Rep. Kelly M. Cassidy

Filed: 1/5/2023

 

 


 

 


 
10200SB3799ham001LRB102 24687 LNS 42448 a

1
AMENDMENT TO SENATE BILL 3799

2    AMENDMENT NO. ______. Amend Senate Bill 3799 by replacing
3everything after the enacting clause with the following:
 
4
"Article 1

 
5    Section 1-1. Short title; references to Act.
6    (a) This Article may be cited as the Public Higher
7Education Emergency Health Act. References in this Article to
8"this Act" mean this Article.
9    (b) This Act, including the new and amendatory provisions,
10may be referred to as the Patient and Provider Protection Act.
 
11    Section 1-3. Intent. It is the intent of the General
12Assembly that the requirements set forth in this Act should
13apply equally to each public institution of higher education
14in this State and to the governing board of each public
15institution of higher education in this State.
 

 

 

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1    Section 1-5. Definitions. As used in this Act:
2    "Emergency contraception" means medication approved by the
3federal Food and Drug Administration that can significantly
4reduce the risk of pregnancy if taken within 72 hours after
5unprotected sexual intercourse.
6    "Governing board of each public institution of higher
7education" means the Board of Trustees of the University of
8Illinois, the Board of Trustees of Southern Illinois
9University, the Board of Trustees of Chicago State University,
10the Board of Trustees of Eastern Illinois University, the
11Board of Trustees of Governors State University, the Board of
12Trustees of Illinois State University, the Board of Trustees
13of Northeastern Illinois University, the Board of Trustees of
14Northern Illinois University, the Board of Trustees of Western
15Illinois University, and the board of trustees of each
16community college district in this State.
17    "Public institution of higher education" means the
18University of Illinois, Southern Illinois University, Chicago
19State University, Eastern Illinois University, Governors State
20University, Illinois State University, Northeastern Illinois
21University, Northern Illinois University, Western Illinois
22University, a public community college in this State, or any
23other public university, college, or community college now or
24hereafter established or authorized by the General Assembly.
 

 

 

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1    Section 1-10. Emergency contraception availability on
2campus.
3    (a) The governing board of each public institution of
4higher education shall make emergency contraception available
5for purchase through at least one vending machine located on
6each campus under its jurisdiction.
7    (b) A public institution of higher education shall ensure
8that the emergency contraception made available through each
9vending machine satisfies, at a minimum, all of the following
10requirements:
11        (1) The emergency contraception must be sold only in
12    the manufacturer's clearly labeled, original, unbroken,
13    tamper-proof, and expiration-dated packaging.
14        (2) The emergency contraception may not be dispensed
15    after the manufacturer's expiration date.
16        (3) The emergency contraception must be stored in
17    accordance with manufacturer recommendations.
18        (4) The emergency contraception must be made available
19    at a reduced price, which may not exceed $40.
20    (c) A public institution of higher education shall ensure
21that each vending machine has, at a minimum:
22        (1) an obvious and legible statement on the machine
23    that identifies the owner of the machine;
24        (2) a toll-free telephone number at which the consumer
25    may contact the owner of the machine; and
26        (3) a statement advising the consumer to check the

 

 

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1    expiration date of the product before using the product.
 
2
Article 2

 
3    Section 2-5. The State Employees Group Insurance Act of
41971 is amended by changing Section 6.11 as follows:
 
5    (5 ILCS 375/6.11)
6    (Text of Section before amendment by P.A. 102-768)
7    Sec. 6.11. Required health benefits; Illinois Insurance
8Code requirements. The program of health benefits shall
9provide the post-mastectomy care benefits required to be
10covered by a policy of accident and health insurance under
11Section 356t of the Illinois Insurance Code. The program of
12health benefits shall provide the coverage required under
13Sections 356g, 356g.5, 356g.5-1, 356m, 356q, 356u, 356w, 356x,
14356z.2, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10,
15356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.22,
16356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33,
17356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, and
18356z.51, and 356z.53, 356z.54, 356z.56, 356z.57, 356z.59, and
19356z.60 of the Illinois Insurance Code. The program of health
20benefits must comply with Sections 155.22a, 155.37, 355b,
21356z.19, 370c, and 370c.1 and Article XXXIIB of the Illinois
22Insurance Code. The Department of Insurance shall enforce the
23requirements of this Section with respect to Sections 370c and

 

 

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1370c.1 of the Illinois Insurance Code; all other requirements
2of this Section shall be enforced by the Department of Central
3Management Services.
4    Rulemaking authority to implement Public Act 95-1045, if
5any, is conditioned on the rules being adopted in accordance
6with all provisions of the Illinois Administrative Procedure
7Act and all rules and procedures of the Joint Committee on
8Administrative Rules; any purported rule not so adopted, for
9whatever reason, is unauthorized.
10(Source: P.A. 101-13, eff. 6-12-19; 101-281, eff. 1-1-20;
11101-393, eff. 1-1-20; 101-452, eff. 1-1-20; 101-461, eff.
121-1-20; 101-625, eff. 1-1-21; 102-30, eff. 1-1-22; 102-103,
13eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22;
14102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff.
151-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816,
16eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23;
17revised 12-13-22.)
 
18    (Text of Section after amendment by P.A. 102-768)
19    Sec. 6.11. Required health benefits; Illinois Insurance
20Code requirements. The program of health benefits shall
21provide the post-mastectomy care benefits required to be
22covered by a policy of accident and health insurance under
23Section 356t of the Illinois Insurance Code. The program of
24health benefits shall provide the coverage required under
25Sections 356g, 356g.5, 356g.5-1, 356m, 356q, 356u, 356w, 356x,

 

 

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1356z.2, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10,
2356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.22,
3356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33,
4356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, and
5356z.51, and 356z.53, 356z.54, 356z.55, 356z.56, 356z.57,
6356z.59, and 356z.60 of the Illinois Insurance Code. The
7program of health benefits must comply with Sections 155.22a,
8155.37, 355b, 356z.19, 370c, and 370c.1 and Article XXXIIB of
9the Illinois Insurance Code. The Department of Insurance shall
10enforce the requirements of this Section with respect to
11Sections 370c and 370c.1 of the Illinois Insurance Code; all
12other requirements of this Section shall be enforced by the
13Department of Central Management Services.
14    Rulemaking authority to implement Public Act 95-1045, if
15any, is conditioned on the rules being adopted in accordance
16with all provisions of the Illinois Administrative Procedure
17Act and all rules and procedures of the Joint Committee on
18Administrative Rules; any purported rule not so adopted, for
19whatever reason, is unauthorized.
20(Source: P.A. 101-13, eff. 6-12-19; 101-281, eff. 1-1-20;
21101-393, eff. 1-1-20; 101-452, eff. 1-1-20; 101-461, eff.
221-1-20; 101-625, eff. 1-1-21; 102-30, eff. 1-1-22; 102-103,
23eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22;
24102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff.
251-1-23; 102-768, eff. 1-1-24; 102-804, eff. 1-1-23; 102-813,
26eff. 5-13-22; 102-816, eff. 1-1-23; 102-860, eff. 1-1-23;

 

 

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1102-1093, eff. 1-1-23; revised 12-13-22.)
 
2    Section 2-10. The Counties Code is amended by changing
3Section 5-1069.3 as follows:
 
4    (55 ILCS 5/5-1069.3)
5    Sec. 5-1069.3. Required health benefits. If a county,
6including a home rule county, is a self-insurer for purposes
7of providing health insurance coverage for its employees, the
8coverage shall include coverage for the post-mastectomy care
9benefits required to be covered by a policy of accident and
10health insurance under Section 356t and the coverage required
11under Sections 356g, 356g.5, 356g.5-1, 356q, 356u, 356w, 356x,
12356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
13356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29,
14356z.30a, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41,
15356z.45, 356z.46, 356z.47, 356z.48, and 356z.51, and 356z.53,
16356z.54, 356z.56, 356z.57, 356z.59, and 356z.60 of the
17Illinois Insurance Code. The coverage shall comply with
18Sections 155.22a, 355b, 356z.19, and 370c of the Illinois
19Insurance Code. The Department of Insurance shall enforce the
20requirements of this Section. The requirement that health
21benefits be covered as provided in this Section is an
22exclusive power and function of the State and is a denial and
23limitation under Article VII, Section 6, subsection (h) of the
24Illinois Constitution. A home rule county to which this

 

 

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1Section applies must comply with every provision of this
2Section.
3    Rulemaking authority to implement Public Act 95-1045, if
4any, is conditioned on the rules being adopted in accordance
5with all provisions of the Illinois Administrative Procedure
6Act and all rules and procedures of the Joint Committee on
7Administrative Rules; any purported rule not so adopted, for
8whatever reason, is unauthorized.
9(Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20;
10101-393, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, eff.
111-1-21; 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203,
12eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 1-1-22;
13102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff.
141-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816,
15eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23;
16revised 12-13-22.)
 
17    Section 2-15. The Illinois Municipal Code is amended by
18changing Section 10-4-2.3 as follows:
 
19    (65 ILCS 5/10-4-2.3)
20    Sec. 10-4-2.3. Required health benefits. If a
21municipality, including a home rule municipality, is a
22self-insurer for purposes of providing health insurance
23coverage for its employees, the coverage shall include
24coverage for the post-mastectomy care benefits required to be

 

 

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1covered by a policy of accident and health insurance under
2Section 356t and the coverage required under Sections 356g,
3356g.5, 356g.5-1, 356q, 356u, 356w, 356x, 356z.6, 356z.8,
4356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15,
5356z.22, 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32,
6356z.33, 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47,
7356z.48, and 356z.51, and 356z.53, 356z.54, 356z.56, 356z.57,
8356z.59, and 356z.60 of the Illinois Insurance Code. The
9coverage shall comply with Sections 155.22a, 355b, 356z.19,
10and 370c of the Illinois Insurance Code. The Department of
11Insurance shall enforce the requirements of this Section. The
12requirement that health benefits be covered as provided in
13this is an exclusive power and function of the State and is a
14denial and limitation under Article VII, Section 6, subsection
15(h) of the Illinois Constitution. A home rule municipality to
16which this Section applies must comply with every provision of
17this Section.
18    Rulemaking authority to implement Public Act 95-1045, if
19any, is conditioned on the rules being adopted in accordance
20with all provisions of the Illinois Administrative Procedure
21Act and all rules and procedures of the Joint Committee on
22Administrative Rules; any purported rule not so adopted, for
23whatever reason, is unauthorized.
24(Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20;
25101-393, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, eff.
261-1-21; 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203,

 

 

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1eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 1-1-22;
2102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff.
31-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816,
4eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23;
5revised 12-13-22.)
 
6    Section 2-20. The School Code is amended by changing
7Section 10-22.3f as follows:
 
8    (105 ILCS 5/10-22.3f)
9    Sec. 10-22.3f. Required health benefits. Insurance
10protection and benefits for employees shall provide the
11post-mastectomy care benefits required to be covered by a
12policy of accident and health insurance under Section 356t and
13the coverage required under Sections 356g, 356g.5, 356g.5-1,
14356q, 356u, 356w, 356x, 356z.6, 356z.8, 356z.9, 356z.11,
15356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26,
16356z.29, 356z.30a, 356z.32, 356z.33, 356z.36, 356z.40,
17356z.41, 356z.45, 356z.46, 356z.47, and 356z.51, and 356z.53,
18356z.54, 356z.56, 356z.57, 356z.59, and 356z.60 of the
19Illinois Insurance Code. Insurance policies shall comply with
20Section 356z.19 of the Illinois Insurance Code. The coverage
21shall comply with Sections 155.22a, 355b, and 370c of the
22Illinois Insurance Code. The Department of Insurance shall
23enforce the requirements of this Section.
24    Rulemaking authority to implement Public Act 95-1045, if

 

 

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1any, is conditioned on the rules being adopted in accordance
2with all provisions of the Illinois Administrative Procedure
3Act and all rules and procedures of the Joint Committee on
4Administrative Rules; any purported rule not so adopted, for
5whatever reason, is unauthorized.
6(Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20;
7101-393, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, eff.
81-1-21; 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203,
9eff. 1-1-22; 102-306, eff. 1-1-22; 102-642, eff. 1-1-22;
10102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-804, eff.
111-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-860,
12eff. 1-1-23; 102-1093, eff. 1-1-23; revised 12-13-22.)
 
13    Section 2-25. The Illinois Insurance Code is amended by
14changing Section 356z.4a and by adding Section 356z.60 as
15follows:
 
16    (215 ILCS 5/356z.4a)
17    Sec. 356z.4a. Coverage for abortion.
18    (a) Except as otherwise provided in this Section, no
19individual or group policy of accident and health insurance
20that provides pregnancy-related benefits may be issued,
21amended, delivered, or renewed in this State after the
22effective date of this amendatory Act of the 101st General
23Assembly unless the policy provides a covered person with
24coverage for abortion care. Regardless of whether the policy

 

 

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1otherwise provides prescription drug benefits, abortion care
2coverage must include medications that are obtained through a
3prescription and used to terminate a pregnancy, regardless of
4whether there is proof of pregnancy.
5    (b) Coverage for abortion care may not impose any
6deductible, coinsurance, waiting period, or other cost-sharing
7limitation that is greater than that required for other
8pregnancy-related benefits covered by the policy.
9    (c) Except as otherwise authorized under this Section, a
10policy shall not impose any restrictions or delays on the
11coverage required under this Section.
12    (d) This Section does not, pursuant to 42 U.S.C.
1318054(a)(6), apply to a multistate plan that does not provide
14coverage for abortion.
15    (e) If the Department concludes that enforcement of this
16Section may adversely affect the allocation of federal funds
17to this State, the Department may grant an exemption to the
18requirements, but only to the minimum extent necessary to
19ensure the continued receipt of federal funds.
20(Source: P.A. 101-13, eff. 6-12-19.)
 
21    (215 ILCS 5/356z.60 new)
22    Sec. 356z.60. Coverage for abortifacients,
23gender-affirming health care medications, and human
24immunodeficiency virus pre-exposure prophylaxis and
25post-exposure prophylaxis.

 

 

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1    (a) As used in this Section:
2    "Abortifacients" means any medication administered to
3terminate a pregnancy by a health care professional.
4    "Gender-affirming health care medication" means any
5medication administered to treat gender dysphoria, including
6hormonal treatment.
7    "Health care professional" means a physician licensed to
8practice medicine in all of its branches, licensed advanced
9practice registered nurse, or physician assistant.
10    "Therapeutic equivalent version" means drugs, devices, or
11products that can be expected to have the same clinical effect
12and safety profile when administered to patients under the
13conditions specified in the labeling and that satisfy the
14following general criteria:
15        (1) it is approved as safe and effective;
16        (2) it is a pharmaceutical equivalent in that it:
17            (A) contains identical amounts of the same active
18        drug ingredient in the same dosage form and route of
19        administration; and
20            (B) meets compendial or other applicable standards
21        of strength, quality, purity, and identity;
22        (3) it is bioequivalent in that:
23            (A) it does not present a known or potential
24        bioequivalence problem and it meets an acceptable in
25        vitro standard; or
26            (B) if it does present such a known or potential

 

 

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1        problem, it is shown to meet an appropriate
2        bioequivalence standard;
3        (4) it is adequately labeled; and
4        (5) it is manufactured in compliance with Current Good
5    Manufacturing Practice regulations adopted by the United
6    States Food and Drug Administration.
7    (b) An individual or group policy of accident and health
8insurance amended, delivered, issued, or renewed in this State
9after the effective date of this amendatory Act of the 102nd
10General Assembly shall provide coverage for all
11abortifacients, gender-affirming health care medication, human
12immunodeficiency virus pre-exposure prophylaxis and
13post-exposure prophylaxis drugs approved by the United States
14Food and Drug Administration, and follow-up services related
15to that coverage, including, but not limited to, management of
16side effects, medication self-management or adherence
17counseling, risk reduction strategies, and mental health
18counseling.
19    (c) The coverage required under subsection (b) is subject
20to the following conditions:
21        (1) If the United States Food and Drug Administration
22    has approved one or more therapeutic equivalent versions
23    of an abortifacient drug, a policy is not required to
24    include all such therapeutic equivalent versions in its
25    formulary so long as at least one is included and covered
26    without cost sharing and in accordance with this Section.

 

 

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1        (2) If an individual's attending provider recommends a
2    particular drug approved by the United States Food and
3    Drug Administration based on a determination of medical
4    necessity with respect to that individual, the plan or
5    issuer must defer to the determination of the attending
6    provider and must cover that service or item without cost
7    sharing.
8        (3) If a drug is not covered, plans and issuers must
9    have an easily accessible, transparent, and sufficiently
10    expedient process that is not unduly burdensome on the
11    individual or a provider or other individual acting as a
12    patient's authorized representative to ensure coverage
13    without cost sharing.
14    (d) Except as otherwise provided in this Section, a policy
15subject to this Section shall not impose a deductible,
16coinsurance, copayment, or any other cost-sharing requirement
17on the coverage provided. The provisions of this subsection do
18not apply to coverage of procedures to the extent such
19coverage would disqualify a high-deductible health plan from
20eligibility for a health savings account pursuant to the
21federal Internal Revenue Code, 26 U.S.C. 223.
22    (e) Except as otherwise authorized under this Section, a
23policy shall not impose any restrictions or delays on the
24coverage required under this Section.
 
25    Section 2-30. The Health Maintenance Organization Act is

 

 

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1amended by changing Section 5-3 as follows:
 
2    (215 ILCS 125/5-3)  (from Ch. 111 1/2, par. 1411.2)
3    Sec. 5-3. Insurance Code provisions.
4    (a) Health Maintenance Organizations shall be subject to
5the provisions of Sections 133, 134, 136, 137, 139, 140,
6141.1, 141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153,
7154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, 355.2,
8355.3, 355b, 355c, 356g.5-1, 356m, 356q, 356v, 356w, 356x,
9356y, 356z.2, 356z.3a, 356z.4, 356z.4a, 356z.5, 356z.6,
10356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14,
11356z.15, 356z.17, 356z.18, 356z.19, 356z.21, 356z.22, 356z.25,
12356z.26, 356z.29, 356z.30, 356z.30a, 356z.32, 356z.33,
13356z.35, 356z.36, 356z.40, 356z.41, 356z.46, 356z.47, 356z.48,
14356z.50, 356z.51, 256z.53, 356z.54, 356z.56, 356z.57, 356z.59,
15356z.60, 364, 364.01, 364.3, 367.2, 367.2-5, 367i, 368a, 368b,
16368c, 368d, 368e, 370c, 370c.1, 401, 401.1, 402, 403, 403A,
17408, 408.2, 409, 412, 444, and 444.1, paragraph (c) of
18subsection (2) of Section 367, and Articles IIA, VIII 1/2,
19XII, XII 1/2, XIII, XIII 1/2, XXV, XXVI, and XXXIIB of the
20Illinois Insurance Code.
21    (b) For purposes of the Illinois Insurance Code, except
22for Sections 444 and 444.1 and Articles XIII and XIII 1/2,
23Health Maintenance Organizations in the following categories
24are deemed to be "domestic companies":
25        (1) a corporation authorized under the Dental Service

 

 

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1    Plan Act or the Voluntary Health Services Plans Act;
2        (2) a corporation organized under the laws of this
3    State; or
4        (3) a corporation organized under the laws of another
5    state, 30% or more of the enrollees of which are residents
6    of this State, except a corporation subject to
7    substantially the same requirements in its state of
8    organization as is a "domestic company" under Article VIII
9    1/2 of the Illinois Insurance Code.
10    (c) In considering the merger, consolidation, or other
11acquisition of control of a Health Maintenance Organization
12pursuant to Article VIII 1/2 of the Illinois Insurance Code,
13        (1) the Director shall give primary consideration to
14    the continuation of benefits to enrollees and the
15    financial conditions of the acquired Health Maintenance
16    Organization after the merger, consolidation, or other
17    acquisition of control takes effect;
18        (2)(i) the criteria specified in subsection (1)(b) of
19    Section 131.8 of the Illinois Insurance Code shall not
20    apply and (ii) the Director, in making his determination
21    with respect to the merger, consolidation, or other
22    acquisition of control, need not take into account the
23    effect on competition of the merger, consolidation, or
24    other acquisition of control;
25        (3) the Director shall have the power to require the
26    following information:

 

 

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1            (A) certification by an independent actuary of the
2        adequacy of the reserves of the Health Maintenance
3        Organization sought to be acquired;
4            (B) pro forma financial statements reflecting the
5        combined balance sheets of the acquiring company and
6        the Health Maintenance Organization sought to be
7        acquired as of the end of the preceding year and as of
8        a date 90 days prior to the acquisition, as well as pro
9        forma financial statements reflecting projected
10        combined operation for a period of 2 years;
11            (C) a pro forma business plan detailing an
12        acquiring party's plans with respect to the operation
13        of the Health Maintenance Organization sought to be
14        acquired for a period of not less than 3 years; and
15            (D) such other information as the Director shall
16        require.
17    (d) The provisions of Article VIII 1/2 of the Illinois
18Insurance Code and this Section 5-3 shall apply to the sale by
19any health maintenance organization of greater than 10% of its
20enrollee population (including without limitation the health
21maintenance organization's right, title, and interest in and
22to its health care certificates).
23    (e) In considering any management contract or service
24agreement subject to Section 141.1 of the Illinois Insurance
25Code, the Director (i) shall, in addition to the criteria
26specified in Section 141.2 of the Illinois Insurance Code,

 

 

10200SB3799ham001- 19 -LRB102 24687 LNS 42448 a

1take into account the effect of the management contract or
2service agreement on the continuation of benefits to enrollees
3and the financial condition of the health maintenance
4organization to be managed or serviced, and (ii) need not take
5into account the effect of the management contract or service
6agreement on competition.
7    (f) Except for small employer groups as defined in the
8Small Employer Rating, Renewability and Portability Health
9Insurance Act and except for medicare supplement policies as
10defined in Section 363 of the Illinois Insurance Code, a
11Health Maintenance Organization may by contract agree with a
12group or other enrollment unit to effect refunds or charge
13additional premiums under the following terms and conditions:
14        (i) the amount of, and other terms and conditions with
15    respect to, the refund or additional premium are set forth
16    in the group or enrollment unit contract agreed in advance
17    of the period for which a refund is to be paid or
18    additional premium is to be charged (which period shall
19    not be less than one year); and
20        (ii) the amount of the refund or additional premium
21    shall not exceed 20% of the Health Maintenance
22    Organization's profitable or unprofitable experience with
23    respect to the group or other enrollment unit for the
24    period (and, for purposes of a refund or additional
25    premium, the profitable or unprofitable experience shall
26    be calculated taking into account a pro rata share of the

 

 

10200SB3799ham001- 20 -LRB102 24687 LNS 42448 a

1    Health Maintenance Organization's administrative and
2    marketing expenses, but shall not include any refund to be
3    made or additional premium to be paid pursuant to this
4    subsection (f)). The Health Maintenance Organization and
5    the group or enrollment unit may agree that the profitable
6    or unprofitable experience may be calculated taking into
7    account the refund period and the immediately preceding 2
8    plan years.
9    The Health Maintenance Organization shall include a
10statement in the evidence of coverage issued to each enrollee
11describing the possibility of a refund or additional premium,
12and upon request of any group or enrollment unit, provide to
13the group or enrollment unit a description of the method used
14to calculate (1) the Health Maintenance Organization's
15profitable experience with respect to the group or enrollment
16unit and the resulting refund to the group or enrollment unit
17or (2) the Health Maintenance Organization's unprofitable
18experience with respect to the group or enrollment unit and
19the resulting additional premium to be paid by the group or
20enrollment unit.
21    In no event shall the Illinois Health Maintenance
22Organization Guaranty Association be liable to pay any
23contractual obligation of an insolvent organization to pay any
24refund authorized under this Section.
25    (g) Rulemaking authority to implement Public Act 95-1045,
26if any, is conditioned on the rules being adopted in

 

 

10200SB3799ham001- 21 -LRB102 24687 LNS 42448 a

1accordance with all provisions of the Illinois Administrative
2Procedure Act and all rules and procedures of the Joint
3Committee on Administrative Rules; any purported rule not so
4adopted, for whatever reason, is unauthorized.
5(Source: P.A. 101-13, eff. 6-12-19; 101-81, eff. 7-12-19;
6101-281, eff. 1-1-20; 101-371, eff. 1-1-20; 101-393, eff.
71-1-20; 101-452, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625,
8eff. 1-1-21; 102-30, eff. 1-1-22; 102-34, eff. 6-25-21;
9102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.
101-1-22; 102-589, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665,
11eff. 10-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22;
12102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff.
131-1-23; 102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093,
14eff. 1-1-23; revised 12-13-22.)
 
15    Section 2-35. The Limited Health Service Organization Act
16is amended by changing Section 4003 as follows:
 
17    (215 ILCS 130/4003)  (from Ch. 73, par. 1504-3)
18    Sec. 4003. Illinois Insurance Code provisions. Limited
19health service organizations shall be subject to the
20provisions of Sections 133, 134, 136, 137, 139, 140, 141.1,
21141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154,
22154.5, 154.6, 154.7, 154.8, 155.04, 155.37, 355.2, 355.3,
23355b, 356q, 356v, 356z.10, 356z.21, 356z.22, 356z.25, 356z.26,
24356z.29, 356z.30a, 356z.32, 356z.33, 356z.41, 356z.46,

 

 

10200SB3799ham001- 22 -LRB102 24687 LNS 42448 a

1356z.47, 356z.51, 356z.53 (as added by Public Act 102-804),
2356z.53 (as added by Public Act 102-930), 364.3, 368a, 401,
3401.1, 402, 403, 403A, 408, 408.2, 409, 412, 444, and 444.1 and
4Articles IIA, VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV, and
5XXVI of the Illinois Insurance Code. For purposes of the
6Illinois Insurance Code, except for Sections 444 and 444.1 and
7Articles XIII and XIII 1/2, limited health service
8organizations in the following categories are deemed to be
9domestic companies:
10        (1) a corporation under the laws of this State; or
11        (2) a corporation organized under the laws of another
12    state, 30% or more of the enrollees of which are residents
13    of this State, except a corporation subject to
14    substantially the same requirements in its state of
15    organization as is a domestic company under Article VIII
16    1/2 of the Illinois Insurance Code.
17(Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20;
18101-393, eff. 1-1-20; 101-625, eff. 1-1-21; 102-30, eff.
191-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-642,
20eff. 1-1-22; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22;
21102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-860, eff.
221-1-23; 102-1093, eff. 1-1-23; revised 12-13-22.)
 
23    Section 2-40. The Voluntary Health Services Plans Act is
24amended by changing Section 10 as follows:
 

 

 

10200SB3799ham001- 23 -LRB102 24687 LNS 42448 a

1    (215 ILCS 165/10)  (from Ch. 32, par. 604)
2    Sec. 10. Application of Insurance Code provisions. Health
3services plan corporations and all persons interested therein
4or dealing therewith shall be subject to the provisions of
5Articles IIA and XII 1/2 and Sections 3.1, 133, 136, 139, 140,
6143, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3, 355b,
7356g, 356g.5, 356g.5-1, 356q, 356r, 356t, 356u, 356v, 356w,
8356x, 356y, 356z.1, 356z.2, 356z.3a, 356z.4, 356z.4a, 356z.5,
9356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
10356z.14, 356z.15, 356z.18, 356z.19, 356z.21, 356z.22, 356z.25,
11356z.26, 356z.29, 356z.30, 356z.30a, 356z.32, 356z.33,
12356z.40, 356z.41, 356z.46, 356z.47, 356z.51, 356z.53, 356z.54,
13356z.56, 356z.57, 356z.59, 356z.60, 364.01, 364.3, 367.2,
14368a, 401, 401.1, 402, 403, 403A, 408, 408.2, and 412, and
15paragraphs (7) and (15) of Section 367 of the Illinois
16Insurance Code.
17    Rulemaking authority to implement Public Act 95-1045, if
18any, is conditioned on the rules being adopted in accordance
19with all provisions of the Illinois Administrative Procedure
20Act and all rules and procedures of the Joint Committee on
21Administrative Rules; any purported rule not so adopted, for
22whatever reason, is unauthorized.
23(Source: P.A. 101-13, eff. 6-12-19; 101-81, eff. 7-12-19;
24101-281, eff. 1-1-20; 101-393, eff. 1-1-20; 101-625, eff.
251-1-21; 102-30, eff. 1-1-22; 102-203, eff. 1-1-22; 102-306,
26eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21;

 

 

10200SB3799ham001- 24 -LRB102 24687 LNS 42448 a

1102-731, eff. 1-1-23; 102-775, eff. 5-13-22; 102-804, eff.
21-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-860,
3eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093, eff. 1-1-23;
4revised 12-13-22.)
 
5    Section 2-45. The Illinois Public Aid Code is amended by
6changing Section 5-16.8 as follows:
 
7    (305 ILCS 5/5-16.8)
8    Sec. 5-16.8. Required health benefits. The medical
9assistance program shall (i) provide the post-mastectomy care
10benefits required to be covered by a policy of accident and
11health insurance under Section 356t and the coverage required
12under Sections 356g.5, 356q, 356u, 356w, 356x, 356z.6,
13356z.26, 356z.29, 356z.32, 356z.33, 356z.34, 356z.35, 356z.46,
14356z.47, and 356z.51, and 356z.53, 356z.56, 356z.59, and
15356z.60 of the Illinois Insurance Code, (ii) be subject to the
16provisions of Sections 356z.19, 356z.44, 356z.49, 364.01,
17370c, and 370c.1 of the Illinois Insurance Code, and (iii) be
18subject to the provisions of subsection (d-5) of Section 10 of
19the Network Adequacy and Transparency Act.
20    The Department, by rule, shall adopt a model similar to
21the requirements of Section 356z.39 of the Illinois Insurance
22Code.
23    On and after July 1, 2012, the Department shall reduce any
24rate of reimbursement for services or other payments or alter

 

 

10200SB3799ham001- 25 -LRB102 24687 LNS 42448 a

1any methodologies authorized by this Code to reduce any rate
2of reimbursement for services or other payments in accordance
3with Section 5-5e.
4    To ensure full access to the benefits set forth in this
5Section, on and after January 1, 2016, the Department shall
6ensure that provider and hospital reimbursement for
7post-mastectomy care benefits required under this Section are
8no lower than the Medicare reimbursement rate.
9(Source: P.A. 101-81, eff. 7-12-19; 101-218, eff. 1-1-20;
10101-281, eff. 1-1-20; 101-371, eff. 1-1-20; 101-574, eff.
111-1-20; 101-649, eff. 7-7-20; 102-30, eff. 1-1-22; 102-144,
12eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22;
13102-530, eff. 1-1-22; 102-642, eff. 1-1-22; 102-804, eff.
141-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-1093,
15eff. 1-1-23; revised 12-14-22.)
 
