Bill Text: IL SB0770 | 2017-2018 | 100th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Regulatory Sunset Act by extending the repeal date of the Home Medical Equipment and Service Provider License Act from January 1, 2018 to January 1, 2028. Amends the Home Medical Equipment and Services Provider License Act. Makes changes in provisions concerning powers and duties of the Department of Financial and Professional Regulation, the Home Medical Equipment and Services Board, applications for original licensure, discipline of license, investigations, notices and hearings, findings and recommendations by the Board, hearing officers, and the application of the Administrative Review law. Provides that all applicants and licensees shall provide a valid address and email address, which shall serve as the address and email address of record, and shall inform the Department of any change of address or email address through specified means. Provides provisions concerning confidentiality of information collected by the Department in the course of an examination or investigation. Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Failed) 2018-02-14 - Total Veto Stands [SB0770 Detail]

Download: Illinois-2017-SB0770-Engrossed.html

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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Regulatory Sunset Act is amended by changing
Section 4.28 and by adding Section 4.38 as follows:
(5 ILCS 80/4.28)
Sec. 4.28. Acts repealed on January 1, 2018. The following
Acts are repealed on January 1, 2018:
The Illinois Petroleum Education and Marketing Act.
The Podiatric Medical Practice Act of 1987.
The Acupuncture Practice Act.
The Illinois Speech-Language Pathology and Audiology
Practice Act.
The Interpreter for the Deaf Licensure Act of 2007.
The Nurse Practice Act.
The Clinical Social Work and Social Work Practice Act.
The Pharmacy Practice Act.
The Home Medical Equipment and Services Provider License
Act.
The Marriage and Family Therapy Licensing Act.
The Nursing Home Administrators Licensing and Disciplinary
Act.
The Physician Assistant Practice Act of 1987.

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(Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07;
95-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff.
9-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689,
eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08;
96-328, eff. 8-11-09.)
(5 ILCS 80/4.38 new)
Sec. 4.38. Act repealed on January 1, 2028. The following
Act is repealed on January 1, 2028:
The Home Medical Equipment and Services Provider License
Act.
Section 10. The Home Medical Equipment and Services
Provider License Act is amended by changing Sections 10, 15,
20, 25, 30, 75, 95, 100, 110, 115, 125, 135, 150, and 165 and by
adding Sections 13 and 185 as follows:
(225 ILCS 51/10)
(Section scheduled to be repealed on January 1, 2018)
Sec. 10. Definitions. As used in this Act:
(1) "Department" means the Department of Financial and
Professional Regulation.
(2) "Secretary" means the Secretary of Financial and
Professional Regulation.
(3) "Board" means the Home Medical Equipment and
Services Board.

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(4) "Home medical equipment and services provider" or
"provider" means a legal entity, as defined by State law,
engaged in the business of providing home medical equipment
and services, whether directly or through a contractual
arrangement, to an unrelated sick individual or an
unrelated individual with a disability where that
individual resides.
(5) "Home medical equipment and services" means the
delivery, installation, maintenance, replacement, or
instruction in the use of medical equipment used by a sick
individual or an individual with a disability to allow the
individual to be maintained in his or her residence.
(6) "Home medical equipment" means technologically
sophisticated medical devices, apparatuses, machines, or
other similar articles bearing a label that states
"Caution: federal law requires dispensing by or on the
order of a physician.", which are usable in a home care
setting, including but not limited to:
(A) oxygen and oxygen delivery systems;
(B) ventilators;
(C) respiratory disease management devices,
excluding compressor driven nebulizers;
(D) wheelchair seating systems;
(E) apnea monitors;
(F) transcutaneous electrical nerve stimulator
(TENS) units;

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(G) low air-loss cutaneous pressure management
devices;
(H) sequential compression devices;
(I) neonatal home phototherapy devices;
(J) enteral feeding pumps; and
(K) other similar equipment as defined by the
Board.
"Home medical equipment" also includes hospital beds
and electronic and computer-driven wheelchairs, excluding
scooters.
(7) "Address of record" means the designated address
recorded by the Department in the applicant's or licensee's
application file or license file maintained by the
Department's licensure maintenance unit. It is the duty of
the applicant or licensee to inform the Department of any
change of address, and such changes must be made either
through the Department's website or by contacting the
Department's licensure maintenance unit.
(8) "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.
(Source: P.A. 99-143, eff. 7-27-15.)
(225 ILCS 51/13 new)
Sec. 13. Address of record; email address of record. All

