Illinois Compiled Statutes
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EXECUTIVE BRANCH
(20 ILCS 2105/) Civil Administrative Code of Illinois. (Department of Professional Regulation Law)
20 ILCS 2105/Art. 2105
(20 ILCS 2105/Art. 2105 heading)
20 ILCS 2105/2105-1
(20 ILCS 2105/2105-1)
Sec. 2105-1.
Article short title.
This Article 2105 of the Civil
Administrative
Code of Illinois may be cited as the Department of Professional Regulation
Law.
(Source: P.A. 91-239, eff. 1-1-00.)
20 ILCS 2105/2105-5
(20 ILCS 2105/2105-5) (was 20 ILCS 2105/60b)
Sec. 2105-5. Definitions. In this Law:
"Address of record" means the designated address recorded by the Department in the applicant's application file or the licensee's license file, as maintained by the Department's licensure maintenance unit. An address of record must be a street address, not a post office box or any other similar location.
"Applicant" means an applicant for a license, certification, registration, permit, or other authority issued or conferred by the Department by virtue or authority of which the licensee has or claims the right to engage in a profession, trade, occupation, or operation of which the Department has jurisdiction.
"Department" means the Division of Professional Regulation of the Department of Financial and Professional Regulation. Any reference in this Article to the "Department of Professional Regulation" shall be deemed to mean the "Division of Professional Regulation of the Department of Financial and Professional Regulation".
"Director" means the Director of Professional Regulation.
"Email address of record" means the designated email address recorded by the Department in the applicant's application file or the licensee's license file, as maintained by the Department's licensure maintenance unit.
"Board" means the board of persons designated for a profession, trade, or
occupation under the provisions of any Act now or hereafter in force whereby
the jurisdiction of that profession, trade, or occupation is devolved on the
Department.
"License" means a license, registration, certification, permit, or other
authority purporting to be issued or conferred by the Department by virtue or
authority of which the licensee has or claims the right to engage in a
profession, trade, occupation, or operation of which the Department has
jurisdiction.
"Licensee" means a person who holds or claims to hold a license. An unlicensed person or entity that holds himself, herself, or itself out as a licensee or engages in a licensed activity shall be deemed to be a licensee for the purposes of investigation or disciplinary action.
"Retiree" means a person who has been duly licensed, 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.
(Source: P.A. 99-227, eff. 8-3-15; 100-262, eff. 8-22-17.)
20 ILCS 2105/2105-7
(20 ILCS 2105/2105-7) | ||
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(2) to inform the Department of any change of address | ||
| ||
(Source: P.A. 100-262, eff. 8-22-17.) |
20 ILCS 2105/2105-10
(20 ILCS 2105/2105-10) (was 20 ILCS 2105/61d)
Sec. 2105-10.
Legislative declaration of public policy.
The
practice of the
regulated professions, trades, and occupations in Illinois is hereby declared
to affect the public health, safety, and welfare of the People of this State
and in the public interest is subject to regulation and control by the
Department of Professional Regulation.
It is further declared to be a matter of public interest and concern that
standards of competency and stringent penalties for those who violate the
public trust be established to protect the public from unauthorized or
unqualified persons representing one of the regulated professions, trades, or
occupations; and to that end, the General Assembly shall appropriate the
necessary funds for the ordinary and necessary expenses of these public
interests and concerns as they may exceed the funding available from the
revenues collected from the fees and fines from the regulated professions,
trades, and occupations.
(Source: P.A. 91-239, eff. 1-1-00.)
20 ILCS 2105/2105-15
(20 ILCS 2105/2105-15)
| ||
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(2) To prescribe rules and regulations for a fair and | ||
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(3) To pass upon the qualifications of applicants for | ||
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(4) To prescribe rules and regulations defining, for | ||
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(5) To conduct hearings on proceedings to revoke, | ||
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The Department shall issue a monthly disciplinary | ||
The Department shall refuse to issue or renew a | ||
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The Department, without further process or hearings, | ||
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(6) To transfer jurisdiction of any realty under the | ||
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(7) To formulate rules and regulations necessary for | ||
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(8) To exchange with the Department of Healthcare and | ||
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(8.3) To exchange information with the Department | ||
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(8.5) To accept continuing education credit for | ||
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(9) To perform other duties prescribed
by law.
|
20 ILCS 2105/2105-15.5
(20 ILCS 2105/2105-15.5)
Sec. 2105-15.5. Continuing education; sexual harassment prevention training.
(a) The Department shall require each licensee to complete sexual harassment prevention training provided by the licensee's employer, the Department of Human Rights, or any continuing education provider authorized to provide continuing education under an Act administered by the Department in accordance with Section 2-109 of the Illinois Human Rights Act. The training shall be completed, at a minimum, prior to a licensee's renewal of his or her license.
(b) The Department may adopt rules for the implementation of this Section.