16
Article 3

 
17    Section 3-5. The Birth Center Licensing Act is amended by
18changing Section 5 as follows:
 
19    (210 ILCS 170/5)
20    Sec. 5. Definitions.
21    (a) In this Act:
22    "Birth center" means a designated site, other than a
23hospital:

 

 

10200SB3799ham001- 26 -LRB102 24687 LNS 42448 a

1        (1) in which births are planned to occur following a
2    normal, uncomplicated, and low-risk pregnancy;
3        (2) that is not the pregnant person's usual place of
4    residence;
5        (3) that is exclusively dedicated to serving the
6    childbirth-related needs of pregnant persons and their
7    newborns, and has no more than 10 beds;
8        (4) that offers prenatal care and community education
9    services and coordinates these services with other health
10    care services available in the community; and
11        (5) that does not provide general anesthesia or
12    surgery.
13    "Certified nurse midwife" means an advanced practice
14registered nurse licensed in Illinois under the Nurse Practice
15Act with full practice authority or who is delegated such
16authority as part of a written collaborative agreement with a
17physician who is associated with the birthing center or who
18has privileges at a nearby birthing hospital.
19    "Department" means the Illinois Department of Public
20Health.
21    "Hospital" does not include places where pregnant females
22are received, cared for, or treated during delivery if it is in
23a licensed birth center, nor include any facility required to
24be licensed as a birth center.
25    "Licensed certified professional midwife" means a person
26who has successfully met the requirements under Section 45 of

 

 

10200SB3799ham001- 27 -LRB102 24687 LNS 42448 a

1the Licensed Certified Professional Midwife Practice Act and
2holds an active license to practice as a licensed certified
3professional midwife in Illinois.
4    "Physician" means a physician licensed to practice
5medicine in all its branches in Illinois.
6    "Reproductive health care" means health care offered,
7arranged, or furnished for the purpose of preventing
8pregnancy, terminating a pregnancy, managing pregnancy loss,
9or improving maternal health and birth outcomes. "Reproductive
10health care" includes but is not limited to: contraception;
11sterilization; preconception care; maternity care; assisted
12reproduction; abortion care; and counseling regarding
13reproductive health care.
14    (b) Nothing in this Section shall be construed to prohibit
15a facility licensed as a birth center from offering other
16sexual health care or reproductive health care subject to any
17applicable laws, rules, regulations, or licensing requirements
18for those services.
19(Source: P.A. 102-518, eff. 8-20-21; 102-964, eff. 1-1-23.)
 
20
Article 5

 
21    Section 5-5. The Pharmacy Practice Act is amended by
22changing Section 43 as follows:
 
23    (225 ILCS 85/43)

 

 

10200SB3799ham001- 28 -LRB102 24687 LNS 42448 a

1    (Section scheduled to be repealed on January 1, 2028)
2    Sec. 43. Dispensation of hormonal contraceptives.
3    (a) The dispensing of hormonal contraceptives to a patient
4shall be pursuant to a valid prescription or standing order by
5a physician licensed to practice medicine in all its branches,
6a standing order by or the medical director of a local health
7department, or a standing order by the Department of Public
8Health pursuant to the following:
9        (1) a pharmacist may dispense no more than a 12-month
10    supply of hormonal contraceptives to a patient;
11        (2) a pharmacist must complete an educational training
12    program accredited by the Accreditation Council for
13    Pharmacy Education and approved by the Department that is
14    related to the patient self-screening risk assessment,
15    patient assessment contraceptive counseling and education,
16    and dispensation of hormonal contraceptives;
17        (3) a pharmacist shall have the patient complete the
18    self-screening risk assessment tool; the self-screening
19    risk assessment tool is to be based on the most current
20    version of the United States Medical Eligibility Criteria
21    for Contraceptive Use published by the federal Centers for
22    Disease Control and Prevention;
23        (4) based upon the results of the self-screening risk
24    assessment and the patient assessment, the pharmacist
25    shall use his or her professional and clinical judgment as
26    to when a patient should be referred to the patient's

 

 

10200SB3799ham001- 29 -LRB102 24687 LNS 42448 a

1    physician or another health care provider;
2        (5) a pharmacist shall provide, during the patient
3    assessment and consultation, counseling and education
4    about all methods of contraception, including methods not
5    covered under the standing order, and their proper use and
6    effectiveness;
7        (6) the patient consultation shall take place in a
8    private manner; and
9        (7) a pharmacist and pharmacy must maintain
10    appropriate records.
11    (b) The Department may adopt rules to implement this
12Section.
13    (c) Nothing in this Section shall be interpreted to
14require a pharmacist to dispense hormonal contraception under
15a standing order issued by a physician licensed to practice
16medicine in all its branches or the medical director of a local
17health department.
18    (d) Notwithstanding any other provision of law to the
19contrary, a pharmacist may dispense hormonal contraceptives in
20conformance with standing orders issued pursuant to this
21Section without prior establishment of a relationship between
22the pharmacist and the person receiving hormonal
23contraception.
24    (e) No employee of the Department of Public Health issuing
25a standing order pursuant to this Section shall, as a result of
26the employee's acts or omissions in issuing the standing order

 

 

10200SB3799ham001- 30 -LRB102 24687 LNS 42448 a

1pursuant to this Section, be subject to (i) any disciplinary
2or other adverse action under the Medical Practice Act of
31987, (ii) any civil liability, or (iii) any criminal
4liability.
5(Source: P.A. 102-103, eff. 1-1-22; 102-813, eff. 5-13-22.)
 
6
Article 6

 
7    Section 6-5. The Criminal Identification Act is amended by
8changing Section 3.2 as follows:
 
9    (20 ILCS 2630/3.2)  (from Ch. 38, par. 206-3.2)
10    Sec. 3.2. (a) It is the duty of any person conducting or
11operating a medical facility, or any physician or nurse as
12soon as treatment permits to notify the local law enforcement
13agency of that jurisdiction upon the application for treatment
14of a person who is not accompanied by a law enforcement
15officer, when it reasonably appears that the person requesting
16treatment has received:
17        (1) any injury resulting from the discharge of a
18    firearm; or
19        (2) any injury sustained in the commission of or as a
20    victim of a criminal offense.
21    Any hospital, physician or nurse shall be forever held
22harmless from any civil liability for their reasonable
23compliance with the provisions of this Section.

 

 

10200SB3799ham001- 31 -LRB102 24687 LNS 42448 a

1    (b) Notwithstanding subsection (a), nothing in this
2Section shall be construed to require the reporting of lawful
3health care activity, whether such activity may constitute a
4violation of another state's law.
5    (c) As used in this Section:
6    "Gender-affirming health care" includes, but is not
7limited to, all supplies, care, and services of a medical,
8behavioral health, mental health, surgical, psychiatric,
9therapeutic, diagnostic, preventative, rehabilitative, or
10supportive nature relating to the treatment of gender
11dysphoria or the affirmation of an individual's gender
12identity or gender expression.
13    "Lawful health care" means "reproductive health care" as
14defined in Section 1-10 of the Reproductive Health Act, or
15gender-affirming health care that is not unlawful under the
16laws of this State, including on any theory of vicarious,
17joint, several, or conspiracy liability."
18    "Lawful health care activity" means seeking, providing,
19receiving, assisting in seeking, providing, or receiving,
20providing material support for, or traveling to obtain lawful
21health care.
22(Source: P.A. 86-1475.)
 
23    Section 6-10. The Wrongful Death Act is amended by
24changing Section 2.2 as follows:
 

 

 

10200SB3799ham001- 32 -LRB102 24687 LNS 42448 a

1    (740 ILCS 180/2.2)  (from Ch. 70, par. 2.2)
2    Sec. 2.2. The state of gestation or development of a human
3being when an injury is caused, when an injury takes effect, or
4at death, shall not foreclose maintenance of any cause of
5action under the law of this State arising from the death of a
6human being caused by wrongful act, neglect or default.
7    There shall be no cause of action against any person a
8physician or a medical institution for the wrongful death of a
9fetus caused by an abortion where the abortion was permitted
10by law and the requisite consent was lawfully given. Provided,
11however, that a cause of action is not prohibited where the
12fetus is live-born but subsequently dies.
13    There shall be no cause of action against a physician or a
14medical institution for the wrongful death of a fetus based on
15the alleged misconduct of the physician or medical institution
16where the defendant did not know and, under the applicable
17standard of good medical care, had no medical reason to know of
18the pregnancy of the mother of the fetus.
19(Source: P.A. 81-946.)
 
20
Article 7

 
21    Section 7-5. The Illinois Parentage Act of 2015 is amended
22by changing Sections 704 and 709 as follows:
 
23    (750 ILCS 46/704)

 

 

10200SB3799ham001- 33 -LRB102 24687 LNS 42448 a

1    Sec. 704. Withdrawal of consent of intended parent or
2donor. An intended parent or donor may withdraw consent to use
3his or her gametes in a writing or legal pleading with notice
4to the other participants. An intended parent who withdraws
5consent under this Section prior to the insemination or embryo
6transfer is not a parent of any resulting child. If a donor
7withdraws consent to his or her donation prior to the
8insemination or the combination of gametes, the intended
9parent is not the parent of any resulting child. If the
10intended parent or parents no longer wish to use any remaining
11cryopreserved fertilized ovum for medical purposes, the terms
12of the most recent informed consent of the intended parent or
13parents executed at the fertility center or a marital
14settlement agreement under a judgment of dissolution of
15marriage, judgment of legal separation, or judgment of
16dissolution of civil union governs the disposition of the
17fertilized ovum.
18(Source: P.A. 99-763, eff. 1-1-17.)
 
19    (750 ILCS 46/709)
20    Sec. 709. Establishment of parentage; requirements of
21Gestational Surrogacy Act.
22    (a) In the event of gestational surrogacy, in addition to
23the requirements of the Gestational Surrogacy Act, a
24parent-child relationship is established between a person and
25a child if all of the following conditions are met prior to the

 

 

10200SB3799ham001- 34 -LRB102 24687 LNS 42448 a

1birth of the child:
2        (1) The gestational surrogate certifies that she did
3    not provide a gamete for the child, and that she is
4    carrying the child for the intended parents.
5        (2) The spouse, if any, of the gestational surrogate
6    certifies that he or she did not provide a gamete for the
7    child.
8        (3) Each intended parent, or the parent's legally
9    authorized designee if an intended parent dies, certifies
10    that the child being carried by the gestational surrogate
11    was conceived using at least one of the intended parents'
12    gametes.
13        (4) A physician licensed in the state in which the
14    fertilized ovum was inseminated or transferred to the
15    gestational surrogate certifies that the child being
16    carried by the gestational surrogate was conceived using
17    the gamete or gametes of at least one of the intended
18    parents, and that neither the gestational surrogate nor
19    the gestational surrogate's spouse, if any, provided
20    gametes for the child being carried by the gestational
21    surrogate.
22        (5) The attorneys for the intended parents and the
23    gestational surrogate each certify that the parties
24    entered into a gestational surrogacy agreement intended to
25    satisfy the requirements of the Gestational Surrogacy Act.
26    (b) All certifications under this Section shall be in

 

 

10200SB3799ham001- 35 -LRB102 24687 LNS 42448 a

1writing and witnessed by 2 competent adults who are not the
2gestational surrogate, gestational surrogate's spouse, if any,
3or an intended parent. Certifications shall be on forms
4prescribed by the Illinois Department of Public Health and
5shall be executed prior to the birth of the child. All
6certifications shall be provided, prior to the birth of the
7child, to both the hospital where the gestational surrogate
8anticipates the delivery will occur and to the Illinois
9Department of Public Health.
10    (c) Parentage established in accordance with this Section
11has the full force and effect of a judgment entered under this
12Act.
13    (d) The Illinois Department of Public Health shall adopt
14rules to implement this Section.
15(Source: P.A. 99-763, eff. 1-1-17.)
 
16
Article 8

 
17    Section 8-5. The Reproductive Health Act is amended by
18changing Sections 1-10, 1-20, and 1-25 as follows:
 
19    (775 ILCS 55/1-10)
20    Sec. 1-10. Definitions. As used in this Act:
21    "Abortion" means the use of any instrument, medicine,
22drug, or any other substance or device to terminate the
23pregnancy of an individual known to be pregnant with an

 

 

10200SB3799ham001- 36 -LRB102 24687 LNS 42448 a

1intention other than to increase the probability of a live
2birth, to preserve the life or health of the child after live
3birth, or to remove a dead fetus.
4    "Advanced practice registered nurse" has the same meaning
5as it does in Section 50-10 of the Nurse Practice Act.
6    "Assisted reproduction" means a method of achieving a
7pregnancy through the handling of human oocytes, sperm,
8zygotes, or embryos for the purpose of establishing a
9pregnancy. "Assisted reproduction" includes, but is not
10limited to: methods of artificial insemination; in vitro
11fertilization; embryo transfer; zygote transfer; embryo
12biopsy; preimplantation genetic diagnosis; embryo
13cryopreservation; oocyte, gamete, zygote, and embryo donation;
14and gestational surrogacy.
15    "Department" means the Illinois Department of Public
16Health.
17    "Fetal viability" means that, in the professional judgment
18of the attending health care professional, based on the
19particular facts of the case, there is a significant
20likelihood of a fetus' sustained survival outside the uterus
21without the application of extraordinary medical measures.
22    "Health care professional" means a person who is licensed
23as a physician, advanced practice registered nurse, or
24physician assistant.
25    "Health of the patient" means all factors that are
26relevant to the patient's health and well-being, including,

 

 

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1but not limited to, physical, emotional, psychological, and
2familial health and age.
3    "Maternity care" means the health care provided in
4relation to pregnancy, labor and childbirth, and the
5postpartum period, and includes prenatal care, care during
6labor and birthing, and postpartum care extending through
7one-year postpartum. Maternity care shall, seek to optimize
8positive outcomes for the patient, and be provided on the
9basis of the physical and psychosocial needs of the patient.
10Notwithstanding any of the above, all care shall be subject to
11the informed and voluntary consent of the patient, or the
12patient's legal proxy, when the patient is unable to give
13consent.
14    "Physician" means any person licensed to practice medicine
15in all its branches under the Medical Practice Act of 1987.
16    "Physician assistant" has the same meaning as it does in
17Section 4 of the Physician Assistant Practice Act of 1987.
18    "Pregnancy" means the human reproductive process,
19beginning with the implantation of an embryo.
20    "Prevailing party" has the same meaning as in the Illinois
21Civil Rights Act of 2003.
22    "Reproductive health care" means health care offered,
23arranged, or furnished for the purpose of preventing
24pregnancy, terminating a pregnancy, managing pregnancy loss,
25or improving maternal health and birth outcomes. "Reproductive
26health care" includes, but is not limited to: contraception;

 

 

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1sterilization; preconception care; assisted reproduction;
2maternity care; abortion care; and counseling regarding
3reproductive health care.
4    "State" includes any branch, department, agency,
5instrumentality, and official or other person acting under
6color of law of this State or a political subdivision of the
7State, including any unit of local government (including a
8home rule unit), school district, instrumentality, or public
9subdivision.
10(Source: P.A. 101-13, eff. 6-12-19.)
 
11    (775 ILCS 55/1-20)
12    Sec. 1-20. Prohibited State actions; causes of action.
13    (a) The State shall not:
14        (1) deny, restrict, interfere with, or discriminate
15    against an individual's exercise of the fundamental rights
16    set forth in this Act, including individuals under State
17    custody, control, or supervision; or
18        (2) prosecute, punish, or otherwise deprive any
19    individual of the individual's rights for any act or
20    failure to act during the individual's own pregnancy, if
21    the predominant basis for such prosecution, punishment, or
22    deprivation of rights is the potential, actual, or
23    perceived impact on the pregnancy or its outcomes or on
24    the pregnant individual's own health.
25    (b) Any party aggrieved by conduct or regulation in

 

 

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1violation of this Act may bring a civil lawsuit, in a federal
2district court or State circuit court, against the offending
3unit of government. Any State claim brought in federal
4district court shall be a supplemental claim to a federal
5claim. Any lawsuit brought pursuant to this Act shall be
6commenced within 2 years after the cause of action was
7discovered.
8    (c) Upon motion, a court shall award reasonable attorney's
9fees and costs, including expert witness fees and other
10litigation expenses, to a plaintiff who is a prevailing party
11in any action brought pursuant to this Section. In awarding
12reasonable attorney's fees, the court shall consider the
13degree to which the relief obtained relates to the relief
14sought.
15(Source: P.A. 101-13, eff. 6-12-19.)
 
16    (775 ILCS 55/1-25)
17    Sec. 1-25. Reporting of abortions performed by health care
18professionals.
19    (a) A health care professional may provide abortion care
20in accordance with the health care professional's professional
21judgment and training and based on accepted standards of
22clinical practice consistent with the scope of his or her
23practice under the Medical Practice Act of 1987, the Nurse
24Practice Act, or the Physician Assistant Practice Act of 1987.
25An advanced practice registered nurse or physician assistant

 

 

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1as defined in this Act may perform aspiration abortion
2procedures that do not require general anesthesia, consistent
3with the advanced practice registered nurse's training and
4standards of clinical practice and, if applicable, consistent
5with any collaborative agreement. If the health care
6professional determines that there is fetal viability, the
7health care professional may provide abortion care only if, in
8the professional judgment of the health care professional, the
9abortion is necessary to protect the life or health of the
10patient.
11    (b) A report of each abortion performed by a health care
12professional shall be made to the Department on forms
13prescribed by it. Such reports shall be transmitted to the
14Department not later than 10 days following the end of the
15month in which the abortion is performed.
16    (c) The abortion reporting forms prescribed by the
17Department shall not request or require information that
18identifies a patient by name or any other identifying
19information, and the Department shall secure anonymity of all
20patients and health care professionals.
21    (d) All reports received by the Department pursuant to
22this Section shall be treated as confidential and exempt from
23the Freedom of Information Act. Access to such reports shall
24be limited to authorized Department staff who shall use the
25reports for statistical purposes only. Such reports must be
26destroyed within 2 years after date of receipt.

 

 

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1(Source: P.A. 101-13, eff. 6-12-19.)
 
2
Article 9

 
3    Section 9-5. The Medical Practice Act of 1987 is amended
4by changing Sections 22 and 23 as follows:
 
5    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
6    (Section scheduled to be repealed on January 1, 2027)
7    Sec. 22. Disciplinary action.
8    (A) The Department may revoke, suspend, place on
9probation, reprimand, refuse to issue or renew, or take any
10other disciplinary or non-disciplinary action as the
11Department may deem proper with regard to the license or
12permit of any person issued under this Act, including imposing
13fines not to exceed $10,000 for each violation, upon any of the
14following grounds:
15        (1) (Blank).
16        (2) (Blank).
17        (3) A plea of guilty or nolo contendere, finding of
18    guilt, jury verdict, or entry of judgment or sentencing,
19    including, but not limited to, convictions, preceding
20    sentences of supervision, conditional discharge, or first
21    offender probation, under the laws of any jurisdiction of
22    the United States of any crime that is a felony.
23        (4) Gross negligence in practice under this Act.

 

 

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1        (5) Engaging in dishonorable, unethical, or
2    unprofessional conduct of a character likely to deceive,
3    defraud or harm the public.
4        (6) Obtaining any fee by fraud, deceit, or
5    misrepresentation.
6        (7) Habitual or excessive use or abuse of drugs
7    defined in law as controlled substances, of alcohol, or of
8    any other substances which results in the inability to
9    practice with reasonable judgment, skill, or safety.
10        (8) Practicing under a false or, except as provided by
11    law, an assumed name.
12        (9) Fraud or misrepresentation in applying for, or
13    procuring, a license under this Act or in connection with
14    applying for renewal of a license under this Act.
15        (10) Making a false or misleading statement regarding
16    their skill or the efficacy or value of the medicine,
17    treatment, or remedy prescribed by them at their direction
18    in the treatment of any disease or other condition of the
19    body or mind.
20        (11) Allowing another person or organization to use
21    their license, procured under this Act, to practice.
22        (12) Adverse action taken by another state or
23    jurisdiction against a license or other authorization to
24    practice as a medical doctor, doctor of osteopathy, doctor
25    of osteopathic medicine or doctor of chiropractic, a
26    certified copy of the record of the action taken by the

 

 

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1    other state or jurisdiction being prima facie evidence
2    thereof. This includes any adverse action taken by a State
3    or federal agency that prohibits a medical doctor, doctor
4    of osteopathy, doctor of osteopathic medicine, or doctor
5    of chiropractic from providing services to the agency's
6    participants.
7        (13) Violation of any provision of this Act or of the
8    Medical Practice Act prior to the repeal of that Act, or
9    violation of the rules, or a final administrative action
10    of the Secretary, after consideration of the
11    recommendation of the Medical Board.
12        (14) Violation of the prohibition against fee
13    splitting in Section 22.2 of this Act.
14        (15) A finding by the Medical Board that the
15    registrant after having his or her license placed on
16    probationary status or subjected to conditions or
17    restrictions violated the terms of the probation or failed
18    to comply with such terms or conditions.
19        (16) Abandonment of a patient.
20        (17) Prescribing, selling, administering,
21    distributing, giving, or self-administering any drug
22    classified as a controlled substance (designated product)
23    or narcotic for other than medically accepted therapeutic
24    purposes.
25        (18) Promotion of the sale of drugs, devices,
26    appliances, or goods provided for a patient in such manner

 

 

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1    as to exploit the patient for financial gain of the
2    physician.
3        (19) Offering, undertaking, or agreeing to cure or
4    treat disease by a secret method, procedure, treatment, or
5    medicine, or the treating, operating, or prescribing for
6    any human condition by a method, means, or procedure which
7    the licensee refuses to divulge upon demand of the
8    Department.
9        (20) Immoral conduct in the commission of any act
10    including, but not limited to, commission of an act of
11    sexual misconduct related to the licensee's practice.
12        (21) Willfully making or filing false records or
13    reports in his or her practice as a physician, including,
14    but not limited to, false records to support claims
15    against the medical assistance program of the Department
16    of Healthcare and Family Services (formerly Department of
17    Public Aid) under the Illinois Public Aid Code.
18        (22) Willful omission to file or record, or willfully
19    impeding the filing or recording, or inducing another
20    person to omit to file or record, medical reports as
21    required by law, or willfully failing to report an
22    instance of suspected abuse or neglect as required by law.
23        (23) Being named as a perpetrator in an indicated
24    report by the Department of Children and Family Services
25    under the Abused and Neglected Child Reporting Act, and
26    upon proof by clear and convincing evidence that the

 

 

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1    licensee has caused a child to be an abused child or
2    neglected child as defined in the Abused and Neglected
3    Child Reporting Act.
4        (24) Solicitation of professional patronage by any
5    corporation, agents or persons, or profiting from those
6    representing themselves to be agents of the licensee.
7        (25) Gross and willful and continued overcharging for
8    professional services, including filing false statements
9    for collection of fees for which services are not
10    rendered, including, but not limited to, filing such false
11    statements for collection of monies for services not
12    rendered from the medical assistance program of the
13    Department of Healthcare and Family Services (formerly
14    Department of Public Aid) under the Illinois Public Aid
15    Code.
16        (26) A pattern of practice or other behavior which
17    demonstrates incapacity or incompetence to practice under
18    this Act.
19        (27) Mental illness or disability which results in the
20    inability to practice under this Act with reasonable
21    judgment, skill, or safety.
22        (28) Physical illness, including, but not limited to,
23    deterioration through the aging process, or loss of motor
24    skill which results in a physician's inability to practice
25    under this Act with reasonable judgment, skill, or safety.
26        (29) Cheating on or attempting to subvert the

 

 

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1    licensing examinations administered under this Act.
2        (30) Willfully or negligently violating the
3    confidentiality between physician and patient except as
4    required by law.
5        (31) The use of any false, fraudulent, or deceptive
6    statement in any document connected with practice under
7    this Act.
8        (32) Aiding and abetting an individual not licensed
9    under this Act in the practice of a profession licensed
10    under this Act.
11        (33) Violating state or federal laws or regulations
12    relating to controlled substances, legend drugs, or
13    ephedra as defined in the Ephedra Prohibition Act.
14        (34) Failure to report to the Department any adverse
15    final action taken against them by another licensing
16    jurisdiction (any other state or any territory of the
17    United States or any foreign state or country), by any
18    peer review body, by any health care institution, by any
19    professional society or association related to practice
20    under this Act, by any governmental agency, by any law
21    enforcement agency, or by any court for acts or conduct
22    similar to acts or conduct which would constitute grounds
23    for action as defined in this Section.
24        (35) Failure to report to the Department surrender of
25    a license or authorization to practice as a medical
26    doctor, a doctor of osteopathy, a doctor of osteopathic

 

 

10200SB3799ham001- 47 -LRB102 24687 LNS 42448 a

1    medicine, or doctor of chiropractic in another state or
2    jurisdiction, or surrender of membership on any medical
3    staff or in any medical or professional association or
4    society, while under disciplinary investigation by any of
5    those authorities or bodies, for acts or conduct similar
6    to acts or conduct which would constitute grounds for
7    action as defined in this Section.
8        (36) Failure to report to the Department any adverse
9    judgment, settlement, or award arising from a liability
10    claim related to acts or conduct similar to acts or
11    conduct which would constitute grounds for action as
12    defined in this Section.
13        (37) Failure to provide copies of medical records as
14    required by law.
15        (38) Failure to furnish the Department, its
16    investigators or representatives, relevant information,
17    legally requested by the Department after consultation
18    with the Chief Medical Coordinator or the Deputy Medical
19    Coordinator.
20        (39) Violating the Health Care Worker Self-Referral
21    Act.
22        (40) (Blank). Willful failure to provide notice when
23    notice is required under the Parental Notice of Abortion
24    Act of 1995.
25        (41) Failure to establish and maintain records of
26    patient care and treatment as required by this law.

 

 

10200SB3799ham001- 48 -LRB102 24687 LNS 42448 a

1        (42) Entering into an excessive number of written
2    collaborative agreements with licensed advanced practice
3    registered nurses resulting in an inability to adequately
4    collaborate.
5        (43) Repeated failure to adequately collaborate with a
6    licensed advanced practice registered nurse.
7        (44) Violating the Compassionate Use of Medical
8    Cannabis Program Act.
9        (45) Entering into an excessive number of written
10    collaborative agreements with licensed prescribing
11    psychologists resulting in an inability to adequately
12    collaborate.
13        (46) Repeated failure to adequately collaborate with a
14    licensed prescribing psychologist.
15        (47) Willfully failing to report an instance of
16    suspected abuse, neglect, financial exploitation, or
17    self-neglect of an eligible adult as defined in and
18    required by the Adult Protective Services Act.
19        (48) Being named as an abuser in a verified report by
20    the Department on Aging under the Adult Protective
21    Services Act, and upon proof by clear and convincing
22    evidence that the licensee abused, neglected, or
23    financially exploited an eligible adult as defined in the
24    Adult Protective Services Act.
25        (49) Entering into an excessive number of written
26    collaborative agreements with licensed physician

 

 

10200SB3799ham001- 49 -LRB102 24687 LNS 42448 a

1    assistants resulting in an inability to adequately
2    collaborate.
3        (50) Repeated failure to adequately collaborate with a
4    physician assistant.
5    Except for actions involving the ground numbered (26), all
6proceedings to suspend, revoke, place on probationary status,
7or take any other disciplinary action as the Department may
8deem proper, with regard to a license on any of the foregoing
9grounds, must be commenced within 5 years next after receipt
10by the Department of a complaint alleging the commission of or
11notice of the conviction order for any of the acts described
12herein. Except for the grounds numbered (8), (9), (26), and
13(29), no action shall be commenced more than 10 years after the
14date of the incident or act alleged to have violated this
15Section. For actions involving the ground numbered (26), a
16pattern of practice or other behavior includes all incidents
17alleged to be part of the pattern of practice or other behavior
18that occurred, or a report pursuant to Section 23 of this Act
19received, within the 10-year period preceding the filing of
20the complaint. In the event of the settlement of any claim or
21cause of action in favor of the claimant or the reduction to
22final judgment of any civil action in favor of the plaintiff,
23such claim, cause of action, or civil action being grounded on
24the allegation that a person licensed under this Act was
25negligent in providing care, the Department shall have an
26additional period of 2 years from the date of notification to

 

 

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1the Department under Section 23 of this Act of such settlement
2or final judgment in which to investigate and commence formal
3disciplinary proceedings under Section 36 of this Act, except
4as otherwise provided by law. The time during which the holder
5of the license was outside the State of Illinois shall not be
6included within any period of time limiting the commencement
7of disciplinary action by the Department.
8    The entry of an order or judgment by any circuit court
9establishing that any person holding a license under this Act
10is a person in need of mental treatment operates as a
11suspension of that license. That person may resume his or her
12practice only upon the entry of a Departmental order based
13upon a finding by the Medical Board that the person has been
14determined to be recovered from mental illness by the court
15and upon the Medical Board's recommendation that the person be
16permitted to resume his or her practice.
17    The Department may refuse to issue or take disciplinary
18action concerning the license of any person who fails to file a
19return, or to pay the tax, penalty, or interest shown in a
20filed return, or to pay any final assessment of tax, penalty,
21or interest, as required by any tax Act administered by the
22Illinois Department of Revenue, until such time as the
23requirements of any such tax Act are satisfied as determined
24by the Illinois Department of Revenue.
25    The Department, upon the recommendation of the Medical
26Board, shall adopt rules which set forth standards to be used

 

 

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1in determining:
2        (a) when a person will be deemed sufficiently
3    rehabilitated to warrant the public trust;
4        (b) what constitutes dishonorable, unethical, or
5    unprofessional conduct of a character likely to deceive,
6    defraud, or harm the public;
7        (c) what constitutes immoral conduct in the commission
8    of any act, including, but not limited to, commission of
9    an act of sexual misconduct related to the licensee's
10    practice; and
11        (d) what constitutes gross negligence in the practice
12    of medicine.
13    However, no such rule shall be admissible into evidence in
14any civil action except for review of a licensing or other
15disciplinary action under this Act.
16    In enforcing this Section, the Medical Board, upon a
17showing of a possible violation, may compel any individual who
18is licensed to practice under this Act or holds a permit to
19practice under this Act, or any individual who has applied for
20licensure or a permit pursuant to this Act, to submit to a
21mental or physical examination and evaluation, or both, which
22may include a substance abuse or sexual offender evaluation,
23as required by the Medical Board and at the expense of the
24Department. The Medical Board shall specifically designate the
25examining physician licensed to practice medicine in all of
26its branches or, if applicable, the multidisciplinary team

 

 

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1involved in providing the mental or physical examination and
2evaluation, or both. The multidisciplinary team shall be led
3by a physician licensed to practice medicine in all of its
4branches and may consist of one or more or a combination of
5physicians licensed to practice medicine in all of its
6branches, licensed chiropractic physicians, licensed clinical
7psychologists, licensed clinical social workers, licensed
8clinical professional counselors, and other professional and
9administrative staff. Any examining physician or member of the
10multidisciplinary team may require any person ordered to
11submit to an examination and evaluation pursuant to this
12Section to submit to any additional supplemental testing
13deemed necessary to complete any examination or evaluation
14process, including, but not limited to, blood testing,
15urinalysis, psychological testing, or neuropsychological
16testing. The Medical Board or the Department may order the
17examining physician or any member of the multidisciplinary
18team to provide to the Department or the Medical Board any and
19all records, including business records, that relate to the
20examination and evaluation, including any supplemental testing
21performed. The Medical Board or the Department may order the
22examining physician or any member of the multidisciplinary
23team to present testimony concerning this examination and
24evaluation of the licensee, permit holder, or applicant,
25including testimony concerning any supplemental testing or
26documents relating to the examination and evaluation. No

 

 

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1information, report, record, or other documents in any way
2related to the examination and evaluation shall be excluded by
3reason of any common law or statutory privilege relating to
4communication between the licensee, permit holder, or
5applicant and the examining physician or any member of the
6multidisciplinary team. No authorization is necessary from the
7licensee, permit holder, or applicant ordered to undergo an
8evaluation and examination for the examining physician or any
9member of the multidisciplinary team to provide information,
10reports, records, or other documents or to provide any
11testimony regarding the examination and evaluation. The
12individual to be examined may have, at his or her own expense,
13another physician of his or her choice present during all
14aspects of the examination. Failure of any individual to
15submit to mental or physical examination and evaluation, or
16both, when directed, shall result in an automatic suspension,
17without hearing, until such time as the individual submits to
18the examination. If the Medical Board finds a physician unable
19to practice following an examination and evaluation because of
20the reasons set forth in this Section, the Medical Board shall
21require such physician to submit to care, counseling, or
22treatment by physicians, or other health care professionals,
23approved or designated by the Medical Board, as a condition
24for issued, continued, reinstated, or renewed licensure to
25practice. Any physician, whose license was granted pursuant to
26Sections 9, 17, or 19 of this Act, or, continued, reinstated,

