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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS
(225 ILCS 95/) Physician Assistant Practice Act of 1987.

225 ILCS 95/1

    (225 ILCS 95/1) (from Ch. 111, par. 4601)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 1. Legislative purpose. The practice as a physician assistant in the State of Illinois is hereby declared to affect the public health, safety and welfare and to be subject to regulation and control in the public interest. The purpose and legislative intent of this Act is to encourage and promote the more effective utilization of the skills of physicians by enabling them to delegate certain health tasks to physician assistants where such delegation is consistent with the health and welfare of the patient and is conducted at the direction of and under the responsible supervision of the physician.
    It is further declared to be a matter of public health and concern that the practice as a physician assistant, as defined in this Act, merit and receive the confidence of the public, that only qualified persons be authorized to practice as a physician assistant in the State of Illinois. This Act shall be liberally construed to best carry out these subjects and purposes.
(Source: P.A. 100-453, eff. 8-25-17.)

225 ILCS 95/2

    (225 ILCS 95/2) (from Ch. 111, par. 4602)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 2. Short title. This Act may be cited as the Physician Assistant Practice Act of 1987.
(Source: P.A. 100-453, eff. 8-25-17.)

225 ILCS 95/3

    (225 ILCS 95/3) (from Ch. 111, par. 4603)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 3. Illinois Administrative Procedure Act. The Illinois Administrative Procedure Act is hereby expressly adopted and incorporated herein 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 that provides that at hearings the licensee has the right to show compliance with all lawful requirements for retention, continuation or renewal of the 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 personally served, mailed to the address of record of the applicant or licensee, or emailed to the email address of record of the applicant or licensee. The Secretary may adopt rules for the administration and enforcement of this Act and may prescribe forms to be issued in connection with this Act.
(Source: P.A. 100-453, eff. 8-25-17.)

225 ILCS 95/4

    (225 ILCS 95/4) (from Ch. 111, par. 4604)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 4. Definitions. In this Act:
    1. "Department" means the Department of Financial and Professional Regulation.
    2. "Secretary" means the Secretary of Financial and Professional Regulation.
    3. "Physician assistant" means any person not holding an active license or permit issued by the Department pursuant to the Medical Practice Act of 1987 who has been certified as a physician assistant by the National Commission on the Certification of Physician Assistants or equivalent successor agency and performs procedures in collaboration with a physician as defined in this Act. A physician assistant may perform such procedures within the specialty of the collaborating physician, except that such physician shall exercise such direction, collaboration, and control over such physician assistants as will assure that patients shall receive quality medical care. Physician assistants shall be capable of performing a variety of tasks within the specialty of medical care in collaboration with a physician. Collaboration with the physician assistant shall not be construed to necessarily require the personal presence of the collaborating physician at all times at the place where services are rendered, as long as there is communication available for consultation by radio, telephone or telecommunications within established guidelines as determined by the physician/physician assistant team. The collaborating physician may delegate tasks and duties to the physician assistant. Delegated tasks or duties shall be consistent with physician assistant education, training, and experience. The delegated tasks or duties shall be specific to the practice setting and shall be implemented and reviewed under a written collaborative agreement established by the physician or physician/physician assistant team. A physician assistant, acting as an agent of the physician, shall be permitted to transmit the collaborating physician's orders as determined by the institution's by-laws, policies, procedures, or job description within which the physician/physician assistant team practices. Physician assistants shall practice only in accordance with a written collaborative agreement.
    Any person who holds an active license or permit issued pursuant to the Medical Practice Act of 1987 shall have that license automatically placed into inactive status upon issuance of a physician assistant license. Any person who holds an active license as a physician assistant who is issued a license or permit pursuant to the Medical Practice Act of 1987 shall have his or her physician assistant license automatically placed into inactive status.
    3.5. "Physician assistant practice" means the performance of procedures within the specialty of the collaborating physician. Physician assistants shall be capable of performing a variety of tasks within the specialty of medical care of the collaborating physician. Collaboration with the physician assistant shall not be construed to necessarily require the personal presence of the collaborating physician at all times at the place where services are rendered, as long as there is communication available for consultation by radio, telephone, telecommunications, or electronic communications. The collaborating physician may delegate tasks and duties to the physician assistant. Delegated tasks or duties shall be consistent with physician assistant education, training, and experience. The delegated tasks or duties shall be specific to the practice setting and shall be implemented and reviewed under a written collaborative agreement established by the physician or physician/physician assistant team. A physician assistant shall be permitted to transmit the collaborating physician's orders as determined by the institution's bylaws, policies, or procedures or the job description within which the physician/physician assistant team practices. Physician assistants shall practice only in accordance with a written collaborative agreement, except as provided in Section 7.5 of this Act.
    4. "Board" means the Medical Licensing Board constituted under the Medical Practice Act of 1987.
    5. "Disciplinary Board" means the Medical Disciplinary Board constituted under the Medical Practice Act of 1987.
    6. "Physician" means a person licensed to practice medicine in all of its branches under the Medical Practice Act of 1987.
    7. "Collaborating physician" means the physician who, within his or her specialty and expertise, may delegate a variety of tasks and procedures to the physician assistant. Such tasks and procedures shall be delegated in accordance with a written collaborative agreement.
    8. (Blank).
    9. "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.
    10. "Hospital affiliate" means a corporation, partnership, joint venture, limited liability company, or similar organization, other than a hospital, that is devoted primarily to the provision, management, or support of health care services and that directly or indirectly controls, is controlled by, or is under common control of the hospital. For the purposes of this definition, "control" means having at least an equal or a majority ownership or membership interest. A hospital affiliate shall be 100% owned or controlled by any combination of hospitals, their parent corporations, or physicians licensed to practice medicine in all its branches in Illinois. "Hospital affiliate" does not include a health maintenance organization regulated under the Health Maintenance Organization Act.
    11. "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. 99-330, eff. 1-1-16; 100-453, eff. 8-25-17.)

225 ILCS 95/4.5

    (225 ILCS 95/4.5)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 4.5. Address of record; email address of record. All 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.
(Source: P.A. 100-453, eff. 8-25-17.)

225 ILCS 95/5

    (225 ILCS 95/5) (from Ch. 111, par. 4605)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 5. Applicability. This Act does not prohibit:
        (1) any person licensed in this State under any other
    
Act from engaging in the practice for which he is licensed;
        (2) the practice as a physician assistant by a person
    
who is employed by the United States government or any bureau, division or agency thereof while in the discharge of the employee's official duties;
        (3) the practice as a physician assistant which is
    
included in their program of study by students enrolled in schools or in refresher courses approved by the Department.
(Source: P.A. 100-453, eff. 8-25-17.)