(Source: P.A. 102-308, eff. 8-6-21.)
20 ILCS 2105/2105-15.7
(20 ILCS 2105/2105-15.7)
Sec. 2105-15.7. Implicit bias awareness training.
(a) As used in this Section, "health care professional" means a person licensed or registered by the Department of Financial and Professional Regulation under the following Acts: Medical Practice Act of 1987, Nurse Practice Act, Clinical Psychologist Licensing Act, Illinois Dental Practice Act, Illinois Optometric Practice Act of 1987, Pharmacy Practice Act, Illinois Physical Therapy Act, Physician Assistant Practice Act of 1987, Acupuncture Practice Act, Illinois Athletic Trainers Practice Act, Clinical Social Work and Social Work Practice Act, Dietitian Nutritionist Practice Act, Home Medical Equipment and Services Provider License Act, Naprapathic Practice Act, Nursing Home Administrators Licensing and Disciplinary Act, Illinois Occupational Therapy Practice Act, Illinois Optometric Practice Act of 1987, Podiatric Medical Practice Act of 1987, Respiratory Care Practice Act, Professional Counselor and Clinical Professional Counselor Licensing and Practice Act, Sex Offender Evaluation and Treatment Provider Act, Illinois Speech-Language Pathology and Audiology Practice Act, Perfusionist Practice Act, Registered Surgical Assistant and Registered Surgical Technologist Title Protection Act, and Genetic Counselor Licensing Act.
(b) For license or registration renewals occurring on or after January 1, 2023, a health care professional who has continuing education requirements must complete at least a one-hour course in training on implicit bias awareness per renewal period. A health care professional may count this one hour for completion of this course toward meeting the minimum credit hours required for continuing education. Any training on implicit bias awareness applied to meet any other State licensure requirement, professional accreditation or certification requirement, or health care institutional practice agreement may count toward the one-hour requirement under this Section.
(c) The Department may adopt rules for the implementation of this Section.
(Source: P.A. 102-4, eff. 4-27-21; 102-674, eff. 11-30-21.)
20 ILCS 2105/2105-17
(20 ILCS 2105/2105-17) | ||
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(2) agrees to engage in the volunteer practice of his | ||
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(c) A volunteer license shall be granted in accordance with the licensing Act that applies to the health care professional's given health care profession, and the licensure fee shall be set by rule in accordance with subsection (f). |
20 ILCS 2105/2105-20
(20 ILCS 2105/2105-20)
Sec. 2105-20. Criminal history records checks. Licensees or applicants applying for expedited licensure through an interstate compact enacted into law by the General Assembly, including, but not limited to, the Interstate Medical Licensure Compact Act, who have designated Illinois as the principal state of licensure for the purposes of the compact shall have his or her fingerprints submitted to the Illinois State Police in an electronic format that complies with the form and manner for requesting and furnishing criminal history record information as prescribed by the Illinois State Police. These fingerprints shall be checked against the Illinois State Police and Federal Bureau of Investigation criminal history record databases now and hereafter filed. The Illinois State Police shall charge applicants or licensees a fee for conducting the criminal history records check, which shall be deposited into the State Police Services Fund and shall not exceed the actual cost of the records check. The Illinois State Police shall furnish, pursuant to positive identification, records of Illinois convictions to the Department. The Department may require applicants or licensees to pay a separate fingerprinting fee, either to the Department or to a vendor designated or approved by the Department. The Department, in its discretion, may allow an applicant or licensee who does not have reasonable access to a designated vendor to provide his or her fingerprints in an alternative manner. The Department may adopt any rules necessary to implement this Section. Communication between the Department and an interstate compact governing body, including, but not limited to, the Interstate Commission as defined in Section 180 of the Interstate Medical Licensure Compact Act, may not include information received from the Federal Bureau of Investigation relating to a State and federal criminal history records check.
(Source: P.A. 102-538, eff. 8-20-21.)
20 ILCS 2105/2105-25
(20 ILCS 2105/2105-25) (was 20 ILCS 2105/60.01)
Sec. 2105-25. Perjury; penalty. Each document required to be
filed under any Act
administered by the Department shall be verified or contain a written
affirmation that it is signed under the penalties of perjury. An applicant
or registrant who knowingly signs a fraudulent document commits perjury as
defined in Section 32-2 of the Criminal Code of 2012 and for the purpose of
this Section shall be guilty of a Class A misdemeanor.
(Source: P.A. 97-1150, eff. 1-25-13.)
20 ILCS 2105/2105-30
(20 ILCS 2105/2105-30) (was 20 ILCS 2105/60p)
Sec. 2105-30.
License forms; notification of abuse.
Beginning
January 1, 2000, each license or permit application or renewal form the
Department provides to a person who is required by law to report child abuse
or elder abuse must include a notification that the applicant or licensee is
required by law to report that abuse and must include telephone numbers the
licensee may call to report the abuse.
