act is
29    amended by changing Section 11 as follows:

30        (225 ILCS 310/11) (from Ch. 111, par. 8211)
31        Sec. 11.  Fees. The Department shall provide by rule  for
32    a  schedule of fees for the administration and enforcement of
 
HB2644 Engrossed            -24-               LRB9101612ACmb
 1    this Act, including but not limited  to  original  licensure,
 2    renewal, and restoration. The fees shall be nonrefundable.
 3        All fees collected under this Act shall be deposited into
 4    the   General   Professions   Dedicated  Fund  and  shall  be
 5    appropriated  to  the  Department  for   the   ordinary   and
 6    contingent  expenses  of the Department in the administration
 7    of this Act. The following fees are not refundable:
 8        (a)  Registration fees.
 9             (1)  The fee for application for  a  certificate  of
10        registration  as  an  interior  designer or a residential
11        interior designer is $100.
12             (2)  The fee for a certificate of registration as an
13        interior designer or residential interior designer for  a
14        person  who  is  registered or licensed under the laws of
15        another state, or territory of the United States or of  a
16        foreign country or province is $100.
17             (3)  The  fee  for  the  renewal of a certificate of
18        registration shall be calculated at a  rate  of  $80  per
19        year.
20             (4)  The fee for the restoration of a certificate of
21        registration  other than from inactive status is $20 plus
22        payment of all lapsed renewal fees.
23        (b)  General fees.
24             (1)  The  fee  for  the  issuance  of  a   duplicate
25        certificate  of  registration,  for  the  issuance  of  a
26        replacement    certificate   of   registration,   for   a
27        certificate  of  registration  which  has  been  lost  or
28        destroyed, or  for  the  issuance  of  a  certificate  of
29        registration  with a change of name or address other than
30        during the renewal period is $20.  No fee is required for
31        name and address changes on Department  records  when  no
32        duplicate certificate of registration is issued.
33             (2)  The   fee   for   the   certification   of  the
34        registrant's record for any purpose is $20.
 
HB2644 Engrossed            -25-               LRB9101612ACmb
 1             (3)  The fee for rescoring  an  examination  is  the
 2        cost  to the Department of rescoring the examination plus
 3        any fees charged by the  applicable  testing  service  to
 4        have the examination rescored.
 5             (4)  The   fee   for   a  wall  certificate  showing
 6        registration shall be the actual cost of  producing  such
 7        certificate.
 8             (5)  The  fee  for a roster of persons registered as
 9        interior designers or residential interior  designers  in
10        this  State  shall be the actual cost of producing such a
11        roster.
12    (Source: P.A. 87-756; 88-650, eff. 9-16-94.)

13        Section 49.  The Barber, Cosmetology, Esthetics, and Nail
14    Technology Act of 1985 is amended by changing Section 4-23 as
15    follows:

16        (225 ILCS 410/4-23)
17        Sec. 4-23.  Penalties for  failure  to  receive  required
18    continuing education credits.
19        (a)  In  the  first 2-year cycle in which a licensee does
20    not  obtain  his  or  her  continuing  education  hours,  the
21    Department shall place him  or  her  on  probation.   If  the
22    licensee  does  obtain  his or her continuing education hours
23    prior to his  or  her  next  renewal,  the  Department  shall
24    restore his or her license to good standing.
25        (b)  In  the  second  consecutive 2-year cycle in which a
26    licensee does not obtain  his  or  her  continuing  education
27    hours,  he  or  she  shall be placed or continued continue on
28    probation, be fined, and be issued notice by  the  Department
29    that  license  revocation  will  occur  if he or she does not
30    receive the continuing education hours required prior to  his
31    or  her next renewal.  If the licensee does obtain his or her
32    continuing education hours prior to his or her next  renewal,
 
HB2644 Engrossed            -26-               LRB9101612ACmb
 1    he  or  she  shall remain on probation but shall not be fined
 2    pursuant to subsection (a).
 3        (c)  In the third consecutive 2-year  cycle  in  which  a
 4    licensee  does  not  obtain  his  or her continuing education
 5    hours, his or her license shall be revoked.   The  Department
 6    shall   promulgate   rules   and  regulations  governing  the
 7    reissuance of a license that has been revoked.   These  rules
 8    and  regulations  shall  take  into account that the licensee
 9    already has been licensed and received the training necessary
10    for such a license.
11    (Source: P.A. 89-706, eff. 1-31-97.)