225 ILCS 95/5.3

    (225 ILCS 95/5.3)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 5.3. Advertising.
    (a) As used in this Section, "advertise" means solicitation by the licensee or through another person or entity by means of hand bills, posters, circulars, motion pictures, radio, newspapers, or television or any other manner.
    (b) A person licensed under this Act as a physician assistant may advertise the availability of professional services in the public media or on the premises where the professional services are rendered. The advertising is limited to the following information:
        (1) publication of the person's name, title, office
    
hours, address, and telephone number;
        (2) information pertaining to the person's areas of
    
specialization, including, but not limited to, appropriate board certification or limitation of professional practice;
        (3) publication of the person's collaborating
    
physician's name, title, and areas of specialization;
        (4) information on usual and customary fees for
    
routine professional services offered, which shall include notification that fees may be adjusted due to complications or unforeseen circumstances;
        (5) announcements of the opening of, change of,
    
absence from, or return to business;
        (6) announcements of additions to or deletions from
    
professional licensed staff; and
        (7) the issuance of business or appointment cards.
    (c) It is unlawful for a person licensed under this Act as a physician assistant to use claims of superior quality of care to entice the public. It is unlawful to advertise fee comparisons of available services with those of other licensed persons.
    (d) This Section does not authorize the advertising of professional services that the offeror of the services is not licensed or authorized to render. The advertiser shall not use statements that contain false, fraudulent, deceptive, or misleading material or guarantees of success, statements that play upon the vanity or fears of the public, or statements that promote or produce unfair competition.
    (e) It is unlawful and punishable under the penalty provisions of this Act for a person licensed under this Act to knowingly advertise that the licensee will accept as payment for services rendered by assignment from any third-party payor the amount the third-party payor covers as payment in full if the effect is to give the impression of eliminating the need of payment by the patient of any required deductible or copayment applicable in the patient's health benefit plan.
    (f) A licensee shall include in every advertisement for services regulated under this Act his or her title as it appears on the license or the initials authorized under this Act.
(Source: P.A. 100-453, eff. 8-25-17.)

225 ILCS 95/5.5

    (225 ILCS 95/5.5)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 5.5. Billing. A physician assistant shall not be allowed to personally bill patients or in any way charge for services. The employer of a physician assistant may charge for services rendered by the physician assistant. All claims for services rendered by the physician assistant shall be submitted using the physician assistant's national provider identification number as the billing provider whenever appropriate. Payment for services rendered by a physician assistant shall be made to his or her employer if the payor would have made payment had the services been provided by a physician licensed to provide medicine in all of its branches.
(Source: P.A. 100-453, eff. 8-25-17.)

225 ILCS 95/6

    (225 ILCS 95/6) (from Ch. 111, par. 4606)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 6. Physician assistant title.
    (a) No physician assistant shall use the title of doctor, physician, or associate with his or her name or any other term that would indicate to other persons that he or she is qualified to engage in the general practice of medicine.
    (b) A physician assistant shall verbally identify himself or herself as a physician assistant, including specialty certification, to each patient.
    (c) Nothing in this Act shall be construed to relieve a physician assistant of the professional or legal responsibility for the care and treatment of persons attended by him or her.
    (d) The collaborating physician shall file with the Department notice of employment, discharge, or collaboration with a physician assistant at the time of employment, discharge, or assumption of collaboration with a physician assistant.
(Source: P.A. 100-453, eff. 8-25-17.)

225 ILCS 95/7

    (225 ILCS 95/7) (from Ch. 111, par. 4607)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 7. Collaboration requirements.
    (a) A collaborating physician shall determine the number of physician assistants to collaborate with, provided the physician is able to provide adequate collaboration as outlined in the written collaborative agreement required under Section 7.5 of this Act and consideration is given to the nature of the physician's practice, complexity of the patient population, and the experience of each physician assistant. A collaborating physician may collaborate with a maximum of 5 full-time equivalent physician assistants. As used in this Section, "full-time equivalent" means the equivalent of 40 hours per week per individual. Physicians and physician assistants who work in a hospital, hospital affiliate, or ambulatory surgical treatment center as defined by Section 7.7 of this Act are exempt from the collaborative ratio restriction requirements of this Section. A physician assistant shall be able to hold more than one professional position. A collaborating physician shall file a notice of collaboration of each physician assistant according to the rules of the Department.
    Physician assistants shall collaborate only with physicians as defined in this Act who are engaged in clinical practice, or in clinical practice in public health or other community health facilities.
    Nothing in this Act shall be construed to limit the delegation of tasks or duties by a physician to a nurse or other appropriately trained personnel.
    Nothing in this Act shall be construed to prohibit the employment of physician assistants by a hospital, nursing home or other health care facility where such physician assistants function under a collaborating physician.
    A physician assistant may be employed by a practice group or other entity employing multiple physicians at one or more locations. In that case, one of the physicians practicing at a location shall be designated the collaborating physician. The other physicians with that practice group or other entity who practice in the same general type of practice or specialty as the collaborating physician may collaborate with the physician assistant with respect to their patients.
    (b) A physician assistant licensed in this State, or licensed or authorized to practice in any other U.S. jurisdiction or credentialed by his or her federal employer as a physician assistant, who is responding to a need for medical care created by an emergency or by a state or local disaster may render such care that the physician assistant is able to provide without collaboration as it is defined in this Section or with such collaboration as is available.
    Any physician who collaborates with a physician assistant providing medical care in response to such an emergency or state or local disaster shall not be required to meet the requirements set forth in this Section for a collaborating physician.
(Source: P.A. 100-453, eff. 8-25-17.)

225 ILCS 95/7.5

    (225 ILCS 95/7.5)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 7.5. Written collaborative agreements; prescriptive authority.
    (a) A written collaborative agreement is required for all physician assistants to practice in the State, except as provided in Section 7.7 of this Act.
        (1) A written collaborative agreement shall describe
    
the working relationship of the physician assistant with the collaborating physician and shall describe the categories of care, treatment, or procedures to be provided by the physician assistant. The written collaborative agreement shall promote the exercise of professional judgment by the physician assistant commensurate with his or her education and experience. The services to be provided by the physician assistant shall be services that the collaborating physician is authorized to and generally provides to his or her patients in the normal course of his or her clinical medical practice. The written collaborative agreement need not describe the exact steps that a physician assistant must take with respect to each specific condition, disease, or symptom but must specify which authorized procedures require the presence of the collaborating physician as the procedures are being performed. The relationship under a written collaborative agreement shall not be construed to require the personal presence of a physician at the place where services are rendered. Methods of communication shall be available for consultation with the collaborating physician in person or by telecommunications or electronic communications as set forth in the written collaborative agreement. For the purposes of this Act, "generally provides to his or her patients in the normal course of his or her clinical medical practice" means services, not specific tasks or duties, the collaborating physician routinely provides individually or through delegation to other persons so that the physician has the experience and ability to collaborate and provide consultation.
        (2) The written collaborative agreement shall be
    