 

 

10200SB3799ham001- 54 -LRB102 24687 LNS 42448 a

1renewed, disciplined or supervised, subject to such terms,
2conditions, or restrictions who shall fail to comply with such
3terms, conditions, or restrictions, or to complete a required
4program of care, counseling, or treatment, as determined by
5the Chief Medical Coordinator or Deputy Medical Coordinators,
6shall be referred to the Secretary for a determination as to
7whether the licensee shall have his or her license suspended
8immediately, pending a hearing by the Medical Board. In
9instances in which the Secretary immediately suspends a
10license under this Section, a hearing upon such person's
11license must be convened by the Medical Board within 15 days
12after such suspension and completed without appreciable delay.
13The Medical Board shall have the authority to review the
14subject physician's record of treatment and counseling
15regarding the impairment, to the extent permitted by
16applicable federal statutes and regulations safeguarding the
17confidentiality of medical records.
18    An individual licensed under this Act, affected under this
19Section, shall be afforded an opportunity to demonstrate to
20the Medical Board that he or she can resume practice in
21compliance with acceptable and prevailing standards under the
22provisions of his or her license.
23    The Department may promulgate rules for the imposition of
24fines in disciplinary cases, not to exceed $10,000 for each
25violation of this Act. Fines may be imposed in conjunction
26with other forms of disciplinary action, but shall not be the

 

 

10200SB3799ham001- 55 -LRB102 24687 LNS 42448 a

1exclusive disposition of any disciplinary action arising out
2of conduct resulting in death or injury to a patient. Any funds
3collected from such fines shall be deposited in the Illinois
4State Medical Disciplinary Fund.
5    All fines imposed under this Section shall be paid within
660 days after the effective date of the order imposing the fine
7or in accordance with the terms set forth in the order imposing
8the fine.
9    (B) The Department shall revoke the license or permit
10issued under this Act to practice medicine or a chiropractic
11physician who has been convicted a second time of committing
12any felony under the Illinois Controlled Substances Act or the
13Methamphetamine Control and Community Protection Act, or who
14has been convicted a second time of committing a Class 1 felony
15under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
16person whose license or permit is revoked under this
17subsection B shall be prohibited from practicing medicine or
18treating human ailments without the use of drugs and without
19operative surgery.
20    (C) The Department shall not revoke, suspend, place on
21probation, reprimand, refuse to issue or renew, or take any
22other disciplinary or non-disciplinary action against the
23license or permit issued under this Act to practice medicine
24to a physician:
25        (1) based solely upon the recommendation of the
26    physician to an eligible patient regarding, or

 

 

10200SB3799ham001- 56 -LRB102 24687 LNS 42448 a

1    prescription for, or treatment with, an investigational
2    drug, biological product, or device; or
3        (2) for experimental treatment for Lyme disease or
4    other tick-borne diseases, including, but not limited to,
5    the prescription of or treatment with long-term
6    antibiotics;
7        (3) based solely upon the physician providing,
8    authorizing, recommending, aiding, assisting, referring
9    for, or otherwise participating in any health care
10    service, so long as the care was otherwise performed in
11    accordance with the laws of this State, regardless of
12    whether the patient was a resident of this State or
13    another state; or
14        (4) based upon the physician's license being revoked
15    or suspended, or the physician being otherwise disciplined
16    by any other state, if that revocation, suspension, or
17    other form of discipline was based solely on the physician
18    violating another state's laws prohibiting the provision
19    of, authorization of, recommendation of, aiding or
20    assisting in, referring for, or participation in any
21    health care service if that health care service as
22    provided would have been lawful and consistent with the
23    standards of conduct for the physician if it occurred in
24    Illinois.
25    (D) (Blank). The Medical Board shall recommend to the
26Department civil penalties and any other appropriate

 

 

10200SB3799ham001- 57 -LRB102 24687 LNS 42448 a

1discipline in disciplinary cases when the Medical Board finds
2that a physician willfully performed an abortion with actual
3knowledge that the person upon whom the abortion has been
4performed is a minor or an incompetent person without notice
5as required under the Parental Notice of Abortion Act of 1995.
6Upon the Medical Board's recommendation, the Department shall
7impose, for the first violation, a civil penalty of $1,000 and
8for a second or subsequent violation, a civil penalty of
9$5,000.
10    (D) The conduct specified in subsection (C) shall not
11trigger reporting requirements under Section 23, constitute
12grounds for suspension under Section 25, or be included on the
13physician's profile required under Section 10 of the Patients'
14Right to Know Act.
15    (E) An applicant seeking licensure, certification, or
16authorization pursuant to this Act who has been subject to
17disciplinary action by a duly authorized professional
18disciplinary agency of another jurisdiction solely on the
19basis of having provided, authorized, recommended, aided,
20assisted, referred for, or otherwise participated in health
21care shall not be denied such licensure, certification, or
22authorization, unless the Department determines that such
23action would have constituted professional misconduct in this
24State; provided however, that nothing in this Section shall be
25construed as prohibiting the Department from evaluating the
26conduct of such applicant and making a determination regarding

 

 

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1the licensure, certification, or authorization to practice a
2profession under this Act.
3    (F) The Department may adopt rules to implement the
4changes made by this amendatory Act of the 102nd General
5Assembly.
6(Source: P.A. 101-13, eff. 6-12-19; 101-81, eff. 7-12-19;
7101-363, eff. 8-9-19; 102-20, eff. 1-1-22; 102-558, eff.
88-20-21; 102-813, eff. 5-13-22.)
 
9    (225 ILCS 60/23)  (from Ch. 111, par. 4400-23)
10    (Section scheduled to be repealed on January 1, 2027)
11    Sec. 23. Reports relating to professional conduct and
12capacity.
13    (A) Entities required to report.
14        (1) Health care institutions. The chief administrator
15    or executive officer of any health care institution
16    licensed by the Illinois Department of Public Health shall
17    report to the Medical Board when any person's clinical
18    privileges are terminated or are restricted based on a
19    final determination made in accordance with that
20    institution's by-laws or rules and regulations that a
21    person has either committed an act or acts which may
22    directly threaten patient care or that a person may have a
23    mental or physical disability that may endanger patients
24    under that person's care. Such officer also shall report
25    if a person accepts voluntary termination or restriction

 

 

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1    of clinical privileges in lieu of formal action based upon
2    conduct related directly to patient care or in lieu of
3    formal action seeking to determine whether a person may
4    have a mental or physical disability that may endanger
5    patients under that person's care. The Medical Board
6    shall, by rule, provide for the reporting to it by health
7    care institutions of all instances in which a person,
8    licensed under this Act, who is impaired by reason of age,
9    drug or alcohol abuse or physical or mental impairment, is
10    under supervision and, where appropriate, is in a program
11    of rehabilitation. Such reports shall be strictly
12    confidential and may be reviewed and considered only by
13    the members of the Medical Board, or by authorized staff
14    as provided by rules of the Medical Board. Provisions
15    shall be made for the periodic report of the status of any
16    such person not less than twice annually in order that the
17    Medical Board shall have current information upon which to
18    determine the status of any such person. Such initial and
19    periodic reports of impaired physicians shall not be
20    considered records within the meaning of the State Records
21    Act and shall be disposed of, following a determination by
22    the Medical Board that such reports are no longer
23    required, in a manner and at such time as the Medical Board
24    shall determine by rule. The filing of such reports shall
25    be construed as the filing of a report for purposes of
26    subsection (C) of this Section. Such health care

 

 

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1    institution shall not take any adverse action, including,
2    but not limited to, restricting or terminating of any
3    person's clinical privileges, as a result of an adverse
4    action against the person's license or clinical privileges
5    or other disciplinary action by another state or health
6    care institution that resulted from the person's provision
7    of, authorization of, recommendation of, aiding or
8    assistance with, referral for, or participation in any
9    health care service if the adverse action was based solely
10    on a violation of the other state's law prohibiting the
11    provision of such health care and related services in the
12    state or for a resident of the state if that health care
13    service as provided would have been lawful and consistent
14    with the standards of conduct for physicians if it
15    occurred in Illinois.
16        (1.5) Clinical training programs. The program director
17    of any post-graduate clinical training program shall
18    report to the Medical Board if a person engaged in a
19    post-graduate clinical training program at the
20    institution, including, but not limited to, a residency or
21    fellowship, separates from the program for any reason
22    prior to its conclusion. The program director shall
23    provide all documentation relating to the separation if,
24    after review of the report, the Medical Board determines
25    that a review of those documents is necessary to determine
26    whether a violation of this Act occurred.

 

 

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1        (2) Professional associations. The President or chief
2    executive officer of any association or society, of
3    persons licensed under this Act, operating within this
4    State shall report to the Medical Board when the
5    association or society renders a final determination that
6    a person has committed unprofessional conduct related
7    directly to patient care or that a person may have a mental
8    or physical disability that may endanger patients under
9    that person's care.
10        (3) Professional liability insurers. Every insurance
11    company which offers policies of professional liability
12    insurance to persons licensed under this Act, or any other
13    entity which seeks to indemnify the professional liability
14    of a person licensed under this Act, shall report to the
15    Medical Board the settlement of any claim or cause of
16    action, or final judgment rendered in any cause of action,
17    which alleged negligence in the furnishing of medical care
18    by such licensed person when such settlement or final
19    judgment is in favor of the plaintiff. Such insurance
20    company shall not take any adverse action, including, but
21    not limited to, denial or revocation of coverage, or rate
22    increases, against a person licensed under this Act with
23    respect to coverage for services provided in Illinois if
24    based solely on the person providing, authorizing,
25    recommending, aiding, assisting, referring for, or
26    otherwise participating in health care services this State

 

 

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1    in violation of another state's law, or a revocation or
2    other adverse action against the person's license in
3    another state for violation of such law if that health
4    care service as provided would have been lawful and
5    consistent with the standards of conduct for physicians if
6    it occurred in Illinois. Notwithstanding this provision,
7    it is against public policy to require coverage for an
8    illegal action.
9        (4) State's Attorneys. The State's Attorney of each
10    county shall report to the Medical Board, within 5 days,
11    any instances in which a person licensed under this Act is
12    convicted of any felony or Class A misdemeanor. The
13    State's Attorney of each county may report to the Medical
14    Board through a verified complaint any instance in which
15    the State's Attorney believes that a physician has
16    willfully violated the notice requirements of the Parental
17    Notice of Abortion Act of 1995.
18        (5) State agencies. All agencies, boards, commissions,
19    departments, or other instrumentalities of the government
20    of the State of Illinois shall report to the Medical Board
21    any instance arising in connection with the operations of
22    such agency, including the administration of any law by
23    such agency, in which a person licensed under this Act has
24    either committed an act or acts which may be a violation of
25    this Act or which may constitute unprofessional conduct
26    related directly to patient care or which indicates that a

 

 

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1    person licensed under this Act may have a mental or
2    physical disability that may endanger patients under that
3    person's care.
4    (B) Mandatory reporting. All reports required by items
5(34), (35), and (36) of subsection (A) of Section 22 and by
6Section 23 shall be submitted to the Medical Board in a timely
7fashion. Unless otherwise provided in this Section, the
8reports shall be filed in writing within 60 days after a
9determination that a report is required under this Act. All
10reports shall contain the following information:
11        (1) The name, address and telephone number of the
12    person making the report.
13        (2) The name, address and telephone number of the
14    person who is the subject of the report.
15        (3) The name and date of birth of any patient or
16    patients whose treatment is a subject of the report, if
17    available, or other means of identification if such
18    information is not available, identification of the
19    hospital or other healthcare facility where the care at
20    issue in the report was rendered, provided, however, no
21    medical records may be revealed.
22        (4) A brief description of the facts which gave rise
23    to the issuance of the report, including the dates of any
24    occurrences deemed to necessitate the filing of the
25    report.
26        (5) If court action is involved, the identity of the

 

 

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1    court in which the action is filed, along with the docket
2    number and date of filing of the action.
3        (6) Any further pertinent information which the
4    reporting party deems to be an aid in the evaluation of the
5    report.
6    The Medical Board or Department may also exercise the
7power under Section 38 of this Act to subpoena copies of
8hospital or medical records in mandatory report cases alleging
9death or permanent bodily injury. Appropriate rules shall be
10adopted by the Department with the approval of the Medical
11Board.
12    When the Department has received written reports
13concerning incidents required to be reported in items (34),
14(35), and (36) of subsection (A) of Section 22, the licensee's
15failure to report the incident to the Department under those
16items shall not be the sole grounds for disciplinary action.
17    Nothing contained in this Section shall act to, in any
18way, waive or modify the confidentiality of medical reports
19and committee reports to the extent provided by law. Any
20information reported or disclosed shall be kept for the
21confidential use of the Medical Board, the Medical
22Coordinators, the Medical Board's attorneys, the medical
23investigative staff, and authorized clerical staff, as
24provided in this Act, and shall be afforded the same status as
25is provided information concerning medical studies in Part 21
26of Article VIII of the Code of Civil Procedure, except that the

 

 

10200SB3799ham001- 65 -LRB102 24687 LNS 42448 a

1Department may disclose information and documents to a
2federal, State, or local law enforcement agency pursuant to a
3subpoena in an ongoing criminal investigation or to a health
4care licensing body or medical licensing authority of this
5State or another state or jurisdiction pursuant to an official
6request made by that licensing body or medical licensing
7authority. Furthermore, information and documents disclosed to
8a federal, State, or local law enforcement agency may be used
9by that agency only for the investigation and prosecution of a
10criminal offense, or, in the case of disclosure to a health
11care licensing body or medical licensing authority, only for
12investigations and disciplinary action proceedings with regard
13to a license. Information and documents disclosed to the
14Department of Public Health may be used by that Department
15only for investigation and disciplinary action regarding the
16license of a health care institution licensed by the
17Department of Public Health.
18    (C) Immunity from prosecution. Any individual or
19organization acting in good faith, and not in a wilful and
20wanton manner, in complying with this Act by providing any
21report or other information to the Medical Board or a peer
22review committee, or assisting in the investigation or
23preparation of such information, or by voluntarily reporting
24to the Medical Board or a peer review committee information
25regarding alleged errors or negligence by a person licensed
26under this Act, or by participating in proceedings of the

 

 

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1Medical Board or a peer review committee, or by serving as a
2member of the Medical Board or a peer review committee, shall
3not, as a result of such actions, be subject to criminal
4prosecution or civil damages.
5    (D) Indemnification. Members of the Medical Board, the
6Medical Coordinators, the Medical Board's attorneys, the
7medical investigative staff, physicians retained under
8contract to assist and advise the medical coordinators in the
9investigation, and authorized clerical staff shall be
10indemnified by the State for any actions occurring within the
11scope of services on the Medical Board, done in good faith and
12not wilful and wanton in nature. The Attorney General shall
13defend all such actions unless he or she determines either
14that there would be a conflict of interest in such
15representation or that the actions complained of were not in
16good faith or were wilful and wanton.
17    Should the Attorney General decline representation, the
18member shall have the right to employ counsel of his or her
19choice, whose fees shall be provided by the State, after
20approval by the Attorney General, unless there is a
21determination by a court that the member's actions were not in
22good faith or were wilful and wanton.
23    The member must notify the Attorney General within 7 days
24of receipt of notice of the initiation of any action involving
25services of the Medical Board. Failure to so notify the
26Attorney General shall constitute an absolute waiver of the

 

 

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1right to a defense and indemnification.
2    The Attorney General shall determine within 7 days after
3receiving such notice, whether he or she will undertake to
4represent the member.
5    (E) Deliberations of Medical Board. Upon the receipt of
6any report called for by this Act, other than those reports of
7impaired persons licensed under this Act required pursuant to
8the rules of the Medical Board, the Medical Board shall notify
9in writing, by mail or email, the person who is the subject of
10the report. Such notification shall be made within 30 days of
11receipt by the Medical Board of the report.
12    The notification shall include a written notice setting
13forth the person's right to examine the report. Included in
14such notification shall be the address at which the file is
15maintained, the name of the custodian of the reports, and the
16telephone number at which the custodian may be reached. The
17person who is the subject of the report shall submit a written
18statement responding, clarifying, adding to, or proposing the
19amending of the report previously filed. The person who is the
20subject of the report shall also submit with the written
21statement any medical records related to the report. The
22statement and accompanying medical records shall become a
23permanent part of the file and must be received by the Medical
24Board no more than 30 days after the date on which the person
25was notified by the Medical Board of the existence of the
26original report.

 

 

10200SB3799ham001- 68 -LRB102 24687 LNS 42448 a

1    The Medical Board shall review all reports received by it,
2together with any supporting information and responding
3statements submitted by persons who are the subject of
4reports. The review by the Medical Board shall be in a timely
5manner but in no event, shall the Medical Board's initial
6review of the material contained in each disciplinary file be
7less than 61 days nor more than 180 days after the receipt of
8the initial report by the Medical Board.
9    When the Medical Board makes its initial review of the
10materials contained within its disciplinary files, the Medical
11Board shall, in writing, make a determination as to whether
12there are sufficient facts to warrant further investigation or
13action. Failure to make such determination within the time
14provided shall be deemed to be a determination that there are
15not sufficient facts to warrant further investigation or
16action.
17    Should the Medical Board find that there are not
18sufficient facts to warrant further investigation, or action,
19the report shall be accepted for filing and the matter shall be
20deemed closed and so reported to the Secretary. The Secretary
21shall then have 30 days to accept the Medical Board's decision
22or request further investigation. The Secretary shall inform
23the Medical Board of the decision to request further
24investigation, including the specific reasons for the
25decision. The individual or entity filing the original report
26or complaint and the person who is the subject of the report or

 

 

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1complaint shall be notified in writing by the Secretary of any
2final action on their report or complaint. The Department
3shall disclose to the individual or entity who filed the
4original report or complaint, on request, the status of the
5Medical Board's review of a specific report or complaint. Such
6request may be made at any time, including prior to the Medical
7Board's determination as to whether there are sufficient facts
8to warrant further investigation or action.
9    (F) Summary reports. The Medical Board shall prepare, on a
10timely basis, but in no event less than once every other month,
11a summary report of final disciplinary actions taken upon
12disciplinary files maintained by the Medical Board. The
13summary reports shall be made available to the public upon
14request and payment of the fees set by the Department. This
15publication may be made available to the public on the
16Department's website. Information or documentation relating to
17any disciplinary file that is closed without disciplinary
18action taken shall not be disclosed and shall be afforded the
19same status as is provided by Part 21 of Article VIII of the
20Code of Civil Procedure.
21    (G) Any violation of this Section shall be a Class A
22misdemeanor.
23    (H) If any such person violates the provisions of this
24Section an action may be brought in the name of the People of
25the State of Illinois, through the Attorney General of the
26State of Illinois, for an order enjoining such violation or

 

 

10200SB3799ham001- 70 -LRB102 24687 LNS 42448 a

1for an order enforcing compliance with this Section. Upon
2filing of a verified petition in such court, the court may
3issue a temporary restraining order without notice or bond and
4may preliminarily or permanently enjoin such violation, and if
5it is established that such person has violated or is
6violating the injunction, the court may punish the offender
7for contempt of court. Proceedings under this paragraph shall
8be in addition to, and not in lieu of, all other remedies and
9penalties provided for by this Section.
10    (I) The Department may adopt rules to implement the
11changes made by this amendatory Act of the 102nd General
12Assembly.
13(Source: P.A. 102-20, eff. 1-1-22; 102-687, eff. 12-17-21.)
 
14    Section 9-10. The Nurse Practice Act is amended by
15changing Sections 65-65 and 70-5 as follows:
 
16    (225 ILCS 65/65-65)   (was 225 ILCS 65/15-55)
17    (Section scheduled to be repealed on January 1, 2028)
18    Sec. 65-65. Reports relating to APRN professional conduct
19and capacity.
20    (a) Entities Required to Report.
21        (1) Health Care Institutions. The chief administrator
22    or executive officer of a health care institution licensed
23    by the Department of Public Health, which provides the
24    minimum due process set forth in Section 10.4 of the

 

 

10200SB3799ham001- 71 -LRB102 24687 LNS 42448 a

1    Hospital Licensing Act, shall report to the Board when an
2    advanced practice registered nurse's organized
3    professional staff clinical privileges are terminated or
4    are restricted based on a final determination, in
5    accordance with that institution's bylaws or rules and
6    regulations, that (i) a person has either committed an act
7    or acts that may directly threaten patient care and that
8    are not of an administrative nature or (ii) that a person
9    may have a mental or physical disability that may endanger
10    patients under that person's care. The chief administrator
11    or officer shall also report if an advanced practice
12    registered nurse accepts voluntary termination or
13    restriction of clinical privileges in lieu of formal
14    action based upon conduct related directly to patient care
15    and not of an administrative nature, or in lieu of formal
16    action seeking to determine whether a person may have a
17    mental or physical disability that may endanger patients
18    under that person's care. The Department shall provide by
19    rule for the reporting to it of all instances in which a
20    person licensed under this Article, who is impaired by
21    reason of age, drug, or alcohol abuse or physical or
22    mental impairment, is under supervision and, where
23    appropriate, is in a program of rehabilitation. Reports
24    submitted under this subsection shall be strictly
25    confidential and may be reviewed and considered only by
26    the members of the Board or authorized staff as provided

 

 

10200SB3799ham001- 72 -LRB102 24687 LNS 42448 a

1    by rule of the Department. Provisions shall be made for
2    the periodic report of the status of any such reported
3    person not less than twice annually in order that the
4    Board shall have current information upon which to
5    determine the status of that person. Initial and periodic
6    reports of impaired advanced practice registered nurses
7    shall not be considered records within the meaning of the
8    State Records Act and shall be disposed of, following a
9    determination by the Board that such reports are no longer
10    required, in a manner and at an appropriate time as the
11    Board shall determine by rule. The filing of reports
12    submitted under this subsection shall be construed as the
13    filing of a report for purposes of subsection (c) of this
14    Section.
15        (2) Professional Associations. The President or chief
16    executive officer of an association or society of persons
17    licensed under this Article, operating within this State,
18    shall report to the Board when the association or society
19    renders a final determination that a person licensed under
20    this Article has committed unprofessional conduct related
21    directly to patient care or that a person may have a mental
22    or physical disability that may endanger patients under
23    the person's care.
24        (3) Professional Liability Insurers. Every insurance
25    company that offers policies of professional liability
26    insurance to persons licensed under this Article, or any

 

 

10200SB3799ham001- 73 -LRB102 24687 LNS 42448 a

1    other entity that seeks to indemnify the professional
2    liability of a person licensed under this Article, shall
3    report to the Board the settlement of any claim or cause of
4    action, or final judgment rendered in any cause of action,
5    that alleged negligence in the furnishing of patient care
6    by the licensee when the settlement or final judgment is
7    in favor of the plaintiff. Such insurance company shall
8    not take any adverse action, including, but not limited
9    to, denial or revocation of coverage, or rate increases,
10    against a person licensed under this Act with respect to
11    coverage for services provided in Illinois if based solely
12    on the person providing, authorizing, recommending,
13    aiding, assisting, referring for, or otherwise
14    participating in health care services this State in
15    violation of another state's law, or a revocation or other
16    adverse action against the person's license in another
17    state for violation of such law if that health care
18    service as provided would have been lawful and consistent
19    with the standards of conduct for physicians if it
20    occurred in Illinois. Notwithstanding this provision, it
21    is against public policy to require coverage for an
22    illegal action.
23        (4) State's Attorneys. The State's Attorney of each
24    county shall report to the Board all instances in which a
25    person licensed under this Article is convicted or
26    otherwise found guilty of the commission of a felony.

 

 

10200SB3799ham001- 74 -LRB102 24687 LNS 42448 a

1        (5) State Agencies. All agencies, boards, commissions,
2    departments, or other instrumentalities of the government
3    of this State shall report to the Board any instance
4    arising in connection with the operations of the agency,
5    including the administration of any law by the agency, in
6    which a person licensed under this Article has either
7    committed an act or acts that may constitute a violation
8    of this Article, that may constitute unprofessional
9    conduct related directly to patient care, or that
10    indicates that a person licensed under this Article may
11    have a mental or physical disability that may endanger
12    patients under that person's care.
13    (b) Mandatory Reporting. All reports required under items
14(16) and (17) of subsection (a) of Section 70-5 shall be
15submitted to the Board in a timely fashion. The reports shall
16be filed in writing within 60 days after a determination that a
17report is required under this Article. All reports shall
18contain the following information:
19        (1) The name, address, and telephone number of the
20    person making the report.
21        (2) The name, address, and telephone number of the
22    person who is the subject of the report.
23        (3) The name or other means of identification of any
24    patient or patients whose treatment is a subject of the
25    report, except that no medical records may be revealed
26    without the written consent of the patient or patients.

 

 

10200SB3799ham001- 75 -LRB102 24687 LNS 42448 a

1        (4) A brief description of the facts that gave rise to
2    the issuance of the report, including, but not limited to,
3    the dates of any occurrences deemed to necessitate the
4    filing of the report.
5        (5) If court action is involved, the identity of the
6    court in which the action is filed, the docket number, and
7    date of filing of the action.
8        (6) Any further pertinent information that the
9    reporting party deems to be an aid in the evaluation of the
10    report.
11    Nothing contained in this Section shall be construed to in
12any way waive or modify the confidentiality of medical reports
13and committee reports to the extent provided by law. Any
14information reported or disclosed shall be kept for the
15confidential use of the Board, the Board's attorneys, the
16investigative staff, and authorized clerical staff and shall
17be afforded the same status as is provided information
18concerning medical studies in Part 21 of Article VIII of the
19Code of Civil Procedure.
20    (c) Immunity from Prosecution. An individual or
21organization acting in good faith, and not in a willful and
22wanton manner, in complying with this Section by providing a
23report or other information to the Board, by assisting in the
24investigation or preparation of a report or information, by
25participating in proceedings of the Board, or by serving as a
26member of the Board shall not, as a result of such actions, be

 

 

10200SB3799ham001- 76 -LRB102 24687 LNS 42448 a

1subject to criminal prosecution or civil damages.
2    (d) Indemnification. Members of the Board, the Board's
3attorneys, the investigative staff, advanced practice
4registered nurses or physicians retained under contract to
5assist and advise in the investigation, and authorized
6clerical staff shall be indemnified by the State for any
7actions (i) occurring within the scope of services on the
8Board, (ii) performed in good faith, and (iii) not willful and
9wanton in nature. The Attorney General shall defend all
10actions taken against those persons unless he or she
11determines either that there would be a conflict of interest
12in the representation or that the actions complained of were
13not performed in good faith or were willful and wanton in
14nature. If the Attorney General declines representation, the
15member shall have the right to employ counsel of his or her
16choice, whose fees shall be provided by the State, after
17approval by the Attorney General, unless there is a
18determination by a court that the member's actions were not
19performed in good faith or were willful and wanton in nature.
20The member shall notify the Attorney General within 7 days of
21receipt of notice of the initiation of an action involving
22services of the Board. Failure to so notify the Attorney
23General shall constitute an absolute waiver of the right to a
24defense and indemnification. The Attorney General shall
25determine within 7 days after receiving the notice whether he
26or she will undertake to represent the member.

 

 

10200SB3799ham001- 77 -LRB102 24687 LNS 42448 a

1    (e) Deliberations of Board. Upon the receipt of a report
2called for by this Section, other than those reports of
3impaired persons licensed under this Article required pursuant
4to the rules of the Board, the Board shall notify in writing by
5certified or registered mail or by email to the email address
6of record the person who is the subject of the report. The
7notification shall be made within 30 days of receipt by the
8Board of the report. The notification shall include a written
9notice setting forth the person's right to examine the report.
10Included in the notification shall be the address at which the
11file is maintained, the name of the custodian of the reports,
12and the telephone number at which the custodian may be
13reached. The person who is the subject of the report shall
14submit a written statement responding to, clarifying, adding
15to, or proposing to amend the report previously filed. The
16statement shall become a permanent part of the file and shall
17be received by the Board no more than 30 days after the date on
18which the person was notified of the existence of the original
19report. The Board shall review all reports received by it and
20any supporting information and responding statements submitted
21by persons who are the subject of reports. The review by the
22Board shall be in a timely manner but in no event shall the
23Board's initial review of the material contained in each
24disciplinary file be less than 61 days nor more than 180 days
25after the receipt of the initial report by the Board. When the
26Board makes its initial review of the materials contained

 

 

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1within its disciplinary files, the Board shall, in writing,
2make a determination as to whether there are sufficient facts
3to warrant further investigation or action. Failure to make
4that determination within the time provided shall be deemed to
5be a determination that there are not sufficient facts to
6warrant further investigation or action. Should the Board find
7that there are not sufficient facts to warrant further
8investigation or action, the report shall be accepted for
9filing and the matter shall be deemed closed and so reported.
10The individual or entity filing the original report or
11complaint and the person who is the subject of the report or
12complaint shall be notified in writing by the Board of any
13final action on their report or complaint.
14    (f) (Blank).
15    (g) Any violation of this Section shall constitute a Class
16A misdemeanor.
17    (h) If a person violates the provisions of this Section,
18an action may be brought in the name of the People of the State
19of Illinois, through the Attorney General of the State of
20Illinois, for an order enjoining the violation or for an order
21enforcing compliance with this Section. Upon filing of a
22petition in court, the court may issue a temporary restraining
23order without notice or bond and may preliminarily or
24permanently enjoin the violation, and if it is established
25that the person has violated or is violating the injunction,
26the court may punish the offender for contempt of court.

 

 

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1Proceedings under this subsection shall be in addition to, and
2not in lieu of, all other remedies and penalties provided for
3by this Section.
4    (i) The Department may adopt rules to implement the
5changes made by this amendatory Act of the 102nd General
6Assembly.
7(Source: P.A. 99-143, eff. 7-27-15; 100-513, eff. 1-1-18.)
 
8    (225 ILCS 65/70-5)   (was 225 ILCS 65/10-45)
9    (Section scheduled to be repealed on January 1, 2028)
10    Sec. 70-5. Grounds for disciplinary action.
11    (a) The Department may refuse to issue or to renew, or may
12revoke, suspend, place on probation, reprimand, or take other
13disciplinary or non-disciplinary action as the Department may
14deem appropriate, including fines not to exceed $10,000 per
15violation, with regard to a license for any one or combination
16of the causes set forth in subsection (b) below. All fines
17collected under this Section shall be deposited in the Nursing
18Dedicated and Professional Fund.
19    (b) Grounds for disciplinary action include the following:
20        (1) Material deception in furnishing information to
21    the Department.
22        (2) Material violations of any provision of this Act
23    or violation of the rules of or final administrative
24    action of the Secretary, after consideration of the
25    recommendation of the Board.