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applicants and licensees shall:
(1) provide a valid address and email address to the
Department, which shall serve as the address of record and
email address of record, respectively, at the time of
application for licensure or renewal of a license; and
(2) inform the Department of any change of address of
record or email address of record within 14 days after such
change either through the Department's website or by
contacting the Department's licensure maintenance unit.
(225 ILCS 51/15)
(Section scheduled to be repealed on January 1, 2018)
Sec. 15. Licensure requirement; exempt activities.
(a) No entity shall provide or hold itself out as providing
home medical equipment and services, or use the title "home
medical equipment and services provider" in connection with his
or her profession or business, without a license issued by the
Department under this Act.
(b) Nothing in this Act shall be construed as preventing or
restricting the practices, services, or activities of the
following, unless those practices, services, or activities
include providing home medical equipment and services through a
separate legal entity:
(1) a person licensed or registered in this State by
any other law engaging in the profession or occupation for
which he or she is licensed or registered;

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(2) a home medical services provider entity that is
accredited under home care standards by a recognized
accrediting body;
(3) home health agencies that do not have a Part B
Medicare supplier number or that do not engage in the
provision of home medical equipment and services;
(4) hospitals, excluding hospital-owned and
hospital-related providers of home medical equipment and
services;
(5) manufacturers and wholesale distributors of home
medical equipment who do not sell directly to a patient;
(6) health care practitioners who lawfully prescribe
or order home medical equipment and services, or who use
home medical equipment and services to treat their
patients, including but not limited to physicians, nurses,
physical therapists, respiratory therapists, occupational
therapists, speech-language pathologists, optometrists,
chiropractors, and podiatric physicians;
(7) pharmacists, pharmacies, and home infusion
pharmacies that are not engaged in the sale or rental of
home medical equipment and services;
(8) hospice programs that do not involve the sale or
rental of home medical equipment and services;
(9) nursing homes;
(10) veterinarians;
(11) dentists; and

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(12) emergency medical service providers.
(Source: P.A. 98-214, eff. 8-9-13.)
(225 ILCS 51/20)
(Section scheduled to be repealed on January 1, 2018)
Sec. 20. Powers and duties of the Department.
(a) The Department shall exercise the powers and duties
prescribed by the Civil Administrative Code of Illinois for the
administration of licensure Acts and shall exercise other
powers and duties necessary for effectuating the purposes of
this Act.
(b) The Department may adopt rules to administer and
enforce this Act, including but not limited to fees for
original licensure and renewal and restoration of licenses, and
may prescribe forms to be issued to implement this Act. At a
minimum, the rules adopted by the Department shall include
standards and criteria for licensure and for professional
conduct and discipline. The Department may shall consult with
the Board in adopting rules. Notice of proposed rulemaking
shall be transmitted to the Board, and the Department shall
review the Board's response and any recommendations made in the
response. The Department shall notify the Board in writing with
proper explanation of deviations from the Board's
recommendations and response.
(c) The Department may at any time seek the advice and
expert knowledge of the Board on any matter relating to the

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administration of this Act.
(d) (Blank).
(Source: P.A. 95-703, eff. 12-31-07.)
(225 ILCS 51/25)
(Section scheduled to be repealed on January 1, 2018)
Sec. 25. Home Medical Equipment and Services Board. The
Secretary shall appoint a Home Medical Equipment and Services
Board, in consultation with a state association representing
the home medical equipment and services industry, to serve in
an advisory capacity to the Secretary. The Board shall consist
of 7 members. Four members shall be home medical equipment and
services provider representatives, at least one of whom shall
be a pharmacy-based provider. The 3 remaining members shall
include one home care clinical specialist, one respiratory care
practitioner, and one public member. The public member shall
not be engaged in any way, directly or indirectly, as a
provider of health care.
Members shall serve 4-year 4 year terms and until their
successors are appointed and qualified. No member shall be
reappointed to the Board for a term that would cause continuous
service on the Board to exceed 8 years. Appointments to fill
vacancies shall be made in the same manner as original
appointments, for the unexpired portion of the vacated term.
The home medical equipment and services provider
representatives appointed to the Board shall have engaged in