adequate if a physician does each of the following:
            (A) Participates in the joint formulation and
        
joint approval of orders or guidelines with the physician assistant and he or she periodically reviews such orders and the services provided patients under such orders in accordance with accepted standards of medical practice and physician assistant practice.
            (B) Provides consultation at least once a month.
        (3) A copy of the signed, written collaborative
    
agreement must be available to the Department upon request from both the physician assistant and the collaborating physician.
        (4) A physician assistant shall inform each
    
collaborating physician of all written collaborative agreements he or she has signed and provide a copy of these to any collaborating physician upon request.
    (b) A collaborating physician may, but is not required to, delegate prescriptive authority to a physician assistant as part of a written collaborative agreement. This authority may, but is not required to, include prescription of, selection of, orders for, administration of, storage of, acceptance of samples of, and dispensing medical devices, over the counter medications, legend drugs, medical gases, and controlled substances categorized as Schedule II through V controlled substances, as defined in Article II of the Illinois Controlled Substances Act, and other preparations, including, but not limited to, botanical and herbal remedies. The collaborating physician must have a valid, current Illinois controlled substance license and federal registration with the Drug Enforcement Agency to delegate the authority to prescribe controlled substances.
        (1) To prescribe Schedule II, III, IV, or V
    
controlled substances under this Section, a physician assistant must obtain a mid-level practitioner controlled substances license. Medication orders issued by a physician assistant shall be reviewed periodically by the collaborating physician.
        (2) The collaborating physician shall file with the
    
Department notice of delegation of prescriptive authority to a physician assistant and termination of delegation, specifying the authority delegated or terminated. Upon receipt of this notice delegating authority to prescribe controlled substances, the physician assistant shall be eligible to register for a mid-level practitioner controlled substances license under Section 303.05 of the Illinois Controlled Substances Act. Nothing in this Act shall be construed to limit the delegation of tasks or duties by the collaborating physician to a nurse or other appropriately trained persons in accordance with Section 54.2 of the Medical Practice Act of 1987.
        (3) In addition to the requirements of this
    
subsection (b), a collaborating physician may, but is not required to, delegate authority to a physician assistant to prescribe Schedule II controlled substances, if all of the following conditions apply:
            (A) Specific Schedule II controlled substances by
        
oral dosage or topical or transdermal application may be delegated, provided that the delegated Schedule II controlled substances are routinely prescribed by the collaborating physician. This delegation must identify the specific Schedule II controlled substances by either brand name or generic name. Schedule II controlled substances to be delivered by injection or other route of administration may not be delegated.
            (B) (Blank).
            (C) Any prescription must be limited to no more
        
than a 30-day supply, with any continuation authorized only after prior approval of the collaborating physician.
            (D) The physician assistant must discuss the
        
condition of any patients for whom a controlled substance is prescribed monthly with the collaborating physician.
            (E) The physician assistant meets the education
        
requirements of Section 303.05 of the Illinois Controlled Substances Act.
    (c) Nothing in this Act shall be construed to limit the delegation of tasks or duties by a physician to a licensed practical nurse, a registered professional nurse, or other persons. Nothing in this Act shall be construed to limit the method of delegation that may be authorized by any means, including, but not limited to, oral, written, electronic, standing orders, protocols, guidelines, or verbal orders. Nothing in this Act shall be construed to authorize a physician assistant to provide health care services required by law or rule to be performed by a physician.
    (c-5) Nothing in this Section shall be construed to apply to any medication authority, including Schedule II controlled substances of a licensed physician assistant for care provided in a hospital, hospital affiliate, or ambulatory surgical treatment center pursuant to Section 7.7 of this Act.
    (d) (Blank).
    (e) Nothing in this Section shall be construed to prohibit generic substitution.
(Source: P.A. 100-453, eff. 8-25-17.)

225 ILCS 95/7.7

    (225 ILCS 95/7.7)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 7.7. Physician assistants in hospitals, hospital affiliates, or ambulatory surgical treatment centers.
    (a) A physician assistant may provide services in a hospital as defined in the Hospital Licensing Act, a hospital affiliate as defined in the University of Illinois Hospital Act, or a licensed ambulatory surgical treatment center as defined in the Ambulatory Surgical Treatment Center Act without a written collaborative agreement pursuant to Section 7.5 of this Act. A physician assistant must possess clinical privileges recommended by the hospital medical staff and granted by the hospital or the consulting medical staff committee and ambulatory surgical treatment center in order to provide services. The medical staff or consulting medical staff committee shall periodically review the services of physician assistants granted clinical privileges, including any care provided in a hospital affiliate. Authority may also be granted when recommended by the hospital medical staff and granted by the hospital or recommended by the consulting medical staff committee and ambulatory surgical treatment center to individual physician assistants to select, order, and administer medications, including controlled substances, to provide delineated care. In a hospital, hospital affiliate, or ambulatory surgical treatment center, the attending physician shall determine a physician assistant's role in providing care for his or her patients, except as otherwise provided in the medical staff bylaws or consulting committee policies.
    (a-5) Physician assistants practicing in a hospital affiliate may be, but are not required to be, granted authority to prescribe Schedule II through V controlled substances when such authority is recommended by the appropriate physician committee of the hospital affiliate and granted by the hospital affiliate. This authority may, but is not required to, include prescription of, selection of, orders for, administration of, storage of, acceptance of samples of, and dispensing over-the-counter medications, legend drugs, medical gases, and controlled substances categorized as Schedule II through V controlled substances, as defined in Article II of the Illinois Controlled Substances Act, and other preparations, including, but not limited to, botanical and herbal remedies.
    To prescribe controlled substances under this subsection (a-5), a physician assistant must obtain a mid-level practitioner controlled substance license. Medication orders shall be reviewed periodically by the appropriate hospital affiliate physicians committee or its physician designee.
    The hospital affiliate shall file with the Department notice of a grant of prescriptive authority consistent with this subsection (a-5) and termination of such a grant of authority in accordance with rules of the Department. Upon receipt of this notice of grant of authority to prescribe any Schedule II through V controlled substances, the licensed physician assistant may register for a mid-level practitioner controlled substance license under Section 303.05 of the Illinois Controlled Substances Act.
    In addition, a hospital affiliate may, but is not required to, grant authority to a physician assistant to prescribe any Schedule II controlled substances if all of the following conditions apply:
        (1) specific Schedule II controlled substances by
    
oral dosage or topical or transdermal application may be designated, provided that the designated Schedule II controlled substances are routinely prescribed by physician assistants in their area of certification; this grant of authority must identify the specific Schedule II controlled substances by either brand name or generic name; authority to prescribe or dispense Schedule II controlled substances to be delivered by injection or other route of administration may not be granted;
        (2) any grant of authority must be controlled
    
substances limited to the practice of the physician assistant;
        (3) any prescription must be limited to no more than
    
a 30-day supply;
        (4) the physician assistant must discuss the
    
condition of any patients for whom a controlled substance is prescribed monthly with the appropriate physician committee of the hospital affiliate or its physician designee; and
        (5) the physician assistant must meet the education
    
requirements of Section 303.05 of the Illinois Controlled Substances Act.
    (b) A physician assistant granted authority to order medications including controlled substances may complete discharge prescriptions provided the prescription is in the name of the physician assistant and the attending or discharging physician.
    (c) Physician assistants practicing in a hospital, hospital affiliate, or an ambulatory surgical treatment center are not required to obtain a mid-level controlled substance license to order controlled substances under Section 303.05 of the Illinois Controlled Substances Act.
(Source: P.A. 100-453, eff. 8-25-17.)