 

 

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1        (3) Conviction by plea of guilty or nolo contendere,
2    finding of guilt, jury verdict, or entry of judgment or by
3    sentencing of any crime, including, but not limited to,
4    convictions, preceding sentences of supervision,
5    conditional discharge, or first offender probation, under
6    the laws of any jurisdiction of the United States: (i)
7    that is a felony; or (ii) that is a misdemeanor, an
8    essential element of which is dishonesty, or that is
9    directly related to the practice of the profession.
10        (4) A pattern of practice or other behavior which
11    demonstrates incapacity or incompetency to practice under
12    this Act.
13        (5) Knowingly aiding or assisting another person in
14    violating any provision of this Act or rules.
15        (6) Failing, within 90 days, to provide a response to
16    a request for information in response to a written request
17    made by the Department by certified or registered mail or
18    by email to the email address of record.
19        (7) Engaging in dishonorable, unethical or
20    unprofessional conduct of a character likely to deceive,
21    defraud or harm the public, as defined by rule.
22        (8) Unlawful taking, theft, selling, distributing, or
23    manufacturing of any drug, narcotic, or prescription
24    device.
25        (9) Habitual or excessive use or addiction to alcohol,
26    narcotics, stimulants, or any other chemical agent or drug

 

 

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1    that could result in a licensee's inability to practice
2    with reasonable judgment, skill or safety.
3        (10) Discipline by another U.S. jurisdiction or
4    foreign nation, if at least one of the grounds for the
5    discipline is the same or substantially equivalent to
6    those set forth in this Section.
7        (11) A finding that the licensee, after having her or
8    his license placed on probationary status or subject to
9    conditions or restrictions, has violated the terms of
10    probation or failed to comply with such terms or
11    conditions.
12        (12) Being named as a perpetrator in an indicated
13    report by the Department of Children and Family Services
14    and under the Abused and Neglected Child Reporting Act,
15    and upon proof by clear and convincing evidence that the
16    licensee has caused a child to be an abused child or
17    neglected child as defined in the Abused and Neglected
18    Child Reporting Act.
19        (13) Willful omission to file or record, or willfully
20    impeding the filing or recording or inducing another
21    person to omit to file or record medical reports as
22    required by law.
23        (13.5) Willfully failing to report an instance of
24    suspected child abuse or neglect as required by the Abused
25    and Neglected Child Reporting Act.
26        (14) Gross negligence in the practice of practical,

 

 

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1    professional, or advanced practice registered nursing.
2        (15) Holding oneself out to be practicing nursing
3    under any name other than one's own.
4        (16) Failure of a licensee to report to the Department
5    any adverse final action taken against him or her by
6    another licensing jurisdiction of the United States or any
7    foreign state or country, any peer review body, any health
8    care institution, any professional or nursing society or
9    association, any governmental agency, any law enforcement
10    agency, or any court or a nursing liability claim related
11    to acts or conduct similar to acts or conduct that would
12    constitute grounds for action as defined in this Section.
13        (17) Failure of a licensee to report to the Department
14    surrender by the licensee of a license or authorization to
15    practice nursing or advanced practice registered nursing
16    in another state or jurisdiction or current surrender by
17    the licensee of membership on any nursing staff or in any
18    nursing or advanced practice registered nursing or
19    professional association or society while under
20    disciplinary investigation by any of those authorities or
21    bodies for acts or conduct similar to acts or conduct that
22    would constitute grounds for action as defined by this
23    Section.
24        (18) Failing, within 60 days, to provide information
25    in response to a written request made by the Department.
26        (19) Failure to establish and maintain records of

 

 

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1    patient care and treatment as required by law.
2        (20) Fraud, deceit or misrepresentation in applying
3    for or procuring a license under this Act or in connection
4    with applying for renewal of a license under this Act.
5        (21) Allowing another person or organization to use
6    the licensee's license to deceive the public.
7        (22) Willfully making or filing false records or
8    reports in the licensee's practice, including but not
9    limited to false records to support claims against the
10    medical assistance program of the Department of Healthcare
11    and Family Services (formerly Department of Public Aid)
12    under the Illinois Public Aid Code.
13        (23) Attempting to subvert or cheat on a licensing
14    examination administered under this Act.
15        (24) Immoral conduct in the commission of an act,
16    including, but not limited to, sexual abuse, sexual
17    misconduct, or sexual exploitation, related to the
18    licensee's practice.
19        (25) Willfully or negligently violating the
20    confidentiality between nurse and patient except as
21    required by law.
22        (26) Practicing under a false or assumed name, except
23    as provided by law.
24        (27) The use of any false, fraudulent, or deceptive
25    statement in any document connected with the licensee's
26    practice.

 

 

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1        (28) Directly or indirectly giving to or receiving
2    from a person, firm, corporation, partnership, or
3    association a fee, commission, rebate, or other form of
4    compensation for professional services not actually or
5    personally rendered. Nothing in this paragraph (28)
6    affects any bona fide independent contractor or employment
7    arrangements among health care professionals, health
8    facilities, health care providers, or other entities,
9    except as otherwise prohibited by law. Any employment
10    arrangements may include provisions for compensation,
11    health insurance, pension, or other employment benefits
12    for the provision of services within the scope of the
13    licensee's practice under this Act. Nothing in this
14    paragraph (28) shall be construed to require an employment
15    arrangement to receive professional fees for services
16    rendered.
17        (29) A violation of the Health Care Worker
18    Self-Referral Act.
19        (30) Physical illness, mental illness, or disability
20    that results in the inability to practice the profession
21    with reasonable judgment, skill, or safety.
22        (31) Exceeding the terms of a collaborative agreement
23    or the prescriptive authority delegated to a licensee by
24    his or her collaborating physician or podiatric physician
25    in guidelines established under a written collaborative
26    agreement.

 

 

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1        (32) Making a false or misleading statement regarding
2    a licensee's skill or the efficacy or value of the
3    medicine, treatment, or remedy prescribed by him or her in
4    the course of treatment.
5        (33) Prescribing, selling, administering,
6    distributing, giving, or self-administering a drug
7    classified as a controlled substance (designated product)
8    or narcotic for other than medically accepted therapeutic
9    purposes.
10        (34) Promotion of the sale of drugs, devices,
11    appliances, or goods provided for a patient in a manner to
12    exploit the patient for financial gain.
13        (35) Violating State or federal laws, rules, or
14    regulations relating to controlled substances.
15        (36) Willfully or negligently violating the
16    confidentiality between an advanced practice registered
17    nurse, collaborating physician, dentist, or podiatric
18    physician and a patient, except as required by law.
19        (37) Willfully failing to report an instance of
20    suspected abuse, neglect, financial exploitation, or
21    self-neglect of an eligible adult as defined in and
22    required by the Adult Protective Services Act.
23        (38) Being named as an abuser in a verified report by
24    the Department on Aging and under the Adult Protective
25    Services Act, and upon proof by clear and convincing
26    evidence that the licensee abused, neglected, or

 

 

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1    financially exploited an eligible adult as defined in the
2    Adult Protective Services Act.
3        (39) A violation of any provision of this Act or any
4    rules adopted under this Act.
5        (40) Violating the Compassionate Use of Medical
6    Cannabis Program Act.
7    (b-1) The Department shall not revoke, suspend, summarily
8suspend, place on prohibition, reprimand, refuse to issue or
9renew, or take any other disciplinary or non-disciplinary
10action against the license or permit issued under this Act to
11practice as a registered nurse or an advanced practice
12registered nurse based solely upon the registered nurse or
13advanced practice registered nurse providing, authorizing,
14recommending, aiding, assisting, referring for, or otherwise
15participating in any health care service, so long as the care
16was otherwise performed in accordance with the laws of this
17State, regardless of whether the patient was a resident of
18this State or another state.
19    (b-2) The Department shall not revoke, suspend, summarily
20suspend, place on prohibition, reprimand, refuse to issue or
21renew, or take any other disciplinary or non-disciplinary
22action against the license or permit issued under this Act to
23practice as a registered nurse or an advanced practice
24registered nurse based upon the registered nurse's or advanced
25practice registered nurse's license being revoked or
26suspended, or the registered nurse or advanced practice

 

 

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1registered nurse being otherwise disciplined by any other
2state, if that revocation, suspension, or other form of
3discipline was based solely on the registered nurse or
4advanced practice registered nurse violating another state's
5laws prohibiting the provision of, authorization of,
6recommendation of, aiding or assisting in, referring for, or
7participation in any health care service if that health care
8service as provided would have been lawful and consistent with
9the standards of conduct for the registered nurse or advanced
10practice registered nurse if it occurred in Illinois.
11    (b-3) The conduct specified in subsection (b-1) or (b-2)
12shall not trigger reporting requirements under Section 65-65
13or constitute grounds for suspension under Section 70-60.
14    (b-4) An applicant seeking licensure, certification, or
15authorization pursuant to this Act who has been subject to
16disciplinary action by a duly authorized professional
17disciplinary agency of another jurisdiction solely on the
18basis of having provided, authorized, recommended, aided,
19assisted, referred for, or otherwise participated in health
20care shall not be denied such licensure, certification, or
21authorization, unless the Department determines that such
22action would have constituted professional misconduct in this
23State; provided however, that nothing in this Section shall be
24construed as prohibiting the Department from evaluating the
25conduct of such applicant and making a determination regarding
26the licensure, certification, or authorization to practice a

 

 

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1profession under this Act.
2    (c) The determination by a circuit court that a licensee
3is subject to involuntary admission or judicial admission as
4provided in the Mental Health and Developmental Disabilities
5Code, as amended, operates as an automatic suspension. The
6suspension will end only upon a finding by a court that the
7patient is no longer subject to involuntary admission or
8judicial admission and issues an order so finding and
9discharging the patient; and upon the recommendation of the
10Board to the Secretary that the licensee be allowed to resume
11his or her practice.
12    (d) The Department may refuse to issue or may suspend or
13otherwise discipline the license of any person who fails to
14file a return, or to pay the tax, penalty or interest shown in
15a filed return, or to pay any final assessment of the tax,
16penalty, or interest as required by any tax Act administered
17by the Department of Revenue, until such time as the
18requirements of any such tax Act are satisfied.
19    (e) In enforcing this Act, the Department, upon a showing
20of a possible violation, may compel an individual licensed to
21practice under this Act or who has applied for licensure under
22this Act, to submit to a mental or physical examination, or
23both, as required by and at the expense of the Department. The
24Department may order the examining physician to present
25testimony concerning the mental or physical examination of the
26licensee or applicant. No information shall be excluded by

 

 

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1reason of any common law or statutory privilege relating to
2communications between the licensee or applicant and the
3examining physician. The examining physicians shall be
4specifically designated by the Department. The individual to
5be examined may have, at his or her own expense, another
6physician of his or her choice present during all aspects of
7this examination. Failure of an individual to submit to a
8mental or physical examination, when directed, shall result in
9an automatic suspension without hearing.
10    All substance-related violations shall mandate an
11automatic substance abuse assessment. Failure to submit to an
12assessment by a licensed physician who is certified as an
13addictionist or an advanced practice registered nurse with
14specialty certification in addictions may be grounds for an
15automatic suspension, as defined by rule.
16    If the Department finds an individual unable to practice
17or unfit for duty because of the reasons set forth in this
18subsection (e), the Department may require that individual to
19submit to a substance abuse evaluation or treatment by
20individuals or programs approved or designated by the
21Department, as a condition, term, or restriction for
22continued, restored, or renewed licensure to practice; or, in
23lieu of evaluation or treatment, the Department may file, or
24the Board may recommend to the Department to file, a complaint
25to immediately suspend, revoke, or otherwise discipline the
26license of the individual. An individual whose license was

 

 

10200SB3799ham001- 90 -LRB102 24687 LNS 42448 a

1granted, continued, restored, renewed, disciplined or
2supervised subject to such terms, conditions, or restrictions,
3and who fails to comply with such terms, conditions, or
4restrictions, shall be referred to the Secretary for a
5determination as to whether the individual shall have his or
6her license suspended immediately, pending a hearing by the
7Department.
8    In instances in which the Secretary immediately suspends a
9person's license under this subsection (e), a hearing on that
10person's license must be convened by the Department within 15
11days after the suspension and completed without appreciable
12delay. The Department and Board shall have the authority to
13review the subject individual's record of treatment and
14counseling regarding the impairment to the extent permitted by
15applicable federal statutes and regulations safeguarding the
16confidentiality of medical records.
17    An individual licensed under this Act and affected under
18this subsection (e) shall be afforded an opportunity to
19demonstrate to the Department that he or she can resume
20practice in compliance with nursing standards under the
21provisions of his or her license.
22    (f) The Department may adopt rules to implement the
23changes made by this amendatory Act of the 102nd General
24Assembly.
25(Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21.)
 

 

 

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1    Section 9-15. The Physician Assistant Practice Act of 1987
2is amended by changing Section 21 as follows:
 
3    (225 ILCS 95/21)  (from Ch. 111, par. 4621)
4    (Section scheduled to be repealed on January 1, 2028)
5    Sec. 21. Grounds for disciplinary action.
6    (a) The Department may refuse to issue or to renew, or may
7revoke, suspend, place on probation, reprimand, or take other
8disciplinary or non-disciplinary action with regard to any
9license issued under this Act as the Department may deem
10proper, including the issuance of fines not to exceed $10,000
11for each violation, for any one or combination of the
12following causes:
13        (1) Material misstatement in furnishing information to
14    the Department.
15        (2) Violations of this Act, or the rules adopted under
16    this Act.
17        (3) Conviction by plea of guilty or nolo contendere,
18    finding of guilt, jury verdict, or entry of judgment or
19    sentencing, including, but not limited to, convictions,
20    preceding sentences of supervision, conditional discharge,
21    or first offender probation, under the laws of any
22    jurisdiction of the United States that is: (i) a felony;
23    or (ii) a misdemeanor, an essential element of which is
24    dishonesty, or that is directly related to the practice of
25    the profession.

 

 

10200SB3799ham001- 92 -LRB102 24687 LNS 42448 a

1        (4) Making any misrepresentation for the purpose of
2    obtaining licenses.
3        (5) Professional incompetence.
4        (6) Aiding or assisting another person in violating
5    any provision of this Act or its rules.
6        (7) Failing, within 60 days, to provide information in
7    response to a written request made by the Department.
8        (8) Engaging in dishonorable, unethical, or
9    unprofessional conduct, as defined by rule, of a character
10    likely to deceive, defraud, or harm the public.
11        (9) Habitual or excessive use or addiction to alcohol,
12    narcotics, stimulants, or any other chemical agent or drug
13    that results in a physician assistant's inability to
14    practice with reasonable judgment, skill, or safety.
15        (10) Discipline by another U.S. jurisdiction or
16    foreign nation, if at least one of the grounds for
17    discipline is the same or substantially equivalent to
18    those set forth in this Section.
19        (11) Directly or indirectly giving to or receiving
20    from any person, firm, corporation, partnership, or
21    association any fee, commission, rebate or other form of
22    compensation for any professional services not actually or
23    personally rendered. Nothing in this paragraph (11)
24    affects any bona fide independent contractor or employment
25    arrangements, which may include provisions for
26    compensation, health insurance, pension, or other

 

 

10200SB3799ham001- 93 -LRB102 24687 LNS 42448 a

1    employment benefits, with persons or entities authorized
2    under this Act for the provision of services within the
3    scope of the licensee's practice under this Act.
4        (12) A finding by the Disciplinary Board that the
5    licensee, after having his or her license placed on
6    probationary status, has violated the terms of probation.
7        (13) Abandonment of a patient.
8        (14) Willfully making or filing false records or
9    reports in his or her practice, including but not limited
10    to false records filed with State state agencies or
11    departments.
12        (15) Willfully failing to report an instance of
13    suspected child abuse or neglect as required by the Abused
14    and Neglected Child Reporting Act.
15        (16) Physical illness, or mental illness or impairment
16    that results in the inability to practice the profession
17    with reasonable judgment, skill, or safety, including, but
18    not limited to, deterioration through the aging process or
19    loss of motor skill.
20        (17) Being named as a perpetrator in an indicated
21    report by the Department of Children and Family Services
22    under the Abused and Neglected Child Reporting Act, and
23    upon proof by clear and convincing evidence that the
24    licensee has caused a child to be an abused child or
25    neglected child as defined in the Abused and Neglected
26    Child Reporting Act.

 

 

10200SB3799ham001- 94 -LRB102 24687 LNS 42448 a

1        (18) (Blank).
2        (19) Gross negligence resulting in permanent injury or
3    death of a patient.
4        (20) Employment of fraud, deception or any unlawful
5    means in applying for or securing a license as a physician
6    assistant.
7        (21) Exceeding the authority delegated to him or her
8    by his or her collaborating physician in a written
9    collaborative agreement.
10        (22) Immoral conduct in the commission of any act,
11    such as sexual abuse, sexual misconduct, or sexual
12    exploitation related to the licensee's practice.
13        (23) Violation of the Health Care Worker Self-Referral
14    Act.
15        (24) Practicing under a false or assumed name, except
16    as provided by law.
17        (25) Making a false or misleading statement regarding
18    his or her skill or the efficacy or value of the medicine,
19    treatment, or remedy prescribed by him or her in the
20    course of treatment.
21        (26) Allowing another person to use his or her license
22    to practice.
23        (27) Prescribing, selling, administering,
24    distributing, giving, or self-administering a drug
25    classified as a controlled substance for other than
26    medically accepted therapeutic purposes.

 

 

10200SB3799ham001- 95 -LRB102 24687 LNS 42448 a

1        (28) Promotion of the sale of drugs, devices,
2    appliances, or goods provided for a patient in a manner to
3    exploit the patient for financial gain.
4        (29) A pattern of practice or other behavior that
5    demonstrates incapacity or incompetence to practice under
6    this Act.
7        (30) Violating State or federal laws or regulations
8    relating to controlled substances or other legend drugs or
9    ephedra as defined in the Ephedra Prohibition Act.
10        (31) Exceeding the prescriptive authority delegated by
11    the collaborating physician or violating the written
12    collaborative agreement delegating that authority.
13        (32) Practicing without providing to the Department a
14    notice of collaboration or delegation of prescriptive
15    authority.
16        (33) Failure to establish and maintain records of
17    patient care and treatment as required by law.
18        (34) Attempting to subvert or cheat on the examination
19    of the National Commission on Certification of Physician
20    Assistants or its successor agency.
21        (35) Willfully or negligently violating the
22    confidentiality between physician assistant and patient,
23    except as required by law.
24        (36) Willfully failing to report an instance of
25    suspected abuse, neglect, financial exploitation, or
26    self-neglect of an eligible adult as defined in and

 

 

10200SB3799ham001- 96 -LRB102 24687 LNS 42448 a

1    required by the Adult Protective Services Act.
2        (37) Being named as an abuser in a verified report by
3    the Department on Aging under the Adult Protective
4    Services Act and upon proof by clear and convincing
5    evidence that the licensee abused, neglected, or
6    financially exploited an eligible adult as defined in the
7    Adult Protective Services Act.
8        (38) Failure to report to the Department an adverse
9    final action taken against him or her by another licensing
10    jurisdiction of the United States or a foreign state or
11    country, a peer review body, a health care institution, a
12    professional society or association, a governmental
13    agency, a law enforcement agency, or a court acts or
14    conduct similar to acts or conduct that would constitute
15    grounds for action under this Section.
16        (39) Failure to provide copies of records of patient
17    care or treatment, except as required by law.
18        (40) Entering into an excessive number of written
19    collaborative agreements with licensed physicians
20    resulting in an inability to adequately collaborate.
21        (41) Repeated failure to adequately collaborate with a
22    collaborating physician.
23        (42) Violating the Compassionate Use of Medical
24    Cannabis Program Act.
25    (b) The Department may, without a hearing, refuse to issue
26or renew or may suspend the license of any person who fails to

 

 

10200SB3799ham001- 97 -LRB102 24687 LNS 42448 a

1file a return, or to pay the tax, penalty or interest shown in
2a filed return, or to pay any final assessment of the tax,
3penalty, or interest as required by any tax Act administered
4by the Illinois Department of Revenue, until such time as the
5requirements of any such tax Act are satisfied.
6    (b-1) The Department shall not revoke, suspend, summarily
7suspend, place on prohibition, reprimand, refuse to issue or
8renew, or take any other disciplinary or non-disciplinary
9action against the license or permit issued under this Act to
10practice as a physician assistant based solely upon the
11physician assistant providing, authorizing, recommending,
12aiding, assisting, referring for, or otherwise participating
13in any health care service, so long as the care was otherwise
14performed in accordance with the laws of this State,
15regardless of whether the patient was a resident of this State
16or another state.
17    (b-2) The Department shall not revoke, suspend, summarily
18suspend, place on prohibition, reprimand, refuse to issue or
19renew, or take any other disciplinary or non-disciplinary
20action against the license or permit issued under this Act to
21practice as a physician assistant based upon the physician
22assistant's license being revoked or suspended, or the
23physician assistant being otherwise disciplined by any other
24state, if that revocation, suspension, or other form of
25discipline was based solely on the physician assistant
26violating another state's laws prohibiting the provision of,

 

 

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1authorization of, recommendation of, aiding or assisting in,
2referring for, or participation in any health care service if
3that health care service as provided would have been lawful
4and consistent with the standards of conduct for the physician
5assistant if it occurred in Illinois.
6    (b-3) The conduct specified in subsection (b-1) or (b-2)
7shall not constitute grounds for suspension under Section
822.13.
9    (b-4) An applicant seeking licensure, certification, or
10authorization pursuant to this Act who has been subject to
11disciplinary action by a duly authorized professional
12disciplinary agency of another jurisdiction solely on the
13basis of having provided, authorized, recommended, aided,
14assisted, referred for, or otherwise participated in health
15care shall not be denied such licensure, certification, or
16authorization, unless the Department determines that such
17action would have constituted professional misconduct in this
18State; provided however, that nothing in this Section shall be
19construed as prohibiting the Department from evaluating the
20conduct of such applicant and making a determination regarding
21the licensure, certification, or authorization to practice a
22profession under this Act.
23    (c) The determination by a circuit court that a licensee
24is subject to involuntary admission or judicial admission as
25provided in the Mental Health and Developmental Disabilities
26Code operates as an automatic suspension. The suspension will

 

 

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1end only upon a finding by a court that the patient is no
2longer subject to involuntary admission or judicial admission
3and issues an order so finding and discharging the patient,
4and upon the recommendation of the Disciplinary Board to the
5Secretary that the licensee be allowed to resume his or her
6practice.
7    (d) In enforcing this Section, the Department upon a
8showing of a possible violation may compel an individual
9licensed to practice under this Act, or who has applied for
10licensure under this Act, to submit to a mental or physical
11examination, or both, which may include a substance abuse or
12sexual offender evaluation, as required by and at the expense
13of the Department.
14    The Department shall specifically designate the examining
15physician licensed to practice medicine in all of its branches
16or, if applicable, the multidisciplinary team involved in
17providing the mental or physical examination or both. The
18multidisciplinary team shall be led by a physician licensed to
19practice medicine in all of its branches and may consist of one
20or more or a combination of physicians licensed to practice
21medicine in all of its branches, licensed clinical
22psychologists, licensed clinical social workers, licensed
23clinical professional counselors, and other professional and
24administrative staff. Any examining physician or member of the
25multidisciplinary team may require any person ordered to
26submit to an examination pursuant to this Section to submit to

 

 

10200SB3799ham001- 100 -LRB102 24687 LNS 42448 a

1any additional supplemental testing deemed necessary to
2complete any examination or evaluation process, including, but
3not limited to, blood testing, urinalysis, psychological
4testing, or neuropsychological testing.
5    The Department may order the examining physician or any
6member of the multidisciplinary team to provide to the
7Department any and all records, including business records,
8that relate to the examination and evaluation, including any
9supplemental testing performed.
10    The Department may order the examining physician or any
11member of the multidisciplinary team to present testimony
12concerning the mental or physical examination of the licensee
13or applicant. No information, report, record, or other
14documents in any way related to the examination shall be
15excluded by reason of any common law or statutory privilege
16relating to communications between the licensee or applicant
17and the examining physician or any member of the
18multidisciplinary team. No authorization is necessary from the
19licensee or applicant ordered to undergo an examination for
20the examining physician or any member of the multidisciplinary
21team to provide information, reports, records, or other
22documents or to provide any testimony regarding the
23examination and evaluation.
24    The individual to be examined may have, at his or her own
25expense, another physician of his or her choice present during
26all aspects of this examination. However, that physician shall

 

 

10200SB3799ham001- 101 -LRB102 24687 LNS 42448 a

1be present only to observe and may not interfere in any way
2with the examination.
3     Failure of an individual to submit to a mental or physical
4examination, when ordered, shall result in an automatic
5suspension of his or her license until the individual submits
6to the examination.
7    If the Department finds an individual unable to practice
8because of the reasons set forth in this Section, the
9Department may require that individual to submit to care,
10counseling, or treatment by physicians approved or designated
11by the Department, as a condition, term, or restriction for
12continued, reinstated, or renewed licensure to practice; or,
13in lieu of care, counseling, or treatment, the Department may
14file a complaint to immediately suspend, revoke, or otherwise
15discipline the license of the individual. An individual whose
16license was granted, continued, reinstated, renewed,
17disciplined, or supervised subject to such terms, conditions,
18or restrictions, and who fails to comply with such terms,
19conditions, or restrictions, shall be referred to the
20Secretary for a determination as to whether the individual
21shall have his or her license suspended immediately, pending a
22hearing by the Department.
23    In instances in which the Secretary immediately suspends a
24person's license under this Section, a hearing on that
25person's license must be convened by the Department within 30
26days after the suspension and completed without appreciable

 

 

10200SB3799ham001- 102 -LRB102 24687 LNS 42448 a

1delay. The Department shall have the authority to review the
2subject individual's record of treatment and counseling
3regarding the impairment to the extent permitted by applicable
4federal statutes and regulations safeguarding the
5confidentiality of medical records.
6    An individual licensed under this Act and affected under
7this Section shall be afforded an opportunity to demonstrate
8to the Department that he or she can resume practice in
9compliance with acceptable and prevailing standards under the
10provisions of his or her license.
11    (e) An individual or organization acting in good faith,
12and not in a willful and wanton manner, in complying with this
13Section by providing a report or other information to the
14Board, by assisting in the investigation or preparation of a
15report or information, by participating in proceedings of the
16Board, or by serving as a member of the Board, shall not be
17subject to criminal prosecution or civil damages as a result
18of such actions.
19    (f) Members of the Board and the Disciplinary Board shall
20be indemnified by the State for any actions occurring within
21the scope of services on the Disciplinary Board or Board, done
22in good faith and not willful and wanton in nature. The
23Attorney General shall defend all such actions unless he or
24she determines either that there would be a conflict of
25interest in such representation or that the actions complained
26of were not in good faith or were willful and wanton.

 

 

10200SB3799ham001- 103 -LRB102 24687 LNS 42448 a

1    If the Attorney General declines representation, the
2member has the right to employ counsel of his or her choice,
3whose fees shall be provided by the State, after approval by
4the Attorney General, unless there is a determination by a
5court that the member's actions were not in good faith or were
6willful and wanton.
7    The member must notify the Attorney General within 7 days
8after receipt of notice of the initiation of any action
9involving services of the Disciplinary Board. Failure to so
10notify the Attorney General constitutes an absolute waiver of
11the right to a defense and indemnification.
12    The Attorney General shall determine, within 7 days after
13receiving such notice, whether he or she will undertake to
14represent the member.
15    (g) The Department may adopt rules to implement the
16changes made by this amendatory Act of the 102nd General
17Assembly.
18(Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21.)
 
19    Section 9-20. The Clinical Social Work and Social Work
20Practice Act is amended by changing Section 19 as follows:
 
21    (225 ILCS 20/19)  (from Ch. 111, par. 6369)
22    (Section scheduled to be repealed on January 1, 2028)
23    Sec. 19. Grounds for disciplinary action.
24    (1) The Department may refuse to issue or renew a license,

 

 

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1or may suspend, revoke, place on probation, reprimand, or take
2any other disciplinary or non-disciplinary action deemed
3appropriate by the Department, including the imposition of
4fines not to exceed $10,000 for each violation, with regard to
5any license issued under the provisions of this Act for any one
6or a combination of the following grounds:
7        (a) material misstatements in furnishing information
8    to the Department or to any other State agency or in
9    furnishing information to any insurance company with
10    respect to a claim on behalf of a licensee or a patient;
11        (b) violations or negligent or intentional disregard
12    of this Act, or any of the rules promulgated hereunder;
13        (c) conviction of or entry of a plea of guilty or nolo
14    contendere, finding of guilt, jury verdict, or entry of
15    judgment or sentencing, including, but not limited to,
16    convictions, preceding sentences of supervision,
17    conditional discharge, or first offender probation, under
18    the laws of any jurisdiction of the United States that is
19    (i) a felony or (ii) a misdemeanor, an essential element
20    of which is dishonesty, or that is directly related to the
21    practice of the clinical social work or social work
22    professions;
23        (d) fraud or misrepresentation in applying for or
24    procuring a license under this Act or in connection with
25    applying for renewal or restoration of a license under
26    this Act;

 

 

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1        (e) professional incompetence;
2        (f) gross negligence in practice under this Act;
3        (g) aiding or assisting another person in violating
4    any provision of this Act or its rules;
5        (h) failing to provide information within 60 days in
6    response to a written request made by the Department;
7        (i) engaging in dishonorable, unethical or
8    unprofessional conduct of a character likely to deceive,
9    defraud or harm the public as defined by the rules of the
10    Department, or violating the rules of professional conduct
11    adopted by the Department;
12        (j) habitual or excessive use or abuse of drugs
13    defined in law as controlled substances, of alcohol, or of
14    any other substances that results in the inability to
15    practice with reasonable judgment, skill, or safety;
16        (k) adverse action taken by another state or
17    jurisdiction, if at least one of the grounds for the
18    discipline is the same or substantially equivalent to
19    those set forth in this Section;
20        (l) directly or indirectly giving to or receiving from
21    any person, firm, corporation, partnership, or association
22    any fee, commission, rebate or other form of compensation
23    for any professional service not actually rendered.
24    Nothing in this paragraph (l) affects any bona fide
25    independent contractor or employment arrangements among
26    health care professionals, health facilities, health care

 

 

10200SB3799ham001- 106 -LRB102 24687 LNS 42448 a

1    providers, or other entities, except as otherwise
2    prohibited by law. Any employment arrangements may include
3    provisions for compensation, health insurance, pension, or
4    other employment benefits for the provision of services
5    within the scope of the licensee's practice under this
6    Act. Nothing in this paragraph (l) shall be construed to
7    require an employment arrangement to receive professional
8    fees for services rendered;
9        (m) a finding by the Department that the licensee,
10    after having the license placed on probationary status,
11    has violated the terms of probation or failed to comply
12    with such terms;
13        (n) abandonment, without cause, of a client;
14        (o) willfully making or filing false records or
15    reports relating to a licensee's practice, including, but
16    not limited to, false records filed with Federal or State
17    agencies or departments;
18        (p) willfully failing to report an instance of
19    suspected child abuse or neglect as required by the Abused
20    and Neglected Child Reporting Act;
21        (q) being named as a perpetrator in an indicated
22    report by the Department of Children and Family Services
23    under the Abused and Neglected Child Reporting Act, and
24    upon proof by clear and convincing evidence that the
25    licensee has caused a child to be an abused child or
26    neglected child as defined in the Abused and Neglected

 

 

10200SB3799ham001- 107 -LRB102 24687 LNS 42448 a

1    Child Reporting Act;
2        (r) physical illness, mental illness, or any other
3    impairment or disability, including, but not limited to,
4    deterioration through the aging process, or loss of motor
5    skills that results in the inability to practice the
6    profession with reasonable judgment, skill or safety;
7        (s) solicitation of professional services by using
8    false or misleading advertising;
9        (t) violation of the Health Care Worker Self-Referral
10    Act;
11        (u) willfully failing to report an instance of
12    suspected abuse, neglect, financial exploitation, or
13    self-neglect of an eligible adult as defined in and
14    required by the Adult Protective Services Act; or
15        (v) being named as an abuser in a verified report by
16    the Department on Aging under the Adult Protective
17    Services Act, and upon proof by clear and convincing
18    evidence that the licensee abused, neglected, or
19    financially exploited an eligible adult as defined in the
20    Adult Protective Services Act.
21    (2) (Blank).
22    (2.1) The Department shall not revoke, suspend, summarily
23suspend, place on prohibition, reprimand, refuse to issue or
24renew, or take any other disciplinary or non-disciplinary
25action against a license or permit issued under this Act based
26solely upon the licensed clinical social worker authorizing,

