HB 2408 — PROFESSION REGULATION-VARIOUS

HB2408 EngrossedEnrolled LRB100 05775 SMS 15798 b AN ACT concerning regulation.

"Department" means the Division of Professional Regulation HB2408 EngrossedEnrolled - 2 - LRB100 05775 SMS 15798 b of the Department of Financial and Professional Regulation.

"Retiree" means a person who has been duly licensed, HB2408 EngrossedEnrolled - 3 - LRB100 05775 SMS 15798 b registered, or certified in a profession regulated by the Department and who chooses to relinquish or not renew his or her license, registration, or certification.

HB2408 EngrossedEnrolled - 4 - LRB100 05775 SMS 15798 b (2) To prescribe rules and regulations for a fair and wholly impartial method of examination of candidates to exercise the respective professions, trades, or occupations.

(5) To conduct hearings on proceedings to revoke, suspend, refuse to renew, place on probationary status, or take other disciplinary action as authorized in any licensing Act administered by the Department with regard to licenses, certificates, or authorities of persons HB2408 EngrossedEnrolled - 5 - LRB100 05775 SMS 15798 b exercising the respective professions, trades, or occupations and to revoke, suspend, refuse to renew, place on probationary status, or take other disciplinary action as authorized in any licensing Act administered by the Department with regard to those licenses, certificates, or authorities.

HB2408 EngrossedEnrolled - 6 - LRB100 05775 SMS 15798 b The Department shall refuse to issue or renew a license to, or shall suspend or revoke a license of, any person who, after receiving notice, fails to comply with a subpoena or warrant relating to a paternity or child support proceeding.

For purposes of the Illinois Administrative Procedure Act, the adoption of HB2408 EngrossedEnrolled - 7 - LRB100 05775 SMS 15798 b rules to implement this paragraph shall be considered an emergency and necessary for the public interest, safety, and welfare.

Notwithstanding any provisions in this Code to the contrary, the Department of Professional Regulation shall not be liable under any federal or State law to any person for any disclosure of information to the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) under this paragraph (8) or for any other action taken in good faith to comply with the HB2408 EngrossedEnrolled - 8 - LRB100 05775 SMS 15798 b requirements of this paragraph (8).

(b) The Department may, when a fee is payable to the Department for a wall certificate of registration provided by the Department of Central Management Services, require that portion of the payment for printing and distribution costs be HB2408 EngrossedEnrolled - 9 - LRB100 05775 SMS 15798 b made directly or through the Department to the Department of Central Management Services for deposit into the Paper and Printing Revolving Fund.

The Director and those agents are authorized to maintain one or more commercial checking accounts with any State banking corporation or corporations organized under or subject to the Illinois Banking Act for the deposit and withdrawal of moneys to be used for the purposes set forth in HB2408 EngrossedEnrolled - 10 - LRB100 05775 SMS 15798 b this Section;

(g) Notwithstanding anything that may appear in any individual licensing statute or administrative rule, the Department shall deny any license application or renewal authorized under any licensing Act administered by the Department to any person who has failed to file a return, or to HB2408 EngrossedEnrolled - 11 - LRB100 05775 SMS 15798 b pay the tax, penalty, or interest shown in a filed return, or to pay any final assessment of tax, penalty, or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirement of any such tax Act are satisfied;

The notice shall advise the licensee that the suspension shall be effective 60 days after the issuance of the Department's order HB2408 EngrossedEnrolled - 12 - LRB100 05775 SMS 15798 b unless the Department receives, from the licensee, a request for a hearing before the Department to dispute the matters contained in the order.

(i) Within 180 days after December 23, 2009 (the effective date of Public Act 96-852), the Department shall promulgate rules which permit a person with a criminal record, who seeks a license or certificate in an occupation for which a criminal record is not expressly a per se bar, to apply to the HB2408 EngrossedEnrolled - 13 - LRB100 05775 SMS 15798 b Department for a non-binding, advisory opinion to be provided by the Board or body with the authority to issue the license or certificate as to whether his or her criminal record would bar the individual from the licensure or certification sought, should the individual meet all other licensure requirements including, but not limited to, the successful completion of the relevant examinations.