225 ILCS 95/8

    (225 ILCS 95/8)
    Sec. 8. (Repealed).
(Source: P.A. 85-981. Repealed by P.A. 97-1071, eff. 8-24-12.)

225 ILCS 95/9

    (225 ILCS 95/9) (from Ch. 111, par. 4609)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 9. Application for licensure. Applications for original licenses shall be made to the Department in writing on forms or electronically as prescribed by the Department and shall be accompanied by the required fee, which shall not be refundable. An application shall require information that in the judgment of the Department will enable the Department to pass on the qualifications of the applicant for a license. An application shall include evidence of passage of the examination of the National Commission on the Certification of Physician Assistants, or its successor agency, and proof that the applicant holds a valid certificate issued by that Commission.
    Applicants have 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. 100-453, eff. 8-25-17.)

225 ILCS 95/9.5

    (225 ILCS 95/9.5)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 9.5. Social Security Number on license application. In addition to any other information required to be contained in the application, every application for an original license under this Act shall include the applicant's Social Security Number, which shall be retained in the agency's records pertaining to the license. As soon as practical, the Department shall assign a customer's identification number to each applicant for a license.
    Every application for a renewal or restored license shall require the applicant's customer identification number.
(Source: P.A. 97-400, eff. 1-1-12.)

225 ILCS 95/10

    (225 ILCS 95/10) (from Ch. 111, par. 4610)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 10. Identification. No person shall use the title "physician assistant" unless he or she holds a valid license issued by the Department as provided in this Act. A physician assistant shall wear on his or her person a visible identification indicating that he or she is certified as a physician assistant while acting in the course of his or her duties.
(Source: P.A. 100-453, eff. 8-25-17.)

225 ILCS 95/10.5

    (225 ILCS 95/10.5)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 10.5. Unlicensed practice; violation; civil penalty.
    (a) Any person who practices, offers to practice, attempts to practice, or holds oneself out to practice as a physician's assistant without being licensed under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $10,000 for each offense as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee.
    (b) The Department has the authority and power to investigate any and all unlicensed activity.
    (b-5) No person shall use any words, abbreviations, figures, letters, title, sign, card, or device tending to imply that he or she is a physician assistant, including, but not limited to, using the titles or initials "Physician Assistant" or "PA", or similar titles or initials, with the intention of indicating practice as a physician assistant without meeting the requirements of this Act.
    (c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record.
(Source: P.A. 100-453, eff. 8-25-17.)

225 ILCS 95/11

    (225 ILCS 95/11) (from Ch. 111, par. 4611)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 11. Committee. There is established a physician assistant advisory committee to the Department and the Medical Licensing Board. The physician assistant advisory committee may review and make recommendations to the Department and the Board regarding all matters relating to physician assistants. Such matters may include, but not be limited to:
        (1) applications for licensure;
        (2) disciplinary proceedings;
        (3) renewal requirements; and
        (4) any other issues pertaining to the regulation
    
and practice of physician assistants in the State.
    The physician assistant advisory committee shall be composed of 7 members. Three of the 7 members shall be physicians, 2 of whom shall be members of the Board and appointed to the advisory committee by the chairman. One physician, not a member of the Board, shall be a supervisor of a licensed physician assistant and shall be approved by the Governor from a list of Illinois physicians supervising licensed physician assistants. Three members shall be physician assistants, licensed under the law and appointed by the Governor from a list of 10 names recommended by the Board of Directors of the Illinois Academy of Physician Assistants. One member, not employed or having any material interest in any health care field, shall be appointed by the Governor and represent the public. The chairman of the physician assistant advisory committee shall be a member elected by a majority vote of the physician assistant advisory committee unless already a member of the Board. The physician assistant advisory committee is required to meet and report to the Department and the Board as physician assistant issues arise. The terms of office of each of the original 7 members shall be at staggered intervals. One physician and one physician assistant shall serve for a 2 year term. One physician and one physician assistant shall serve a 3 year term. One physician, one physician assistant and the public member shall serve a 4 year term. Upon the expiration of the term of any member, his successor shall be appointed for a term of 4 years in the same manner as the initial appointment. No member shall serve more than 2 consecutive terms.
    Four members of the physician assistant advisory committee shall constitute a quorum. A quorum is required to perform all of the duties of the committee.
    Members of the physician assistant advisory committee shall have no liability for any action based upon a disciplinary proceeding or other activity performed in good faith as a member of the committee.
(Source: P.A. 95-703, eff. 12-31-07; 96-720, eff. 8-25-09.)

225 ILCS 95/11.5

    (225 ILCS 95/11.5)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 11.5. Continuing education. The Department shall adopt rules for continuing education for persons licensed under this Act that require 50 hours of continuing education per 2-year license renewal cycle. Completion of the 50 hours of continuing education shall be deemed to satisfy the continuing education requirements for renewal of a physician assistant license as required by this Act. The rules shall not be inconsistent with requirements of relevant national certifying bodies or State or national professional associations. The rules shall also address variances in part or in whole for good cause, including, but not limited to, illness or hardship. The continuing education rules shall ensure that licensees are given the opportunity to participate in programs sponsored by or through their State or national professional associations, hospitals, or other providers of continuing education. Each licensee is responsible for maintaining records of completion of continuing education and shall be prepared to produce the records when requested by the Department.
(Source: P.A. 100-453, eff. 8-25-17.)

225 ILCS 95/12

    (225 ILCS 95/12) (from Ch. 111, par. 4612)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 12. A person shall be qualified for licensure as a physician assistant and the Department may issue a physician assistant license to a person who:
        1. has applied in writing or electronically in form
    
and substance satisfactory to the Department and has not violated any of the provisions of Section 21 of this Act or the rules adopted under this Act;
        2. has successfully completed the examination
    
provided by the National Commission on Certification of Physician Assistants or its successor agency;
        3. holds a certificate issued by the National
    
Commission on Certification of Physician Assistants or an equivalent successor agency; and
        4. complies with all applicable rules of the
    
Department.
(Source: P.A. 100-453, eff. 8-25-17.)