 

 

10200SB3799ham001- 108 -LRB102 24687 LNS 42448 a

1recommending, aiding, assisting, referring for, or otherwise
2participating in any health care service, so long as the care
3was otherwise performed in accordance with the laws of this
4State, regardless of whether the patient was a resident of
5this State or another state.
6    (2.2) The Department shall not revoke, suspend, summarily
7suspend, place on prohibition, reprimand, refuse to issue or
8renew, or take any other disciplinary or non-disciplinary
9action against the license or permit issued under this Act to
10practice as a licensed clinical social worker based upon the
11licensed clinical social worker's license being revoked or
12suspended, or the licensed clinical social worker being
13otherwise disciplined by any other state, if that revocation,
14suspension, or other form of discipline was based solely on
15the licensed clinical social worker violating another state's
16laws prohibiting the provision of, authorization of,
17recommendation of, aiding or assisting in, referring for, or
18participation in any health care service if that health care
19service as provided would have been lawful and consistent with
20the standards of conduct for the licensed clinical social
21worker if it occurred in Illinois.
22    (2.3) The conduct specified in subsection (2.1) or (2.2)
23shall not constitute grounds for suspension under Section 32.
24    (2.4) An applicant seeking licensure, certification, or
25authorization pursuant to this Act who has been subject to
26disciplinary action by a duly authorized professional

 

 

10200SB3799ham001- 109 -LRB102 24687 LNS 42448 a

1disciplinary agency of another jurisdiction solely on the
2basis of having authorized, recommended, aided, assisted,
3referred for, or otherwise participated in health care shall
4not be denied such licensure, certification, or authorization,
5unless the Department determines that such action would have
6constituted professional misconduct in this State; provided
7however, that nothing in this Section shall be construed as
8prohibiting the Department from evaluating the conduct of such
9applicant and making a determination regarding the licensure,
10certification, or authorization to practice a profession under
11this Act.
12    (3) The determination by a court that a licensee is
13subject to involuntary admission or judicial admission as
14provided in the Mental Health and Developmental Disabilities
15Code, will result in an automatic suspension of his license.
16Such suspension will end upon a finding by a court that the
17licensee is no longer subject to involuntary admission or
18judicial admission and issues an order so finding and
19discharging the patient, and upon the recommendation of the
20Board to the Secretary that the licensee be allowed to resume
21professional practice.
22    (4) The Department shall refuse to issue or renew or may
23suspend the license of a person who (i) fails to file a return,
24pay the tax, penalty, or interest shown in a filed return, or
25pay any final assessment of tax, penalty, or interest, as
26required by any tax Act administered by the Department of

 

 

10200SB3799ham001- 110 -LRB102 24687 LNS 42448 a

1Revenue, until the requirements of the tax Act are satisfied
2or (ii) has failed to pay any court-ordered child support as
3determined by a court order or by referral from the Department
4of Healthcare and Family Services.
5    (5)(a) In enforcing this Section, the Department or Board,
6upon a showing of a possible violation, may compel a person
7licensed to practice under this Act, or who has applied for
8licensure under this Act, to submit to a mental or physical
9examination, or both, which may include a substance abuse or
10sexual offender evaluation, as required by and at the expense
11of the Department.
12    (b) The Department shall specifically designate the
13examining physician licensed to practice medicine in all of
14its branches or, if applicable, the multidisciplinary team
15involved in providing the mental or physical examination or
16both. The multidisciplinary team shall be led by a physician
17licensed to practice medicine in all of its branches and may
18consist of one or more or a combination of physicians licensed
19to practice medicine in all of its branches, licensed clinical
20psychologists, licensed clinical social workers, licensed
21clinical professional counselors, and other professional and
22administrative staff. Any examining physician or member of the
23multidisciplinary team may require any person ordered to
24submit to an examination pursuant to this Section to submit to
25any additional supplemental testing deemed necessary to
26complete any examination or evaluation process, including, but

 

 

10200SB3799ham001- 111 -LRB102 24687 LNS 42448 a

1not limited to, blood testing, urinalysis, psychological
2testing, or neuropsychological testing.
3    (c) The Board or the Department may order the examining
4physician or any member of the multidisciplinary team to
5present testimony concerning this mental or physical
6examination of the licensee or applicant. No information,
7report, record, or other documents in any way related to the
8examination shall be excluded by reason of any common law or
9statutory privilege relating to communications between the
10licensee or applicant and the examining physician or any
11member of the multidisciplinary team. No authorization is
12necessary from the licensee or applicant ordered to undergo an
13examination for the examining physician or any member of the
14multidisciplinary team to provide information, reports,
15records, or other documents or to provide any testimony
16regarding the examination and evaluation.
17    (d) The person to be examined may have, at his or her own
18expense, another physician of his or her choice present during
19all aspects of the examination. However, that physician shall
20be present only to observe and may not interfere in any way
21with the examination.
22    (e) Failure of any person to submit to a mental or physical
23examination without reasonable cause, when ordered, shall
24result in an automatic suspension of his or her license until
25the person submits to the examination.
26    (f) If the Department or Board finds a person unable to

 

 

10200SB3799ham001- 112 -LRB102 24687 LNS 42448 a

1practice because of the reasons set forth in this Section, the
2Department or Board may require that person to submit to care,
3counseling, or treatment by physicians approved or designated
4by the Department or Board, as a condition, term, or
5restriction for continued, reinstated, or renewed licensure to
6practice; or, in lieu of care, counseling or treatment, the
7Department may file, or the Board may recommend to the
8Department to file, a complaint to immediately suspend,
9revoke, or otherwise discipline the license of the person. Any
10person whose license was granted, continued, reinstated,
11renewed, disciplined or supervised subject to such terms,
12conditions or restrictions, and who fails to comply with such
13terms, conditions, or restrictions, shall be referred to the
14Secretary for a determination as to whether the person shall
15have his or her license suspended immediately, pending a
16hearing by the Department.
17    (g) All fines imposed shall be paid within 60 days after
18the effective date of the order imposing the fine or in
19accordance with the terms set forth in the order imposing the
20fine.
21    In instances in which the Secretary immediately suspends a
22person's license under this Section, a hearing on that
23person's license must be convened by the Department within 30
24days after the suspension and completed without appreciable
25delay. The Department and Board shall have the authority to
26review the subject person's record of treatment and counseling

 

 

10200SB3799ham001- 113 -LRB102 24687 LNS 42448 a

1regarding the impairment, to the extent permitted by
2applicable federal statutes and regulations safeguarding the
3confidentiality of medical records.
4    A person licensed under this Act and affected under this
5Section shall be afforded an opportunity to demonstrate to the
6Department or Board that he or she can resume practice in
7compliance with acceptable and prevailing standards under the
8provisions of his or her license.
9    (6) The Department may adopt rules to implement the
10changes made by this amendatory Act of the 102nd General
11Assembly.
12(Source: P.A. 100-414, eff. 8-25-17.)
 
13    Section 9-25. The Pharmacy Practice Act is amended by
14changing Sections 30 and 30.1 as follows:
 
15    (225 ILCS 85/30)  (from Ch. 111, par. 4150)
16    (Section scheduled to be repealed on January 1, 2028)
17    Sec. 30. Refusal, revocation, suspension, or other
18discipline.
19    (a) The Department may refuse to issue or renew, or may
20revoke a license, or may suspend, place on probation, fine, or
21take any disciplinary or non-disciplinary action as the
22Department may deem proper, including fines not to exceed
23$10,000 for each violation, with regard to any licensee for
24any one or combination of the following causes:

 

 

10200SB3799ham001- 114 -LRB102 24687 LNS 42448 a

1        1. Material misstatement in furnishing information to
2    the Department.
3        2. Violations of this Act, or the rules promulgated
4    hereunder.
5        3. Making any misrepresentation for the purpose of
6    obtaining licenses.
7        4. A pattern of conduct which demonstrates
8    incompetence or unfitness to practice.
9        5. Aiding or assisting another person in violating any
10    provision of this Act or rules.
11        6. Failing, within 60 days, to respond to a written
12    request made by the Department for information.
13        7. Engaging in unprofessional, dishonorable, or
14    unethical conduct of a character likely to deceive,
15    defraud or harm the public as defined by rule.
16        8. Adverse action taken by another state or
17    jurisdiction against a license or other authorization to
18    practice as a pharmacy, pharmacist, registered certified
19    pharmacy technician, or registered pharmacy technician
20    that is the same or substantially equivalent to those set
21    forth in this Section, a certified copy of the record of
22    the action taken by the other state or jurisdiction being
23    prima facie evidence thereof.
24        9. Directly or indirectly giving to or receiving from
25    any person, firm, corporation, partnership, or association
26    any fee, commission, rebate or other form of compensation

 

 

10200SB3799ham001- 115 -LRB102 24687 LNS 42448 a

1    for any professional services not actually or personally
2    rendered. Nothing in this item 9 affects any bona fide
3    independent contractor or employment arrangements among
4    health care professionals, health facilities, health care
5    providers, or other entities, except as otherwise
6    prohibited by law. Any employment arrangements may include
7    provisions for compensation, health insurance, pension, or
8    other employment benefits for the provision of services
9    within the scope of the licensee's practice under this
10    Act. Nothing in this item 9 shall be construed to require
11    an employment arrangement to receive professional fees for
12    services rendered.
13        10. A finding by the Department that the licensee,
14    after having his license placed on probationary status,
15    has violated the terms of probation.
16        11. Selling or engaging in the sale of drug samples
17    provided at no cost by drug manufacturers.
18        12. Physical illness, including, but not limited to,
19    deterioration through the aging process, or loss of motor
20    skill which results in the inability to practice the
21    profession with reasonable judgment, skill or safety.
22        13. A finding that licensure or registration has been
23    applied for or obtained by fraudulent means.
24        14. Conviction by plea of guilty or nolo contendere,
25    finding of guilt, jury verdict, or entry of judgment or
26    sentencing, including, but not limited to, convictions,

 

 

10200SB3799ham001- 116 -LRB102 24687 LNS 42448 a

1    preceding sentences of supervision, conditional discharge,
2    or first offender probation, under the laws of any
3    jurisdiction of the United States that is (i) a felony or
4    (ii) a misdemeanor, an essential element of which is
5    dishonesty, or that is directly related to the practice of
6    pharmacy, or involves controlled substances.
7        15. Habitual or excessive use or addiction to alcohol,
8    narcotics, stimulants or any other chemical agent or drug
9    which results in the inability to practice with reasonable
10    judgment, skill or safety.
11        16. Willfully making or filing false records or
12    reports in the practice of pharmacy, including, but not
13    limited to, false records to support claims against the
14    medical assistance program of the Department of Healthcare
15    and Family Services (formerly Department of Public Aid)
16    under the Public Aid Code.
17        17. Gross and willful overcharging for professional
18    services including filing false statements for collection
19    of fees for which services are not rendered, including,
20    but not limited to, filing false statements for collection
21    of monies for services not rendered from the medical
22    assistance program of the Department of Healthcare and
23    Family Services (formerly Department of Public Aid) under
24    the Public Aid Code.
25        18. Dispensing prescription drugs without receiving a
26    written or oral prescription in violation of law.

 

 

10200SB3799ham001- 117 -LRB102 24687 LNS 42448 a

1        19. Upon a finding of a substantial discrepancy in a
2    Department audit of a prescription drug, including
3    controlled substances, as that term is defined in this Act
4    or in the Illinois Controlled Substances Act.
5        20. Physical or mental illness or any other impairment
6    or disability, including, without limitation: (A)
7    deterioration through the aging process or loss of motor
8    skills that results in the inability to practice with
9    reasonable judgment, skill or safety; or (B) mental
10    incompetence, as declared by a court of competent
11    jurisdiction.
12        21. Violation of the Health Care Worker Self-Referral
13    Act.
14        22. Failing to sell or dispense any drug, medicine, or
15    poison in good faith. "Good faith", for the purposes of
16    this Section, has the meaning ascribed to it in subsection
17    (u) of Section 102 of the Illinois Controlled Substances
18    Act. "Good faith", as used in this item (22), shall not be
19    limited to the sale or dispensing of controlled
20    substances, but shall apply to all prescription drugs.
21        23. Interfering with the professional judgment of a
22    pharmacist by any licensee under this Act, or the
23    licensee's agents or employees.
24        24. Failing to report within 60 days to the Department
25    any adverse final action taken against a pharmacy,
26    pharmacist, registered pharmacy technician, or registered

 

 

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1    certified pharmacy technician by another licensing
2    jurisdiction in any other state or any territory of the
3    United States or any foreign jurisdiction, any
4    governmental agency, any law enforcement agency, or any
5    court for acts or conduct similar to acts or conduct that
6    would constitute grounds for discipline as defined in this
7    Section.
8        25. Failing to comply with a subpoena issued in
9    accordance with Section 35.5 of this Act.
10        26. Disclosing protected health information in
11    violation of any State or federal law.
12        27. Willfully failing to report an instance of
13    suspected abuse, neglect, financial exploitation, or
14    self-neglect of an eligible adult as defined in and
15    required by the Adult Protective Services Act.
16        28. Being named as an abuser in a verified report by
17    the Department on Aging under the Adult Protective
18    Services Act, and upon proof by clear and convincing
19    evidence that the licensee abused, neglected, or
20    financially exploited an eligible adult as defined in the
21    Adult Protective Services Act.
22        29. Using advertisements or making solicitations that
23    may jeopardize the health, safety, or welfare of patients,
24    including, but not be limited to, the use of
25    advertisements or solicitations that:
26            (A) are false, fraudulent, deceptive, or

 

 

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1        misleading; or
2            (B) include any claim regarding a professional
3        service or product or the cost or price thereof that
4        cannot be substantiated by the licensee.
5        30. Requiring a pharmacist to participate in the use
6    or distribution of advertisements or in making
7    solicitations that may jeopardize the health, safety, or
8    welfare of patients.
9        31. Failing to provide a working environment for all
10    pharmacy personnel that protects the health, safety, and
11    welfare of a patient, which includes, but is not limited
12    to, failing to:
13            (A) employ sufficient personnel to prevent
14        fatigue, distraction, or other conditions that
15        interfere with a pharmacist's ability to practice with
16        competency and safety or creates an environment that
17        jeopardizes patient care;
18            (B) provide appropriate opportunities for
19        uninterrupted rest periods and meal breaks;
20            (C) provide adequate time for a pharmacist to
21        complete professional duties and responsibilities,
22        including, but not limited to:
23                (i) drug utilization review;
24                (ii) immunization;
25                (iii) counseling;
26                (iv) verification of the accuracy of a

 

 

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1            prescription; and
2                (v) all other duties and responsibilities of a
3            pharmacist as listed in the rules of the
4            Department.
5        32. Introducing or enforcing external factors, such as
6    productivity or production quotas or other programs
7    against pharmacists, student pharmacists or pharmacy
8    technicians, to the extent that they interfere with the
9    ability of those individuals to provide appropriate
10    professional services to the public.
11        33. Providing an incentive for or inducing the
12    transfer of a prescription for a patient absent a
13    professional rationale.
14    (b) The Department may refuse to issue or may suspend the
15license of any person who fails to file a return, or to pay the
16tax, penalty or interest shown in a filed return, or to pay any
17final assessment of tax, penalty or interest, as required by
18any tax Act administered by the Illinois Department of
19Revenue, until such time as the requirements of any such tax
20Act are satisfied.
21    (c) The Department shall revoke any license issued under
22the provisions of this Act or any prior Act of this State of
23any person who has been convicted a second time of committing
24any felony under the Illinois Controlled Substances Act, or
25who has been convicted a second time of committing a Class 1
26felony under Sections 8A-3 and 8A-6 of the Illinois Public Aid

 

 

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1Code. A person whose license issued under the provisions of
2this Act or any prior Act of this State is revoked under this
3subsection (c) shall be prohibited from engaging in the
4practice of pharmacy in this State.
5    (c-1) The Department shall not revoke, suspend, summarily
6suspend, place on prohibition, reprimand, refuse to issue or
7renew, or take any other disciplinary or non-disciplinary
8action against the license or permit issued under this Act to
9practice as a pharmacist, registered pharmacy technician, or
10registered certified pharmacy technician based solely upon the
11pharmacist, registered pharmacy technician, or registered
12certified pharmacy technician providing, authorizing,
13recommending, aiding, assisting, referring for, or otherwise
14participating in any health care service, so long as the care
15was otherwise performed in accordance with the laws of this
16State, regardless of whether the patient was a resident of
17this State or another state.
18    (c-2) The Department shall not revoke, suspend, summarily
19suspend, place on prohibition, reprimand, refuse to issue or
20renew, or take any other disciplinary or non-disciplinary
21action against the license or permit issued under this Act to
22practice as a pharmacist, registered pharmacy technician, or
23registered certified pharmacy technician based upon the
24pharmacist's, registered pharmacy technician's, or registered
25certified pharmacy technician's license being revoked or
26suspended, or the pharmacist being otherwise disciplined by

 

 

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1any other state, if that revocation, suspension, or other form
2of discipline was based solely on the pharmacist, registered
3pharmacy technician, or registered certified pharmacy
4technician violating another state's laws prohibiting the
5provision of, authorization of, recommendation of, aiding or
6assisting in, referring for, or participation in any health
7care service if that health care service as provided would
8have been lawful and consistent with the standards of conduct
9for the pharmacist, registered pharmacy technician, or
10registered certified pharmacy technician if it occurred in
11Illinois.
12    (c-3) The conduct specified in subsection (c-1) or (c-2)
13shall not constitute grounds for suspension under Section
1435.16.
15    (c-4) An applicant seeking licensure, certification, or
16authorization pursuant to this Act who has been subject to
17disciplinary action by a duly authorized professional
18disciplinary agency of another jurisdiction solely on the
19basis of having provided, authorized, recommended, aided,
20assisted, referred for, or otherwise participated in health
21care shall not be denied such licensure, certification, or
22authorization, unless the Department determines that such
23action would have constituted professional misconduct in this
24State; provided however, that nothing in this Section shall be
25construed as prohibiting the Department from evaluating the
26conduct of such applicant and making a determination regarding

 

 

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1the licensure, certification, or authorization to practice a
2profession under this Act.
3    (d) Fines may be imposed in conjunction with other forms
4of disciplinary action, but shall not be the exclusive
5disposition of any disciplinary action arising out of conduct
6resulting in death or injury to a patient. Fines shall be paid
7within 60 days or as otherwise agreed to by the Department. Any
8funds collected from such fines shall be deposited in the
9Illinois State Pharmacy Disciplinary Fund.
10    (e) The entry of an order or judgment by any circuit court
11establishing that any person holding a license or certificate
12under this Act is a person in need of mental treatment operates
13as a suspension of that license. A licensee may resume his or
14her practice only upon the entry of an order of the Department
15based upon a finding by the Board that he or she has been
16determined to be recovered from mental illness by the court
17and upon the Board's recommendation that the licensee be
18permitted to resume his or her practice.
19    (f) The Department shall issue quarterly to the Board a
20status of all complaints related to the profession received by
21the Department.
22    (g) In enforcing this Section, the Board or the
23Department, upon a showing of a possible violation, may compel
24any licensee or applicant for licensure under this Act to
25submit to a mental or physical examination or both, as
26required by and at the expense of the Department. The

 

 

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1examining physician, or multidisciplinary team involved in
2providing physical and mental examinations led by a physician
3consisting of one or a combination of licensed physicians,
4licensed clinical psychologists, licensed clinical social
5workers, licensed clinical professional counselors, and other
6professional and administrative staff, shall be those
7specifically designated by the Department. The Board or the
8Department may order the examining physician or any member of
9the multidisciplinary team to present testimony concerning
10this mental or physical examination of the licensee or
11applicant. No information, report, or other documents in any
12way related to the examination shall be excluded by reason of
13any common law or statutory privilege relating to
14communication between the licensee or applicant and the
15examining physician or any member of the multidisciplinary
16team. The individual to be examined may have, at his or her own
17expense, another physician of his or her choice present during
18all aspects of the examination. Failure of any individual to
19submit to a mental or physical examination when directed shall
20result in the automatic suspension of his or her license until
21such time as the individual submits to the examination. If the
22Board or Department finds a pharmacist, registered certified
23pharmacy technician, or registered pharmacy technician unable
24to practice because of the reasons set forth in this Section,
25the Board or Department shall require such pharmacist,
26registered certified pharmacy technician, or registered

 

 

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1pharmacy technician to submit to care, counseling, or
2treatment by physicians or other appropriate health care
3providers approved or designated by the Department as a
4condition for continued, restored, or renewed licensure to
5practice. Any pharmacist, registered certified pharmacy
6technician, or registered pharmacy technician whose license
7was granted, continued, restored, renewed, disciplined, or
8supervised, subject to such terms, conditions, or
9restrictions, and who fails to comply with such terms,
10conditions, or restrictions or to complete a required program
11of care, counseling, or treatment, as determined by the chief
12pharmacy coordinator, shall be referred to the Secretary for a
13determination as to whether the licensee shall have his or her
14license suspended immediately, pending a hearing by the Board.
15In instances in which the Secretary immediately suspends a
16license under this subsection (g), a hearing upon such
17person's license must be convened by the Board within 15 days
18after such suspension and completed without appreciable delay.
19The Department and Board shall have the authority to review
20the subject pharmacist's, registered certified pharmacy
21technician's, or registered pharmacy technician's record of
22treatment and counseling regarding the impairment.
23    (h) An individual or organization acting in good faith,
24and not in a willful and wanton manner, in complying with this
25Section by providing a report or other information to the
26Board, by assisting in the investigation or preparation of a

 

 

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1report or information, by participating in proceedings of the
2Board, or by serving as a member of the Board shall not, as a
3result of such actions, be subject to criminal prosecution or
4civil damages. Any person who reports a violation of this
5Section to the Department is protected under subsection (b) of
6Section 15 of the Whistleblower Act.
7    (i) Members of the Board shall have no liability in any
8action based upon any disciplinary proceedings or other
9activity performed in good faith as a member of the Board. The
10Attorney General shall defend all such actions unless he or
11she determines either that there would be a conflict of
12interest in such representation or that the actions complained
13of were not in good faith or were willful and wanton.
14    If the Attorney General declines representation, the
15member shall have the right to employ counsel of his or her
16choice, whose fees shall be provided by the State, after
17approval by the Attorney General, unless there is a
18determination by a court that the member's actions were not in
19good faith or were willful and wanton.
20    The member must notify the Attorney General within 7 days
21of receipt of notice of the initiation of any action involving
22services of the Board. Failure to so notify the Attorney
23General shall constitute an absolute waiver of the right to a
24defense and indemnification.
25    The Attorney General shall determine, within 7 days after
26receiving such notice, whether he or she will undertake to

 

 

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1represent the member.
2    (j) The Department may adopt rules to implement the
3changes made by this amendatory Act of the 102nd General
4Assembly.
5(Source: P.A. 101-621, eff. 1-1-20; 102-882, eff. 1-1-23;
6revised 12-9-22.)
 
7    (225 ILCS 85/30.1)
8    (Section scheduled to be repealed on January 1, 2028)
9    Sec. 30.1. Reporting.
10    (a) When a pharmacist, registered certified pharmacy
11technician, or a registered pharmacy technician licensed by
12the Department is terminated for actions which may have
13threatened patient safety, the pharmacy or
14pharmacist-in-charge, pursuant to the policies and procedures
15of the pharmacy at which he or she is employed, shall report
16the termination to the chief pharmacy coordinator. Such
17reports shall be strictly confidential and may be reviewed and
18considered only by the members of the Board or by authorized
19Department staff. Such reports, and any records associated
20with such reports, are exempt from public disclosure and the
21Freedom of Information Act. Although the reports are exempt
22from disclosure, any formal complaint filed against a licensee
23or registrant by the Department or any order issued by the
24Department against a licensee, registrant, or applicant shall
25be a public record, except as otherwise prohibited by law. A

 

 

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1pharmacy shall not take any adverse action, including, but not
2limited to, disciplining or terminating a pharmacist,
3registered certified pharmacy technician, or registered
4pharmacy technician, as a result of an adverse action against
5the person's license or clinical privileges or other
6disciplinary action by another state or health care
7institution that resulted from the pharmacist's, registered
8certified pharmacy technician's, or registered pharmacy
9technician's provision of, authorization of, recommendation
10of, aiding or assistance with, referral for, or participation
11in any health care service, if the adverse action was based
12solely on a violation of the other state's law prohibiting the
13provision such health care and related services in the state
14or for a resident of the state.
15    (b) The report shall be submitted to the chief pharmacy
16coordinator in a timely fashion. Unless otherwise provided in
17this Section, the reports shall be filed in writing, on forms
18provided by the Department, within 60 days after a pharmacy's
19determination that a report is required under this Act. All
20reports shall contain only the following information:
21        (1) The name, address, and telephone number of the
22    person making the report.
23        (2) The name, license number, and last known address
24    and telephone number of the person who is the subject of
25    the report.
26        (3) A brief description of the facts which gave rise

 

 

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1    to the issuance of the report, including dates of
2    occurrence.
3    (c) The contents of any report and any records associated
4with such report shall be strictly confidential and may only
5be reviewed by:
6        (1) members of the Board of Pharmacy;
7        (2) the Board of Pharmacy's designated attorney;
8        (3) administrative personnel assigned to open mail
9    containing reports, to process and distribute reports to
10    authorized persons, and to communicate with senders of
11    reports;
12        (4) Department investigators and Department
13    prosecutors; or
14        (5) attorneys from the Office of the Illinois Attorney
15    General representing the Department in litigation in
16    response to specific disciplinary action the Department
17    has taken or initiated against a specific individual
18    pursuant to this Section.
19    (d) Whenever a pharmacy or pharmacist-in-charge makes a
20report and provides any records associated with that report to
21the Department, acts in good faith, and not in a willful and
22wanton manner, the person or entity making the report and the
23pharmacy or health care institution employing him or her shall
24not, as a result of such actions, be subject to criminal
25prosecution or civil damages.
26    (e) The Department may adopt rules to implement the

 

 

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1changes made by this amendatory Act of the 102nd General
2Assembly.
3(Source: P.A. 99-863, eff. 8-19-16.)
 
4    Section 9-30. The Genetic Counselor Licensing Act is
5amended by changing Section 95 as follows:
 
6    (225 ILCS 135/95)
7    (Section scheduled to be repealed on January 1, 2025)
8    Sec. 95. Grounds for discipline.
9    (a) The Department may refuse to issue, renew, or may
10revoke, suspend, place on probation, reprimand, or take other
11disciplinary or non-disciplinary action as the Department
12deems appropriate, including the issuance of fines not to
13exceed $10,000 for each violation, with regard to any license
14for any one or more of the following:
15        (1) Material misstatement in furnishing information to
16    the Department or to any other State agency.
17        (2) Violations or negligent or intentional disregard
18    of this Act, or any of its rules.
19        (3) Conviction by plea of guilty or nolo contendere,
20    finding of guilt, jury verdict, or entry of judgment or
21    sentencing, including, but not limited to, convictions,
22    preceding sentences of supervision, conditional discharge,
23    or first offender probation, under the laws of any
24    jurisdiction of the United States: (i) that is a felony or

 

 

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1    (ii) that is a misdemeanor, an essential element of which
2    is dishonesty, or that is directly related to the practice
3    of genetic counseling.
4        (4) Making any misrepresentation for the purpose of
5    obtaining a license, or violating any provision of this
6    Act or its rules.
7        (5) Negligence in the rendering of genetic counseling
8    services.
9        (6) Failure to provide genetic testing results and any
10    requested information to a referring physician licensed to
11    practice medicine in all its branches, advanced practice
12    registered nurse, or physician assistant.
13        (7) Aiding or assisting another person in violating
14    any provision of this Act or any rules.
15        (8) Failing to provide information within 60 days in
16    response to a written request made by the Department.
17        (9) Engaging in dishonorable, unethical, or
18    unprofessional conduct of a character likely to deceive,
19    defraud, or harm the public and violating the rules of
20    professional conduct adopted by the Department.
21        (10) Failing to maintain the confidentiality of any
22    information received from a client, unless otherwise
23    authorized or required by law.
24        (10.5) Failure to maintain client records of services
25    provided and provide copies to clients upon request.
26        (11) Exploiting a client for personal advantage,

 

 

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1    profit, or interest.
2        (12) Habitual or excessive use or addiction to
3    alcohol, narcotics, stimulants, or any other chemical
4    agent or drug which results in inability to practice with
5    reasonable skill, judgment, or safety.
6        (13) Discipline by another governmental agency or unit
7    of government, by any jurisdiction of the United States,
8    or by a foreign nation, if at least one of the grounds for
9    the discipline is the same or substantially equivalent to
10    those set forth in this Section.
11        (14) Directly or indirectly giving to or receiving
12    from any person, firm, corporation, partnership, or
13    association any fee, commission, rebate, or other form of
14    compensation for any professional service not actually
15    rendered. Nothing in this paragraph (14) affects any bona
16    fide independent contractor or employment arrangements
17    among health care professionals, health facilities, health
18    care providers, or other entities, except as otherwise
19    prohibited by law. Any employment arrangements may include
20    provisions for compensation, health insurance, pension, or
21    other employment benefits for the provision of services
22    within the scope of the licensee's practice under this
23    Act. Nothing in this paragraph (14) shall be construed to
24    require an employment arrangement to receive professional
25    fees for services rendered.
26        (15) A finding by the Department that the licensee,

 

 

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1    after having the license placed on probationary status,
2    has violated the terms of probation.
3        (16) Failing to refer a client to other health care
4    professionals when the licensee is unable or unwilling to
5    adequately support or serve the client.
6        (17) Willfully filing false reports relating to a
7    licensee's practice, including but not limited to false
8    records filed with federal or State agencies or
9    departments.
10        (18) Willfully failing to report an instance of
11    suspected child abuse or neglect as required by the Abused
12    and Neglected Child Reporting Act.
13        (19) Being named as a perpetrator in an indicated
14    report by the Department of Children and Family Services
15    pursuant to the Abused and Neglected Child Reporting Act,
16    and upon proof by clear and convincing evidence that the
17    licensee has caused a child to be an abused child or
18    neglected child as defined in the Abused and Neglected
19    Child Reporting Act.
20        (20) Physical or mental disability, including
21    deterioration through the aging process or loss of
22    abilities and skills which results in the inability to
23    practice the profession with reasonable judgment, skill,
24    or safety.
25        (21) Solicitation of professional services by using
26    false or misleading advertising.