12        Section 50.  The Illinois Certified  Shorthand  Reporters
13    Act of 1984 is amended by changing Section 8 as follows:

14        (225 ILCS 415/8) (from Ch. 111, par. 6208)
15        Sec. 8.  The Director shall appoint a certified Shorthand
16    Reporters Board as follows:  7 persons who shall be appointed
17    by  and  shall serve in an advisory capacity to the Director.
18    Six members must be certified shorthand  reporters,  in  good
19    standing,  and  actively engaged in the practice of shorthand
20    reporting in this State for ten years, and one member must be
21    a member of the public who is not certified under  this  Act,
22    or a similar Act of another jurisdiction.
23        Members   shall  serve  4  year  terms  and  until  their
24    successors are appointed and qualified, except  that  of  the
25    initial  appointments, one member shall be appointed to serve
26    for one year, 2 shall be appointed to serve for  2  years,  2
27    shall  be  appointed  to serve for 3 years, and the remaining
28    one, who shall be the public member, shall  be  appointed  to
29    serve  for  4 years, until their successors are appointed and
30    qualified.  No member shall be reappointed to the Board for a
31    term that would cause his continuous service on the Board  to
32    be  longer  than  8  successive  years.  Service prior to the
 
HB2644 Engrossed            -27-               LRB9101612ACmb
 1    effective date of  this  amendatory  Act  of  1991  shall  be
 2    considered.  Appointments  to fill vacancies shall be made in
 3    the same manner as original appointments, for  the  unexpired
 4    portion  of the vacated term.  Initial terms shall begin upon
 5    the effective date of this Act.
 6        The membership of the  Board  should  reasonably  reflect
 7    representation  from  the geographic areas in this State.  In
 8    making appointments to the Board,  the  Director  shall  give
 9    consideration   to  recommendations  by  national  and  State
10    organizations of the shorthand reporter profession and  shall
11    promptly  give notice to such organizations of any vacancy in
12    the membership of the Board.
13        The Board shall present an annual report to the Director,
14    the content of which shall be set forth by the rules  of  the
15    Department.
16        The  Director may terminate the appointment of any member
17    for cause which in the opinion  of  the  Director  reasonably
18    justifies such termination.
19        The  Director  shall  consider the recommendations of the
20    Board  on  questions  involving  standards  of   professional
21    conduct,  discipline  and  qualifications  of  candidates and
22    certificate holders under this Act.
23        The Director may remove any member who fails to attend  3
24    consecutive meetings unless the member has a medical excuse.
25    (Source: P.A. 87-481; 87-576.)

26        Section  55.   The  Collection  Agency  Act is amended by
27    changing Section 8a as follows:

28        (225 ILCS 425/8a) (from Ch. 111, par. 2011a)
29        Sec. 8a. Fees. The Department shall provide by rule for a
30    schedule of fees for the administration  and  enforcement  of
31    this  Act,  including  but not limited to original licensure,
32    renewal, and restoration.  The fees shall be nonrefundable.
 