225 ILCS 95/13

    (225 ILCS 95/13) (from Ch. 111, par. 4613)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 13. Department powers and duties.
    (a) Subject to the provisions of this Act, the Department shall:
        (1) adopt rules setting forth standards to be met by
    
a school or institution offering a course of training for physician assistants prior to approval of such school or institution;
        (2) adopt rules setting forth uniform and reasonable
    
standards of instruction to be met prior to approval of such course of institution for physician assistants; and
        (3) determine the reputability and good standing of
    
such schools or institutions and their course of instruction for physician assistants by reference to compliance with such rules, provided that no school of physician assistants that refuses admittance to applicants solely on account of race, color, sex, or creed shall be considered reputable and in good standing.
    (b) No rule shall be adopted under this Act which allows a physician assistant to perform any act, task, or function primarily performed in the lawful practice of optometry under the Illinois Optometric Practice Act of 1987.
    (c) All rules shall be submitted to the Board for review and the Department shall consider any comments provided by the Board.
(Source: P.A. 100-453, eff. 8-25-17.)

225 ILCS 95/14

    (225 ILCS 95/14)
    Sec. 14. (Repealed).
(Source: P.A. 90-61, eff. 12-30-97. Repealed by P.A. 95-703, eff. 12-31-07.)

225 ILCS 95/14.1

    (225 ILCS 95/14.1)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 14.1. Fees.
    (a) Fees collected for the administration of this Act shall be set by the Department by rule. All fees are nonrefundable.
    (b) (Blank).
    (c) All moneys collected under this Act by the Department shall be deposited in the Illinois State Medical Disciplinary Fund in the State Treasury and used (1) in the exercise of its powers and performance of its duties under this Act, as such use is made by the Department; (2) for costs directly related to licensing and license renewal of persons licensed under this Act; and (3) for costs related to the public purposes of the Department.
    All earnings received from investment of moneys in the Illinois State Medical Disciplinary Fund shall be deposited into the Illinois State Medical Disciplinary Fund and shall be used for the same purposes as fees deposited in the Fund.
(Source: P.A. 100-453, eff. 8-25-17.)

225 ILCS 95/15

    (225 ILCS 95/15) (from Ch. 111, par. 4615)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 15. Endorsement. Upon payment of the required fee, the Department may, in its discretion, license as a physician assistant, an applicant who is a physician assistant licensed in another jurisdiction, if the requirements for licensure in that jurisdiction were, at the time of licensure, substantially equivalent to the requirements in force in this State on that date or equivalent to the requirements of this Act.
(Source: P.A. 95-703, eff. 12-31-07.)

225 ILCS 95/16

    (225 ILCS 95/16) (from Ch. 111, par. 4616)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 16. Expiration; renewal. The expiration date and renewal period for each license issued under this Act shall be set by rule. Renewal shall be conditioned on paying the required fee and by meeting such other requirements as may be established by rule. The certification as a physician assistant by the National Commission on Certification of Physician Assistants or an equivalent successor agency is not required for renewal of a license under this Act.
    Any physician assistant who has permitted his or her license to expire or who has had his or her license on inactive status may have the license restored by making application to the Department and filing proof acceptable to the Department of his or her fitness to have the license restored, and by paying the required fees. Proof of fitness may include sworn evidence certifying to active lawful practice in another jurisdiction.
    If the physician assistant has not maintained an active practice in another jurisdiction satisfactory to the Department, the Department shall determine, by an evaluation program established by rule, his or her fitness for restoration of the license and shall establish procedures and requirements for such restoration.
    However, any physician assistant whose license expired while he or she was (1) in federal service on active duty with the Armed Forces of the United States, or the State Militia called into service or training, or (2) in training or education under the supervision of the United States preliminary to induction into the military service, may have the license restored without paying any lapsed renewal fees if within 2 years after honorable termination of such service, training, or education he or she furnishes the Department with satisfactory evidence to the effect that he or she has been so engaged and that his or her service, training, or education has been so terminated.
(Source: P.A. 100-453, eff. 8-25-17.)

225 ILCS 95/17

    (225 ILCS 95/17) (from Ch. 111, par. 4617)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 17. Inactive status. Any physician assistant who notified the Department in writing on forms prescribed by the Department, may elect to place his or her license on an inactive status and shall, subject to rules of the Department, be excused from payment of renewal fees until he or she notifies the Department in writing of his or her intention to restore the license.
    Any physician assistant requesting restoration from inactive status shall be required to pay the current renewal fee and shall be required to restore his or her license, as provided in Section 16 of this Act.
    Any physician assistant whose license is in an inactive status shall not practice in the State of Illinois.
    Any licensee who shall engage in practice while his or her license is lapsed or on inactive status shall be considered to be practicing without a license, which shall be grounds for discipline under Section 21 of this Act.
(Source: P.A. 90-61, eff. 12-30-97.)

225 ILCS 95/18

    (225 ILCS 95/18) (from Ch. 111, par. 4618)
    Sec. 18. (Repealed).
(Source: P.A. 89-204, eff. 1-1-96. Repealed by P.A. 90-61, eff. 12-30-97.)

225 ILCS 95/19

    (225 ILCS 95/19) (from Ch. 111, par. 4619)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 19. The Department shall maintain a roster of the names and addresses of all licensees and of all persons whose licenses have been suspended or revoked. This roster shall be available upon written request and payment of the required fee.
(Source: P.A. 85-981.)

225 ILCS 95/20

    (225 ILCS 95/20) (from Ch. 111, par. 4620)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 20. No corporation, which stated purpose includes, or which practices, or which holds itself out as available to practice as a physician assistant or to practice any of the functions described in Section 4 of this Act, shall be issued a license by the Department, nor shall the Secretary of State approve or accept articles of incorporation for such a corporation.
(Source: P.A. 85-981.)