(Source: P.A. 91-244, eff. 1-1-00; 92-16, eff. 6-28-01.)
20 ILCS 2105/2105-35
(20 ILCS 2105/2105-35)
Sec. 2105-35. Prohibited uses of roster of information. Notwithstanding any other provision of law to the contrary, any roster of information including, but not limited to, the licensee's name, address, and profession, shall not be used by a third party for the purpose of marketing goods or services not related to the licensee's profession. Rosters provided by the Department shall comply with the requirements set forth under the Freedom of Information Act.
(Source: P.A. 102-20, eff. 6-25-21.)
20 ILCS 2105/2105-40
(20 ILCS 2105/2105-40) (was 20 ILCS 2105/61)
Sec. 2105-40.
Issuance of certificates and licenses.
All
certificates, licenses, and authorities shall be issued by the
Department
in the name of the Department,
with the seal of the Department attached.
(Source: P.A. 91-239, eff. 1-1-00.)
20 ILCS 2105/2105-45
(20 ILCS 2105/2105-45)
Sec. 2105-45. Licenses and certificates for display. Starting on the effective date of this amendatory Act of the 98th General Assembly, whenever the Department issues a license or certificate and the holder of the license or certificate is required to display it in his or her place of business, the Department shall provide a license or certificate that is printed without including the address of the licensee or certificate holder on the face of the license. Nothing in this Section affects any duty to display licenses or certificates in the place of business.
(Source: P.A. 98-211, eff. 1-1-14.)
20 ILCS 2105/2105-55
(20 ILCS 2105/2105-55) (was 20 ILCS 2105/61c)
Sec. 2105-55.
Interlineation of checks.
The Department may
reduce by
interlineation the amount of any personal check, corporate check, or company
check drawn on the account of and delivered by any person applying for any
license, certificate, registration, title, or permit that requires payment of a
fee. The amount of reduction shall be limited to $50, and the drawer of
the check shall be notified in writing of the reduction. Any check for an
amount more than $50 in excess of the correct amount shall be returned
to the drawer-applicant.
Any check altered under this Section shall be
endorsed by the Director as follows: "This check is
warranted
to subsequent holders and to the drawee to be in the amount of $(insert
amount)."
All applications for a license, title, or permit, upon
reprinting, shall contain the following authorization statement: "My
signature above authorizes the Department of Professional Regulation to
reduce the amount of this check if the amount submitted is not
correct. I understand this will be done only if the amount submitted is
greater than the required fee hereunder, but in no event shall the
reduction be made in an amount greater than $50."
(Source: P.A. 91-239, eff. 1-1-00.)
20 ILCS 2105/2105-60
(20 ILCS 2105/2105-60)
Sec. 2105-60. Payment by credit card or third-party payment agent.
(a) For the purposes of this Section, "credit card" has the meaning given to
it
in
Section 10 of the Local Governmental Acceptance of Credit Cards Act.
(b) The Department may, but need not, accept payment by credit card for any
fee,
fine, or other charge that it is authorized by law to collect. The Department
may adopt rules and procedures governing the acceptance of payment by credit
card and may enter into such agreements as may be necessary to accept payment
by
credit card.
(c) The Department may, but need not, accept payment through a third-party
payment
agent of any fee, fine, or other charges to the Department. The Department may
adopt rules and procedures governing the acceptance of payments through
third-party payment agents.
The Department may enter into agreements with one or more financial
institutions, internet companies, or other business entities to act as
third-party payment agents for the payment of fees, fines, or other charges to
the
Department. These agreements may authorize the third-party payment agent to
retain a service fee out of the payments collected.
(d) Receipt by the Department of the amount of a fee, fine, or other charge
paid
by credit card or through a third-party payment agent authorized by the
Department, less the amount of any service fee retained under the Department's
agreement with the credit card service provider or the third-party payment
agent, shall be deemed receipt of the full amount of the fee or other charge
and
shall discharge the payment obligation in full.
(e) In the event of a conflict between this Section and a provision of any
other
Act administered by the Department, this Section controls.
(Source: P.A. 97-813, eff. 7-13-12.)
20 ILCS 2105/2105-75
(20 ILCS 2105/2105-75) (was 20 ILCS 2105/61f)
Sec. 2105-75. Design professionals designated
employees. There are
established within the Department certain design professionals designated
employees. These employees shall be devoted
primarily to the administration and enforcement of the Illinois
Architecture Practice Act, the Illinois Professional Land Surveyor Act of
1989, the Professional Engineering Practice Act of 1989, and the Structural
Engineering Practice Act of 1989. The design professionals designated
employees that the Director shall employ, in conformity with the Personnel
Code, shall include but not be limited to one full-time Design Licensing Manager,
one full-time Assistant Licensing Manager, 3 full-time licensing clerks, one
full-time attorney, and 3
full-time investigators. These employees shall
work primarily in the licensing and enforcement of the design profession
Acts set forth in this Section and may be used, when available, for other duties in the Department subject to the authorization of the Department.
