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| Public Act 094-0452 |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Department of Professional Regulation Law of | ||||
the
Civil Administrative Code of Illinois is amended by | ||||
changing Sections 2105-5 and 2105-15 as follows:
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(20 ILCS 2105/2105-5) (was 20 ILCS 2105/60b)
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Sec. 2105-5. Definitions.
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(a) In this Law:
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"Department" means the Department of Professional | ||||
Regulation.
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"Director" means the Director of Professional Regulation.
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(b) In the construction of this Section and Sections
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2105-15, 2105-100, 2105-105, 2105-110, 2105-115, 2105-120, | ||||
2105-125, 2105-175,
and 2105-325, the following definitions | ||||
shall govern unless the context
otherwise clearly indicates:
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"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.
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"Certificate" means a license, certificate of | ||||
registration, permit, or other
authority purporting to be | ||||
issued or conferred by the Department by virtue or
authority of | ||||
which the registrant has or claims the right to engage in a
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profession, trade, occupation, or operation of which the | ||||
Department has
jurisdiction.
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"Registrant" means a person who holds or claims to hold a | ||||
certificate.
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"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.
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(Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 92-16, | ||
eff.
6-28-01.)
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(20 ILCS 2105/2105-15) (was 20 ILCS 2105/60)
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Sec. 2105-15. General powers and duties.
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(a) The Department has, subject to the provisions of the | ||
Civil
Administrative Code of Illinois, the following powers and | ||
duties:
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(1) To authorize examinations in English to ascertain | ||
the qualifications
and fitness of applicants to exercise | ||
the profession, trade, or occupation for
which the | ||
examination is held.
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(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.
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(3) To pass upon the qualifications of applicants for | ||
licenses,
certificates, and authorities, whether by | ||
examination, by reciprocity, or by
endorsement.
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(4) To prescribe rules and regulations defining, for | ||
the
respective
professions, trades, and occupations, what | ||
shall constitute a school,
college, or university, or | ||
department of a university, or other
institution, | ||
reputable and in good standing, and to determine the
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reputability and good standing of a school, college, or | ||
university, or
department of a university, or other | ||
institution, reputable and in good
standing, by reference | ||
to a compliance with those rules and regulations;
provided, | ||
that no school, college, or university, or department of a
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university, or other institution that refuses admittance | ||
to applicants
solely on account of race, color, creed, sex, | ||
or national origin shall be
considered reputable and in | ||
good standing.
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(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
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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. The Department shall issue a monthly
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disciplinary report. The Department shall deny any license | ||
or
renewal authorized by the Civil Administrative Code of | ||
Illinois to any person
who has defaulted on an
educational | ||
loan or scholarship provided by or guaranteed by the | ||
Illinois
Student Assistance Commission or any governmental | ||
agency of this State;
however, the Department may issue a | ||
license or renewal if the
aforementioned persons have | ||
established a satisfactory repayment record as
determined | ||
by the Illinois Student Assistance Commission or other | ||
appropriate
governmental agency of this State. | ||
Additionally, beginning June 1, 1996,
any license issued by | ||
the Department may be suspended or revoked if the
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Department, after the opportunity for a hearing under the | ||
appropriate licensing
Act, finds that the licensee has | ||
failed to make satisfactory repayment to the
Illinois | ||
Student Assistance Commission for a delinquent or | ||
defaulted loan.
For the purposes of this Section, | ||
"satisfactory repayment record" shall be
defined by rule. | ||
The Department shall refuse to issue or renew a license to,
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or shall suspend or revoke a license of, any person who, | ||
after receiving
notice, fails to comply with a subpoena or | ||
warrant relating to a paternity or
child support | ||
proceeding. However, the Department may issue a license or
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renewal upon compliance with the subpoena or warrant.
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The Department, without further process or hearings, | ||
shall revoke, suspend,
or deny any license or renewal | ||
authorized by the Civil Administrative Code of
Illinois to | ||
a person who is certified by the Illinois Department of | ||
Public Aid
as being more than 30 days delinquent in | ||
complying with a child support order
or who is certified by | ||
a court as being in violation of the Non-Support
Punishment | ||
Act for more than 60 days. The Department may, however, | ||
issue a
license or renewal if the person has established a | ||
satisfactory repayment
record as determined by the | ||
Illinois Department of Public Aid or if the person
is | ||
determined by the court to be in compliance with the | ||
Non-Support Punishment
Act. The Department may implement | ||
this paragraph as added by Public Act 89-6
through the use | ||
of emergency rules in accordance with Section 5-45 of the
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Illinois Administrative Procedure Act. For purposes of the | ||
Illinois
Administrative Procedure Act, the adoption of | ||
rules to implement this
paragraph shall be considered an | ||
emergency and necessary for the public
interest, safety, | ||
and welfare.
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(6) To transfer jurisdiction of any realty under the | ||
control of the
Department to any other department of the | ||
State Government or to acquire
or accept federal lands when | ||
the transfer, acquisition, or acceptance is
advantageous | ||
to the State and is approved in writing by the Governor.
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(7) To formulate rules and regulations necessary for | ||
the enforcement of
any Act administered by the Department.
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(8) To exchange with the Illinois Department of Public | ||
Aid information
that may be necessary for the enforcement | ||
of child support orders entered
pursuant to the Illinois | ||
Public Aid Code, the Illinois Marriage and Dissolution
of | ||
Marriage Act, the Non-Support of Spouse and Children Act, | ||
the Non-Support
Punishment Act, the Revised Uniform | ||
Reciprocal Enforcement of Support Act, the
Uniform | ||
Interstate Family Support Act, or the Illinois Parentage | ||
Act of 1984.