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the provision of home medical equipment and services or related
home care services for at least 3 years prior to their
appointment, shall be currently engaged in providing home
medical equipment and services in the State of Illinois, and
must have no record of convictions related to fraud or abuse
under either State or federal law.
The membership of the Board should reasonably reflect
representation from the geographic areas in this State.
The Board shall annually elect one of its members as
chairperson and vice chairperson.
Each Board member shall be paid his or her necessary
expenses while engaged in the performance of his or her duties.
Members of the Board shall receive as compensation a reasonable
sum as determined by the Secretary for each day actually
engaged in the duties of the office, and shall be reimbursed
for authorized expenses incurred in performing the duties of
the office.
The Secretary may terminate the appointment of any member
for cause which in the opinion of the Secretary reasonably
justifies the termination. The Secretary shall be the sole
arbiter of whether the cause reasonably justifies termination.
Members of the Board shall be immune from suit in an action
based upon any disciplinary proceedings or other activities
performed in good faith as members of the Board.
A majority of Board members currently appointed shall
constitute a quorum. A vacancy in the membership of the Board

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shall not impair the rights of a quorum to exercise the rights
and perform all of the duties of the Board.
(Source: P.A. 95-703, eff. 12-31-07.)
(225 ILCS 51/30)
(Section scheduled to be repealed on January 1, 2018)
Sec. 30. Application for original licensure. Applications
for original licensure shall be made to the Department in
writing or electronically and signed by the applicant on forms
prescribed by the Department or by electronic form and shall be
accompanied by a nonrefundable fee set by rule of the
Department. The Department may require from an applicant
information that, in its judgment, will enable the Department
to pass on the qualifications of the applicant for licensure.
An applicant has 3 years from the date of application to
complete the application process. If the process has not been
completed in 3 years, the application shall be denied, the fee
shall be forfeited, and the applicant must reapply and meet the
requirements in effect at the time of reapplication.
(Source: P.A. 90-532, eff. 11-14-97.)
(225 ILCS 51/75)
(Section scheduled to be repealed on January 1, 2018)
Sec. 75. Refused issuance, suspension, or revocation, or
other discipline of license.
(a) The Department may refuse to issue, renew, or restore a

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license, or may revoke, suspend, place on probation, reprimand,
impose a fine not to exceed $10,000 for each violation, or take
other disciplinary or non-disciplinary action as the
Department may deem proper with regard to a licensee for any
one or combination of the following reasons:
(1) Making a material misstatement in furnishing
information to the Department.
(2) Violation of this Act or its rules.
(3) Conviction of the licensee or any owner or officer
of the licensee by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing for any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States that (i)
is a felony under the laws of this State or (ii) is a
misdemeanor, an essential element of which is dishonesty,
or that is directly related to the home medical and
equipment services. Conviction of or entry of a plea of
guilty or nolo contendere to any crime that is a felony
under the laws of the United States or any state or
territory thereof or a misdemeanor, an essential element of
which is dishonesty or that is directly related to the
practice of the profession.
(4) Making a misrepresentation to obtain licensure or
to violate a provision of this Act.

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(5) Gross negligence in practice under this Act.
(6) Engaging in a pattern of practice or other behavior
that demonstrates incapacity or incompetence to practice
under this Act.
(7) Aiding, assisting, or willingly permitting another
person in violating any provision of this Act or its rules.
(8) Failing, within 30 days, to provide information in
response to a written request made by the Department.
(9) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(10) Adverse action taken Discipline by another state,
District of Columbia, territory, or foreign nation, if at
least one of the grounds for the discipline is the same or
substantially equivalent to one set forth in this Act.
(11) Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership, or association
any fee, commission, rebate, or other form of compensation
for any services not actually or personally rendered.
(12) A finding that the licensee, after having its
license placed on probationary status, has violated the
terms of probation.
(13) Willfully making or filing false records or
reports in the course of providing home medical equipment
and services, including but not limited to false records or
reports filed with State agencies or departments.

