(225 ILCS 55/85)
(from Ch. 111, par. 8351-85)
(Section scheduled to be repealed on January 1, 2027)
Refusal, revocation, or suspension.
(a) The Department may refuse to issue or renew a license, or may revoke, suspend, reprimand, place on probation, or take any other
disciplinary or non-disciplinary action as the Department may deem proper, including the imposition of fines not
to exceed $10,000
for each violation, with regard to any license issued under the provisions of this Act for any one or
combination of the following grounds:
(1) Material misstatement in furnishing information
(2) Violation of any provision of this Act or its
(3) Conviction of or entry of a plea of guilty or
nolo contendere, finding of guilt, jury verdict, or entry of judgment or sentencing, 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 is (i) a felony or (ii) a misdemeanor, an essential element of which is dishonesty or that is directly related to the practice of the profession.
(4) Fraud or misrepresentation in applying for or
procuring a license under this Act or in connection with applying for renewal or restoration of a license under this Act or its rules.
(5) Professional incompetence.
(6) Gross negligence in practice under this Act.
(7) Aiding or assisting another person in violating
any provision of this Act or its rules.
(8) Failing, within 60 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 as defined by the rules of the Department, or violating the rules of professional conduct adopted by the Department.
(10) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, of alcohol, or any other substance that results in the inability to practice with reasonable judgment, skill, or safety.
(11) Discipline by another jurisdiction if at least
one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Act.
(12) 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 professional services not actually or personally rendered. Nothing in this paragraph (12) affects any bona fide independent contractor or employment arrangements among health care professionals, health facilities, health care providers, or other entities, except as otherwise prohibited by law. Any employment arrangements may include provisions for compensation, health insurance, pension, or other employment benefits for the provision of services within the scope of the licensee's practice under this Act. Nothing in this paragraph (12) shall be construed to require an employment arrangement to receive professional fees for services rendered.
(13) A finding by the Department that the licensee,
after having his or her license placed on probationary status, has violated the terms of probation or failed to comply with the terms.
(14) Abandonment of a patient without cause.
(15) Willfully making or filing false records or
reports relating to a licensee's practice, including but not limited to false records filed with State agencies or departments.
(16) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused and Neglected Child Reporting Act.
(17) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services under the Abused and Neglected Child Reporting Act and upon proof by clear and convincing evidence that the licensee has caused a child to be an abused child or neglected child as defined in the Abused and Neglected Child Reporting Act.
(18) Physical illness or mental illness or
impairment, including, but not limited to, deterioration through the aging process or loss of motor skill that results in the inability to practice the profession with reasonable judgment, skill, or safety.
(19) Solicitation of professional services by using
false or misleading advertising.
(20) A pattern of practice or other behavior that
demonstrates incapacity or incompetence to practice under this Act.
(21) Practicing under a false or assumed name, except
(22) Gross, willful, and continued overcharging for
professional services, including filing false statements for collection of fees or moneys for which services are not rendered.
(23) Failure to establish and maintain records of
patient care and treatment as required by law.
(24) Cheating on or attempting to subvert the
licensing examinations administered under this Act.
(25) Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or self-neglect of an eligible adult as defined in and required by the Adult Protective Services Act.
(26) Being named as an abuser in a verified report by
the Department on Aging and under the Adult Protective Services Act and upon proof by clear and convincing evidence that the licensee abused, neglected, or financially exploited an eligible adult as defined in the Adult Protective Services Act.
(c) The determination by a circuit court that a licensee is subject to
involuntary admission or judicial admission, as provided in the Mental
Health and Developmental Disabilities Code, operates as an automatic
suspension. The suspension will terminate only upon a finding by a court
that the patient is no longer subject to involuntary admission or judicial
admission and the issuance of an order so finding and discharging the
patient, and upon the recommendation of the Board to the Secretary
licensee be allowed to resume his or her practice as a licensed marriage
and family therapist or an associate licensed marriage and family therapist.
(d) The Department shall refuse to issue or may suspend the license of any
person who fails to file a return, pay the tax, penalty, or interest shown
in a filed return or pay any final assessment of tax, penalty, or interest,
as required by any tax Act administered by the Illinois Department of
Revenue, until the time the requirements of the tax Act are satisfied.
(e) In enforcing this Section, the Department or Board upon a showing of a
violation may compel an individual licensed to practice under this Act, or
who has applied for licensure under this Act, to submit
to a mental or physical examination, or both, which may include a substance abuse or sexual offender evaluation, as required by and at the expense
of the Department.
The Department shall specifically designate the examining physician licensed to practice medicine in all of its branches or, if applicable, the multidisciplinary team involved in providing the mental or physical examination or both. The multidisciplinary team shall be led by a physician licensed to practice medicine in all of its branches and may consist of one or more or a combination of physicians licensed to practice medicine in all of its branches, licensed clinical psychologists, licensed clinical social workers, licensed clinical professional counselors, licensed marriage and family therapists, and other professional and administrative staff. Any examining physician or member of the multidisciplinary team may require any person ordered to submit to an examination and evaluation pursuant to this Section to submit to any additional supplemental testing deemed necessary to complete any examination or evaluation process, including, but not limited to, blood testing, urinalysis, psychological testing, or neuropsychological testing.
The Department may order the examining physician or any member of the multidisciplinary team to provide to the Department any and all records, including business records, that relate to the examination and evaluation, including any supplemental testing performed.
The Department or Board may order the examining physician or any member of the multidisciplinary team to
testimony concerning the mental or physical examination of the licensee or
applicant. No information, report, record, or other documents in any way related to the examination shall be excluded by reason of any common law or
statutory privilege relating to communications between the licensee or
applicant and the examining physician or any member of the multidisciplinary team. No authorization is necessary from the licensee or applicant ordered to undergo an examination for the examining physician or any member of the multidisciplinary team to provide information, reports, records, or other documents or to provide any testimony regarding the examination and evaluation.
The individual to be examined may have, at his or her own expense, another
physician of his or her choice present during all
aspects of this examination. However, that physician shall be present only to observe and may not interfere in any way with the examination.
Failure of an individual to submit to a mental
physical examination, when ordered, shall result in an automatic suspension of his or
license until the individual submits to the examination.
If the Department or Board finds an individual unable to practice because of
set forth in this Section, the Department or Board may require that individual
care, counseling, or treatment by physicians approved
or designated by the Department or Board, as a condition, term, or restriction
renewed licensure to practice; or, in lieu of care, counseling, or treatment,
the Department may file, or
the Board may recommend to the Department to file, a complaint to immediately
suspend, revoke, or otherwise discipline the license of the individual.
An individual whose
license was granted, continued, reinstated, renewed, disciplined or supervised
subject to such terms, conditions, or restrictions, and who fails to comply
such terms, conditions, or restrictions, shall be referred to the Secretary
determination as to whether the individual shall have his or her license
suspended immediately, pending a hearing by the Department.
In instances in which the Secretary
immediately suspends a person's license
under this Section, a hearing on that person's license must be convened by
the Department within 30
days after the suspension and completed without
The Department and Board shall have the authority to review the subject
individual's record of
treatment and counseling regarding the impairment to the extent permitted by
applicable federal statutes and regulations safeguarding the confidentiality of
An individual licensed under this Act and affected under this Section shall
afforded an opportunity to demonstrate to the Department or Board that he or
she can resume
practice in compliance with acceptable and prevailing standards under the
provisions of his or her license.
(f) A fine 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. 100-372, eff. 8-25-17; 100-872, eff. 8-14-18.)