HB2644 Engrossed            -28-               LRB9101612ACmb
 1        All fees collected under this Act shall be deposited into
 2    the  General  Professions  Dedicated  Fund   and   shall   be
 3    appropriated   to   the   Department  for  the  ordinary  and
 4    contingent expenses of the Department in  the  administration
 5    of  this  Act.  The  following  fees  shall  be  paid  to the
 6    Department  for  the  licensing  and  registration  functions
 7    performed by the Department under this Act:
 8             (1)  The fee to  be  paid  by  an  applicant  for  a
 9        certificate  of  registration  as  a collection agency is
10        $750.
11             (2)  The fee to  be  paid  upon  the  renewal  of  a
12        certificate  of  registration  as  a collection agency is
13        $750 for a 3-year renewal.
14             (3)  The fee to  be  paid  for  the  issuance  of  a
15        duplicate  certificate  of registration, for the issuance
16        of a replacement certificate for a certificate which  has
17        been   lost  or  destroyed  or  for  the  issuance  of  a
18        certificate with a change of name or address  other  than
19        during the renewal period is $20.
20             (4)  The  fee  to  be  paid for a certification of a
21        registrant's record for any purpose is $20.
22             (5)  The fee to be paid by a registrant for  a  wall
23        certificate  showing his registration shall be the actual
24        cost of producing such certificate.
25             (6)  The fee to be paid  for  a  roster  of  persons
26        registered  as collection agencies in this State shall be
27        the actual cost of producing such a roster.
28             (7)  The fee to be paid  to  the  Department  for  a
29        printed copy of this Act and of the rules and regulations
30        promulgated for the administration of this Act is $1.
31             (8)  The  fee  to  be  paid  by  an  applicant for a
32        certificate of registration to operate a branch office is
33        $250.
34             (9)  The fee to  be  paid  upon  the  renewal  of  a
 
HB2644 Engrossed            -29-               LRB9101612ACmb
 1        certificate of registration to operate a branch office is
 2        $150 for a 3-year renewal.
 3        All  fees  and  fines  collected  under this Act shall be
 4    deposited into the General Professions Dedicated  Fund.   All
 5    monies  in  the  fund  shall  be  used  by  the Department of
 6    Professional Regulation, as appropriated,  for  the  ordinary
 7    and contingent expenses of the Department.
 8        Any  person  who delivers a check or other payment to the
 9    Department that is returned to the Department unpaid  by  the
10    financial institution upon which it is drawn shall pay to the
11    Department,  in  addition  to  the amount already owed to the
12    Department, a fine of $50. If the check or other payment  was
13    for  a  renewal  or  issuance  fee  and that person practices
14    without paying the renewal fee or issuance fee and  the  fine
15    due,  an  additional fine of $100 shall be imposed. The fines
16    imposed  by  this  Section  are  in  addition  to  any  other
17    discipline provided under this Act for unlicensed practice or
18    practice on a nonrenewed license. The Department shall notify
19    the person that payment of fees and fines shall  be  paid  to
20    the  Department  by  certified check or money order within 30
21    calendar days of the notification. If, after  the  expiration
22    of  30 days from the date of the notification, the person has
23    failed to submit the  necessary  remittance,  the  Department
24    shall  automatically  terminate the license or certificate or
25    deny the application, without hearing. If, after  termination
26    or  denial,  the person seeks a license or certificate, he or
27    she shall apply to the Department for restoration or issuance
28    of the license or certificate and pay all fees and fines  due
29    to the Department. The Department may establish a fee for the
30    processing  of an application for restoration of a license or
31    certificate  to  pay  all   expenses   of   processing   this
32    application.  The Director may waive the fines due under this
33    Section in individual cases where the Director finds that the
34    fines would be unreasonable or unnecessarily burdensome.
 
HB2644 Engrossed            -30-               LRB9101612ACmb
 1    (Source: P.A. 89-387, eff. 1-1-96.)