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(14) Solicitation of business services, other than
according to permitted advertising.
(15) The use of any words, abbreviations, figures, or
letters with the intention of indicating practice as a home
medical equipment and services provider without a license
issued under this Act.
(16) Failure to file a return, or to 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 Department of Revenue,
until such time as the requirements of any such tax Act are
satisfied.
(17) Failure to comply with federal or State laws and
regulations concerning home medical equipment and services
providers.
(18) Solicitation of professional services using false
or misleading advertising.
(19) Failure to display a license in accordance with
Section 45.
(20) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that results in the inability to practice with reasonable
judgment, skill, or safety by an owner or officer of the
licensee.
(21) Physical illness, mental illness, or disability,
including without limitation deterioration through the

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aging process and loss of motor skill, that results in the
inability to practice the profession with reasonable
judgment, skill, or safety by an owner or officer of the
licensee.
All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the fine
or in accordance with the terms set forth in the order imposing
the fine.
(Source: P.A. 95-703, eff. 12-31-07.)
(225 ILCS 51/95)
(Section scheduled to be repealed on January 1, 2018)
Sec. 95. Investigations; notice and hearing.
(a) The Department may investigate the actions of an
applicant or of an entity holding or claiming to hold a
license.
(b) The Department shall, before refusing to issue or renew
a license or disciplining a licensee, at least 30 days prior to
the date set for the hearing, notify in writing the applicant
or licensee of the nature of the charges and that a hearing
will be held on the date designated. The Department shall
direct the applicant or licensee to file a written answer to
the Board under oath within 20 days after the service of the
notice and inform the applicant or licensee that failure to
file an answer will result in default being taken against the
applicant or licensee and that the license may be suspended,

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revoked, placed on probationary status, or other disciplinary
action may be taken, including limiting the scope, nature, or
extent of business, as the Secretary may deem proper. Written
notice may be served by personal delivery, or certified or
registered mail to the applicant or licensee at his or her
address of record, or email to the applicant or licensee's
email address of record. If the entity fails to file an answer
after receiving notice, the entity's license may, in the
discretion of the Department, be suspended, revoked, or placed
on probationary status, or the Department may take whatever
disciplinary or non-disciplinary action it deems proper,
including limiting the scope, nature, or extent of the entity's
business, or imposing a fine, without a hearing, if the act or
acts charged constitute sufficient grounds for such action
under this Act. At the time and place fixed in the notice, the
Board shall proceed to hear the charges, and the parties or
their counsel shall be accorded ample opportunity to present
such statements, testimony, evidence, and argument as may be
pertinent to the charges or to their defense. The Board may
continue a hearing from time to time.
(c) An individual or organization acting in good faith, and
not in a willful and wanton manner, by participating in
proceedings of the Board, or by serving as a member of the
Board, shall not, as a result of such actions, be subject to
criminal prosecution or civil damages.
(d) Members of the Board shall be indemnified by the State

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for any actions occurring within the scope of services on the
Board, done in good faith and not willful and wanton in nature.
The Attorney General shall defend all such actions unless he or
she determines either that there would be a conflict of
interest in such representation or that the actions complained
of were not in good faith or were willful and wanton.
If the Attorney General declines representation, the
member has the right to employ counsel of his or her choice,
whose fees shall be provided by the State, after approval by
the Attorney General, unless there is a determination by a
court that the member's actions were not in good faith or were
willful and wanton.
The member must notify the Attorney General within 7 days
after receipt of notice of the initiation of any action
involving services of the Board. Failure to so notify the
Attorney General shall constitute an absolute waiver of the
right to a defense and indemnification.
The Attorney General shall determine, within 7 days after
receiving such notice, whether he or she will undertake to
represent the member.
(Source: P.A. 95-703, eff. 12-31-07.)
(225 ILCS 51/100)
(Section scheduled to be repealed on January 1, 2018)
Sec. 100. Shorthand reporter Stenographer; transcript. The
Department, at its expense, shall provide a shorthand reporter