225 ILCS 95/21

    (225 ILCS 95/21) (from Ch. 111, par. 4621)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 21. Grounds for disciplinary action.
    (a) The Department may refuse to issue or to renew, or may revoke, suspend, place on probation, reprimand, or take other disciplinary or non-disciplinary action with regard to any license issued under this Act as the Department may deem proper, including the issuance of fines not to exceed $10,000 for each violation, for any one or combination of the following causes:
        (1) Material misstatement in furnishing information
    
to the Department.
        (2) Violations of this Act, or the rules adopted
    
under this Act.
        (3) Conviction by 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) Making any misrepresentation for the purpose of
    
obtaining licenses.
        (5) Professional incompetence.
        (6) Aiding or assisting another person in violating
    
any provision of this Act or its rules.
        (7) Failing, within 60 days, to provide information
    
in response to a written request made by the Department.
        (8) Engaging in dishonorable, unethical, or
    
unprofessional conduct, as defined by rule, of a character likely to deceive, defraud, or harm the public.
        (9) Habitual or excessive use or addiction to
    
alcohol, narcotics, stimulants, or any other chemical agent or drug that results in a physician assistant's inability to practice with reasonable judgment, skill, or safety.
        (10) Discipline by another U.S. jurisdiction or
    
foreign nation, if at least one of the grounds for discipline is the same or substantially equivalent to those set forth in this Section.
        (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 professional services not actually or personally rendered. Nothing in this paragraph (11) affects any bona fide independent contractor or employment arrangements, which may include provisions for compensation, health insurance, pension, or other employment benefits, with persons or entities authorized under this Act for the provision of services within the scope of the licensee's practice under this Act.
        (12) A finding by the Disciplinary Board that the
    
licensee, after having his or her license placed on probationary status has violated the terms of probation.
        (13) Abandonment of a patient.
        (14) Willfully making or filing false records or
    
reports in his or her practice, including but not limited to false records filed with state agencies or departments.
        (15) Willfully failing to report an instance of
    
suspected child abuse or neglect as required by the Abused and Neglected Child Reporting Act.
        (16) Physical illness, or mental illness or
    
impairment that results in the inability to practice the profession with reasonable judgment, skill, or safety, including, but not limited to, deterioration through the aging process or loss of motor skill.
        (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) (Blank).
        (19) Gross negligence resulting in permanent injury
    
or death of a patient.
        (20) Employment of fraud, deception or any unlawful
    
means in applying for or securing a license as a physician assistant.
        (21) Exceeding the authority delegated to him or her
    
by his or her collaborating physician in a written collaborative agreement.
        (22) Immoral conduct in the commission of any act,
    
such as sexual abuse, sexual misconduct, or sexual exploitation related to the licensee's practice.
        (23) Violation of the Health Care Worker
    
Self-Referral Act.
        (24) Practicing under a false or assumed name, except
    
as provided by law.
        (25) Making a false or misleading statement regarding
    
his or her skill or the efficacy or value of the medicine, treatment, or remedy prescribed by him or her in the course of treatment.
        (26) Allowing another person to use his or her
    
license to practice.
        (27) Prescribing, selling, administering,
    
distributing, giving, or self-administering a drug classified as a controlled substance for other than medically-accepted therapeutic purposes.
        (28) Promotion of the sale of drugs, devices,
    
appliances, or goods provided for a patient in a manner to exploit the patient for financial gain.
        (29) A pattern of practice or other behavior that
    
demonstrates incapacity or incompetence to practice under this Act.
        (30) Violating State or federal laws or regulations
    
relating to controlled substances or other legend drugs or ephedra as defined in the Ephedra Prohibition Act.
        (31) Exceeding the prescriptive authority delegated
    
by the collaborating physician or violating the written collaborative agreement delegating that authority.
        (32) Practicing without providing to the Department a
    
notice of collaboration or delegation of prescriptive authority.
        (33) Failure to establish and maintain records of
    
patient care and treatment as required by law.
        (34) Attempting to subvert or cheat on the
    
examination of the National Commission on Certification of Physician Assistants or its successor agency.
        (35) Willfully or negligently violating the
    
confidentiality between physician assistant and patient, except as required by law.
        (36) 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.
        (37) Being named as an abuser in a verified report by
    
the Department on Aging 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.
        (38) Failure to report to the Department an adverse
    
final action taken against him or her by another licensing jurisdiction of the United States or a foreign state or country, a peer review body, a health care institution, a professional society or association, a governmental agency, a law enforcement agency, or a court acts or conduct similar to acts or conduct that would constitute grounds for action under this Section.
        (39) Failure to provide copies of records of patient
    
care or treatment, except as required by law.
    (b) The Department may, without a hearing, refuse to issue or renew or may suspend the license of any person who fails to file a return, or to pay the tax, penalty or interest shown in a filed return, or to pay any final assessment of the tax, penalty, or interest as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied.
    (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 end only upon a finding by a court that the patient is no longer subject to involuntary admission or judicial admission and issues an order so finding and discharging the patient, and upon the recommendation of the Disciplinary Board to the Secretary that the licensee be allowed to resume his or her practice.
    (d) In enforcing this Section, the Department upon a showing of a possible 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, 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 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 may order the examining physician or any member of the multidisciplinary team to present 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 or physical examination, when ordered, shall result in an automatic suspension of his or her license until the individual submits to the examination.
    If the Department finds an individual unable to practice because of the reasons set forth in this Section, the Department may require that individual to submit to care, counseling, or treatment by physicians approved or designated by the Department, as a condition, term, or restriction for continued, reinstated, or renewed licensure to practice; or, in lieu of care, counseling, or treatment, the Department may 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 with such terms, conditions, or restrictions, shall be referred to the Secretary for a 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 appreciable delay. The Department 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 medical records.
    An individual licensed under this Act and affected under this Section shall be afforded an opportunity to demonstrate to the Department that he or she can resume practice in compliance with acceptable and prevailing standards under the provisions of his or her license.
    (e) An individual or organization acting in good faith, and not in a willful and wanton manner, in complying with this Section by providing a report or other information to the Board, by assisting in the investigation or preparation of a report or information, by participating in proceedings of the Board, or by serving as a member of the Board, shall not be subject to criminal prosecution or civil damages as a result of such actions.
    (f) Members of the Board and the Disciplinary Board shall be indemnified by the State for any actions occurring within the scope of services on the Disciplinary Board or 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 Disciplinary Board. Failure to so notify the Attorney General constitutes 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. 100-453, eff. 8-25-17.)

225 ILCS 95/21.5

    (225 ILCS 95/21.5)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 21.5. Suspension of license for failure to pay restitution. The Department, without further process or hearing, shall suspend the license or other authorization to practice of any person issued under this Act who has been certified by court order as not having paid restitution to a person under Section 8A-3.5 of the Illinois Public Aid Code or under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or the Criminal Code of 2012. A person whose license or other authorization to practice is suspended under this Section is prohibited from practicing until the restitution is made in full.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)

225 ILCS 95/22

    (225 ILCS 95/22) (from Ch. 111, par. 4622)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 22. Returned checks; fines. Any person who delivers a check or other payment to the Department that is returned to the Department unpaid by the financial institution upon which it is drawn shall pay to the Department, in addition to the amount already owed to the Department, a fine of $50. The fines imposed by this Section are in addition to any other discipline provided under this Act for unlicensed practice or practice on a nonrenewed license. The Department shall notify the person that payment of fees and fines shall be paid to the Department by certified check or money order within 30 calendar days of the notification. If, after the expiration of 30 days from the date of the notification, the person has failed to submit the necessary remittance, the Department shall automatically terminate the license or certificate or deny the application, without hearing. If, after termination or denial, the person seeks a license or certificate, he or she shall apply to the Department for restoration or issuance of the license or certificate and pay all fees and fines due to the Department. The Department may establish a fee for the processing of an application for restoration of a license or certificate to pay all expenses of processing this application. The Secretary may waive the fines due under this Section in individual cases where the Secretary finds that the fines would be unreasonable or unnecessarily burdensome.
(Source: P.A. 95-703, eff. 12-31-07.)