 2        Section 57.  The Detection of Deception Examiners Act  is
 3    amended by changing Section 26 as follows:

 4        (225 ILCS 430/26) (from Ch. 111, par. 2427)
 5        Sec. 26. Fees. The Department shall provide by rule for a
 6    schedule  of  fees  for the administration and enforcement of
 7    this Act, including but not limited  to  original  licensure,
 8    renewal, and restoration. The fees shall be nonrefundable.
 9        All fees collected under this Act shall be deposited into
10    the   General   Professions   Dedicated  Fund  and  shall  be
11    appropriated  to  the  Department  for   the   ordinary   and
12    contingent  expenses  of the Department in the administration
13    of this  Act.  The  following  fees  shall  be  paid  to  the
14    Department  for  the  licensing  and  registration  functions
15    performed  by  the  Department  under  this  Act and shall be
16    nonrefundable:
17        (A)  License as detection of deception examiner.
18        (1)  The fee for application  and  for  a  license  as  a
19    detection of deception examiner is $25.
20        (2)  In addition, applicants for any examination shall be
21    required   to  pay,  either  to  the  Department  or  to  the
22    designated testing  service,  a  fee  covering  the  cost  of
23    determining  the  applicant's  eligibility  and providing the
24    examination.
25        (3)  The fee upon the renewal of a license as a detection
26    of deception examiner shall be calculated at the rate of  $90
27    per year.
28        (4)  The  fee  for  the  reinstatement  of a license as a
29    detection of deception examiner which  has  expired  for  not
30    more than 5 years is $10 plus all lapsed renewal fees.
31        (5)  The  fee  for  the  restoration  of  a  license as a
32    detection of deception examiner which has  expired  for  more
 
HB2644 Engrossed            -31-               LRB9101612ACmb
 1    than 5 years is $10 plus all lapsed renewal fees.
 2        (B)  General Fees.
 3        (1)  The fee for the issuance of a duplicate license, for
 4    the issuance of a replacement license for a license which has
 5    been  lost  or destroyed or for the issuance of a certificate
 6    with a change of  name  or  address  other  than  during  the
 7    renewal period is $10.
 8        (2)  The  fee  for a certification of a licensee's record
 9    for any purpose is $10.
10        (3)  The fee  to  have  the  scoring  of  an  examination
11    administered  by  the Department reviewed and verified is $10
12    plus any fees charged by the applicable testing service.
13        (4)  The fee for a licensee for a wall certificate  shall
14    be the actual cost of producing such certificate.
15        (5)  The   fee  for  a  roster  of  persons  licensed  as
16    detection of deception  examiners  and  registered  to  study
17    detection of deception in this State shall be the actual cost
18    of producing such a roster.
19        This  Section  in  regard  to fees shall not apply to any
20    examiner in the exclusive employment of the United States  of
21    America,  the State of Illinois, any County, municipality, or
22    political subdivision in this State, any  Department,  Bureau
23    or Agency of any of the foregoing, or any examiner thereof in
24    the pursuit of his official duties.
25    (Source: P.A. 84-1235.)

26        Section   60.   The  Private  Detective,  Private  Alarm,
27    Private Security, and Locksmith Act of  1993  is  amended  by
28    changing Section 105 as follows:

29        (225 ILCS 446/105)
30        Sec. 105.  Issuance of license; renewal, fees.
31        (a)  The   Department   shall,   upon   the   applicant's
32    satisfactory  completion of the requirements authorized under
 
HB2644 Engrossed            -32-               LRB9101612ACmb
 1    this Act, and upon receipt of the requisite fees,  issue  the
 2    appropriate  license  and  wallet  card  showing the name and
 3    business location of the licensee and the dates  of  issuance
 4    and  expiration,  and containing a photograph of the licensee
 5    provided to the Department that is not more than one year old
 6    as of the date of application for licensure and reflects  any
 7    recent appearance changes.
 8        (b)  An  applicant  may  upon  satisfactory completion of
 9    requirements authorized under this Act, and upon  receipt  of
10    requisite  fees  related  to  the application and testing for
11    licensure under this Act, elect to defer the issuance of  the
12    applicant's  initial  license  for a period not longer than 6
13    years.  Any applicant who fails to request issuance of  their
14    initial  license  or  agency  certificate  and remit the fees
15    associated with that license within 6 years shall be required
16    to resubmit an applicant  for  licensure  together  with  all
17    required fees.
18        (c)  The  expiration date, renewal period, and conditions
19    for  renewal  and  restoration  of   each   license,   agency
20    certificate  of registration, permanent employee registration
21    card, and firearm authorization card issued  under  this  Act
22    shall be set by rule of the Department.  The holder may renew
23    the  license,  agency  certificate of registration, permanent
24    employee registration card,  or  firearm  authorization  card
25    during  the  month  preceding  its  expiration  by paying the
26    required  fee  and  by  meeting  those  conditions  that  the
27    Department may specify.  Any license holder who notifies  the
28    Department in writing, on forms prescribed by the Department,
29    may  elect  to place his or her license on an inactive status
30    for a period of no longer than 6 years and shall, subject  to
31    the  rules  of  the  Department,  be  excused from payment of
32    renewal fees until he  or  she  notifies  the  Department  in
33    writing  of a desire to resume active status.  Practice while
34    on  inactive  status  constitutes  unlicensed  practice.    A
 