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to take down the testimony and preserve a record of all
proceedings at the formal hearing of any case involving the
refusal to issue or renew a license or the discipline of a
licensee. The notice of hearing, complaint, and all other
documents in the nature of pleadings, written motions filed in
the proceedings, the transcript of testimony, the report of the
Board, and the order of the Department shall be the record of
the proceeding.
(Source: P.A. 90-532, eff. 11-14-97.)
(225 ILCS 51/110)
(Section scheduled to be repealed on January 1, 2018)
Sec. 110. Findings and recommendations. At the conclusion
of the hearing the Board shall present to the Secretary a
written report of its findings and recommendations. The report
shall contain a finding of whether or not the accused entity
violated this Act or failed to comply with the conditions
required in this Act. The Board shall specify the nature of the
violation or failure to comply, and shall make its
recommendations to the Secretary.
The report of findings of fact, conclusions of law, and
recommendation of the Board shall be the basis for the
Department's order for refusing to issue, restore, or renew a
license, or otherwise disciplining a licensee, or for the
granting of a license. If the Secretary disagrees with the
report, findings of fact, conclusions of law, and

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recommendations of the Board, the Secretary may issue an order
in contravention of the Board's recommendations. The report of
findings and recommendations of the Board may be the basis for
the Department's order of refusal or for the granting of
licensure unless the Secretary shall determine that the Board's
report is contrary to the manifest weight of the evidence, in
which case the Secretary may issue an order in contravention of
the Board's report. The finding is not admissible in evidence
against the entity in a criminal prosecution brought for the
violation of this Act, but the hearing and finding are not a
bar to a criminal prosecution brought for the violation of this
Act.
(Source: P.A. 95-703, eff. 12-31-07.)
(225 ILCS 51/115)
(Section scheduled to be repealed on January 1, 2018)
Sec. 115. Rehearing on motion. In a case involving the
refusal to issue or renew a license or the discipline of a
licensee, a copy of the Board's report shall be served upon the
respondent by the Department, either personally or as provided
in this Act for the service of the notice of hearing. Within 20
days after such service, the respondent may present to the
Department a motion in writing for a rehearing, which shall
specify the particular grounds for the rehearing. If no motion
for rehearing is filed, then upon the expiration of the time
specified for filing the motion, or if a motion for rehearing

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is denied, then upon such denial the Secretary may enter an
order in accordance with recommendations of the Board except as
provided in Sections 110 and Section 120 of this Act.
(Source: P.A. 95-703, eff. 12-31-07.)
(225 ILCS 51/125)
(Section scheduled to be repealed on January 1, 2018)
Sec. 125. Hearing officer. The Secretary has the authority
to appoint an attorney duly licensed to practice law in the
State of Illinois to serve as the hearing officer in an action
for refusal to issue or renew a license, or for the discipline
of a licensee. The Secretary shall notify the Board of an
appointment. The hearing officer shall have full authority to
conduct the hearing. The hearing officer shall report his or
her findings and recommendations to the Board and the
Secretary. The Board shall have 60 days from receipt of the
report to review the report of the hearing officer and present
its findings of fact, conclusions of law and recommendation to
the Secretary. If the Board fails to present its report within
the 60-day 60 day period, the respondent may request in writing
a direct appeal to the Secretary, in which case the Secretary
may shall, within 7 calendar days after the request, issue an
order directing the Board to issue its findings of fact,
conclusions of law, and recommendations to the Secretary within
30 calendar days after such order. If the Board fails to issue
its findings of fact, conclusions of law, and recommendations

