§ 121. Definitions As used in this subchapter: (1) “Director” means the Director of the Office of Professional Regulation. (2) “Licensing board” or “board” refers to the boards, commissions, and professions listed in section 122 of this subchapter and, in the case of disciplinary matters or denials of licensure, either an administrative law officer appointed […]
§ 122. Office of Professional Regulation The Office of Professional Regulation is created within the Office of the Secretary of State. The Office shall have a director who shall be qualified by education and professional experience to perform the duties of the position. The Director of the Office of Professional Regulation shall be a classified […]
§ 123. Duties of office (a) The Office shall provide administrative, secretarial, financial, investigatory, inspection, and legal services to the boards. The services provided by the Office shall include: (1) Sending, receiving, and processing applications for licenses. (2) Issuing, recording, renewing, and reinstating all licenses as ordered by the boards, an appellate officer, the Director, […]
§ 124. Professional Regulatory Fee Fund (a) Except as otherwise provided in subsection (b) of this section, it is the policy of this State that: (1) the cost of regulating a profession attached to the Office of Professional Regulation should be borne by the profession; and (2) one profession should not subsidize the cost of […]
§ 125. Fees (a) In addition to the fees otherwise authorized by law, a board or advisor profession may charge the following fees: (1) Verification of license, $20.00. (2) An examination fee established by the Secretary, which shall be no greater than the costs associated with examinations. (3) Reinstatement fees for expired licenses pursuant to […]
§ 126. Agent for process; nonresident licensees Whenever a person practicing a profession attached to the Office resides outside the borders of the State and fails to appoint an agent for process, the Secretary of State shall be an agent of that person, upon whom any process, notice, or demand may be served. In the […]
§ 127. Unauthorized practice (a) When the Office receives a complaint of unauthorized practice, the Director shall refer the complaint to Office investigators and prosecutors. (b)(1) A person practicing a regulated profession without authority or an employer permitting such practice may, upon the complaint of the Attorney General or a State’s Attorney or an attorney […]
§ 128. Disciplinary action to be reported to the Office (a)(1) Any hospital, clinic, community mental health center, or other health care institution in which a licensee performs professional services shall report to the Office, along with supporting information and evidence, any disciplinary action taken by it or its staff that limits or conditions the […]
§ 129. Powers of boards or of Director in advisor professions; discipline process (a) In addition to any other provisions of law, a board or the Director, in the case of professions that have advisor appointees, may exercise the following powers: (1) Consistent with other law and State policy, develop administrative rules establishing evidence-based standards […]
§ 129a. Unprofessional conduct (a) In addition to any other provision of law, the following conduct by a licensee constitutes unprofessional conduct. When that conduct is by an applicant or person who later becomes an applicant, it may constitute grounds for denial of a license or other disciplinary action. Any one of the following items […]
§ 129b. Board member and advisor appointments (a) Notwithstanding any provision of law to the contrary relating to terms of office and appointments for members of boards attached to the Office of Professional Regulation, all board members appointed by the Governor shall be appointed for staggered five-year terms and shall serve at the pleasure of […]
§ 130. Provisional licensure (a) The Director may issue a 90-day provisional license to an individual who has completed an application for full licensure and: (1) whose eligibility for licensure is contingent upon acceptable verification of licensure from another jurisdiction; (2) whose eligibility for licensure is contingent upon completion of a background check; or (3) […]
§ 130a. Appeals (a)(1) A party aggrieved by a final decision of a board or administrative law officer may, within 30 days of the decision, appeal that decision by filing a notice of appeal with the Director who shall assign the case to an appellate officer. (2)(A) The review shall be conducted on the basis […]
§ 131. Accessibility and confidentiality of disciplinary matters (a) It is the purpose of this section both to protect the reputation of licensees from public disclosure of unwarranted complaints against them, and to fulfill the public’s right to know of any action taken against a licensee when that action is based on a determination of […]
§ 132. Board quorums Except as otherwise provided by law, a majority of the members of a board constitutes a quorum for transacting business, and all action shall be taken upon a majority vote of board members present and voting. (Added 2005, No. 27, § 8.)
§ 133. Business registration When professional services are required by law to be performed in or by a business entity registered with the Office, the business entity shall: (1) register with the Corporations Division of the Office of the Secretary of State, if required by law; and (2) separately register with the Office each name […]
§ 134. License renewal (a) A license expires if not renewed biennially on a schedule assigned by the Office, or in the case of a provisional or temporary license, on the date assigned by the Office. (b) Practice with an expired license is unlawful and exposes a practitioner to the penalties set forth in section […]
§ 135. Uniform standard for renewal following extended absence (a) Notwithstanding any provision of law to the contrary, when an applicant seeks to renew an expired or lapsed license after fewer than five years of absence from practice, readiness to practice shall be inferred from completion of any continuing education that would have been required […]
§ 136. Uniform continuing education evaluation; sunset review (a) If continuing education is required by law or rule, the Office shall apply uniform standards and processes that apply to all professions regulated by the Office for the assessment and approval or rejection of continuing education offerings, informed by profession-specific policies developed in consultation with relevant […]
§ 136a. Uniform process for endorsement from other states (a) Notwithstanding any statute or rule to the contrary and except as provided in subsection (b) of this section, all professions attached to the Office shall have an endorsement process that requires not more than three years of practice in good standing in another jurisdiction within […]