HB2644 Engrossed            -33-               LRB9101612ACmb
 1    nonrenewed  license that has lapsed for less than 6 years may
 2    be restored upon payment of a $50 restoration  fee  plus  all
 3    lapsed renewal fees.  A license that has lapsed for more than
 4    6 years may be restored by paying the required fees specified
 5    in  this  Section  and by providing evidence of competence to
 6    resume practice satisfactory to the Department and the Board,
 7    which may include passage of the  written  examination.   All
 8    restoration  fees and lapsed renewal fees shall be waived for
 9    an applicant whose license lapsed while on active duty in the
10    military provided application for restoration is made  within
11    one year after discharge from the service.
12        (d)  The  Department shall provide by rule for a schedule
13    of fees for the administration and enforcement of  this  Act,
14    including but not limited to original licensure, renewal, and
15    restoration.  The fees shall be nonrefundable.
16        All fees collected under this Act shall be deposited into
17    the   General   Professions   Dedicated  Fund  and  shall  be
18    appropriated  to  the  Department  for   the   ordinary   and
19    contingent  expenses  of the Department in the administration
20    of this Act. The nonrefundable fees are as follows:
21             (1)  The filing fee for the first examination is $25
22        plus the cost of determining an  applicant's  eligibility
23        and  of providing the examination; subsequent examination
24        fees shall be the cost of the examination;  the  fee  for
25        the  examination  shall  be paid to the Department or its
26        designee.
27             (2)  The initial issuance of any individual  license
28        or agency certificate shall be $500.
29             (3)  The   initial   issuance  of  a  branch  office
30        certificate is $200.
31             (4)  The license issued to an applicant licensed  in
32        another   state  or  foreign  country  on  the  basis  of
33        endorsement is $500.
34             (5)  The triennial renewal of any individual license
 
HB2644 Engrossed            -34-               LRB9101612ACmb
 1        or agency certificate is $450.
 2             (6)  The  triennial  renewal  of  a  branch   office
 3        certificate is $200.
 4             (7)  The  reinstatement  of  a license that has been
 5        lapsed for less than 6 years  is  $50,  plus  all  lapsed
 6        renewal fees.
 7             (8)  The  restoration  of  a lapsed license that has
 8        been lapsed for more than  6  years  is  $100,  plus  all
 9        lapsed renewal fees.
10             (9)  The  issuance  of  a  duplicate license, agency
11        certificate   of   registration,    permanent    employee
12        registration card, certification of completion of 20-Hour
13        Basic   Training,   Certification  of  Firearm  Training,
14        Firearm Authorization Card, or a certificate issued for a
15        change of name or address other than during  the  renewal
16        period is $25.
17             (10)  The   issuance   of   a   permanent   employee
18        registration  card  is  $55; the triennial renewal of the
19        card is $45.
20             (11)  The issuance of a firearm  authorization  card
21        is $55.
22             (12)  The    triennial   renewal   for   a   Firearm
23        Authorization Card is  $45;    reissuance  of  a  Firearm
24        Authorization Card to an agency that has changed its name
25        is $10.00.
26             (13)  For processing a fingerprint card by the State
27        Police  the fee is the cost of processing, which shall be
28        made payable to the State Police Services Fund and  shall
29        be  remitted  to  the  State  Police for deposit into the
30        Fund.
31             (14)  For review and verification of the scoring  of
32        an  examination  administered by the Department, $20 plus
33        any actual fees charged by the testing service.
34             (15)  For a roster of licensees or  registrants  the
 