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within that time frame to the Secretary after the entry of such
order, the Secretary shall, within 30 calendar days thereafter,
issue an order based upon the report of the hearing officer and
the record of the proceedings or issue an order remanding the
matter back to the hearing officer for additional proceedings
in accordance with the order. If (i) a direct appeal is
requested, (ii) the Board fails to issue its findings of fact,
conclusions of law, and recommendations within the 30-day
mandate from the Secretary or the Secretary fails to order the
Board to do so, and (iii) the Secretary fails to issue an order
within 30 calendar days thereafter, then the hearing officer's
report is deemed accepted and a final decision of the
Secretary. Notwithstanding any other provision of this
Section, if the Secretary, upon review, determines that
substantial justice has not been done in the revocation,
suspension, or refusal to issue or renew a license or other
disciplinary action taken as the result of the entry of the
hearing officer's or Board's report, the Secretary may order a
rehearing by the same or other examiners. If the Secretary
disagrees in any regard with the report of the Board, the
Secretary may issue an order in contravention thereof. If the
Secretary determines that the Board's report is contrary to the
manifest weight of the evidence, he or she may issue an order
in contravention of the Board's report.
(Source: P.A. 95-703, eff. 12-31-07.)

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(225 ILCS 51/135)
(Section scheduled to be repealed on January 1, 2018)
Sec. 135. Restoration of license. At any time after the
successful completion of a term of probation, suspension, or
revocation of a license, the Department may restore the license
to the accused entity upon the written recommendation of the
Board unless, after an investigation and a hearing, the Board
determines that restoration is not in the public interest.
Restoration under this Section requires the filing of all
applications and payment of all fees required by the
Department.
(Source: P.A. 95-703, eff. 12-31-07.)
(225 ILCS 51/150)
(Section scheduled to be repealed on January 1, 2018)
Sec. 150. Administrative Review Law. All final
administrative decisions of the Department are subject to
judicial review pursuant to the provisions of the
Administrative Review Law, as now or hereafter amended, and all
rules adopted pursuant to that Law. The term "administrative
decision" is defined as in Section 3-101 of the Code of Civil
Procedure.
Proceedings for judicial review shall be commenced in the
circuit court of the county in which the party applying for
relief resides, but if the party is not a resident of this
State, the venue shall be in Sangamon County.

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The Department shall not be required to certify any record
to the court or file any answer in court or otherwise appear in
any court in a judicial review proceeding, unless and until the
Department has received from the plaintiff payment of the costs
of furnishing and certifying the record, which costs shall be
determined by the Department. Exhibits shall be certified
without cost. Failure on the part of the plaintiff to file a
receipt in court shall be grounds for dismissal of the action.
During the pendency and hearing of any and all judicial
proceedings incident to a disciplinary action, any sanctions
imposed upon the respondent by the Department because of acts
or omissions related to the delivery of direct patient care as
specified in the Department's final administrative decision
shall, as a matter of public policy, remain in full force and
effect in order to protect the public pending final resolution
of any of the proceedings.
(Source: P.A. 90-532, eff. 11-14-97.)
(225 ILCS 51/165)
(Section scheduled to be repealed on January 1, 2018)
Sec. 165. Illinois Administrative Procedure Act. The
Illinois Administrative Procedure Act is hereby expressly
adopted and incorporated in this Act as if all of the
provisions of that Act were included in this Act, except that
the provision of subsection (d) of Section 10-65 of the
Illinois Administrative Procedure Act, which provides that at

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hearings the license holder has the right to show compliance
with all lawful requirements for retention, continuation, or
renewal of a license, is specifically excluded. For the
purposes of this Act, the notice required under Section 10-25
of the Illinois Administrative Procedure Act is deemed
sufficient when served personally upon, mailed to the last
known address of record of, or emailed to the email address of
record of a party.
(Source: P.A. 90-532, eff. 11-14-97.)
(225 ILCS 51/185 new)
Sec. 185. Confidentiality. All information collected by
the Department in the course of an examination or investigation
of a licensee or applicant, including, but not limited to, any
complaint against a licensee 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 Secretary, or to 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 by the Department or any order issued by the

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Department against a licensee or applicant shall be a public
record, except as otherwise prohibited by law.
Section 99. Effective date. This Act takes effect upon
becoming law.
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INDEX
Statutes amended in order of appearance