225 ILCS 95/22.1

    (225 ILCS 95/22.1) (from Ch. 111, par. 4622.1)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 22.1. Injunction.
    (a) If any person violates the provision of this Act, the Secretary may, in the name of the People of the State of Illinois, through the Attorney General of the State of Illinois, or the State's Attorney of any county in which the action is brought, petition for an order enjoining the violation or for an order enforcing compliance with this Act. Upon the filing of a verified petition in court, the court may issue a temporary restraining order, without notice or bond, and may preliminarily and permanently enjoin such violation, and if it is established that such person has violated or is violating the injunction, the Court may punish the offender for contempt of court. Proceedings under this Section shall be in addition to, and not in lieu of, all other remedies and penalties provided by this Act.
    (b) If any person shall practice as a physician assistant or hold himself or herself out as a physician assistant without being licensed under the provisions of this Act, then any licensed physician assistant, any interested party or any person injured thereby may, in addition to the Secretary, petition for relief as provided in subsection (a) of this Section.
    (c) Whenever in the opinion of the Department any person violates any provision of this Act, the Department may issue a rule to show cause why an order to cease and desist should not be entered against him. The rule shall clearly set forth the grounds relied upon by the Department and shall provide a period of 7 days from the date of the rule to file an answer to the satisfaction of the Department. Failure to answer to the satisfaction of the Department shall cause an order to cease and desist to be issued forthwith.
(Source: P.A. 95-703, eff. 12-31-07.)

225 ILCS 95/22.2

    (225 ILCS 95/22.2) (from Ch. 111, par. 4622.2)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 22.2. Investigation; notice; hearing. The Department may investigate the actions of any applicant or of any person or persons holding or claiming to hold a license. The Department shall, before suspending, revoking, placing on probationary status, or taking any other disciplinary action as the Department may deem proper with regard to any license, at least 30 days prior to the date set for the hearing, notify the applicant or licensee in writing of any charges made and the time and place for a hearing of the charges before the Disciplinary Board, direct him or her to file his or her written answer thereto to the Disciplinary Board under oath within 20 days after the service on him or her of such notice and inform him or her that if he or she fails to file such answer default will be taken against him or her and his or her license may be suspended, revoked, placed on probationary status, or have other disciplinary action, including limiting the scope, nature or extent of his or her practice, as the Department may deem proper taken with regard thereto. Written or electronic notice may be served by personal delivery, email, or mail to the applicant or licensee at his or her address of record or email address of record. At the time and place fixed in the notice, the Department 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 the defense thereto. The Department may continue such hearing from time to time. In case the applicant or licensee, after receiving notice, fails to file an answer, his or her license may in the discretion of the Secretary, having received first the recommendation of the Disciplinary Board, be suspended, revoked, placed on probationary status, or the Secretary may take whatever disciplinary action as he or she may deem proper, including limiting the scope, nature, or extent of such person's practice, without a hearing, if the act or acts charged constitute sufficient grounds for such action under this Act.
(Source: P.A. 100-453, eff. 8-25-17.)

225 ILCS 95/22.3

    (225 ILCS 95/22.3) (from Ch. 111, par. 4622.3)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 22.3. The Department, at its expense, shall preserve a record of all proceedings at the formal hearing of any case involving the refusal to issue, renew or discipline of a license. The notice of hearing, complaint and all other documents in the nature of pleadings and written motions filed in the proceedings, the transcript of testimony, the report of the Disciplinary Board or hearing officer and orders of the Department shall be the record of such proceeding.
(Source: P.A. 85-981.)

225 ILCS 95/22.4

    (225 ILCS 95/22.4) (from Ch. 111, par. 4622.4)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 22.4. Any circuit court may, upon application of the Department or its designee or of the applicant or licensee against whom proceedings pursuant to Section 22.2 of this Act are pending, enter an order requiring the attendance of witnesses and their testimony, and the production of documents, papers, files, books and records in connection with any hearing or investigation. The court may compel obedience to its order by proceedings for contempt.
(Source: P.A. 85-981.)

225 ILCS 95/22.5

    (225 ILCS 95/22.5) (from Ch. 111, par. 4622.5)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 22.5. Subpoena power; oaths. The Department shall have power to subpoena and bring before it any person and to take testimony either orally or by deposition or both, with the same fees and mileage and in the same manner as prescribed by law in judicial proceedings in civil cases in circuit courts of this State.
    The Secretary, the designated hearing officer, and any member of the Disciplinary Board designated by the Secretary shall each have power to administer oaths to witnesses at any hearing which the Department is authorized to conduct under this Act and any other oaths required or authorized to be administered by the Department under this Act.
(Source: P.A. 95-703, eff. 12-31-07.)

225 ILCS 95/22.6

    (225 ILCS 95/22.6) (from Ch. 111, par. 4622.6)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 22.6. At the conclusion of the hearing, the Disciplinary Board shall present to the Secretary a written report of its findings of fact, conclusions of law, and recommendations. The report shall contain a finding whether or not the accused person violated this Act or failed to comply with the conditions required in this Act. The Disciplinary 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 Disciplinary Board shall be the basis for the Department's order or refusal or for the granting of a license or permit. If the Secretary disagrees in any regard with the report of the Disciplinary Board, the Secretary may issue an order in contravention thereof. The finding is not admissible in evidence against the person 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. 100-453, eff. 8-25-17.)

225 ILCS 95/22.7

    (225 ILCS 95/22.7) (from Ch. 111, par. 4622.7)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 22.7. Hearing officer. Notwithstanding the provisions of Section 22.2 of this Act, the Secretary shall have the authority to appoint any attorney duly licensed to practice law in the State of Illinois to serve as the hearing officer in any action for refusal to issue or renew, or for discipline of, a license. The hearing officer shall have full authority to conduct the hearing. The hearing officer shall report his or her findings of fact, conclusions of law, and recommendations to the Disciplinary Board and the Secretary. The Disciplinary Board shall have 60 days from receipt of the report to review the report of the hearing officer and present their findings of fact, conclusions of law, and recommendations to the Secretary. If the Disciplinary Board fails to present its report within the 60-day period, the respondent may request in writing a direct appeal to the Secretary, in which case the Secretary may 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. 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 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 Disciplinary Board or hearing officer, he or she may issue an order in contravention thereof.
(Source: P.A. 100-453, eff. 8-25-17.)