 

 

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1        (22) Failure to file a return, or to pay the tax,
2    penalty of interest shown in a filed return, or to pay any
3    final assessment of tax, penalty or interest, as required
4    by any tax Act administered by the Illinois Department of
5    Revenue or any successor agency or the Internal Revenue
6    Service or any successor agency.
7        (23) Fraud or making any misrepresentation in applying
8    for or procuring a license under this Act or in connection
9    with applying for renewal of a license under this Act.
10        (24) Practicing or attempting to practice under a name
11    other than the full name as shown on the license or any
12    other legally authorized name.
13        (25) Gross overcharging for professional services,
14    including filing statements for collection of fees or
15    monies for which services are not rendered.
16        (26) (Blank).
17        (27) Charging for professional services not rendered,
18    including filing false statements for the collection of
19    fees for which services are not rendered.
20        (28) Allowing one's license under this Act to be used
21    by an unlicensed person in violation of this Act.
22    (b) (Blank).
23    (b-1) The Department shall not revoke, suspend, summarily
24suspend, place on prohibition, reprimand, refuse to issue or
25renew, or take any other disciplinary or non-disciplinary
26action against the license or permit issued under this Act to

 

 

10200SB3799ham001- 135 -LRB102 24687 LNS 42448 a

1practice as a genetic counselor based solely upon the genetic
2counselor authorizing, recommending, aiding, assisting,
3referring for, or otherwise participating in any health care
4service, so long as the care was otherwise performed in
5accordance with the laws of this State, regardless of whether
6the patient was a resident of this State or another state.
7    (b-2) The Department shall not revoke, suspend, summarily
8suspend, place on prohibition, reprimand, refuse to issue or
9renew, or take any other disciplinary or non-disciplinary
10action against the license or permit issued under this Act to
11practice as a genetic counselor based upon the genetic
12counselor's license being revoked or suspended, or the genetic
13counselor being otherwise disciplined by any other state, if
14that revocation, suspension, or other form of discipline was
15based solely on the genetic counselor violating another
16state's laws prohibiting the provision of, authorization of,
17recommendation of, aiding or assisting in, referring for, or
18participation in any health care service if that health care
19service as provided would have been lawful and consistent with
20the standards of conduct for the genetic counselor if it
21occurred in Illinois.
22    (b-3) The conduct specified in subsection (b-1) or (b-2)
23shall not constitute grounds for suspension under Section 160.
24    (b-4) An applicant seeking licensure, certification, or
25authorization pursuant to this Act who has been subject to
26disciplinary action by a duly authorized professional

 

 

10200SB3799ham001- 136 -LRB102 24687 LNS 42448 a

1disciplinary agency of another jurisdiction solely on the
2basis of having authorized, recommended, aided, assisted,
3referred for, or otherwise participated in health care shall
4not be denied such licensure, certification, or authorization,
5unless the Department determines that such action would have
6constituted professional misconduct in this State; provided
7however, that nothing in this Section shall be construed as
8prohibiting the Department from evaluating the conduct of such
9applicant and making a determination regarding the licensure,
10certification, or authorization to practice a profession under
11this Act.
12    (c) The determination by a court that a licensee is
13subject to involuntary admission or judicial admission as
14provided in the Mental Health and Developmental Disabilities
15Code will result in an automatic suspension of his or her
16license. The suspension will end upon a finding by a court that
17the licensee is no longer subject to involuntary admission or
18judicial admission, the issuance of an order so finding and
19discharging the patient, and the determination of the
20Secretary that the licensee be allowed to resume professional
21practice.
22    (d) The Department may refuse to issue or renew or may
23suspend without hearing the license of any person who fails to
24file a return, to pay the tax penalty or interest shown in a
25filed return, or to pay any final assessment of the tax,
26penalty, or interest as required by any Act regarding the

 

 

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1payment of taxes administered by the Illinois Department of
2Revenue until the requirements of the Act are satisfied in
3accordance with subsection (g) of Section 2105-15 of the Civil
4Administrative Code of Illinois.
5    (e) In cases where the Department of Healthcare and Family
6Services has previously determined that a licensee or a
7potential licensee is more than 30 days delinquent in the
8payment of child support and has subsequently certified the
9delinquency to the Department, the Department may refuse to
10issue or renew or may revoke or suspend that person's license
11or may take other disciplinary action against that person
12based solely upon the certification of delinquency made by the
13Department of Healthcare and Family Services in accordance
14with item (5) of subsection (a) of Section 2105-15 of the
15Department of Professional Regulation Law of the Civil
16Administrative Code of Illinois.
17    (f) All fines or costs imposed under this Section shall be
18paid within 60 days after the effective date of the order
19imposing the fine or costs or in accordance with the terms set
20forth in the order imposing the fine.
21    (g) The Department may adopt rules to implement the
22changes made by this amendatory Act of the 102nd General
23Assembly.
24(Source: P.A. 99-173, eff. 7-29-15; 99-633, eff. 1-1-17;
25100-201, eff. 8-18-17; 100-513, eff. 1-1-18; 100-872, eff.
268-14-18.)
 

 

 

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1    Section 9-35. The Clinical Psychologist Licensing Act is
2amended by changing Section 15 as follows:
 
3    (225 ILCS 15/15)  (from Ch. 111, par. 5365)
4    (Section scheduled to be repealed on January 1, 2027)
5    Sec. 15. Disciplinary action; grounds.
6    (a) The Department may refuse to issue, refuse to renew,
7suspend, or revoke any license, or may place on probation,
8reprimand, or take other disciplinary or non-disciplinary
9action deemed appropriate by the Department, including the
10imposition of fines not to exceed $10,000 for each violation,
11with regard to any license issued under the provisions of this
12Act for any one or a combination of the following reasons:
13        (1) Conviction of, or entry of a plea of guilty or nolo
14    contendere to, any crime that is a felony under the laws of
15    the United States or any state or territory thereof or
16    that is a misdemeanor of which an essential element is
17    dishonesty, or any crime that is directly related to the
18    practice of the profession.
19        (2) Gross negligence in the rendering of clinical
20    psychological services.
21        (3) Using fraud or making any misrepresentation in
22    applying for a license or in passing the examination
23    provided for in this Act.
24        (4) Aiding or abetting or conspiring to aid or abet a

 

 

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1    person, not a clinical psychologist licensed under this
2    Act, in representing himself or herself as so licensed or
3    in applying for a license under this Act.
4        (5) Violation of any provision of this Act or the
5    rules promulgated thereunder.
6        (6) Professional connection or association with any
7    person, firm, association, partnership or corporation
8    holding himself, herself, themselves, or itself out in any
9    manner contrary to this Act.
10        (7) Unethical, unauthorized or unprofessional conduct
11    as defined by rule. In establishing those rules, the
12    Department shall consider, though is not bound by, the
13    ethical standards for psychologists promulgated by
14    recognized national psychology associations.
15        (8) Aiding or assisting another person in violating
16    any provisions of this Act or the rules promulgated
17    thereunder.
18        (9) Failing to provide, within 60 days, information in
19    response to a written request made by the Department.
20        (10) Habitual or excessive use or addiction to
21    alcohol, narcotics, stimulants, or any other chemical
22    agent or drug that results in a clinical psychologist's
23    inability to practice with reasonable judgment, skill or
24    safety.
25        (11) Discipline by another state, territory, the
26    District of Columbia or foreign country, if at least one

 

 

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1    of the grounds for the discipline is the same or
2    substantially equivalent to those set forth herein.
3        (12) Directly or indirectly giving or receiving from
4    any person, firm, corporation, association or partnership
5    any fee, commission, rebate, or other form of compensation
6    for any professional service not actually or personally
7    rendered. Nothing in this paragraph (12) affects any bona
8    fide independent contractor or employment arrangements
9    among health care professionals, health facilities, health
10    care providers, or other entities, except as otherwise
11    prohibited by law. Any employment arrangements may include
12    provisions for compensation, health insurance, pension, or
13    other employment benefits for the provision of services
14    within the scope of the licensee's practice under this
15    Act. Nothing in this paragraph (12) shall be construed to
16    require an employment arrangement to receive professional
17    fees for services rendered.
18        (13) A finding that the licensee, after having his or
19    her license placed on probationary status, has violated
20    the terms of probation.
21        (14) Willfully making or filing false records or
22    reports, including but not limited to, false records or
23    reports filed with State agencies or departments.
24        (15) Physical illness, including but not limited to,
25    deterioration through the aging process, mental illness or
26    disability that results in the inability to practice the

 

 

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1    profession with reasonable judgment, skill and safety.
2        (16) Willfully failing to report an instance of
3    suspected child abuse or neglect as required by the Abused
4    and Neglected Child Reporting Act.
5        (17) Being named as a perpetrator in an indicated
6    report by the Department of Children and Family Services
7    pursuant to the Abused and Neglected Child Reporting Act,
8    and upon proof by clear and convincing evidence that the
9    licensee has caused a child to be an abused child or
10    neglected child as defined in the Abused and Neglected
11    Child Reporting Act.
12        (18) Violation of the Health Care Worker Self-Referral
13    Act.
14        (19) Making a material misstatement in furnishing
15    information to the Department, any other State or federal
16    agency, or any other entity.
17        (20) Failing to report to the Department any adverse
18    judgment, settlement, or award arising from a liability
19    claim related to an act or conduct similar to an act or
20    conduct that would constitute grounds for action as set
21    forth in this Section.
22        (21) Failing to report to the Department any adverse
23    final action taken against a licensee or applicant by
24    another licensing jurisdiction, including any other state
25    or territory of the United States or any foreign state or
26    country, or any peer review body, health care institution,

 

 

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1    professional society or association related to the
2    profession, governmental agency, law enforcement agency,
3    or court for an act or conduct similar to an act or conduct
4    that would constitute grounds for disciplinary action as
5    set forth in this Section.
6        (22) Prescribing, selling, administering,
7    distributing, giving, or self-administering (A) any drug
8    classified as a controlled substance (designated product)
9    for other than medically accepted therapeutic purposes or
10    (B) any narcotic drug.
11        (23) Violating state or federal laws or regulations
12    relating to controlled substances, legend drugs, or
13    ephedra as defined in the Ephedra Prohibition Act.
14        (24) Exceeding the terms of a collaborative agreement
15    or the prescriptive authority delegated to a licensee by
16    his or her collaborating physician or established under a
17    written collaborative agreement.
18    The entry of an order by any circuit court establishing
19that any person holding a license under this Act is subject to
20involuntary admission or judicial admission as provided for in
21the Mental Health and Developmental Disabilities Code,
22operates as an automatic suspension of that license. That
23person may have his or her license restored only upon the
24determination by a circuit court that the patient is no longer
25subject to involuntary admission or judicial admission and the
26issuance of an order so finding and discharging the patient

 

 

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1and upon the Board's recommendation to the Department that the
2license be restored. Where the circumstances so indicate, the
3Board may recommend to the Department that it require an
4examination prior to restoring any license so automatically
5suspended.
6    The Department shall refuse to issue or suspend the
7license of any person who fails to file a return, or to pay the
8tax, penalty or interest shown in a filed return, or to pay any
9final assessment of the tax penalty or interest, as required
10by any tax Act administered by the Illinois Department of
11Revenue, until such time as the requirements of any such tax
12Act are satisfied.
13    In enforcing this Section, the Department or Board upon a
14showing of a possible violation may compel any person licensed
15to practice under this Act, or who has applied for licensure or
16certification pursuant to this Act, to submit to a mental or
17physical examination, or both, as required by and at the
18expense of the Department. The examining physicians or
19clinical psychologists shall be those specifically designated
20by the Department. The Board or the Department may order the
21examining physician or clinical psychologist to present
22testimony concerning this mental or physical examination of
23the licensee or applicant. No information shall be excluded by
24reason of any common law or statutory privilege relating to
25communications between the licensee or applicant and the
26examining physician or clinical psychologist. The person to be

 

 

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1examined may have, at his or her own expense, another
2physician or clinical psychologist of his or her choice
3present during all aspects of the examination. Failure of any
4person to submit to a mental or physical examination, when
5directed, shall be grounds for suspension of a license until
6the person submits to the examination if the Department or
7Board finds, after notice and hearing, that the refusal to
8submit to the examination was without reasonable cause.
9    If the Department or Board finds a person unable to
10practice because of the reasons set forth in this Section, the
11Department or Board may require that person to submit to care,
12counseling or treatment by physicians or clinical
13psychologists approved or designated by the Department, as a
14condition, term, or restriction for continued, reinstated, or
15renewed licensure to practice; or, in lieu of care, counseling
16or treatment, the Board may recommend to the Department to
17file or the Department may file a complaint to immediately
18suspend, revoke or otherwise discipline the license of the
19person. Any person whose license was granted, continued,
20reinstated, renewed, disciplined or supervised subject to such
21terms, conditions or restrictions, and who fails to comply
22with such terms, conditions or restrictions, shall be referred
23to the Secretary for a determination as to whether the person
24shall have his or her license suspended immediately, pending a
25hearing by the Board.
26    In instances in which the Secretary immediately suspends a

 

 

10200SB3799ham001- 145 -LRB102 24687 LNS 42448 a

1person's license under this Section, a hearing on that
2person's license must be convened by the Board within 15 days
3after the suspension and completed without appreciable delay.
4The Board shall have the authority to review the subject
5person's record of treatment and counseling regarding the
6impairment, to the extent permitted by applicable federal
7statutes and regulations safeguarding the confidentiality of
8medical records.
9    A person licensed under this Act and affected under this
10Section shall be afforded an opportunity to demonstrate to the
11Board that he or she can resume practice in compliance with
12acceptable and prevailing standards under the provisions of
13his or her license.
14    (b) The Department shall not revoke, suspend, summarily
15suspend, place on prohibition, reprimand, refuse to issue or
16renew, or take any other disciplinary or non-disciplinary
17action against a license or permit issued under this Act based
18solely upon the licensed clinical psychologist recommending,
19aiding, assisting, referring for, or participating in any
20health care service, so long as the care was otherwise
21performed in accordance with the laws of this State,
22regardless of whether the patient was a resident of this State
23or another state.
24    (c) The Department shall not revoke, suspend, place on
25prohibition, reprimand, refuse to issue or renew, or take any
26other disciplinary or non-disciplinary action against the

 

 

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1license or permit issued under this Act to practice as a
2licensed clinical psychologist based upon the licensed
3clinical psychologist's license being revoked or suspended, or
4the licensed clinical psychologist being otherwise disciplined
5by any other state, if that revocation, suspension, or other
6form of discipline was based solely on the licensed clinical
7psychologist violating another state's laws prohibiting the
8provision of, authorization of, recommendation of, aiding or
9assisting in, referring for, or participation in any health
10care service if that health care service as provided would
11have been lawful and consistent with the standards of conduct
12for the licensed clinical psychologist if it occurred in
13Illinois.
14    (d) The conduct specified in subsection (b) or (c) shall
15not constitute grounds for suspension under Section 21.6.
16    (e) The Department shall not revoke, suspend, summarily
17suspend, place on prohibition, reprimand, refuse to issue or
18renew, or take any other disciplinary or non-disciplinary
19action against the license or permit issued under this Act to
20practice as a licensed clinical psychologist based solely upon
21the license of a licensed clinical psychologist being revoked
22or the licensed clinical psychologist being otherwise
23disciplined by any other state or territory other than
24Illinois for the referral for or having otherwise participated
25in any health care service, if the revocation or disciplinary
26action was based solely on a violation of the other state's law

 

 

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1prohibiting related sexual or reproductive healthcare or
2gender-affirming care services in the state, for a resident of
3the state, or in any other state. Illinois retains the ability
4to discipline a licensed clinical psychologist for care
5provided that would otherwise constitute dishonorable,
6unethical, or unprofessional conduct or gross negligence under
7this Act and correlating rules.
8    (f) The Department may adopt rules to implement the
9changes made by this amendatory Act of the 102nd General
10Assembly.
11(Source: P.A. 98-668, eff. 6-25-14; 99-572, eff. 7-15-16.)
 
12    Section 9-40. The Marriage and Family Therapy Licensing
13Act is amended by changing Section 85 as follows:
 
14    (225 ILCS 55/85)  (from Ch. 111, par. 8351-85)
15    (Section scheduled to be repealed on January 1, 2027)
16    Sec. 85. Refusal, revocation, or suspension.
17    (a) The Department may refuse to issue or renew a license,
18or may revoke, suspend, reprimand, place on probation, or take
19any other disciplinary or non-disciplinary action as the
20Department may deem proper, including the imposition of fines
21not to exceed $10,000 for each violation, with regard to any
22license issued under the provisions of this Act for any one or
23combination of the following grounds:
24        (1) Material misstatement in furnishing information to

 

 

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1    the Department.
2        (2) Violation of any provision of this Act or its
3    rules.
4        (3) Conviction of or entry of a plea of guilty or nolo
5    contendere, finding of guilt, jury verdict, or entry of
6    judgment or sentencing, including, but not limited to,
7    convictions, preceding sentences of supervision,
8    conditional discharge, or first offender probation, under
9    the laws of any jurisdiction of the United States that is
10    (i) a felony or (ii) a misdemeanor, an essential element
11    of which is dishonesty or that is directly related to the
12    practice of the profession.
13        (4) Fraud or misrepresentation in applying for or
14    procuring a license under this Act or in connection with
15    applying for renewal or restoration of a license under
16    this Act or its rules.
17        (5) Professional incompetence.
18        (6) Gross negligence in practice under this Act.
19        (7) Aiding or assisting another person in violating
20    any provision of this Act or its rules.
21        (8) Failing, within 60 days, to provide information in
22    response to a written request made by the Department.
23        (9) Engaging in dishonorable, unethical, or
24    unprofessional conduct of a character likely to deceive,
25    defraud or harm the public as defined by the rules of the
26    Department, or violating the rules of professional conduct

 

 

10200SB3799ham001- 149 -LRB102 24687 LNS 42448 a

1    adopted by the Department.
2        (10) Habitual or excessive use or abuse of drugs
3    defined in law as controlled substances, of alcohol, or
4    any other substance that results in the inability to
5    practice with reasonable judgment, skill, or safety.
6        (11) Discipline by another jurisdiction if at least
7    one of the grounds for the discipline is the same or
8    substantially equivalent to those set forth in this Act.
9        (12) Directly or indirectly giving to or receiving
10    from any person, firm, corporation, partnership, or
11    association any fee, commission, rebate, or other form of
12    compensation for any professional services not actually or
13    personally rendered. Nothing in this paragraph (12)
14    affects any bona fide independent contractor or employment
15    arrangements among health care professionals, health
16    facilities, health care providers, or other entities,
17    except as otherwise prohibited by law. Any employment
18    arrangements may include provisions for compensation,
19    health insurance, pension, or other employment benefits
20    for the provision of services within the scope of the
21    licensee's practice under this Act. Nothing in this
22    paragraph (12) shall be construed to require an employment
23    arrangement to receive professional fees for services
24    rendered.
25        (13) A finding by the Department that the licensee,
26    after having his or her license placed on probationary

 

 

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1    status, has violated the terms of probation or failed to
2    comply with the terms.
3        (14) Abandonment of a patient without cause.
4        (15) Willfully making or filing false records or
5    reports relating to a licensee's practice, including but
6    not limited to false records filed with State agencies or
7    departments.
8        (16) Willfully failing to report an instance of
9    suspected child abuse or neglect as required by the Abused
10    and Neglected Child Reporting Act.
11        (17) Being named as a perpetrator in an indicated
12    report by the Department of Children and Family Services
13    under the Abused and Neglected Child Reporting Act and
14    upon proof by clear and convincing evidence that the
15    licensee has caused a child to be an abused child or
16    neglected child as defined in the Abused and Neglected
17    Child Reporting Act.
18        (18) Physical illness or mental illness or impairment,
19    including, but not limited to, deterioration through the
20    aging process or loss of motor skill that results in the
21    inability to practice the profession with reasonable
22    judgment, skill, or safety.
23        (19) Solicitation of professional services by using
24    false or misleading advertising.
25        (20) A pattern of practice or other behavior that
26    demonstrates incapacity or incompetence to practice under

 

 

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1    this Act.
2        (21) Practicing under a false or assumed name, except
3    as provided by law.
4        (22) Gross, willful, and continued overcharging for
5    professional services, including filing false statements
6    for collection of fees or moneys for which services are
7    not rendered.
8        (23) Failure to establish and maintain records of
9    patient care and treatment as required by law.
10        (24) Cheating on or attempting to subvert the
11    licensing examinations administered under this Act.
12        (25) Willfully failing to report an instance of
13    suspected abuse, neglect, financial exploitation, or
14    self-neglect of an eligible adult as defined in and
15    required by the Adult Protective Services Act.
16        (26) Being named as an abuser in a verified report by
17    the Department on Aging and under the Adult Protective
18    Services Act and upon proof by clear and convincing
19    evidence that the licensee abused, neglected, or
20    financially exploited an eligible adult as defined in the
21    Adult Protective Services Act.
22    (b) (Blank).
23    (b-1) The Department shall not revoke, suspend, summarily
24suspend, place on prohibition, reprimand, refuse to issue or
25renew, or take any other disciplinary or non-disciplinary
26action against the license or permit issued under this Act to

 

 

10200SB3799ham001- 152 -LRB102 24687 LNS 42448 a

1practice as a marriage and family therapist or associate
2licensed marriage and family therapist based solely upon the
3marriage and family therapist or associate licensed marriage
4and family therapist authorizing, recommending, aiding,
5assisting, referring for, or otherwise participating in any
6health care service, so long as the care was otherwise
7performed in accordance with the laws of this State,
8regardless of whether the patient was a resident of this State
9or another state.
10    (b-2) The Department shall not revoke, suspend, summarily
11suspend, place on prohibition, reprimand, refuse to issue or
12renew, or take any other disciplinary or non-disciplinary
13action against the license or permit issued under this Act to
14practice as a marriage and family therapist or associate
15licensed marriage and family therapist based upon the marriage
16and family therapist's or associate licensed marriage and
17family therapist's license being revoked or suspended, or the
18marriage and family therapist or associate licensed marriage
19and family therapist being otherwise disciplined by any other
20state, if that revocation, suspension, or other form of
21discipline was based solely on the marriage and family
22therapist or associate licensed marriage and family therapist
23violating another state's laws prohibiting the provision of,
24authorization of, recommendation of, aiding or assisting in,
25referring for, or participation in any health care service if
26that health care service as provided would have been lawful

 

 

10200SB3799ham001- 153 -LRB102 24687 LNS 42448 a

1and consistent with the standards of conduct for the marriage
2and family therapist or associate licensed marriage and family
3therapist if it occurred in Illinois.
4    (b-3) The conduct specified in subsection (b-1) or (b-2)
5shall not constitute grounds for suspension under Section 145.
6    (b-4) An applicant seeking licensure, certification, or
7authorization pursuant to this Act who has been subject to
8disciplinary action by a duly authorized professional
9disciplinary agency of another jurisdiction solely on the
10basis of having authorized, recommended, aided, assisted,
11referred for, or otherwise participated in health care shall
12not be denied such licensure, certification, or authorization,
13unless the Department determines that such action would have
14constituted professional misconduct in this State; provided
15however, that nothing in this Section shall be construed as
16prohibiting the Department from evaluating the conduct of such
17applicant and making a determination regarding the licensure,
18certification, or authorization to practice a profession under
19this Act.
20    (c) The determination by a circuit court that a licensee
21is subject to involuntary admission or judicial admission, as
22provided in the Mental Health and Developmental Disabilities
23Code, operates as an automatic suspension. The suspension will
24terminate only upon a finding by a court that the patient is no
25longer subject to involuntary admission or judicial admission
26and the issuance of an order so finding and discharging the

 

 

10200SB3799ham001- 154 -LRB102 24687 LNS 42448 a

1patient, and upon the recommendation of the Board to the
2Secretary that the licensee be allowed to resume his or her
3practice as a licensed marriage and family therapist or an
4associate licensed marriage and family therapist.
5    (d) The Department shall refuse to issue or may suspend
6the license of any person who fails to file a return, pay the
7tax, penalty, or interest shown in a filed return or pay any
8final assessment of tax, penalty, or interest, as required by
9any tax Act administered by the Illinois Department of
10Revenue, until the time the requirements of the tax Act are
11satisfied.
12    (e) In enforcing this Section, the Department or Board
13upon a showing of a possible violation may compel an
14individual licensed to practice under this Act, or who has
15applied for licensure under this Act, to submit to a mental or
16physical examination, or both, which may include a substance
17abuse or sexual offender evaluation, as required by and at the
18expense of the Department.
19    The Department shall specifically designate the examining
20physician licensed to practice medicine in all of its branches
21or, if applicable, the multidisciplinary team involved in
22providing the mental or physical examination or both. The
23multidisciplinary team shall be led by a physician licensed to
24practice medicine in all of its branches and may consist of one
25or more or a combination of physicians licensed to practice
26medicine in all of its branches, licensed clinical

 

 

10200SB3799ham001- 155 -LRB102 24687 LNS 42448 a

1psychologists, licensed clinical social workers, licensed
2clinical professional counselors, licensed marriage and family
3therapists, and other professional and administrative staff.
4Any examining physician or member of the multidisciplinary
5team may require any person ordered to submit to an
6examination and evaluation pursuant to this Section to submit
7to any additional supplemental testing deemed necessary to
8complete any examination or evaluation process, including, but
9not limited to, blood testing, urinalysis, psychological
10testing, or neuropsychological testing.
11    The Department may order the examining physician or any
12member of the multidisciplinary team to provide to the
13Department any and all records, including business records,
14that relate to the examination and evaluation, including any
15supplemental testing performed.
16    The Department or Board may order the examining physician
17or any member of the multidisciplinary team to present
18testimony concerning the mental or physical examination of the
19licensee or applicant. No information, report, record, or
20other documents in any way related to the examination shall be
21excluded by reason of any common law or statutory privilege
22relating to communications between the licensee or applicant
23and the examining physician or any member of the
24multidisciplinary team. No authorization is necessary from the
25licensee or applicant ordered to undergo an examination for
26the examining physician or any member of the multidisciplinary

 

 

10200SB3799ham001- 156 -LRB102 24687 LNS 42448 a

1team to provide information, reports, records, or other
2documents or to provide any testimony regarding the
3examination and evaluation.
4    The individual to be examined may have, at his or her own
5expense, another physician of his or her choice present during
6all aspects of this examination. However, that physician shall
7be present only to observe and may not interfere in any way
8with the examination.
9     Failure of an individual to submit to a mental or physical
10examination, when ordered, shall result in an automatic
11suspension of his or her license until the individual submits
12to the examination.
13    If the Department or Board finds an individual unable to
14practice because of the reasons set forth in this Section, the
15Department or Board may require that individual to submit to
16care, counseling, or treatment by physicians approved or
17designated by the Department or Board, as a condition, term,
18or restriction for continued, reinstated, or renewed licensure
19to practice; or, in lieu of care, counseling, or treatment,
20the Department may file, or the Board may recommend to the
21Department to file, a complaint to immediately suspend,
22revoke, or otherwise discipline the license of the individual.
23An individual whose license was granted, continued,
24reinstated, renewed, disciplined or supervised subject to such
25terms, conditions, or restrictions, and who fails to comply
26with such terms, conditions, or restrictions, shall be

 

 

10200SB3799ham001- 157 -LRB102 24687 LNS 42448 a

1referred to the Secretary for a determination as to whether
2the individual shall have his or her license suspended
3immediately, pending a hearing by the Department.
4    In instances in which the Secretary immediately suspends a
5person's license under this Section, a hearing on that
6person's license must be convened by the Department within 30
7days after the suspension and completed without appreciable
8delay. The Department and Board shall have the authority to
9review the subject individual's record of treatment and
10counseling regarding the impairment to the extent permitted by
11applicable federal statutes and regulations safeguarding the
12confidentiality of medical records.
13    An individual licensed under this Act and affected under
14this Section shall be afforded an opportunity to demonstrate
15to the Department or Board that he or she can resume practice
16in compliance with acceptable and prevailing standards under
17the provisions of his or her license.
18    (f) A fine shall be paid within 60 days after the effective
19date of the order imposing the fine or in accordance with the
20terms set forth in the order imposing the fine.
21    (g) The Department may adopt rules to implement the
22changes made by this amendatory Act of the 102nd General
23Assembly.
24(Source: P.A. 100-372, eff. 8-25-17; 100-872, eff. 8-14-18.)
 