(Source: P.A. 93-1009, eff. 1-1-05; 94-543, eff. 8-10-05.)
20 ILCS 2105/2105-100
(20 ILCS 2105/2105-100) (was 20 ILCS 2105/60c)
Sec. 2105-100. Disciplinary action with respect to licenses; notice;
hearing.
(a) Licenses may be revoked, suspended, placed on probationary
status, reprimanded, fined,
or have other disciplinary action taken with regard to them as
authorized in any licensing Act administered by the Department in the
manner provided by the Civil Administrative Code of Illinois
and not otherwise.
(b) The Department may upon its
own motion and shall upon the verified complaint in writing of any person,
provided the complaint or the complaint together with
evidence,
documentary or otherwise, presented in connection with the complaint makes a
prima facie case, investigate the actions of any person holding or claiming
to hold a license.
(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, the Department shall issue a notice informing the licensee or applicant
of the time and place when and where a hearing of the charges shall be had.
The notice shall contain a statement of the charges or shall be
accompanied by a copy of the written complaint if such complaint shall have
been filed. The notice shall be served on the licensee or applicant at
least 10
days prior to the date set in the notice for the hearing,
either by delivery of
the notice personally to the licensee or applicant or by mailing the notice to the licensee's or applicant's address of record;
provided that in any case where
the licensee or applicant is now or may hereafter be required by law to maintain a
place of business in this State and to notify the Department of the
location of that place of business, the notice
may be served by mailing it to the licensee or applicant at the place of business last described by
the licensee or applicant in the notification to the Department. Notwithstanding any provision in any individual licensing statute or administrative rule, the notice may be served by email transmission to the licensee's or applicant's email address of record.
(d) At the time and place fixed in
the notice, the Department shall proceed to a hearing
of the charges. The licensee or applicant shall be
accorded
ample opportunity to present, in person or by counsel, any
statements,
testimony, evidence, and argument that may be pertinent to the
charges or to
any defense to the charges.
The Department may continue the hearing from time to
time.
(Source: P.A. 99-227, eff. 8-3-15; 100-262, eff. 8-22-17.)
20 ILCS 2105/2105-105
(20 ILCS 2105/2105-105) (was 20 ILCS 2105/60d)
Sec. 2105-105. Oaths; subpoenas; penalty.
(a) The Department, by its Director or a person designated by
him or her, is empowered, at any time during the course of any
investigation or hearing conducted pursuant to any Act administered by the
Department, to administer oaths, subpoena witnesses, take evidence, and
compel the production of any books, papers, records, or any other documents
that the Director, or a person designated by him or her, deems
relevant or
material to any such investigation or hearing conducted by the Department,
with the same fees and mileage and in the same manner as prescribed by law
in judicial proceedings in civil cases in circuit courts of this State. Discovery or evidence depositions shall not be taken, except by agreement of the Department and registrant.
(b) Any person who, without lawful authority, fails to appear in
response to a
subpoena or to answer any question or produce any books, papers, records,
or any other documents relevant or material to the investigation
or
hearing is guilty of a Class A misdemeanor. Each violation shall
constitute a separate and distinct offense.
In addition to initiating
criminal proceedings, the Department, through the Attorney General, may
seek enforcement of any such subpoena by any circuit court of this State.
(Source: P.A. 99-227, eff. 8-3-15.)
20 ILCS 2105/2105-110
(20 ILCS 2105/2105-110) (was 20 ILCS 2105/60e)
Sec. 2105-110. Court order requiring attendance of witnesses or production
of materials. Any circuit court, upon the application
of the registrant or of the Department, may by order duly
entered enforce a subpoena issued by the Department for the attendance of witnesses and the production of relevant
books and papers before the Department in any hearing relative to the
application for refusal to renew, suspension, revocation, placing on
probationary status, reprimand, fine, or the taking of any other disciplinary action as may
be authorized in any licensing Act administered by the Department with
regard to any certificate of registration. The court may
compel obedience to its order by proceedings for contempt.
(Source: P.A. 99-227, eff. 8-3-15.)
20 ILCS 2105/2105-115
(20 ILCS 2105/2105-115) (was 20 ILCS 2105/60f)
Sec. 2105-115. Certified shorthand reporter; transcript. The Department, at its
expense,
shall provide a certified shorthand reporter
to take down the testimony and preserve a record of all proceedings at the
hearing of any case in which a license may be revoked,
suspended, placed
on probationary status, reprimanded, fined, or subjected to other disciplinary action with
reference to the license when a disciplinary action is
authorized
in any licensing Act administered by the Department. The notice,
complaint, and all other documents in the nature of pleadings and written
motions filed in the proceedings, the transcript of testimony, the report
of the board, and the orders of the Department shall be the record of
the proceedings. The Department shall furnish
the record to
any person interested in the hearing upon payment therefor of $1 per page.