225 ILCS 95/22.8

    (225 ILCS 95/22.8) (from Ch. 111, par. 4622.8)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 22.8. In any case involving the refusal to issue, renew or discipline of a license, a copy of the Disciplinary 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 motion shall specify the particular grounds therefor. If no motion for rehearing is filed, then upon the expiration of the time specified for filing such a motion, or if a motion for rehearing is denied, then upon such denial the Secretary may enter an order in accordance with recommendations of the Disciplinary Board except as provided in Section 22.6 or 22.7 of this Act. If the respondent shall order from the reporting service, and pay for a transcript of the record within the time for filing a motion for rehearing, the 20 day period within which such a motion may be filed shall commence upon the delivery of the transcript to the respondent.
(Source: P.A. 95-703, eff. 12-31-07.)

225 ILCS 95/22.9

    (225 ILCS 95/22.9) (from Ch. 111, par. 4622.9)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 22.9. Whenever the Secretary is satisfied that substantial justice has not been done in the revocation, suspension or refusal to issue or renew a license, the Secretary may order a rehearing by the same or another hearing officer or Disciplinary Board.
(Source: P.A. 95-703, eff. 12-31-07.)

225 ILCS 95/22.10

    (225 ILCS 95/22.10) (from Ch. 111, par. 4622.10)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 22.10. Order or certified copy; prima facie proof. An order or a certified copy thereof, over the seal of the Department and purporting to be signed by the Secretary, shall be prima facie proof that:
        (a) the signature is the genuine signature of the
    
Secretary;
        (b) the Secretary is duly appointed and qualified;
    
and
        (c) the Disciplinary Board and the members thereof
    
are qualified to act.
(Source: P.A. 95-703, eff. 12-31-07.)

225 ILCS 95/22.11

    (225 ILCS 95/22.11) (from Ch. 111, par. 4622.11)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 22.11. Restoration of license. At any time after the successful completion of a term of probation, suspension, or revocation of any license, the Department may restore it to the licensee, unless after an investigation and a hearing, the Department determines that restoration is not in the public interest. Where circumstances of suspension or revocation so indicate, the Department may require an examination of the licensee prior to restoring his or her license. No person whose license has been revoked as authorized in this Act may apply for restoration of that license until such time as provided for in the Civil Administrative Code of Illinois.
    A license that has been suspended or revoked shall be considered nonrenewed for purposes of restoration and a person restoring his or her license from suspension or revocation must comply with the requirements for restoration of a nonrenewed license as set forth in Section 16 of this Act and any related rules adopted.
(Source: P.A. 100-453, eff. 8-25-17.)

225 ILCS 95/22.12

    (225 ILCS 95/22.12) (from Ch. 111, par. 4622.12)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 22.12. Surrender of license. Upon the revocation or suspension of any license, the licensee shall immediately surrender the license to the Department. If the licensee fails to do so, the Department shall have the right to seize the license.
(Source: P.A. 90-61, eff. 12-30-97.)

225 ILCS 95/22.13

    (225 ILCS 95/22.13) (from Ch. 111, par. 4622.13)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 22.13. The Secretary may temporarily suspend the license of a physician assistant without a hearing, simultaneously with the institution of proceedings for a hearing provided for in Section 22.2 of this Act, if the Secretary finds that evidence in his possession indicates that continuation in practice would constitute an imminent danger to the public. In the event that the Secretary suspends, temporarily, this license without a hearing, a hearing by the Department must be held within 30 days after such suspension has occurred, and concluded without appreciable delay.
(Source: P.A. 95-703, eff. 12-31-07.)

225 ILCS 95/22.14

    (225 ILCS 95/22.14) (from Ch. 111, par. 4622.14)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 22.14. Administrative review; certification of record.
    (a) All final administrative decisions of the Department are subject to judicial review pursuant to the provisions of the Administrative Review Law, and all rules adopted pursuant thereto. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure.
    (b) Proceedings for judicial review shall be commenced in the circuit court of the county in which the party applying for review resides; but if the party is not a resident of this State, venue shall be in Sangamon County.
    (c) The Department shall not be required to certify any record to the court, to file an answer in court, or to 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 is grounds for dismissal of the action. During the pendency and hearing of any and all judicial proceedings incident to the disciplinary action the sanctions imposed upon the accused 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. 100-453, eff. 8-25-17.)

225 ILCS 95/22.15

    (225 ILCS 95/22.15) (from Ch. 111, par. 4622.15)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 22.15. Certificate of record. 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 there is filed in the court, with the complaint, a receipt from the Department acknowledging payment of the costs of furnishing and certifying the record. Failure on the part of the plaintiff to file a receipt in court shall be grounds for dismissal of the action.
(Source: P.A. 87-1031.)

225 ILCS 95/22.16

    (225 ILCS 95/22.16) (from Ch. 111, par. 4622.16)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 22.16. Any person who is found to have knowingly violated any provision of this Act is guilty of a Class A misdemeanor. On conviction of a second or subsequent offense the violator shall be guilty of a Class 4 felony.
(Source: P.A. 85-981.)

225 ILCS 95/22.17

    (225 ILCS 95/22.17)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 22.17. 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 shall not disclose the information to anyone other than law enforcement officials, regulatory agencies that have an appropriate regulatory interest as determined by the Secretary, or 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 Department against a licensee or applicant shall be a public record, except as otherwise prohibited by law.
(Source: P.A. 100-453, eff. 8-25-17.)

225 ILCS 95/23

    (225 ILCS 95/23) (from Ch. 111, par. 4623)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 23. Home rule. It is declared to be the public policy of this State, pursuant to paragraphs (h) and (i) of Section 6 of Article VII of the Illinois Constitution of 1970, that any power or function set forth in this Act to be exercised by the State is an exclusive State power or function. Such power or function shall not be exercised concurrently, either directly or indirectly, by any unit of local government, including home rule units, except as otherwise provided in this Act.
(Source: P.A. 100-453, eff. 8-25-17.)

225 ILCS 95/24

    (225 ILCS 95/24) (from Ch. 111, par. 4624)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 24. Pending actions. All disciplinary actions taken or pending pursuant to the Physician's Assistants Practice Act, approved September 11, 1975, as amended, shall, for the actions taken, remain in effect, and for the actions pending, shall be continued, on the effective date of this Act without having separate actions.
(Source: P.A. 90-61, eff. 12-30-97.)

225 ILCS 95/25

    (225 ILCS 95/25)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 25. Sexually Transmissible Disease Control Act. No licensee under this Act may be disciplined for providing expedited partner therapy in accordance with the provisions of the Illinois Sexually Transmissible Disease Control Act.
(Source: P.A. 96-613, eff. 1-1-10.)