HB2644 Engrossed            -35-               LRB9101612ACmb
 1        fee shall be the cost of producing a roster.
 2             (16)  The  fee  for  issuance  of certification of a
 3        license record shall be $20.
 4             (17)  The fee for issuance and renewal of  an  armed
 5        proprietary security force registration is $20.
 6             (18)  The  fee  for  reinstatement of a license from
 7        inactive status that has lapsed for a period less than  6
 8        years shall be the same as the current renewal fee.
 9    (Source: P.A. 88-363.)

10        Section  65.   The  Illinois  Public  Accounting  Act  is
11    amended by changing Section 14 as follows:

12        (225 ILCS 450/14) (from Ch. 111, par. 5515)
13        Sec.  14. Qualifications. The Department shall license as
14    public accountants the following:
15        (a)  All persons  who  have  received  or  who  hereafter
16    receive certificates as certified public accountants from the
17    Board, who have had at least one year of experience either on
18    the  professional  staff of a practicing public accountant of
19    this or any other state or in a  responsible  audit  position
20    including  work  of  a  type  normally  directed  toward  the
21    expression  of an independent opinion on financial statements
22    in a governmental agency either: (1) in  auditing  the  books
23    and   accounts   or  financial  activities  of  partnerships,
24    corporations or other persons engaged in 3 or  more  distinct
25    lines of commercial or industrial business in accordance with
26    generally accepted auditing standards; or (2) in auditing the
27    books  and  accounts  or  financial  activities  of 3 or more
28    distinct governmental agencies or independent  organizational
29    units,  not  an employer of the applicant, in accordance with
30    generally accepted  auditing  standards,  and  in  which  the
31    results  of  such  auditing are reported to a third party; or
32    (3) in reviewing financial statements and supporting material
 
HB2644 Engrossed            -36-               LRB9101612ACmb
 1    covering the financial condition and operations  of  entities
 2    engaged  in  3  or  more  distinct  lines  of  commercial  or
 3    industrial business to determine the reliability and fairness
 4    of  the  financial  reporting  and  compliance with generally
 5    accepted  accounting  principles  and  applicable  laws   and
 6    governmental   regulations;   or   who  provide  satisfactory
 7    evidence to the Committee, established herein, of such  other
 8    experience  or  employment  as  the  Committee  may  consider
 9    substantially equivalent thereto.
10        If  the  applicant's  certificate  was issued more than 4
11    years prior to the application for an internal license  under
12    this  Section,  the  applicant  shall submit any evidence the
13    Department may require showing the  applicant  has  completed
14    not  less  than 90 hours of continuing professional education
15    acceptable to the Department within the 3  years  immediately
16    preceding the date of application.
17        The  Committee  shall  be the sole and final judge of the
18    qualification of experience under this section.
19        (b)  All partnerships, limited  liability  companies,  or
20    corporations  engaged in the practice of public accounting in
21    this State and meeting the following requirements:
22             (1)  At least  one  partner,  member  of  a  limited
23        liability  company,  or shareholder in a corporation must
24        be licensed as a  public  accountant  by  the  Department
25        under  the provisions of this Act and must be a holder of
26        an  effective  unrevoked  registration  card;  and   each
27        partner,  member  of  a  limited  liability  company,  or
28        shareholder  of  a corporation personally engaged in this
29        State in the  practice  of  public  accounting  and  each
30        person  in  charge of an office of the firm in this State
31        must be so licensed and must be a holder of such a card.
32             (2)  Each partner, member  of  a  limited  liability
33        company,  or  shareholder of a corporation not personally
34        engaged  in  this  State  in  the  practice   of   public
 