The Department may contract for court 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. This charge is in addition to any fee charged by the
Department for certifying the record.
(Source: P.A. 99-227, eff. 8-3-15; 100-262, eff. 8-22-17.)
20 ILCS 2105/2105-117
(20 ILCS 2105/2105-117)
Sec. 2105-117. Confidentiality. All information collected by the Department in the course of an examination or investigation of a licensee, registrant, or applicant, including, but not limited to, any complaint against a licensee or registrant filed with the Department and information collected to investigate any such complaint, shall be maintained for the confidential use of the Department and shall not be disclosed. The Department may not disclose the information to anyone other than law enforcement officials, other regulatory agencies that have an appropriate regulatory interest as determined by the Director, or a party presenting a lawful subpoena to the Department. Information and documents disclosed to a federal, State, county, or local law enforcement agency shall not be disclosed by the agency for any purpose to any other agency or person. A formal complaint filed against a licensee or registrant by the Department or any order issued by the Department against a licensee, registrant, or applicant shall be a public record, except as otherwise prohibited by law.
(Source: P.A. 99-227, eff. 8-3-15.)
20 ILCS 2105/2105-120
(20 ILCS 2105/2105-120) (was 20 ILCS 2105/60g)
Sec. 2105-120. Board's report; licensee's or applicant's motion for rehearing.
(a) The board shall present to the Secretary its written report of its
findings and recommendations. A copy of the report shall be served upon the licensee or applicant, either personally or by mail or email as provided in Section
2105-100 for the service of the notice. The Secretary may issue an order that deviates from the board's report and is not required to provide the board with an explanation of the deviation.
(b) Within 20 days after the service required under subsection (a), the licensee or applicant
may present to the Department a motion in writing for a rehearing.
The written motion shall specify the particular grounds for a rehearing. If
the licensee or applicant 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 shall not be counted as
part of the 20 days.
(Source: P.A. 102-20, eff. 6-25-21.)
20 ILCS 2105/2105-125
(20 ILCS 2105/2105-125) (was 20 ILCS 2105/60h)
Sec. 2105-125. Restoration of license. At any time after the successful completion of any term of suspension, revocation, placement on
probationary status, or other disciplinary action taken by the Department
with reference to any license, including payment of any fine, the Department may restore it to the licensee
without examination, upon the written recommendation of the
appropriate board.
(Source: P.A. 99-227, eff. 8-3-15; 100-262, eff. 8-22-17.)
20 ILCS 2105/2105-130
(20 ILCS 2105/2105-130) | ||
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(4) the impact of the offenses on any injured party; | ||
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(6) the motive for the offenses; | ||
(9) the lack of cooperation with the Department or | ||
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(c) When making a determination of the appropriate disciplinary sanction to be imposed on a licensee, the Department shall consider, but is not limited to, the following mitigating factors contained in the record: | ||
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(2) contrition for the offenses; | ||
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(4) restitution to injured parties; |
20 ILCS 2105/2105-131
(20 ILCS 2105/2105-131) | ||
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(2) any mitigating factors from the point of arrest | ||
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(3) if the applicant was previously licensed or | ||
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(4) the age of the person at the time of the criminal | ||
(4.5) if, due to the applicant's criminal conviction | ||
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(5) successful completion of sentence and, for | ||
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(6) evidence of the applicant's present fitness and | ||
(7) evidence of rehabilitation or rehabilitative | ||
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(8) any other mitigating factors that contribute to | ||
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(b) If the Department refuses to issue a license or certificate or grant registration to an applicant based upon a conviction or convictions, in whole or in part, the Department shall notify the applicant of the denial in writing with the following included in the notice of denial: | ||
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(2) a list of convictions that the Department | ||
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(3) a list of convictions that formed the sole or | ||
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(4) a summary of the appeal process or the earliest | ||
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(c) The Department shall post on its website a list of all State licensing restrictions that would prohibit an applicant from working in a position for which a license is sought. |
20 ILCS 2105/2105-135
(20 ILCS 2105/2105-135) | ||
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(2) law enforcement records, court records, and | ||
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(3) records of arrest not followed by a charge or | ||
(4) records of arrest where the charges were | ||
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(5) convictions overturned by a higher court; or | ||
(Source: P.A. 100-286, eff. 1-1-18.) |
20 ILCS 2105/2105-140
(20 ILCS 2105/2105-140)
Sec. 2105-140. Licensure; immigration status. No person shall be denied a license, certificate, limited permit, or registration issued by the Department solely based on his or her citizenship status or immigration status. The General Assembly finds and declares that this Section is a State law within the meaning of subsection (d) of Section 1621 of Title 8 of the United States Code. Nothing in this Section shall affect the requirements to obtain a professional license that are not directly related to citizenship status or immigration status. Nothing in this Section shall be construed to grant eligibility for obtaining any public benefit other than a professional license issued by the Department.