HB2408 EngrossedEnrolled - 14 - LRB100 05775 SMS 15798 b (c) Before suspending, revoking, placing on probationary status, reprimanding, fining, or taking any other disciplinary action that may be authorized in any licensing Act administered by the Department with regard to any license certificate, the Department shall issue a notice informing the licensee or applicant registrant of the time and place when and where a hearing of the charges shall be had.

HB2408 EngrossedEnrolled - 15 - LRB100 05775 SMS 15798 b (d) At the time and place fixed in the notice, the Department shall proceed to a hearing of the charges.

The Department may contract for court HB2408 EngrossedEnrolled - 16 - LRB100 05775 SMS 15798 b reporting services, and, in the event it does so, the Department shall provide the name and contact information for the certified shorthand reporter who transcribed the testimony at a hearing to any person interested, who may obtain a copy of the transcript of any proceedings at a hearing upon payment of the fee specified by the certified shorthand reporter.

If the licensee or applicant registrant orders and pays for a transcript of the record as provided in Section 2105-115, the time elapsing thereafter and before the transcript is ready for delivery to the licensee or applicant HB2408 EngrossedEnrolled - 17 - LRB100 05775 SMS 15798 b registrant shall not be counted as part of the 20 days.

(2) has been convicted of a criminal battery against any patient in the course of patient care or treatment, including any offense HB2408 EngrossedEnrolled - 18 - LRB100 05775 SMS 15798 b based on sexual conduct or sexual penetration;

(3) prior disciplinary history, including, but not limited to, actions taken by other agencies in this State HB2408 EngrossedEnrolled - 19 - LRB100 05775 SMS 15798 b or by other states or jurisdictions, hospitals, health care facilities, residency programs, employers, insurance providers, or any of the armed forces of the United States or any state;

HB2408 EngrossedEnrolled - 20 - LRB100 05775 SMS 15798 b (b) No person who has been convicted of any offense listed in subsection (a) or required to register as a sex offender may receive a license as a health care worker in Illinois.

Within 5 business days after receiving notice from the prosecuting attorney of the filing of criminal charges against the health care worker, the Secretary shall issue an administrative order that the health care worker shall HB2408 EngrossedEnrolled - 21 - LRB100 05775 SMS 15798 b immediately practice only with a chaperone during all patient encounters pending the outcome of the criminal proceedings.

Any information reported or disclosed shall be kept for the confidential use of the Secretary, Department attorneys, the investigative staff, and authorized clerical staff and shall be afforded the same status as is provided information under Part 21 of Article VIII of the Code of Civil Procedure, except that the Department may disclose information and documents to (1) a HB2408 EngrossedEnrolled - 22 - LRB100 05775 SMS 15798 b federal, State, or local law enforcement agency pursuant to a subpoena in an ongoing criminal investigation or (2) an appropriate licensing authority of another state or jurisdiction pursuant to an official request made by that authority.

(f) Nothing contained in this Section shall prohibit the HB2408 EngrossedEnrolled - 23 - LRB100 05775 SMS 15798 b Department from initiating or maintaining a disciplinary action against a licensee independent from any criminal charges, conviction, or sex offender registration.

1-1-16.) HB2408 EngrossedEnrolled - 24 - LRB100 05775 SMS 15798 b (20 ILCS 2105/2105-207) Sec.

(4) failure to obtain or renew a certificate of HB2408 EngrossedEnrolled - 25 - LRB100 05775 SMS 15798 b registration or ancillary license;

(d) Any applicant for licensure or a licensee whose petition for review is granted by the Department pursuant to subsection (a-1) of Section 2105-165 of this Law may file an application with the Department on forms provided by the Department to have records relating to his or her permanent denial or permanent revocation classified as confidential and not for public release and considered expunged for reporting purposes in the same manner and under the same terms as is provided in this Section for the offenses listed in subsection HB2408 EngrossedEnrolled - 26 - LRB100 05775 SMS 15798 b (b) of this Section, except that the requirements of a 7-year waiting period and the $200 application fee do not apply.