25    Section 9-45. The Licensed Certified Professional Midwife

 

 

10200SB3799ham001- 158 -LRB102 24687 LNS 42448 a

1Practice Act is amended by changing Section 100 as follows:
 
2    (225 ILCS 64/100)
3    (Section scheduled to be repealed on January 1, 2027)
4    Sec. 100. Grounds for disciplinary action.
5    (a) The Department may refuse to issue or to renew, or may
6revoke, suspend, place on probation, reprimand, or take other
7disciplinary or non-disciplinary action with regard to any
8license issued under this Act as the Department may deem
9proper, including the issuance of fines not to exceed $10,000
10for each violation, for any one or combination of the
11following causes:
12        (1) Material misstatement in furnishing information to
13    the Department.
14        (2) Violations of this Act, or the rules adopted under
15    this Act.
16        (3) Conviction by plea of guilty or nolo contendere,
17    finding of guilt, jury verdict, or entry of judgment or
18    sentencing, including, but not limited to, convictions,
19    preceding sentences of supervision, conditional discharge,
20    or first offender probation, under the laws of any
21    jurisdiction of the United States that is: (i) a felony;
22    or (ii) a misdemeanor, an essential element of which is
23    dishonesty, or that is directly related to the practice of
24    the profession.
25        (4) Making any misrepresentation for the purpose of

 

 

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1    obtaining licenses.
2        (5) Professional incompetence.
3        (6) Aiding or assisting another person in violating
4    any provision of this Act or its rules.
5        (7) Failing, within 60 days, to provide information in
6    response to a written request made by the Department.
7        (8) Engaging in dishonorable, unethical, or
8    unprofessional conduct, as defined by rule, of a character
9    likely to deceive, defraud, or harm the public.
10        (9) Habitual or excessive use or addiction to alcohol,
11    narcotics, stimulants, or any other chemical agent or drug
12    that results in a midwife's inability to practice with
13    reasonable judgment, skill, or safety.
14        (10) Discipline by another U.S. jurisdiction or
15    foreign nation, if at least one of the grounds for
16    discipline is the same or substantially equivalent to
17    those set forth in this Section.
18        (11) Directly or indirectly giving to or receiving
19    from any person, firm, corporation, partnership, or
20    association any fee, commission, rebate or other form of
21    compensation for any professional services not actually or
22    personally rendered. Nothing in this paragraph affects any
23    bona fide independent contractor or employment
24    arrangements, including provisions for compensation,
25    health insurance, pension, or other employment benefits,
26    with persons or entities authorized under this Act for the

 

 

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1    provision of services within the scope of the licensee's
2    practice under this Act.
3        (12) A finding by the Department that the licensee,
4    after having his or her license placed on probationary
5    status, has violated the terms of probation.
6        (13) Abandonment of a patient.
7        (14) Willfully making or filing false records or
8    reports in his or her practice, including, but not limited
9    to, false records filed with state agencies or
10    departments.
11        (15) Willfully failing to report an instance of
12    suspected child abuse or neglect as required by the Abused
13    and Neglected Child Reporting Act.
14        (16) Physical illness, or mental illness or impairment
15    that results in the inability to practice the profession
16    with reasonable judgment, skill, or safety, including, but
17    not limited to, deterioration through the aging process or
18    loss of motor skill.
19        (17) Being named as a perpetrator in an indicated
20    report by the Department of Children and Family Services
21    under the Abused and Neglected Child Reporting Act, and
22    upon proof by clear and convincing evidence that the
23    licensee has caused a child to be an abused child or
24    neglected child as defined in the Abused and Neglected
25    Child Reporting Act.
26        (18) Gross negligence resulting in permanent injury or

 

 

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1    death of a patient.
2        (19) Employment of fraud, deception, or any unlawful
3    means in applying for or securing a license as a licensed
4    certified profession midwife.
5        (21) Immoral conduct in the commission of any act,
6    including sexual abuse, sexual misconduct, or sexual
7    exploitation related to the licensee's practice.
8        (22) Violation of the Health Care Worker Self-Referral
9    Act.
10        (23) Practicing under a false or assumed name, except
11    as provided by law.
12        (24) Making a false or misleading statement regarding
13    his or her skill or the efficacy or value of the medicine,
14    treatment, or remedy prescribed by him or her in the
15    course of treatment.
16        (25) Allowing another person to use his or her license
17    to practice.
18        (26) Prescribing, selling, administering,
19    distributing, giving, or self-administering a drug
20    classified as a controlled substance for purposes other
21    than medically-accepted therapeutic purposes.
22        (27) Promotion of the sale of drugs, devices,
23    appliances, or goods provided for a patient in a manner to
24    exploit the patient for financial gain.
25        (28) A pattern of practice or other behavior that
26    demonstrates incapacity or incompetence to practice under

 

 

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1    this Act.
2        (29) Violating State or federal laws, rules, or
3    regulations relating to controlled substances or other
4    legend drugs or ephedra as defined in the Ephedra
5    Prohibition Act.
6        (30) Failure to establish and maintain records of
7    patient care and treatment as required by law.
8        (31) Attempting to subvert or cheat on the examination
9    of the North American Registry of Midwives or its
10    successor agency.
11        (32) Willfully or negligently violating the
12    confidentiality between licensed certified professional
13    profession midwives and patient, except as required by
14    law.
15        (33) Willfully failing to report an instance of
16    suspected abuse, neglect, financial exploitation, or
17    self-neglect of an eligible adult as defined in and
18    required by the Adult Protective Services Act.
19        (34) Being named as an abuser in a verified report by
20    the Department on Aging under the Adult Protective
21    Services Act and upon proof by clear and convincing
22    evidence that the licensee abused, neglected, or
23    financially exploited an eligible adult as defined in the
24    Adult Protective Services Act.
25        (35) Failure to report to the Department an adverse
26    final action taken against him or her by another licensing

 

 

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1    jurisdiction of the United States or a foreign state or
2    country, a peer review body, a health care institution, a
3    professional society or association, a governmental
4    agency, a law enforcement agency, or a court.
5        (36) Failure to provide copies of records of patient
6    care or treatment, except as required by law.
7        (37) Failure of a licensee to report to the Department
8    surrender by the licensee of a license or authorization to
9    practice in another state or jurisdiction or current
10    surrender by the licensee of membership professional
11    association or society while under disciplinary
12    investigation by any of those authorities or bodies for
13    acts or conduct similar to acts or conduct that would
14    constitute grounds for action under this Section.
15        (38) Failing, within 90 days, to provide a response to
16    a request for information in response to a written request
17    made by the Department by certified or registered mail or
18    by email to the email address of record.
19        (39) Failure to supervise a midwife assistant or
20    student midwife including, but not limited to, allowing a
21    midwife assistant or student midwife to exceed their
22    scope.
23        (40) Failure to adequately inform a patient about
24    their malpractice liability insurance coverage and the
25    policy limits of the coverage.
26        (41) Failure to submit an annual report to the

 

 

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1    Department of Public Health.
2        (42) Failure to disclose active cardiopulmonary
3    resuscitation certification or neonatal resuscitation
4    provider status to clients.
5        (43) Engaging in one of the prohibited practices
6    provided for in Section 85 of this Act.
7    (a-1) The Department shall not revoke, suspend, summarily
8suspend, place on prohibition, reprimand, refuse to issue or
9renew, or take any other disciplinary or non-disciplinary
10action against the license or permit issued under this Act to
11practice as a certified professional midwife based solely upon
12the certified professional midwife authorizing, recommending,
13aiding, assisting, referring for, or otherwise participating
14in any health care service, so long as the care was otherwise
15performed in accordance with the laws of this State,
16regardless of whether the patient was a resident of this State
17or another state.
18    (a-2) The Department shall not revoke, suspend, summarily
19suspend, place on prohibition, reprimand, refuse to issue or
20renew, or take any other disciplinary or non-disciplinary
21action against the license or permit issued under this Act to
22practice as a certified professional midwife based upon the
23certified professional midwife's license being revoked or
24suspended, or the certified professional midwife being
25otherwise disciplined by any other state, if that revocation,
26suspension, or other form of discipline was based solely on

 

 

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1the certified professional midwife violating another state's
2laws prohibiting the provision of, authorization of,
3recommendation of, aiding or assisting in, referring for, or
4participation in any health care service if that health care
5service as provided would have been lawful and consistent with
6the standards of conduct for the certified professional
7midwife if it occurred in Illinois.
8    (a-3) The conduct specified in subsection (b-1) or (b-2)
9shall not constitute grounds for suspension under Section 120.
10    (a-4) An applicant seeking licensure, certification, or
11authorization pursuant to this Act who has been subject to
12disciplinary action by a duly authorized professional
13disciplinary agency of another jurisdiction solely on the
14basis of having authorized, recommended, aided, assisted,
15referred for, or otherwise participated in health care shall
16not be denied such licensure, certification, or authorization,
17unless the Department determines that such action would have
18constituted professional misconduct in this State; provided
19however, that nothing in this Section shall be construed as
20prohibiting the Department from evaluating the conduct of such
21applicant and making a determination regarding the licensure,
22certification, or authorization to practice a profession under
23this Act.
24    (b) The Department may, without a hearing, refuse to issue
25or renew or may suspend the license of any person who fails to
26file a return, or to pay the tax, penalty, or interest shown in

 

 

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1a filed return, or to pay any final assessment of the tax,
2penalty, or interest as required by any tax Act administered
3by the Department of Revenue, until the requirements of any
4such tax Act are satisfied.
5    (c) The determination by a circuit court that a licensee
6is subject to involuntary admission or judicial admission as
7provided in the Mental Health and Developmental Disabilities
8Code operates as an automatic suspension. The suspension will
9end only upon a finding by a court that the patient is no
10longer subject to involuntary admission or judicial admission
11and issues an order so finding and discharging the patient,
12and upon the recommendation of the Board to the Secretary that
13the licensee be allowed to resume his or her practice.
14    (d) In enforcing this Section, the Department, upon a
15showing of a possible violation, may compel an individual
16licensed to practice under this Act, or who has applied for
17licensure under this Act, to submit to a mental or physical
18examination, or both, including a substance abuse or sexual
19offender evaluation, as required by and at the expense of the
20Department.
21    The Department shall specifically designate the examining
22physician licensed to practice medicine in all of its branches
23or, if applicable, the multidisciplinary team involved in
24providing the mental or physical examination or both. The
25multidisciplinary team shall be led by a physician licensed to
26practice medicine in all of its branches and may consist of one

 

 

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1or more or a combination of physicians licensed to practice
2medicine in all of its branches, licensed clinical
3psychologists, licensed clinical social workers, licensed
4clinical professional counselors, and other professional and
5administrative staff. Any examining physician or member of the
6multidisciplinary team may require any person ordered to
7submit to an examination pursuant to this Section to submit to
8any additional supplemental testing deemed necessary to
9complete any examination or evaluation process, including, but
10not limited to, blood testing, urinalysis, psychological
11testing, or neuropsychological testing.
12    The Department may order the examining physician or any
13member of the multidisciplinary team to provide to the
14Department any and all records, including business records,
15that relate to the examination and evaluation, including any
16supplemental testing performed.
17    The Department may order the examining physician or any
18member of the multidisciplinary team to present testimony
19concerning the mental or physical examination of the licensee
20or applicant. No information, report, record, or other
21documents in any way related to the examination shall be
22excluded by reason of any common law or statutory privilege
23relating to communications between the licensee or applicant
24and the examining physician or any member of the
25multidisciplinary team. No authorization is necessary from the
26licensee or applicant ordered to undergo an examination for

 

 

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1the examining physician or any member of the multidisciplinary
2team to provide information, reports, records, or other
3documents or to provide any testimony regarding the
4examination and evaluation.
5    The individual to be examined may have, at his or her own
6expense, another physician of his or her choice present during
7all aspects of this examination. However, that physician shall
8be present only to observe and may not interfere in any way
9with the examination.
10    Failure of an individual to submit to a mental or physical
11examination, when ordered, shall result in an automatic
12suspension of his or her license until the individual submits
13to the examination.
14    If the Department finds an individual unable to practice
15because of the reasons set forth in this Section, the
16Department may require that individual to submit to care,
17counseling, or treatment by physicians approved or designated
18by the Department, as a condition, term, or restriction for
19continued, reinstated, or renewed licensure to practice; or,
20in lieu of care, counseling, or treatment, the Department may
21file a complaint to immediately suspend, revoke, or otherwise
22discipline the license of the individual. An individual whose
23license was granted, continued, reinstated, renewed,
24disciplined, or supervised subject to such terms, conditions,
25or restrictions, and who fails to comply with such terms,
26conditions, or restrictions, shall be referred to the

 

 

10200SB3799ham001- 169 -LRB102 24687 LNS 42448 a

1Secretary for a determination as to whether the individual
2shall have his or her license suspended immediately, pending a
3hearing by the Department.
4    In instances in which the Secretary immediately suspends a
5person's license under this Section, a hearing on that
6person's license must be convened by the Department within 30
7days after the suspension and completed without appreciable
8delay. The Department shall have the authority to review the
9subject individual's record of treatment and counseling
10regarding the impairment to the extent permitted by applicable
11federal statutes and regulations safeguarding the
12confidentiality of medical records.
13    An individual licensed under this Act and affected under
14this Section shall be afforded an opportunity to demonstrate
15to the Department that he or she can resume practice in
16compliance with acceptable and prevailing standards under the
17provisions of his or her license.
18    (e) The Department may adopt rules to implement the
19changes made by this amendatory Act of the 102nd General
20Assembly.
21(Source: P.A. 102-683, eff. 10-1-22.)
 
22    Section 9-50. The Professional Counselor and Clinical
23Professional Counselor Licensing and Practice Act is amended
24by changing Section 80 as follows:
 

 

 

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1    (225 ILCS 107/80)
2    (Section scheduled to be repealed on January 1, 2028)
3    Sec. 80. Grounds for discipline.
4    (a) The Department may refuse to issue, renew, or may
5revoke, suspend, place on probation, reprimand, or take other
6disciplinary or non-disciplinary action as the Department
7deems appropriate, including the issuance of fines not to
8exceed $10,000 for each violation, with regard to any license
9for any one or more of the following:
10        (1) Material misstatement in furnishing information to
11    the Department or to any other State agency.
12        (2) Violations or negligent or intentional disregard
13    of this Act or rules adopted under this Act.
14        (3) Conviction by plea of guilty or nolo contendere,
15    finding of guilt, jury verdict, or entry of judgment or by
16    sentencing of any crime, including, but not limited to,
17    convictions, preceding sentences of supervision,
18    conditional discharge, or first offender probation, under
19    the laws of any jurisdiction of the United States: (i)
20    that is a felony or (ii) that is a misdemeanor, an
21    essential element of which is dishonesty, or that is
22    directly related to the practice of the profession.
23        (4) Fraud or any misrepresentation in applying for or
24    procuring a license under this Act or in connection with
25    applying for renewal of a license under this Act.
26        (5) Professional incompetence or gross negligence in

 

 

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1    the rendering of professional counseling or clinical
2    professional counseling services.
3        (6) Malpractice.
4        (7) Aiding or assisting another person in violating
5    any provision of this Act or any rules.
6        (8) Failing to provide information within 60 days in
7    response to a written request made by the Department.
8        (9) Engaging in dishonorable, unethical, or
9    unprofessional conduct of a character likely to deceive,
10    defraud, or harm the public and violating the rules of
11    professional conduct adopted by the Department.
12        (10) Habitual or excessive use or abuse of drugs as
13    defined in law as controlled substances, alcohol, or any
14    other substance which results in inability to practice
15    with reasonable skill, judgment, or safety.
16        (11) Discipline by another jurisdiction, the District
17    of Columbia, territory, county, or governmental agency, if
18    at least one of the grounds for the discipline is the same
19    or substantially equivalent to those set forth in this
20    Section.
21        (12) Directly or indirectly giving to or receiving
22    from any person, firm, corporation, partnership, or
23    association any fee, commission, rebate or other form of
24    compensation for any professional service not actually
25    rendered. Nothing in this paragraph (12) affects any bona
26    fide independent contractor or employment arrangements

 

 

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1    among health care professionals, health facilities, health
2    care providers, or other entities, except as otherwise
3    prohibited by law. Any employment arrangements may include
4    provisions for compensation, health insurance, pension, or
5    other employment benefits for the provision of services
6    within the scope of the licensee's practice under this
7    Act. Nothing in this paragraph (12) shall be construed to
8    require an employment arrangement to receive professional
9    fees for services rendered.
10        (13) A finding by the Board that the licensee, after
11    having the license placed on probationary status, has
12    violated the terms of probation.
13        (14) Abandonment of a client.
14        (15) Willfully filing false reports relating to a
15    licensee's practice, including but not limited to false
16    records filed with federal or State agencies or
17    departments.
18        (16) Willfully failing to report an instance of
19    suspected child abuse or neglect as required by the Abused
20    and Neglected Child Reporting Act and in matters
21    pertaining to suspected abuse, neglect, financial
22    exploitation, or self-neglect of adults with disabilities
23    and older adults as set forth in the Adult Protective
24    Services Act.
25        (17) Being named as a perpetrator in an indicated
26    report by the Department of Children and Family Services

 

 

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1    pursuant to the Abused and Neglected Child Reporting Act,
2    and upon proof by clear and convincing evidence that the
3    licensee has caused a child to be an abused child or
4    neglected child as defined in the Abused and Neglected
5    Child Reporting Act.
6        (18) Physical or mental illness or disability,
7    including, but not limited to, deterioration through the
8    aging process or loss of abilities and skills which
9    results in the inability to practice the profession with
10    reasonable judgment, skill, or safety.
11        (19) Solicitation of professional services by using
12    false or misleading advertising.
13        (20) Allowing one's license under this Act to be used
14    by an unlicensed person in violation of this Act.
15        (21) A finding that licensure has been applied for or
16    obtained by fraudulent means.
17        (22) Practicing under a false or, except as provided
18    by law, an assumed name.
19        (23) Gross and willful overcharging for professional
20    services including filing statements for collection of
21    fees or monies for which services are not rendered.
22        (24) Rendering professional counseling or clinical
23    professional counseling services without a license or
24    practicing outside the scope of a license.
25        (25) Clinical supervisors failing to adequately and
26    responsibly monitor supervisees.

 

 

10200SB3799ham001- 174 -LRB102 24687 LNS 42448 a

1    All fines imposed under this Section shall be paid within
260 days after the effective date of the order imposing the
3fine.
4    (b) (Blank).
5    (b-1) The Department shall not revoke, suspend, summarily
6suspend, place on prohibition, reprimand, refuse to issue or
7renew, or take any other disciplinary or non-disciplinary
8action against the license or permit issued under this Act to
9practice as a professional counselor or clinical professional
10counselor based solely upon the professional counselor or
11clinical professional counselor authorizing, recommending,
12aiding, assisting, referring for, or otherwise participating
13in any health care service, so long as the care was otherwise
14performed in accordance with the laws of this State,
15regardless of whether the patient was a resident of this State
16or another state.
17    (b-2) The Department shall not revoke, suspend, summarily
18suspend, place on prohibition, reprimand, refuse to issue or
19renew, or take any other disciplinary or non-disciplinary
20action against the license or permit issued under this Act to
21practice as a professional counselor or clinical professional
22counselor based upon the professional counselor's or clinical
23professional counselor's license being revoked or suspended,
24or the professional counselor or clinical professional
25counselor being otherwise disciplined by any other state, if
26that revocation, suspension, or other form of discipline was

 

 

10200SB3799ham001- 175 -LRB102 24687 LNS 42448 a

1based solely on the professional counselor or clinical
2professional counselor violating another state's laws
3prohibiting the provision of, authorization of, recommendation
4of, aiding or assisting in, referring for, or participation in
5any health care service if that health care service as
6provided would have been lawful and consistent with the
7standards of conduct for the professional counselor or
8clinical professional counselor if it occurred in Illinois.
9    (b-3) The conduct specified in subsection (b-1) or (b-2)
10shall not constitute grounds for suspension under Section 145.
11    (b-4) An applicant seeking licensure, certification, or
12authorization pursuant to this Act who has been subject to
13disciplinary action by a duly authorized professional
14disciplinary agency of another jurisdiction solely on the
15basis of having authorized, recommended, aided, assisted,
16referred for, or otherwise participated in health care shall
17not be denied such licensure, certification, or authorization,
18unless the Department determines that such action would have
19constituted professional misconduct in this State; provided
20however, that nothing in this Section shall be construed as
21prohibiting the Department from evaluating the conduct of such
22applicant and making a determination regarding the licensure,
23certification, or authorization to practice a profession under
24this Act.
25    (b-5) The Department may refuse to issue or may suspend
26without hearing, as provided for in the Code of Civil

 

 

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1Procedure, the license of any person who fails to file a
2return, pay the tax, penalty, or interest shown in a filed
3return, or pay any final assessment of the tax, penalty, or
4interest as required by any tax Act administered by the
5Illinois Department of Revenue, until such time as the
6requirements of any such tax Act are satisfied in accordance
7with subsection (g) of Section 2105-15 of the Department of
8Professional Regulation Law of the Civil Administrative Code
9of Illinois.
10    (b-10) In cases where the Department of Healthcare and
11Family Services has previously determined a licensee or a
12potential licensee is more than 30 days delinquent in the
13payment of child support and has subsequently certified the
14delinquency to the Department, the Department may refuse to
15issue or renew or may revoke or suspend that person's license
16or may take other disciplinary action against that person
17based solely upon the certification of delinquency made by the
18Department of Healthcare and Family Services in accordance
19with item (5) of subsection (a) of Section 2105-15 of the
20Department of Professional Regulation Law of the Civil
21Administrative Code of Illinois.
22    (c) The determination by a court that a licensee is
23subject to involuntary admission or judicial admission as
24provided in the Mental Health and Developmental Disabilities
25Code will result in an automatic suspension of his or her
26license. The suspension will end upon a finding by a court that

 

 

10200SB3799ham001- 177 -LRB102 24687 LNS 42448 a

1the licensee is no longer subject to involuntary admission or
2judicial admission, the issuance of an order so finding and
3discharging the patient, and the recommendation of the Board
4to the Secretary that the licensee be allowed to resume
5professional practice.
6    (c-5) In enforcing this Act, the Department, upon a
7showing of a possible violation, may compel an individual
8licensed to practice under this Act, or who has applied for
9licensure under this Act, to submit to a mental or physical
10examination, or both, as required by and at the expense of the
11Department. The Department may order the examining physician
12to present testimony concerning the mental or physical
13examination of the licensee or applicant. No information shall
14be excluded by reason of any common law or statutory privilege
15relating to communications between the licensee or applicant
16and the examining physician. The examining physicians shall be
17specifically designated by the Department. The individual to
18be examined may have, at his or her own expense, another
19physician of his or her choice present during all aspects of
20this examination. The examination shall be performed by a
21physician licensed to practice medicine in all its branches.
22Failure of an individual to submit to a mental or physical
23examination, when directed, shall result in an automatic
24suspension without hearing.
25    All substance-related violations shall mandate an
26automatic substance abuse assessment. Failure to submit to an

 

 

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1assessment by a licensed physician who is certified as an
2addictionist or an advanced practice registered nurse with
3specialty certification in addictions may be grounds for an
4automatic suspension.
5    If the Department finds an individual unable to practice
6or unfit for duty because of the reasons set forth in this
7subsection (c-5), the Department may require that individual
8to submit to a substance abuse evaluation or treatment by
9individuals or programs approved or designated by the
10Department, as a condition, term, or restriction for
11continued, restored, or renewed licensure to practice; or, in
12lieu of evaluation or treatment, the Department may file, or
13the Board may recommend to the Department to file, a complaint
14to immediately suspend, revoke, or otherwise discipline the
15license of the individual. An individual whose license was
16granted, continued, restored, renewed, disciplined, or
17supervised subject to such terms, conditions, or restrictions,
18and who fails to comply with such terms, conditions, or
19restrictions, shall be referred to the Secretary for a
20determination as to whether the individual shall have his or
21her license suspended immediately, pending a hearing by the
22Department.
23    A person holding a license under this Act or who has
24applied for a license under this Act who, because of a physical
25or mental illness or disability, including, but not limited
26to, deterioration through the aging process or loss of motor

 

 

10200SB3799ham001- 179 -LRB102 24687 LNS 42448 a

1skill, is unable to practice the profession with reasonable
2judgment, skill, or safety, may be required by the Department
3to submit to care, counseling, or treatment by physicians
4approved or designated by the Department as a condition, term,
5or restriction for continued, reinstated, or renewed licensure
6to practice. Submission to care, counseling, or treatment as
7required by the Department shall not be considered discipline
8of a license. If the licensee refuses to enter into a care,
9counseling, or treatment agreement or fails to abide by the
10terms of the agreement, the Department may file a complaint to
11revoke, suspend, or otherwise discipline the license of the
12individual. The Secretary may order the license suspended
13immediately, pending a hearing by the Department. Fines shall
14not be assessed in disciplinary actions involving physical or
15mental illness or impairment.
16    In instances in which the Secretary immediately suspends a
17person's license under this Section, a hearing on that
18person's license must be convened by the Department within 15
19days after the suspension and completed without appreciable
20delay. The Department shall have the authority to review the
21subject individual's record of treatment and counseling
22regarding the impairment to the extent permitted by applicable
23federal statutes and regulations safeguarding the
24confidentiality of medical records.
25    An individual licensed under this Act and affected under
26this Section shall be afforded an opportunity to demonstrate

 

 

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1to the Department that he or she can resume practice in
2compliance with acceptable and prevailing standards under the
3provisions of his or her license.
4    (d) (Blank).
5    (e) The Department may adopt rules to implement the
6changes made by this amendatory Act of the 102nd General
7Assembly.
8(Source: P.A. 102-878, eff. 1-1-23.)
 
9    Section 9-55. The Registered Surgical Assistant and
10Registered Surgical Technologist Title Protection Act is
11amended by changing Section 75 as follows:
 
12    (225 ILCS 130/75)
13    (Section scheduled to be repealed on January 1, 2024)
14    Sec. 75. Grounds for disciplinary action.
15    (a) The Department may refuse to issue, renew, or restore
16a registration, may revoke or suspend a registration, or may
17place on probation, reprimand, or take other disciplinary or
18non-disciplinary action with regard to a person registered
19under this Act, including but not limited to the imposition of
20fines not to exceed $10,000 for each violation and the
21assessment of costs as provided for in Section 90, for any one
22or combination of the following causes:
23        (1) Making a material misstatement in furnishing
24    information to the Department.

 

 

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1        (2) Violating a provision of this Act or rules adopted
2    under this Act.
3        (3) Conviction by plea of guilty or nolo contendere,
4    finding of guilt, jury verdict, or entry of judgment or by
5    sentencing of any crime, including, but not limited to,
6    convictions, preceding sentences of supervision,
7    conditional discharge, or first offender probation, under
8    the laws of any jurisdiction of the United States that is
9    (i) a felony or (ii) a misdemeanor, an essential element
10    of which is dishonesty, or that is directly related to the
11    practice of the profession.
12        (4) Fraud or misrepresentation in applying for,
13    renewing, restoring, reinstating, or procuring a
14    registration under this Act.
15        (5) Aiding or assisting another person in violating a
16    provision of this Act or its rules.
17        (6) Failing to provide information within 60 days in
18    response to a written request made by the Department.
19        (7) Engaging in dishonorable, unethical, or
20    unprofessional conduct of a character likely to deceive,
21    defraud, or harm the public, as defined by rule of the
22    Department.
23        (8) Discipline by another United States jurisdiction,
24    governmental agency, unit of government, or foreign
25    nation, if at least one of the grounds for discipline is
26    the same or substantially equivalent to those set forth in

 

 

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1    this Section.
2        (9) Directly or indirectly giving to or receiving from
3    a person, firm, corporation, partnership, or association a
4    fee, commission, rebate, or other form of compensation for
5    professional services not actually or personally rendered.
6    Nothing in this paragraph (9) affects any bona fide
7    independent contractor or employment arrangements among
8    health care professionals, health facilities, health care
9    providers, or other entities, except as otherwise
10    prohibited by law. Any employment arrangements may include
11    provisions for compensation, health insurance, pension, or
12    other employment benefits for the provision of services
13    within the scope of the registrant's practice under this
14    Act. Nothing in this paragraph (9) shall be construed to
15    require an employment arrangement to receive professional
16    fees for services rendered.
17        (10) A finding by the Department that the registrant,
18    after having his or her registration placed on
19    probationary status, has violated the terms of probation.
20        (11) Willfully making or filing false records or
21    reports in his or her practice, including but not limited
22    to false records or reports filed with State agencies.
23        (12) Willfully making or signing a false statement,
24    certificate, or affidavit to induce payment.
25        (13) Willfully failing to report an instance of
26    suspected child abuse or neglect as required under the

 

 

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1    Abused and Neglected Child Reporting Act.
2        (14) Being named as a perpetrator in an indicated
3    report by the Department of Children and Family Services
4    under the Abused and Neglected Child Reporting Act and
5    upon proof by clear and convincing evidence that the
6    registrant has caused a child to be an abused child or
7    neglected child as defined in the Abused and Neglected
8    Child Reporting Act.
9        (15) (Blank).
10        (16) Failure to report to the Department (A) any
11    adverse final action taken against the registrant by
12    another registering or licensing jurisdiction, government
13    agency, law enforcement agency, or any court or (B)
14    liability for conduct that would constitute grounds for
15    action as set forth in this Section.
16        (17) Habitual or excessive use or abuse of drugs
17    defined in law as controlled substances, alcohol, or any
18    other substance that results in the inability to practice
19    with reasonable judgment, skill, or safety.
20        (18) Physical or mental illness, including but not
21    limited to deterioration through the aging process or loss
22    of motor skills, which results in the inability to
23    practice the profession for which he or she is registered
24    with reasonable judgment, skill, or safety.
25        (19) Gross malpractice.
26        (20) Immoral conduct in the commission of an act

 

 

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1    related to the registrant's practice, including but not
2    limited to sexual abuse, sexual misconduct, or sexual
3    exploitation.
4        (21) Violation of the Health Care Worker Self-Referral
5    Act.
6    (a-1) The Department shall not revoke, suspend, summarily
7suspend, place on prohibition, reprimand, refuse to issue or
8renew, or take any other disciplinary or non-disciplinary
9action against the license or permit issued under this Act to
10practice as a surgical assistant or surgical technologist
11based solely upon the surgical assistant or surgical
12technologist authorizing, recommending, aiding, assisting,
13referring for, or otherwise participating in any health care
14service, so long as the care was otherwise performed in
15accordance with the laws of this State, regardless of whether
16the patient was a resident of this State or another state.
17    (a-2) The Department shall not revoke, suspend, summarily
18suspend, place on prohibition, reprimand, refuse to issue or
19renew, or take any other disciplinary or non-disciplinary
20action against the license or permit issued under this Act to
21practice as a surgical assistant or surgical technologist
22based upon the surgical assistant's or surgical technologist's
23license being revoked or suspended, or the surgical assistant
24or surgical technologist being otherwise disciplined by any
25other state, if that revocation, suspension, or other form of
26discipline was based solely on the surgical assistant or

 

 

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1surgical technologist violating another state's laws
2prohibiting the provision of, authorization of, recommendation
3of, aiding or assisting in, referring for, or participation in
4any health care service if that health care service as
5provided would have been lawful and consistent with the
6standards of conduct for the surgical assistant or surgical
7technologist if it occurred in Illinois.
8    (a-3) The conduct specified in subsection (b-1) or (b-2)
9shall not constitute grounds for suspension under Section 145.
10    (a-4) An applicant seeking licensure, certification, or
11authorization pursuant to this Act who has been subject to
12disciplinary action by a duly authorized professional
13disciplinary agency of another jurisdiction solely on the
14basis of having authorized, recommended, aided, assisted,
15referred for, or otherwise participated in health care shall
16not be denied such licensure, certification, or authorization,
17unless the Department determines that such action would have
18constituted professional misconduct in this State; provided
19however, that nothing in this Section shall be construed as
20prohibiting the Department from evaluating the conduct of such
21applicant and making a determination regarding the licensure,
22certification, or authorization to practice a profession under
23this Act.
24    (b) The Department may refuse to issue or may suspend
25without hearing the registration of a person who fails to file
26a return, to pay the tax, penalty, or interest shown in a filed

 

 

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1return, or to pay a final assessment of the tax, penalty, or
2interest as required by a tax Act administered by the
3Department of Revenue, until the requirements of the tax Act
4are satisfied in accordance with subsection (g) of Section
52105-15 of the Department of Regulation Law of the Civil
6Administrative Code of Illinois.
7    (c) The determination by a circuit court that a registrant
8is subject to involuntary admission or judicial admission as
9provided in the Mental Health and Developmental Disabilities
10Code operates as an automatic suspension. The suspension will
11end only upon (1) a finding by a court that the patient is no
12longer subject to involuntary admission or judicial admission,
13(2) issuance of an order so finding and discharging the
14patient, and (3) filing of a petition for restoration
15demonstrating fitness to practice.
16    (d) (Blank).
17    (e) In cases where the Department of Healthcare and Family
18Services has previously determined a registrant or a potential
19registrant is more than 30 days delinquent in the payment of
20child support and has subsequently certified the delinquency
21to the Department, the Department may refuse to issue or renew
22or may revoke or suspend that person's registration or may
23take other disciplinary action against that person based
24solely upon the certification of delinquency made by the
25Department of Healthcare and Family Services in accordance
26with paragraph (5) of subsection (a) of Section 2105-15 of the

 

 

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1Department of Professional Regulation Law of the Civil
2Administrative Code of Illinois.
3    (f) In enforcing this Section, the Department, upon a
4showing of a possible violation, may compel any individual
5registered under this Act or any individual who has applied
6for registration to submit to a mental or physical examination
7and evaluation, or both, that may include a substance abuse or
8sexual offender evaluation, at the expense of the Department.
9The Department shall specifically designate the examining
10physician licensed to practice medicine in all of its branches
11or, if applicable, the multidisciplinary team involved in
12providing the mental or physical examination and evaluation,
13or both. The multidisciplinary team shall be led by a
14physician licensed to practice medicine in all of its branches
15and may consist of one or more or a combination of physicians
16licensed to practice medicine in all of its branches, licensed
17chiropractic physicians, licensed clinical psychologists,
18licensed clinical social workers, licensed clinical
19professional counselors, and other professional and
20administrative staff. Any examining physician or member of the
21multidisciplinary team may require any person ordered to
22submit to an examination and evaluation pursuant to this
23Section to submit to any additional supplemental testing
24deemed necessary to complete any examination or evaluation
25process, including, but not limited to, blood testing,
26urinalysis, psychological testing, or neuropsychological

 

 

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1testing.
2    The Department may order the examining physician or any
3member of the multidisciplinary team to provide to the
4Department any and all records, including business records,
5that relate to the examination and evaluation, including any
6supplemental testing performed. The Department may order the
7examining physician or any member of the multidisciplinary
8team to present testimony concerning this examination and
9evaluation of the registrant or applicant, including testimony
10concerning any supplemental testing or documents relating to
11the examination and evaluation. No information, report,
12record, or other documents in any way related to the
13examination and evaluation shall be excluded by reason of any
14common law or statutory privilege relating to communication
15between the registrant or applicant and the examining
16physician or any member of the multidisciplinary team. No
17authorization is necessary from the registrant or applicant
18ordered to undergo an evaluation and examination for the
19examining physician or any member of the multidisciplinary
20team to provide information, reports, records, or other
21documents or to provide any testimony regarding the
22examination and evaluation. The individual to be examined may
23have, at his or her own expense, another physician of his or
24her choice present during all aspects of the examination.
25    Failure of any individual to submit to mental or physical
26examination and evaluation, or both, when directed, shall

 

 

10200SB3799ham001- 189 -LRB102 24687 LNS 42448 a

1result in an automatic suspension without a hearing until such
2time as the individual submits to the examination. If the
3Department finds a registrant unable to practice because of
4the reasons set forth in this Section, the Department shall
5require such registrant to submit to care, counseling, or
6treatment by physicians approved or designated by the
7Department as a condition for continued, reinstated, or
8renewed registration.
9    When the Secretary immediately suspends a registration
10under this Section, a hearing upon such person's registration
11must be convened by the Department within 15 days after such
12suspension and completed without appreciable delay. The
13Department shall have the authority to review the registrant's
14record of treatment and counseling regarding the impairment to
15the extent permitted by applicable federal statutes and
16regulations safeguarding the confidentiality of medical
17records.
18    Individuals registered under this Act and affected under
19this Section shall be afforded an opportunity to demonstrate
20to the Department that they can resume practice in compliance
21with acceptable and prevailing standards under the provisions
22of their registration.
23    (g) All fines imposed under this Section shall be paid
24within 60 days after the effective date of the order imposing
25the fine or in accordance with the terms set forth in the order
26imposing the fine.