(Source: P.A. 100-1078, eff. 1-1-19.)
20 ILCS 2105/2105-150
(20 ILCS 2105/2105-150)
Sec. 2105-150. (Repealed).
(Source: P.A. 92-16, eff. 6-28-01. Repealed by P.A. 99-227, eff. 8-3-15.)
20 ILCS 2105/2105-155
(20 ILCS 2105/2105-155) (was 20 ILCS 2105/60n)
Sec. 2105-155. Suspension or termination of medical services provider under
the Public Aid Code. When the Department receives notice
from the Department of Healthcare and Family Services, as required by Section 2205-10
of
the Department of Healthcare and Family Services
Law (20 ILCS 2205/2205-10),
that the authorization to provide medical services under Article V of
the
Illinois Public Aid Code has been suspended or terminated with respect to
any person, firm, corporation, association, agency, institution, or other
legal entity licensed under any Act administered by
the Department of Professional Regulation,
the Department of Professional Regulation
shall determine whether there are reasonable grounds to investigate
the circumstances that resulted in the suspension or
termination. If reasonable grounds are found, the Department of Professional
Regulation
shall conduct an investigation and take the disciplinary action
against
the licensee that the Department determines to be required under the
appropriate
licensing Act.
(Source: P.A. 95-331, eff. 8-21-07.)
20 ILCS 2105/2105-165
(20 ILCS 2105/2105-165) | ||
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(4) the impact of the offense on any injured party; | ||
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(6) the motive for the offense; | ||
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(9) the lack of prior disciplinary action, including, | ||
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(10) contrition for the offense; | ||
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(12) restitution to injured parties; | ||
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(15) the date of conviction. |
20 ILCS 2105/2105-170
(20 ILCS 2105/2105-170)
Sec. 2105-170. Health care workers; automatic suspension of license. A health care worker, as defined by the Health Care Worker Self-Referral Act, licensed by the Department shall be automatically and indefinitely suspended if the licensee has either been convicted of or has entered a plea of guilty or nolo contendere in a criminal prosecution to a criminal health care or criminal insurance fraud offense requiring intent under the laws of the State, the laws of any other state, or the laws of the United States of America, including, but not limited to, criminal Medicare or Medicaid fraud. A certified copy of the conviction or judgment shall be the basis for the suspension. If a licensee requests a hearing, then the sole purpose of the hearing shall be limited to the length of the suspension of the licensee's license, as the conviction or judgment is a matter of record and may not be challenged.
(Source: P.A. 99-211, eff. 1-1-16; 100-262, eff. 8-22-17.)
20 ILCS 2105/2105-175
(20 ILCS 2105/2105-175) (was 20 ILCS 2105/60a in part)
Sec. 2105-175. Reexaminations or rehearings. Whenever the Director is satisfied that substantial justice has not
been done either in an examination or in the revocation of, refusal to
renew, suspension, placing on probationary status, reprimanding, fining, or taking of
other disciplinary action as may be authorized in any licensing Act
administered by the Department with regard to a license, certificate, or
authority, the Director may order reexaminations or rehearings by
the same or
other examiners or hearing officers.
(Source: P.A. 99-227, eff. 8-3-15.)
20 ILCS 2105/2105-200
(20 ILCS 2105/2105-200) (was 20 ILCS 2105/60.1)
Sec. 2105-200. Index of formal decisions regarding disciplinary action. The
Department shall maintain an index
of
formal decisions regarding the issuance of or refusal to issue
licenses, the renewal of or
refusal to renew licenses, the revocation or suspension of
licenses, and probationary
or other disciplinary action taken by the Department after August 31, 1971
(the effective
date of Public Act 77-1400). The index shall be
available to
the public during regular business hours.
(Source: P.A. 99-227, eff. 8-3-15.)
20 ILCS 2105/2105-205
(20 ILCS 2105/2105-205) (was 20 ILCS 2105/60.3)
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(2) the number of applicants for a new license, | ||
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(3) the number of applicants for a new license, | ||
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(4) the number of applicants for a new license, | ||
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(5) the number of applicants for a new license, | ||
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(6) the number of applicants for new license, | ||
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(7) the number of licenses issued on probation within | ||
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(8) the number of licensees or certificate holders | ||
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(Source: P.A. 102-105, eff. 1-1-22.) |
20 ILCS 2105/2105-207
(20 ILCS 2105/2105-207) | ||
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(2) the licensee has had no incidents of discipline | ||
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(3) the Department has no pending investigations | ||
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(4) the licensee is not currently in a disciplinary | ||
(b) An application to make disciplinary records confidential shall only be considered by the Department for an offense or action relating to: | ||
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(5) advertising; | ||
(A) that did not arise from the licensed activity | ||
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(B) that were dismissed or for which records have | ||
(5.2) past probationary status of a license issued to | ||
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(6) any grounds for discipline removed from the | ||
(c) An application shall be submitted to and considered by the Director of the Division of Professional Regulation upon submission of an application and the required non-refundable fee. The Department may establish additional requirements by rule. The Department is not required to report the removal of any disciplinary record to any national database. Nothing in this Section shall prohibit the Department from using a previous discipline for any regulatory purpose or from releasing records of a previous discipline upon request from law enforcement, or other governmental body as permitted by law. Classification of records as confidential shall result in removal of records of discipline from records kept pursuant to Sections 2105-200 and 2105-205 of this Act.
