Bill Text: IL HB0009 | 2013-2014 | 98th General Assembly | Introduced
Bill Title: Amends the Medical Practice Act of 1987. Increases various fees concerning licenses and renewal of licenses under the Act. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2014-12-03 - Session Sine Die [HB0009 Detail]
Download: Illinois-2013-HB0009-Introduced.html
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
1 | AN ACT concerning regulation.
| ||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||
4 | Section 5. The Medical Practice Act of 1987 is amended by | ||||||||||||||||||||||||
5 | changing Section 21 as follows:
| ||||||||||||||||||||||||
6 | (225 ILCS 60/21) (from Ch. 111, par. 4400-21)
| ||||||||||||||||||||||||
7 | (Section scheduled to be repealed on December 31, 2012)
| ||||||||||||||||||||||||
8 | Sec. 21. License renewal; restoration; inactive status; | ||||||||||||||||||||||||
9 | disposition and
collection of fees. | ||||||||||||||||||||||||
10 | (A) Renewal. The expiration date and renewal period for | ||||||||||||||||||||||||
11 | each
license issued under this Act shall be set by rule. The | ||||||||||||||||||||||||
12 | holder of a
license may renew the license by paying the | ||||||||||||||||||||||||
13 | required fee. The
holder of a
license may also renew the | ||||||||||||||||||||||||
14 | license within 90 days after its expiration by
complying with | ||||||||||||||||||||||||
15 | the requirements for renewal and payment of an additional
fee. | ||||||||||||||||||||||||
16 | A license renewal within 90 days after expiration shall be | ||||||||||||||||||||||||
17 | effective
retroactively to the expiration date.
| ||||||||||||||||||||||||
18 | The Department shall mail to each licensee under this
Act, | ||||||||||||||||||||||||
19 | at his or her address of record, at least
60 days
in advance of | ||||||||||||||||||||||||
20 | the expiration date of his or her license, a renewal notice. No | ||||||||||||||||||||||||
21 | such
license shall be deemed to have lapsed until 90 days after | ||||||||||||||||||||||||
22 | the expiration
date and after such notice has been mailed by | ||||||||||||||||||||||||
23 | the
Department as herein provided.
|
| |||||||
| |||||||
1 | (B) Restoration. Any licensee who has permitted his or her
| ||||||
2 | license to lapse or who has had his or her license on inactive
| ||||||
3 | status may have his or her license restored by making | ||||||
4 | application
to the Department and filing proof acceptable to | ||||||
5 | the
Department of his or her fitness to have the
license | ||||||
6 | restored,
including evidence certifying to active practice in | ||||||
7 | another
jurisdiction satisfactory to the Department, proof of | ||||||
8 | meeting the continuing
education requirements for one renewal | ||||||
9 | period, and by paying
the required restoration fee.
| ||||||
10 | If the licensee has not maintained an active practice
in | ||||||
11 | another jurisdiction satisfactory to the Department, the
| ||||||
12 | Licensing Board shall determine, by an evaluation program
| ||||||
13 | established by rule, the applicant's fitness to resume active
| ||||||
14 | status
and may require the licensee to complete a period of
| ||||||
15 | evaluated clinical experience and may require successful
| ||||||
16 | completion of a practical examination specified by the | ||||||
17 | Licensing Board.
| ||||||
18 | However, any registrant whose license has expired while
he | ||||||
19 | or she has been engaged (a) in Federal Service on active
duty
| ||||||
20 | with the Army of the United States, the United States Navy,
the | ||||||
21 | Marine Corps, the Air Force, the Coast Guard, the Public
Health | ||||||
22 | Service or the State Militia called into the service
or | ||||||
23 | training of the United States of America, or (b) in
training or | ||||||
24 | education under the supervision of the United
States | ||||||
25 | preliminary to induction into the military service,
may have | ||||||
26 | his or her license reinstated or restored without paying
any |
| |||||||
| |||||||
1 | lapsed renewal fees, if within 2 years after honorable
| ||||||
2 | termination of such service, training, or education, he or she
| ||||||
3 | furnishes to the Department with satisfactory evidence to the
| ||||||
4 | effect that he or she has been so engaged and that his or
her
| ||||||
5 | service, training, or education has been so terminated.
| ||||||
6 | (C) Inactive licenses. Any licensee who notifies the
| ||||||
7 | Department, in writing on forms prescribed by the
Department, | ||||||
8 | may elect to place his or her license on an inactive
status and | ||||||
9 | shall, subject to rules of the Department, be
excused from | ||||||
10 | payment of renewal fees until he or she notifies the
Department | ||||||
11 | in writing of his or her desire to resume active
status.
| ||||||
12 | Any licensee requesting restoration from inactive
status | ||||||
13 | shall be required to pay the current renewal fee, provide proof | ||||||
14 | of
meeting the continuing education requirements for the period | ||||||
15 | of time the
license is inactive not to exceed one renewal | ||||||
16 | period, and
shall be required to restore his or her license as | ||||||
17 | provided
in
subsection (B).
| ||||||
18 | Any licensee whose license is in an inactive status
shall | ||||||
19 | not practice in the State of Illinois.
| ||||||
20 | (D) Disposition of monies collected. All monies
collected | ||||||
21 | under this Act by the Department shall be
deposited in the | ||||||
22 | Illinois State Medical Disciplinary Fund in
the State Treasury, | ||||||
23 | and used only for the following
purposes: (a) by the | ||||||
24 | Disciplinary
Board and Licensing Board in the exercise of its | ||||||
25 | powers and performance of its
duties, as such use is made by | ||||||
26 | the Department with full
consideration of all recommendations |
| |||||||
| |||||||
1 | of the
Disciplinary Board and Licensing Board, (b) for costs | ||||||
2 | directly related to
persons licensed under this Act, and (c) | ||||||
3 | for direct and allocable indirect
costs related to the public | ||||||
4 | purposes of the Department.