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 Illinois | ||
Department of
Public Aid under this paragraph (8) or for | ||
any other action taken in good faith
to comply with the | ||
requirements of this paragraph (8).
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(9) To perform other duties prescribed
by law.
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(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 | ||
made directly or through the Department to the Department of | ||
Central
Management Services for deposit into the Paper and | ||
Printing Revolving Fund.
The remainder shall be deposited into | ||
the General Revenue Fund.
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(c) For the purpose of securing and preparing evidence, and | ||
for the purchase
of controlled substances, professional | ||
services, and equipment necessary for
enforcement activities, | ||
recoupment of investigative costs, and other activities
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directed at suppressing the misuse and abuse of controlled | ||
substances,
including those activities set forth in Sections | ||
504 and 508 of the Illinois
Controlled Substances Act, the | ||
Director and agents appointed and authorized by
the Director | ||
may expend sums from the Professional Regulation Evidence Fund
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that the Director deems necessary from the amounts appropriated | ||
for that
purpose. Those sums may be advanced to the agent when | ||
the Director deems that
procedure to be in the public interest. | ||
Sums for the purchase of controlled
substances, professional | ||
services, and equipment necessary for enforcement
activities | ||
and other activities as set forth in this Section shall be | ||
advanced
to the agent who is to make the purchase from the | ||
Professional Regulation
Evidence Fund on vouchers signed by the | ||
Director. 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 | ||
this Section; provided, that no check may be written
nor any | ||
withdrawal made from any such account except upon the written
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signatures of 2 persons designated by the Director to write | ||
those checks and
make those withdrawals. Vouchers for those | ||
expenditures must be signed by the
Director. All such | ||
expenditures shall be audited by the Director, and the
audit | ||
shall be submitted to the Department of Central Management | ||
Services for
approval.
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(d) Whenever the Department is authorized or required by | ||
law to consider
some aspect of criminal history record | ||
information for the purpose of carrying
out its statutory | ||
powers and responsibilities, then, upon request and payment
of | ||
fees in conformance with the requirements of Section 2605-400 | ||
of the
Department of State Police Law (20 ILCS 2605/2605-400), | ||
the Department of State
Police is authorized to furnish, | ||
pursuant to positive identification, the
information contained | ||
in State files that is necessary to fulfill the request.
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(e) The provisions of this Section do not apply to private | ||
business and
vocational schools as defined by Section 1 of the | ||
Private Business and
Vocational Schools Act.
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(f) Beginning July 1, 1995, this Section does not apply to | ||
those
professions, trades, and occupations licensed under the | ||
Real Estate License
Act of 2000, nor does it apply to any | ||
permits, certificates, or other
authorizations to do business | ||
provided for in the Land Sales Registration Act
of 1989 or the | ||
Illinois Real Estate Time-Share Act.
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(g) The Department may grant the title "Retired", to be | ||
used immediately adjacent to the title of a profession | ||
regulated by the Department, to eligible retirees. The use of | ||
the title "Retired" shall not constitute representation of | ||
current licensure, registration, or certification. Any person | ||
without an active license, registration, or certificate in a | ||
profession that requires licensure, registration, or | ||
certification shall not be permitted to practice that | ||
profession.
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(Source: P.A. 91-239, eff. 1-1-00; 91-245, eff. 12-31-99;
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91-613, eff. 10-1-99; 92-16, eff. 6-28-01.)
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Section 10. The Professional Engineering Practice Act of | ||
1989 is amended by changing Section 9 as follows:
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(225 ILCS 325/9) (from Ch. 111, par. 5209)
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(Section scheduled to be repealed on January 1, 2010)
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Sec. 9. Licensure qualifications; Examinations; Failure or | ||
refusal
to take examinations. Examinations provided for by this | ||
Act shall be
conducted under rules prescribed by the | ||
Department. Examinations shall
be held not less frequently than | ||
semi-annually, at times and places
prescribed by the | ||
Department, of which applicants shall be notified by
the | ||
Department in writing.
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Beginning on or before January 1, 2005, a principles of | ||
practice
examination in Software Engineering shall be offered | ||
to applicants.
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Examinations of the applicants who seek to practice | ||
professional
engineering shall ascertain: (a) if the applicant | ||
has an adequate
understanding of the basic and engineering | ||
sciences, which shall embrace
subjects required of candidates | ||
for an approved baccalaureate degree in
engineering, and (b) if | ||
the training and experience of the applicant
have provided a | ||
background for the application of the basic and
engineering | ||
sciences to the solution of engineering problems. The
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Department may by rule prescribe additional subjects for | ||
examination.
If an applicant neglects, fails without an | ||
approved excuse, or refuses
to take the next available | ||
examination offered for licensure under this
Act within 3 years | ||
after filing the application, the fee paid by the
applicant | ||
shall be forfeited and the application denied. If an
applicant | ||
fails to pass an examination for licensure under this Act
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within 3 years after filing the application, the application | ||
shall be
denied. However, such applicant may thereafter make a | ||
new application
for examination, accompanied by the required | ||
fee.
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(Source: P.A. 92-145, eff. 1-1-02.)
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Section 99. Effective date. This Act takes effect January | ||
1, 2006.
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