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20 ILCS 2105/2105-210
(20 ILCS 2105/2105-210) (was 20 ILCS 2105/60.2)
Sec. 2105-210.
(Repealed).
(Source: P.A. 91-239, eff. 1-1-00. Repealed by P.A. 91-827, eff. 6-13-00.)
20 ILCS 2105/2105-215
(20 ILCS 2105/2105-215) (was 20 ILCS 2105/61a)
Sec. 2105-215.
Proof of Department records.
The papers, entries, and records of the Department or parts thereof may
be proved in any legal proceeding by a copy thereof certified under the
signature of the keeper thereof in the name of the Department
with a seal of the
Department attached. A fee of $1.00 shall be paid to the Department for
the certification.
(Source: P.A. 91-239, eff. 1-1-00.)
20 ILCS 2105/2105-220
(20 ILCS 2105/2105-220) (was 20 ILCS 2105/61b)
Sec. 2105-220.
Release of Department records pursuant to subpoena.
Prior to the release of any records of the Department
pursuant to a subpoena in a civil or criminal proceeding, the party seeking
the records shall pay to the Department $1.00 per page for the
records.
(Source: P.A. 91-239, eff. 1-1-00.)
20 ILCS 2105/2105-300
(20 ILCS 2105/2105-300) (was 20 ILCS 2105/61e)
Sec. 2105-300. Professions Indirect Cost Fund; allocations;
analyses.
(a) Appropriations for the direct and allocable indirect costs of licensing
and regulating each regulated profession, trade, occupation, or industry are intended to
be payable from the fees and fines that are assessed and collected from that
profession, trade, occupation, or industry, to the extent that those fees and fines are
sufficient. In any fiscal year in which the fees and fines generated by a
specific profession, trade, occupation, or industry are insufficient to finance the
necessary direct and allocable indirect costs of licensing and regulating that
profession, trade,
occupation, or industry, the remainder of those costs shall be
financed from appropriations payable from revenue sources other than fees and
fines. The direct and allocable indirect costs of the Department identified in
its cost allocation plans that are not attributable to the licensing and
regulation of a specific profession, trade, or occupation, or industry or group of
professions, trades, occupations, or industries shall be financed from appropriations from
revenue sources other than fees and fines.
(b) The Professions Indirect Cost Fund is hereby created as a special fund
in the State Treasury. Except as provided in subsection (e), the Fund may receive transfers of moneys authorized by
the Department from the cash balances in special
funds that receive revenues from the fees and fines associated with the
licensing of regulated professions, trades, occupations, and industries by the Department.
Moneys in the Fund shall be invested and earnings on the investments shall
be retained in the Fund.
Subject to appropriation, the Department shall use moneys in the Fund to pay
the ordinary and necessary allocable indirect expenses associated with each of
the regulated professions, trades,
occupations, and industries.
(c) Before the beginning of each fiscal year, the Department shall prepare
a cost allocation analysis to be used in establishing the necessary
appropriation levels for each cost purpose and revenue source. At the
conclusion of each fiscal year, the Department shall prepare a cost allocation
analysis reflecting the extent of the variation between how the costs were
actually financed in that year and the planned cost allocation for that year.
Variations between the planned and actual cost allocations for the prior fiscal
year shall be adjusted into the Department's planned cost allocation for the
next fiscal year.
Each cost allocation analysis shall separately identify the direct and
allocable indirect costs of each regulated profession, trade, occupation, or industry and
the costs of the Department's general public health and safety purposes.
The analyses shall determine whether the direct and allocable indirect
costs of each regulated profession, trade,
occupation, or industry and the costs of the
Department's general public health and safety purposes are sufficiently
financed from their respective funding sources. The Department shall prepare
the cost allocation analyses in consultation with the respective regulated
professions, trades, occupations, and industries and shall make copies of the analyses
available to them in a timely fashion.
(d) Except as provided in subsection (e), the Department may direct the State Comptroller and Treasurer to
transfer moneys from the special funds that receive fees and fines associated
with regulated professions, trades, occupations, and industries into the Professions
Indirect Cost Fund in accordance with the Department's cost allocation analysis
plan for the applicable fiscal year. For a given fiscal year, the Department
shall not direct the transfer of moneys under this subsection from a special
fund associated with a specific regulated profession, trade, occupation, or industry (or
group of professions, trades, occupations, or industries) in an amount exceeding the
allocable indirect costs associated with that profession, trade, occupation, or industry
(or group of professions, trades, occupations, or industries) as provided in the cost
allocation analysis for that fiscal year and adjusted for allocation variations
from the prior fiscal year. No direct costs identified in the cost allocation
plan shall be used as a basis for transfers into the Professions Indirect Cost
Fund or for expenditures from the Fund.