 

 

10200SB3799ham001- 190 -LRB102 24687 LNS 42448 a

1    (h) The Department may adopt rules to implement the
2changes made by this amendatory Act of the 102nd General
3Assembly.
4(Source: P.A. 100-872, eff. 8-14-18.)
 
5
Article 10

 
6    Section 10-5. The Medical Practice Act of 1987 is amended
7by changing Section 2 and by adding Section 66 as follows:
 
8    (225 ILCS 60/2)  (from Ch. 111, par. 4400-2)
9    (Section scheduled to be repealed on January 1, 2027)
10    Sec. 2. Definitions. For purposes of this Act, the
11following definitions shall have the following meanings,
12except where the context requires otherwise:
13    "Act" means the Medical Practice Act of 1987.
14    "Address of record" means the designated address recorded
15by the Department in the applicant's or licensee's application
16file or license file as maintained by the Department's
17licensure maintenance unit.
18    "Chiropractic physician" means a person licensed to treat
19human ailments without the use of drugs and without operative
20surgery. Nothing in this Act shall be construed to prohibit a
21chiropractic physician from providing advice regarding the use
22of non-prescription products or from administering atmospheric
23oxygen. Nothing in this Act shall be construed to authorize a

 

 

10200SB3799ham001- 191 -LRB102 24687 LNS 42448 a

1chiropractic physician to prescribe drugs.
2    "Department" means the Department of Financial and
3Professional Regulation.
4    "Disciplinary action" means revocation, suspension,
5probation, supervision, practice modification, reprimand,
6required education, fines or any other action taken by the
7Department against a person holding a license.
8    "Email address of record" means the designated email
9address recorded by the Department in the applicant's
10application file or the licensee's license file, as maintained
11by the Department's licensure maintenance unit.
12    "Final determination" means the governing body's final
13action taken under the procedure followed by a health care
14institution, or professional association or society, against
15any person licensed under the Act in accordance with the
16bylaws or rules and regulations of such health care
17institution, or professional association or society.
18    "Fund" means the Illinois State Medical Disciplinary Fund.
19    "Impaired" means the inability to practice medicine with
20reasonable skill and safety due to physical or mental
21disabilities as evidenced by a written determination or
22written consent based on clinical evidence including
23deterioration through the aging process or loss of motor
24skill, or abuse of drugs or alcohol, of sufficient degree to
25diminish a person's ability to deliver competent patient care.
26    "Medical Board" means the Illinois State Medical Board.

 

 

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1    "Physician" means a person licensed under the Medical
2Practice Act to practice medicine in all of its branches or a
3chiropractic physician.
4    "Professional association" means an association or society
5of persons licensed under this Act, and operating within the
6State of Illinois, including but not limited to, medical
7societies, osteopathic organizations, and chiropractic
8organizations, but this term shall not be deemed to include
9hospital medical staffs.
10    "Program of care, counseling, or treatment" means a
11written schedule of organized treatment, care, counseling,
12activities, or education, satisfactory to the Medical Board,
13designed for the purpose of restoring an impaired person to a
14condition whereby the impaired person can practice medicine
15with reasonable skill and safety of a sufficient degree to
16deliver competent patient care.
17    "Reinstate" means to change the status of a license or
18permit from inactive or nonrenewed status to active status.
19    "Restore" means to remove an encumbrance from a license or
20permit due to probation, suspension, or revocation.
21    "Secretary" means the Secretary of Financial and
22Professional Regulation.
23(Source: P.A. 102-20, eff. 1-1-22.)
 
24    (225 ILCS 60/66 new)
25    Sec. 66. Temporary permit for health care.

 

 

10200SB3799ham001- 193 -LRB102 24687 LNS 42448 a

1    (a) The Department may issue a temporary permit
2authorizing the practice in this State of health care, to an
3applicant who is licensed to practice medicine in another
4state, if all of the following apply:
5        (1) The Department determines that the applicant's
6    services will improve the welfare of Illinois residents
7    and non-residents requiring health care services.
8        (2) The applicant has graduated from a medical program
9    officially recognized by the jurisdiction in which it is
10    located for the purpose of receiving a license to practice
11    medicine in all of its branches, and maintains an
12    equivalent authorization to practice medicine in good
13    standing in the applicant's current state or territory of
14    licensure; and the applicant can furnish the Department
15    with a certified letter upon request from that
16    jurisdiction attesting to the fact that the applicant has
17    no pending action or violations against the applicant's
18    license.
19        The Department will not consider a physician license
20    being revoked or otherwise disciplined by any state or
21    territory based solely on the physician providing,
22    authorizing, recommending, aiding, assisting, referring
23    for, or otherwise participating in any health care service
24    that is unlawful or prohibited in that state or territory,
25    if the provision of, authorization of, or participation in
26    that health care, medical service, or procedure related to

 

 

10200SB3799ham001- 194 -LRB102 24687 LNS 42448 a

1    any health care service is not unlawful or prohibited in
2    this State.
3        (3) The applicant has sufficient training and
4    possesses the appropriate core competencies to provide
5    health care services, and is physically, mentally, and
6    professionally capable of practicing medicine with
7    reasonable judgment, skill, and safety and in accordance
8    with applicable standards of care.
9        (4) The applicant will be working pursuant to an
10    agreement with a sponsoring licensed hospital, medical
11    office, clinic, or other medical facility providing
12    abortion or other health care services. Such agreement
13    shall be executed by an authorized representative of the
14    licensed hospital, medical office, clinic, or other
15    medical facility, certifying that the physician holds an
16    active license and is in good standing in the state in
17    which the physician is licensed. If an applicant for a
18    temporary permit has been previously disciplined by
19    another jurisdiction, except as described in paragraph
20    (2), further review may be conducted pursuant to the Civil
21    Administrative Code and the Medical Practice Act of 1987.
22    The application shall include the physician's name,
23    contact information, state of licensure, and license
24    number.
25        (5) Payment of a $75 fee.
26    The sponsoring licensed hospital, medical office, clinic,

 

 

10200SB3799ham001- 195 -LRB102 24687 LNS 42448 a

1or other medical facility engaged in the agreement with the
2applicant shall notify the Department should the applicant at
3any point leave or become separate from the sponsor.
4    The Department may adopt rules pursuant to this Section.
5    (b) A temporary permit under this Section shall expire 2
6years after the date of issuance. The temporary permit may be
7renewed for a $45 fee for an additional 2 years. A holder of a
8temporary permit may only renew one time.
9    (c) The temporary permit shall only permit the holder to
10practice medicine within the scope of providing health care
11services at the location or locations specified on the permit.
12    (d) An application for the temporary permit shall be made
13to the Department, in writing, on forms prescribed by the
14Department, and shall be accompanied by a non-refundable fee
15of $75.
16    (e) An applicant for temporary permit may be requested to
17appear before the Board to respond to questions concerning the
18applicant's qualifications to receive the permit. An
19applicant's refusal to appear before the Illinois State
20Medical Board may be grounds for denial of the application by
21the Department.
22    (f) The Secretary may summarily cancel any temporary
23permit issued pursuant to this Section, without a hearing, if
24the Secretary finds that evidence in the Secretary's
25possession indicates that a permit holder's continuation in
26practice would constitute an imminent danger to the public or

 

 

10200SB3799ham001- 196 -LRB102 24687 LNS 42448 a

1violate any provision of the Medical Practice Act of 1987 or
2its rules.
3    If the Secretary summarily cancels a temporary permit
4issued pursuant to this Section or Act, the permit holder may
5petition the Department for a hearing in accordance with the
6provisions of Section 43 to restore the permit holder's
7permit, unless the permit holder has exceeded the permit
8holder's renewal limit.
9    (g) In addition to terminating any temporary permit issued
10pursuant to this Section or Act, the Department may issue a
11monetary penalty not to exceed $10,000 upon the temporary
12permit holder and may notify any state in which the temporary
13permit holder has been issued a permit that the temporary
14permit holder's Illinois permit has been terminated and the
15reasons for the termination. The monetary penalty shall be
16paid within 60 days after the effective date of the order
17imposing the penalty. The order shall constitute a judgment
18and may be filed and execution had thereon in the same manner
19as any judgment from any court of record. It is the intent of
20the General Assembly that a permit issued pursuant to this
21Section shall be considered a privilege and not a property
22right.
23    (h) While working in Illinois, all temporary permit
24holders are subject to all statutory and regulatory
25requirements of the Medical Practice Act of 1987 in the same
26manner as a licensee. Failure to adhere to all statutory and

 

 

10200SB3799ham001- 197 -LRB102 24687 LNS 42448 a

1regulatory requirements may result in revocation or other
2discipline of the temporary permit.
3    (i) If the Department becomes aware of a violation
4occurring at the licensed hospital, medical office, clinic, or
5other medical facility, the Department shall notify the
6Department of Public Health.
7    (j) The Department may adopt emergency rules pursuant to
8this Section. The General Assembly finds that the adoption of
9rules to implement a temporary permit for health care services
10is deemed an emergency and necessary for the public interest,
11safety, and welfare.
 
12    Section 10-10. The Nurse Practice Act is amended by adding
13Sections 65-11 and 65-11.5 as follows:
 
14    (225 ILCS 65/65-11 new)
15    Sec. 65-11. Temporary permit for advanced practice
16registered nurses for health care.
17    (a) The Department may issue a temporary permit to
18advanced practice registered nurses authorizing the practice,
19with a collaborating physician, in this State of health care,
20to an applicant who is licensed to practice as an advanced
21practice registered nurse in another state, if all of the
22following apply:
23        (1) The Department determines that the applicant's
24    services will improve the welfare of Illinois residents

 

 

10200SB3799ham001- 198 -LRB102 24687 LNS 42448 a

1    and non-residents requiring health care services.
2        (2) The applicant has obtained a graduate degree
3    appropriate for national certification in a clinical
4    advanced practice registered nursing specialty or a
5    graduate degree or post-master's certificate from a
6    graduate level program in a clinical advanced practice
7    registered nursing specialty; the applicant has submitted
8    verification of licensure status in good standing in the
9    applicant's current state or territory of licensure; and
10    the applicant can furnish the Department with a certified
11    letter upon request from that jurisdiction attesting to
12    the fact that the applicant has no pending action or
13    violations against the applicant's license.
14        The Department will not consider an advanced practice
15    registered nurse's license being revoked or otherwise
16    disciplined by any state or territory based solely on the
17    advanced practice registered nurse providing, authorizing,
18    recommending, aiding, assisting, referring for, or
19    otherwise participating in any health care service that is
20    unlawful or prohibited in that state or territory, if the
21    provision of, authorization of, or participation in that
22    health care, medical service, or procedure related to any
23    health care service is not unlawful or prohibited in this
24    State.
25        (3) The applicant has sufficient training and
26    possesses the appropriate core competencies to provide

 

 

10200SB3799ham001- 199 -LRB102 24687 LNS 42448 a

1    health care services, and is physically, mentally, and
2    professionally capable of practicing as an advanced
3    practice registered nurse with reasonable judgment, skill,
4    and safety and in accordance with applicable standards of
5    care.
6        (4) The applicant must meet the written collaborating
7    agreement requirements under Section 65-35.
8        (5) The applicant will be working pursuant to an
9    agreement with a sponsoring licensed hospital, medical
10    office, clinic, or other medical facility providing health
11    care services. Such agreement shall be executed by an
12    authorized representative of the licensed hospital,
13    medical office, clinic, or other medical facility,
14    certifying that the advanced practice registered nurse
15    holds an active license and is in good standing in the
16    state in which the advanced practice registered nurse is
17    licensed. If an applicant for a temporary permit has been
18    previously disciplined by another jurisdiction, except as
19    described in paragraph (2), further review may be
20    conducted pursuant to the Civil Administrative Code and
21    the Nurse Practice Act. The application shall include the
22    advanced practice registered nurse's name, contact
23    information, state of licensure, and license number.
24        (6) Payment of a $75 fee.
25    The sponsoring licensed hospital, medical office, clinic,
26or other medical facility engaged in the agreement with the

 

 

10200SB3799ham001- 200 -LRB102 24687 LNS 42448 a

1applicant shall notify the Department should the applicant at
2any point leave or become separate from the sponsor.
3    The Department may adopt rules to carry out this Section.
4    (b) A temporary permit under this Section shall expire 2
5years after the date of issuance. The temporary permit may be
6renewed for a $45 fee for an additional 2 years. A holder of a
7temporary permit may only renew one time.
8    (c) The temporary permit shall only permit the holder to
9practice as an advanced practice registered nurse with a
10collaborating physician who provides health care services at
11the location or locations specified on the permit.
12    (d) An application for the temporary permit shall be made
13to the Department, in writing, on forms prescribed by the
14Department, and shall be accompanied by a non-refundable fee
15of $75.
16    (e) An applicant for temporary permit may be requested to
17appear before the Board to respond to questions concerning the
18applicant's qualifications to receive the permit. An
19applicant's refusal to appear before the Board of Nursing may
20be grounds for denial of the application by the Department.
21    (f) The Secretary may summarily cancel any temporary
22permit issued pursuant to this Section, without a hearing, if
23the Secretary finds that evidence in the Secretary's
24possession indicates that a permit holder's continuation in
25practice would constitute an imminent danger to the public or
26violate any provision of the Nurse Practice Act or its rules.

 

 

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1    If the Secretary summarily cancels a temporary permit
2issued pursuant to this Section or Act, the permit holder may
3petition the Department for a hearing in accordance with the
4provisions of Section 70-125 to restore the permit holder's
5permit, unless the permit holder has exceeded the permit
6holder's renewal limit.
7    (g) In addition to terminating any temporary permit issued
8pursuant to this Section or Act, the Department may issue a
9monetary penalty not to exceed $10,000 upon the temporary
10permit holder and may notify any state in which the temporary
11permit holder has been issued a permit that the temporary
12permit holder's Illinois permit has been terminated and the
13reasons for the termination. The monetary penalty shall be
14paid within 60 days after the effective date of the order
15imposing the penalty. The order shall constitute a judgment
16and may be filed, and execution had thereon in the same manner
17as any judgment from any court of record. It is the intent of
18the General Assembly that a permit issued pursuant to this
19Section shall be considered a privilege and not a property
20right.
21    (h) While working in Illinois, all temporary permit
22holders are subject to all statutory and regulatory
23requirements of the Nurse Practice Act in the same manner as a
24licensee. Failure to adhere to all statutory and regulatory
25requirements may result in revocation or other discipline of
26the temporary permit.

 

 

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1    (i) If the Department becomes aware of a violation
2occurring at the licensed hospital, medical office, clinic, or
3other medical facility, the Department shall notify the
4Department of Public Health.
5    (j) The Department may adopt emergency rules pursuant to
6this Section. The General Assembly finds that the adoption of
7rules to implement a temporary permit for health care services
8is deemed an emergency and necessary for the public interest,
9safety, and welfare.
 
10    (225 ILCS 65/65-11.5 new)
11    Sec. 65-11.5. Temporary permit for full practice advanced
12practice registered nurses for health care.
13    (a) The Department may issue a temporary permit to full
14practice advanced practice registered nurses authorizing the
15practice in this State of health care, to an applicant who is
16licensed to practice as an advanced practice registered nurse
17in another state, if all of the following apply:
18        (1) The Department determines that the applicant's
19    services will improve the welfare of Illinois residents
20    and non-residents requiring health care services.
21        (2) The applicant has obtained a graduate degree
22    appropriate for national certification in a clinical
23    advanced practice registered nursing specialty or a
24    graduate degree or post-master's certificate from a
25    graduate level program in a clinical advanced practice

 

 

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1    registered nursing specialty; the applicant is certified
2    as a nurse practitioner, nurse midwife, or clinical nurse
3    specialist; the applicant has submitted verification of
4    licensure status in good standing in the applicant's
5    current state or territory of licensure; and the applicant
6    can furnish the Department with a certified letter upon
7    request from that jurisdiction attesting to the fact that
8    the applicant has no pending action or violations against
9    the applicant's license.
10        The Department will not consider an advanced practice
11    registered nurse's license being revoked or otherwise
12    disciplined by any state or territory for the provision
13    of, authorization of, or participation in any health care,
14    medical service, or procedure related to an abortion on
15    the basis that such health care, medical service, or
16    procedure related to an abortion is unlawful or prohibited
17    in that state or territory, if the provision of,
18    authorization of, or participation in that health care,
19    medical service, or procedure related to an abortion is
20    not unlawful or prohibited in this State.
21        (3) The applicant has sufficient training and
22    possesses the appropriate core competencies to provide
23    health care services, and is physically, mentally, and
24    professionally capable of practicing as an advanced
25    practice registered nurse with reasonable judgment, skill,
26    and safety and in accordance with applicable standards of

 

 

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1    care.
2        (4) The applicant will be working pursuant to an
3    agreement with a sponsoring licensed hospital, medical
4    office, clinic, or other medical facility providing health
5    care services. Such agreement shall be executed by an
6    authorized representative of the licensed hospital,
7    medical office, clinic, or other medical facility,
8    certifying that the advanced practice registered nurse
9    holds an active license and is in good standing in the
10    state in which advanced practice registered nurse is
11    licensed. If an applicant for a temporary permit has been
12    previously disciplined by another jurisdiction, except as
13    described in paragraph (2), further review may be
14    conducted pursuant to the Civil Administrative Code and
15    the Nurse Practice Act. The application shall include the
16    advanced practice registered nurse's name, contact
17    information, state of licensure, and license number.
18        (5) Payment of a $75 fee.
19    The sponsoring licensed hospital, medical office, clinic,
20or other medical facility engaged in the agreement with the
21applicant shall notify the Department should the applicant at
22any point leave or become separate from the sponsor.
23    The Department may adopt rules to carry out this Section.
24    (b) A temporary permit under this Section shall expire 2
25years after the date of issuance. The temporary permit may be
26renewed for a $45 fee for an additional 2 years. A holder of a

 

 

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1temporary permit may only renew one time.
2    (c) The temporary permit shall only permit the holder to
3practice as a full practice advanced practice registered nurse
4within the scope of providing health care services at the
5location or locations specified on the permit.
6    (d) An application for the temporary permit shall be made
7to the Department, in writing, on forms prescribed by the
8Department, and shall be accompanied by a non-refundable fee
9of $75.
10    (e) An applicant for temporary permit may be requested to
11appear before the Board to respond to questions concerning the
12applicant's qualifications to receive the permit. An
13applicant's refusal to appear before the Board of Nursing may
14be grounds for denial of the application by the Department.
15    (f) The Secretary may summarily cancel any temporary
16permit issued pursuant to this Section, without a hearing, if
17the Secretary finds that evidence in the Secretary's
18possession indicates that a permit holder's continuation in
19practice would constitute an imminent danger to the public or
20violate any provision of the Nurse Practice Act or its rules.
21    If the Secretary summarily cancels a temporary permit
22issued pursuant to this Section or Act, the permit holder may
23petition the Department for a hearing in accordance with the
24provisions of Section 70-125 to restore the permit holder's
25permit, unless the permit holder has exceeded the permit
26holder's renewal limit.

 

 

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1    (g) In addition to terminating any temporary permit issued
2pursuant to this Section or Act, the Department may issue a
3monetary penalty not to exceed $10,000 upon the temporary
4permit holder and may notify any state in which the temporary
5permit holder has been issued a permit that the temporary
6permit holder's Illinois permit has been terminated and the
7reasons for the termination. The monetary penalty shall be
8paid within 60 days after the effective date of the order
9imposing the penalty. The order shall constitute a judgment
10and may be filed, and execution had thereon in the same manner
11as any judgment from any court of record. It is the intent of
12the General Assembly that a permit issued pursuant to this
13Section shall be considered a privilege and not a property
14right.
15    (h) While working in Illinois, all temporary permit
16holders are subject to all statutory and regulatory
17requirements of the Nurse Practice Act in the same manner as a
18licensee. Failure to adhere to all statutory and regulatory
19requirements may result in revocation or other discipline of
20the temporary permit.
21    (i) If the Department becomes aware of a violation
22occurring at the licensed hospital, medical office, clinic, or
23other medical facility, the Department shall notify the
24Department of Public Health.
25    (j) The Department may adopt emergency rules pursuant to
26this Section. The General Assembly finds that the adoption of

 

 

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1rules to implement a temporary permit for health care services
2is deemed an emergency and necessary for the public interest,
3safety, and welfare.
 
4    Section 10-15. The Physician Assistant Practice Act of
51987 is amended by changing Sections 4, 21, 22.2, 22.3, 22.5,
622.6, 22.7, 22.8, 22.9, and 22.10 and by adding Section 9.7 as
7follows:
 
8    (225 ILCS 95/4)  (from Ch. 111, par. 4604)
9    (Section scheduled to be repealed on January 1, 2028)
10    Sec. 4. Definitions. In this Act:
11    1. "Department" means the Department of Financial and
12Professional Regulation.
13    2. "Secretary" means the Secretary of Financial and
14Professional Regulation.
15    3. "Physician assistant" means any person not holding an
16active license or permit issued by the Department pursuant to
17the Medical Practice Act of 1987 who has been certified as a
18physician assistant by the National Commission on the
19Certification of Physician Assistants or equivalent successor
20agency and performs procedures in collaboration with a
21physician as defined in this Act. A physician assistant may
22perform such procedures within the specialty of the
23collaborating physician, except that such physician shall
24exercise such direction, collaboration, and control over such

 

 

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1physician assistants as will assure that patients shall
2receive quality medical care. Physician assistants shall be
3capable of performing a variety of tasks within the specialty
4of medical care in collaboration with a physician.
5Collaboration with the physician assistant shall not be
6construed to necessarily require the personal presence of the
7collaborating physician at all times at the place where
8services are rendered, as long as there is communication
9available for consultation by radio, telephone or
10telecommunications within established guidelines as determined
11by the physician/physician assistant team. The collaborating
12physician may delegate tasks and duties to the physician
13assistant. Delegated tasks or duties shall be consistent with
14physician assistant education, training, and experience. The
15delegated tasks or duties shall be specific to the practice
16setting and shall be implemented and reviewed under a written
17collaborative agreement established by the physician or
18physician/physician assistant team. A physician assistant,
19acting as an agent of the physician, shall be permitted to
20transmit the collaborating physician's orders as determined by
21the institution's by-laws, policies, procedures, or job
22description within which the physician/physician assistant
23team practices. Physician assistants shall practice only in
24accordance with a written collaborative agreement.
25    Any person who holds an active license or permit issued
26pursuant to the Medical Practice Act of 1987 shall have that

 

 

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1license automatically placed into inactive status upon
2issuance of a physician assistant license. Any person who
3holds an active license as a physician assistant who is issued
4a license or permit pursuant to the Medical Practice Act of
51987 shall have his or her physician assistant license
6automatically placed into inactive status.
7    3.5. "Physician assistant practice" means the performance
8of procedures within the specialty of the collaborating
9physician. Physician assistants shall be capable of performing
10a variety of tasks within the specialty of medical care of the
11collaborating physician. Collaboration with the physician
12assistant shall not be construed to necessarily require the
13personal presence of the collaborating physician at all times
14at the place where services are rendered, as long as there is
15communication available for consultation by radio, telephone,
16telecommunications, or electronic communications. The
17collaborating physician may delegate tasks and duties to the
18physician assistant. Delegated tasks or duties shall be
19consistent with physician assistant education, training, and
20experience. The delegated tasks or duties shall be specific to
21the practice setting and shall be implemented and reviewed
22under a written collaborative agreement established by the
23physician or physician/physician assistant team. A physician
24assistant shall be permitted to transmit the collaborating
25physician's orders as determined by the institution's bylaws,
26policies, or procedures or the job description within which

 

 

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1the physician/physician assistant team practices. Physician
2assistants shall practice only in accordance with a written
3collaborative agreement, except as provided in Section 7.5 of
4this Act.
5    4. "Board" means the Medical Licensing Board constituted
6under the Medical Practice Act of 1987.
7    5. (Blank). "Disciplinary Board" means the Medical
8Disciplinary Board constituted under the Medical Practice Act
9of 1987.
10    6. "Physician" means a person licensed to practice
11medicine in all of its branches under the Medical Practice Act
12of 1987.
13    7. "Collaborating physician" means the physician who,
14within his or her specialty and expertise, may delegate a
15variety of tasks and procedures to the physician assistant.
16Such tasks and procedures shall be delegated in accordance
17with a written collaborative agreement.
18    8. (Blank).
19    9. "Address of record" means the designated address
20recorded by the Department in the applicant's or licensee's
21application file or license file maintained by the
22Department's licensure maintenance unit.
23    10. "Hospital affiliate" means a corporation, partnership,
24joint venture, limited liability company, or similar
25organization, other than a hospital, that is devoted primarily
26to the provision, management, or support of health care

 

 

10200SB3799ham001- 211 -LRB102 24687 LNS 42448 a

1services and that directly or indirectly controls, is
2controlled by, or is under common control of the hospital. For
3the purposes of this definition, "control" means having at
4least an equal or a majority ownership or membership interest.
5A hospital affiliate shall be 100% owned or controlled by any
6combination of hospitals, their parent corporations, or
7physicians licensed to practice medicine in all its branches
8in Illinois. "Hospital affiliate" does not include a health
9maintenance organization regulated under the Health
10Maintenance Organization Act.
11    11. "Email address of record" means the designated email
12address recorded by the Department in the applicant's
13application file or the licensee's license file, as maintained
14by the Department's licensure maintenance unit.
15(Source: P.A. 99-330, eff. 1-1-16; 100-453, eff. 8-25-17.)
 
16    (225 ILCS 95/9.7 new)
17    Sec. 9.7. Temporary permit for health care.
18    (a) The Department may issue a temporary permit
19authorizing the practice, with a collaborating physician, in
20this State, of health care to an applicant who is licensed to
21practice as a physician assistant in another state, if all of
22the following apply:
23        (1) The Department determines that the applicant's
24    services will improve the welfare of Illinois residents
25    and non-residents requiring health care services.

 

 

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1        (2)The applicant has obtained certification by the
2    National Commission on Certification of Physician
3    Assistants or its successor agency; the applicant has
4    submitted verification of licensure status in good
5    standing in the applicant's current state or territory of
6    licensure; and the applicant can furnish the Department
7    with a certified letter upon request from that
8    jurisdiction attesting to the fact that the applicant has
9    no pending action or violations against the applicant's
10    license;
11        The Department will not consider a physician
12    assistant's license being revoked or otherwise disciplined
13    by any state or territory based solely on the physician
14    assistant providing, authorizing, recommending, aiding,
15    assisting, referring for, or otherwise participating in
16    any health care service that is unlawful or prohibited in
17    that state or territory, if the provision of,
18    authorization of, or participation in that health care,
19    medical service, or procedure related to any health care
20    service is not unlawful or prohibited in this State.
21        (3) The applicant has sufficient training and
22    possesses the appropriate core competencies to provide
23    health care services, and is physically, mentally, and
24    professionally capable of practicing as a physician
25    assistant with reasonable judgment, skill, and safety and
26    in accordance with applicable standards of care.

 

 

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1        (4)The applicant must meet the written collaborative
2    agreement requirements under subsection (a) of Section
3    7.5.
4        (5) The applicant will be working pursuant to an
5    agreement with a sponsoring licensed hospital, medical
6    office, clinic, or other medical facility providing health
7    care services. Such agreement shall be executed by an
8    authorized representative of the licensed hospital,
9    medical office, clinic, or other medical facility,
10    certifying that the physician assistant holds an active
11    license and is in good standing in the state in which the
12    physician assistant is licensed. If an applicant for a
13    temporary permit has been previously disciplined by
14    another jurisdiction, except as described in paragraph
15    (2), further review may be conducted pursuant to the Civil
16    Administrative Code and the Physician Assistant Practice
17    Act of 1987. The application shall include the physician
18    assistant's name, contact information, state of licensure,
19    and license number.
20        (6) Payment of a $75 fee.
21    (6)The sponsoring licensed hospital, medical office,
22clinic, or other medical facility engaged in the agreement
23with the applicant shall notify the Department should the
24applicant at any point leave or become separate from the
25sponsor.
26    The Department may adopt rules to carry out this Section.

 

 

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1    (b) A temporary permit under this Section shall expire 2
2years after the date of issuance. The temporary permit may be
3renewed for a $45 fee for an additional 2 years. A holder of a
4temporary permit may only renew one time.
5    (c) The temporary permit shall only permit the holder to
6practice as a physician assistant with a collaborating
7physician who provides health care services at the location or
8locations specified on the permit.
9    (d) An application for the temporary permit shall be made
10to the Department, in writing, on forms prescribed by the
11Department, and shall be accompanied by a non-refundable fee
12of $75.
13    (e) An applicant for a temporary permit may be requested
14to appear before the Board to respond to questions concerning
15the applicant's qualifications to receive the permit. An
16applicant's refusal to appear before the Board may be grounds
17for denial of the application by the Department.
18    (f) The Secretary may summarily cancel any temporary
19permit issued pursuant to this Section, without a hearing, if
20the Secretary finds that evidence in the Secretary's
21possession indicates that a permit holder's continuation in
22practice would constitute an imminent danger to the public or
23violate any provision of the Physician Assistant Practice Act
24of 1987 or its rules.
25    If the Secretary summarily cancels a temporary permit
26issued pursuant to this Section or Act, the permit holder may

 

 

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1petition the Department for a hearing in accordance with the
2provisions of Section 22.11 to restore the permit holder's
3permit, unless the permit holder has exceeded permit holder's
4renewal limit.
5    (g) In addition to terminating any temporary permit issued
6pursuant to this Section or Act, the Department may issue a
7monetary penalty not to exceed $10,000 upon the temporary
8permit holder and may notify any state in which the temporary
9permit holder has been issued a permit that the temporary
10permit holder's Illinois permit has been terminated and the
11reasons for that termination. The monetary penalty shall be
12paid within 60 days after the effective date of the order
13imposing the penalty. The order shall constitute a judgment
14and may be filed, and execution had thereon in the same manner
15as any judgment from any court of record. It is the intent of
16the General Assembly that a permit issued pursuant to this
17Section shall be considered a privilege and not a property
18right.
19    (h) While working in Illinois, all temporary permit
20holders are subject to all statutory and regulatory
21requirements of the Physician Assistant Practice Act of 1987
22in the same manner as a licensee. Failure to adhere to all
23statutory and regulatory requirements may result in revocation
24or other discipline of the temporary permit.
25    (i)If the Department becomes aware of a violation
26occurring at the licensed hospital, medical office, clinic, or

 

 

10200SB3799ham001- 216 -LRB102 24687 LNS 42448 a

1other medical facility, the Department shall notify the
2Department of Public Health.
3    (j)The Department may adopt emergency rules pursuant to
4this Section. The General Assembly finds that the adoption of
5rules to implement a temporary permit for reproductive health
6is deemed an emergency and necessary for the public interest,
7safety, and welfare.
 
8    (225 ILCS 95/21)  (from Ch. 111, par. 4621)
9    (Section scheduled to be repealed on January 1, 2028)
10    Sec. 21. Grounds for disciplinary action.
11    (a) The Department may refuse to issue or to renew, or may
12revoke, suspend, place on probation, reprimand, or take other
13disciplinary or non-disciplinary action with regard to any
14license issued under this Act as the Department may deem
15proper, including the issuance of fines not to exceed $10,000
16for each violation, for any one or combination of the
17following causes:
18        (1) Material misstatement in furnishing information to
19