HB2644 Engrossed            -37-               LRB9101612ACmb
 1        accounting  must  be  a certified public accountant or be
 2        otherwise authorized to practice accounting in some State
 3        or Territory of the United States,  in  the  District  of
 4        Columbia   or   in  a  foreign  country  or  a  political
 5        subdivision thereof.
 6             (3)  It shall be lawful for a nonprofit  cooperative
 7        association   engaged   in   rendering  an  auditing  and
 8        accounting service to its members only,  to  continue  to
 9        render  that  service  provided  that  the  rendering  of
10        auditing   and  accounting  service  by  the  cooperative
11        association shall at all times be under the  control  and
12        supervision of public accountants.
13             (4)  The  Department may adopt rules and regulations
14        as necessary  to  provide  for  the  practice  of  public
15        accounting  by  business  entities  that may be otherwise
16        authorized by law to conduct business in Illinois.
17        The  Director   shall   appoint   a   Public   Accountant
18    Registration  Committee  as  follows:  7 persons who shall be
19    appointed by and shall serve in an advisory capacity  to  the
20    Director.   Six  members must be licensed public accountants,
21    in good  standing,  and  must  be  actively  engaged  in  the
22    practice  of  public accounting in this State, and one member
23    of the public, who is not  licensed  under  this  Act,  or  a
24    similar   Act  of  another  jurisdiction,  and,  who  has  no
25    connection  with  the   accounting   or   public   accounting
26    profession.  Members shall serve 4 year terms and until their
27    successors  are  appointed and qualified.  No member shall be
28    reappointed  to  the  Committee  for  more  than   2   terms.
29    Appointments  to  fill  vacancies  shall  be made in the same
30    manner as original appointments, for the unexpired portion of
31    the vacated term.   The membership of  the  Committee  should
32    reasonably  reflect  representation from the geographic areas
33    in this State.
34        The members of the Committee appointed  by  the  Director
 
HB2644 Engrossed            -38-               LRB9101612ACmb
 1    shall  receive  reasonable  compensation, to be determined by
 2    the  Department,  for  the     necessary,   legitimate,   and
 3    authorized  expenses approved by the Department. All expenses
 4    shall  be  paid  from   the   Registered   Certified   Public
 5    Accountants' Administration and Disciplinary Fund.
 6        The  Director may terminate the appointment of any member
 7    for cause.
 8        The Committee shall  present  an  annual  report  to  the
 9    Department the content of which shall be specified by rule.
10        The    Director    shall    consider   the   advice   and
11    recommendations  of  the  Committee  on  questions  involving
12    standards   of   professional   conduct,    discipline    and
13    qualifications of candidates and licensees under this Act.
14    (Source: P.A. 88-36.)

15        Section  99.   Effective  date.   This  Act  takes effect
16    January 1, 2000.
 
HB2644 Engrossed            -39-               LRB9101612ACmb
 1                                INDEX
 2               Statutes amended in order of appearance
 3    225 ILCS 5/6              from Ch. 111, par. 7606
 4    225 ILCS 25/16.1          from Ch. 111, par. 2316.1
 5    225 ILCS 30/85            from Ch. 111, par. 8401-85
 6    225 ILCS 41/15-5          from Ch. 111, par. 2825
 7    225 ILCS 85/6             from Ch. 111, par. 4126
 8    225 ILCS 85/10            from Ch. 111, par. 4130
 9    225 ILCS 90/16.1
10    225 ILCS 95/11            from Ch. 111, par. 4611
11    225 ILCS 106/75
12    225 ILCS 115/14           from Ch. 111, par. 7014
13    225 ILCS 415/8            from Ch. 111, par. 6208
14    225 ILCS 425/8a           from Ch. 111, par. 2011a
15    225 ILCS 446/105
16    225 ILCS 450/14           from Ch. 111, par. 5515

[ Top ]