(e) No transfer may be made to the Professions Indirect Cost Fund under this Section from the Public Pension Regulation Fund.
(Source: P.A. 99-227, eff. 8-3-15.)
20 ILCS 2105/2105-325
(20 ILCS 2105/2105-325) (was 20 ILCS 2105/60a in part)
Sec. 2105-325. Board member expenses. Except as otherwise provided in
any licensing Act, from amounts appropriated
for expenses of boards, each member of each board
shall
be reimbursed for the member's expenses
necessarily incurred
in relation to that service in accordance with the travel
regulations applicable
to the Department at the time the expenses are incurred.
(Source: P.A. 99-227, eff. 8-3-15.)
20 ILCS 2105/2105-330
(20 ILCS 2105/2105-330)
Sec. 2105-330.
Badges.
The Director must authorize to each agent, officer,
investigator, and peace officer and to any other employee of the Department
exercising the powers
of a
peace officer a distinct badge that, on its face, (i) clearly states that the
badge is authorized
by the
Department and (ii) contains a unique identifying number.
No other badge shall be authorized by
the Department.
(Source: P.A. 91-883, eff. 1-1-01.)
20 ILCS 2105/2105-350
(20 ILCS 2105/2105-350)
Sec. 2105-350. (Repealed).
(Source: P.A. 96-7, eff. 4-3-09. Repealed by P.A. 99-227, eff. 8-3-15.)
20 ILCS 2105/2105-355
(20 ILCS 2105/2105-355) | ||
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(2) restricts his, her, or its licensed or | ||
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(3) provides only the care or services that the | ||
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(4) provides a copy of his or her current | ||
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(b) The requirements of this Section 2105-355 do not apply to the exemptions authorized by the Department pursuant to Section 2105-400 of this Act.
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20 ILCS 2105/2105-360
(20 ILCS 2105/2105-360) | ||
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(2) The health care professional may not provide care | ||
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(c) The exemption from licensure shall remain in force while the health care professional is traveling with the athletic team, but shall be no longer than 10 days per individual sporting event. |
20 ILCS 2105/2105-365
(20 ILCS 2105/2105-365)
Sec. 2105-365. Continuing education; Alzheimer's disease and other dementias.
(a) As used in this Section, "health care professional" means a person licensed or registered by the Department under the following Acts: the Medical Practice Act of 1987, the Nurse Practice Act, the Clinical Psychologist Licensing Act, the Illinois Optometric Practice Act of 1987, the Illinois Physical Therapy Act, the Physician Assistant Practice Act of 1987, the Clinical Social Work and Social Work Practice Act, the Nursing Home Administrators Licensing and Disciplinary Act, the Illinois Occupational Therapy Practice Act, the Podiatric Medical Practice Act of 1987, the Respiratory Care Practice Act, the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act, and the Illinois Speech-Language Pathology and Audiology Practice Act.
(b) For license or registration renewals occurring on or after January 1, 2023, a health care professional who has continuing education requirements must complete at least a one-hour course in training on the diagnosis, treatment, and care of individuals with Alzheimer's disease and other dementias per renewal period. This training shall include, but not be limited to, assessment and diagnosis, effective communication strategies, and management and care planning. This requirement shall only apply to health care professionals who provide health care services to, and have direct patient interactions with, adult populations age 26 or older in the practice of their profession. A health care professional may count this one hour for completion of this course toward meeting the minimum credit hours required for continuing education. Any training on Alzheimer's disease and other dementias applied to meet any other State licensure requirement, professional accreditation or certification requirement, or health care institutional practice agreement may count toward the continuing education requirement under this Section.
(c) The Department may adopt rules for the implementation of this Section.
(Source: P.A. 102-399, eff. 8-16-21.)
20 ILCS 2105/2105-400
(20 ILCS 2105/2105-400)
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(2) The power to modify the scope of practice | ||
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(3) The power to expand the exemption in Section 4(a) | ||
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(b) Persons exempt from licensure under paragraph (1) of subsection (a) of this Section and persons operating under modified scope of practice provisions under paragraph (2) of subsection (a) of this Section shall be exempt from licensure or be subject to modified scope of practice only until the declared disaster has ended as provided by law. For purposes of this Section, persons working under the direction of an emergency services and disaster agency accredited by the Illinois Emergency Management Agency and a local public health department, pursuant to a declared disaster, shall be deemed to be working under the direction of the Illinois Emergency Management Agency and the Department of Public Health.
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