| ||||||
5 | Moneys in the Fund may be transferred to the Professions | ||||||
6 | Indirect Cost Fund
as authorized under Section 2105-300 of the | ||||||
7 | Department of Professional
Regulation Law (20 ILCS | ||||||
8 | 2105/2105-300).
| ||||||
9 | All earnings received from investment of monies in the
| ||||||
10 | Illinois State Medical Disciplinary Fund shall be deposited
in | ||||||
11 | the Illinois State Medical Disciplinary Fund and shall be
used | ||||||
12 | for the same purposes as fees deposited in such Fund.
| ||||||
13 | (E) Fees. The following fees are nonrefundable.
| ||||||
14 | (1) Applicants for any examination shall be required
to | ||||||
15 | pay, either to the Department or to the designated
testing | ||||||
16 | service, a fee covering the cost of determining the
| ||||||
17 | applicant's eligibility and providing the examination.
| ||||||
18 | Failure to appear for the examination on the scheduled | ||||||
19 | date,
at the time and place specified, after the | ||||||
20 | applicant's
application for examination has been received | ||||||
21 | and
acknowledged by the Department or the designated | ||||||
22 | testing
service, shall result in the forfeiture of the | ||||||
23 | examination
fee.
| ||||||
24 | (2) The fee for a license under Section 9 of this Act
| ||||||
25 | is $600 $300 .
| ||||||
26 | (3) The fee for a license under Section 19 of this Act
|
| |||||||
| |||||||
1 | is $600 $300 .
| ||||||
2 | (4) The fee for the renewal of a license for a resident | ||||||
3 | of Illinois
shall be calculated at the rate of $200 $100 | ||||||
4 | per year, except for licensees
who were issued a license | ||||||
5 | within 12 months of the expiration date of the
license, the | ||||||
6 | fee for the renewal shall be $200 $100 .
The fee for the | ||||||
7 | renewal
of a license for a nonresident shall be calculated | ||||||
8 | at the rate of $400 $200 per
year, except for licensees
who | ||||||
9 | were issued a license within 12 months of the expiration | ||||||
10 | date of the
license, the fee for the renewal shall be $400 | ||||||
11 | $200 .
| ||||||
12 | (5) The fee for the restoration of a license other
than | ||||||
13 | from inactive status, is $200 $100 . In addition, payment of | ||||||
14 | all
lapsed renewal fees not to exceed $1,200 $600 is | ||||||
15 | required.
| ||||||
16 | (6) The fee for a 3-year temporary license under
| ||||||
17 | Section 17 is $200 $100 .
| ||||||
18 | (7) The fee for the issuance of a duplicate license,
| ||||||
19 | for the issuance of a replacement license for a license
| ||||||
20 | which has been lost or destroyed, or for the issuance of a
| ||||||
21 | license with a change of name or address other than during
| ||||||
22 | the renewal period is $20. No fee is required for name and
| ||||||
23 | address changes on Department records when no duplicate
| ||||||
24 | license is issued.
| ||||||
25 | (8) The fee to be paid for a license record for any
| ||||||
26 | purpose is $20.
|
| |||||||
| |||||||
1 | (9) The fee to be paid to have the scoring of an
| ||||||
2 | examination, administered by the Department, reviewed and
| ||||||
3 | verified, is $20 plus any fees charged by the applicable
| ||||||
4 | testing service.
| ||||||
5 | (10) The fee to be paid by a licensee for a wall
| ||||||
6 | certificate showing his or her license shall be the actual | ||||||
7 | cost
of producing the certificate as determined by the | ||||||
8 | Department.
| ||||||
9 | (11) The fee for a roster of persons licensed as
| ||||||
10 | physicians in this State shall be the actual cost of
| ||||||
11 | producing such a roster as determined by the Department.
| ||||||
12 | (F) Any person who delivers a check or other payment to the | ||||||
13 | Department that
is returned to the Department unpaid by the | ||||||
14 | financial institution upon
which it is drawn shall pay to the | ||||||
15 | Department, in addition to the amount
already owed to the | ||||||
16 | Department, a fine of $50. The fines imposed by this Section | ||||||
17 | are in addition
to any other discipline provided under this Act | ||||||
18 | for unlicensed
practice or practice on a nonrenewed license. | ||||||
19 | The Department shall notify
the person that payment of fees and | ||||||
20 | fines shall be paid to the Department
by certified check or | ||||||
21 | money order within 30 calendar days of the
notification. If, | ||||||
22 | after the expiration of 30 days from the date of the
| ||||||
23 | notification, the person has failed to submit the necessary | ||||||
24 | remittance, the
Department shall automatically terminate the | ||||||
25 | license or certificate or deny
the application, without | ||||||
26 | hearing. If, after termination or denial, the
person seeks a |
| |||||||
| |||||||
1 | license or certificate, he or she shall apply to the
Department | ||||||
2 | for restoration or issuance of the license or certificate and
| ||||||
3 | pay all fees and fines due to the Department. The Department | ||||||
4 | may establish
a fee for the processing of an application for | ||||||
5 | restoration of a license or
certificate to pay all expenses of | ||||||
6 | processing this application. The Secretary
may waive the fines | ||||||
7 | due under this Section in individual cases where the
Secretary | ||||||
8 | finds that the fines would be unreasonable or unnecessarily
| ||||||
9 | burdensome.
| ||||||
10 | (Source: P.A. 97-622, eff. 11-23-11.)
| ||||||
11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.
|