State of Illinois
2023 and 2024


Introduced 2/17/2023, by Rep. William E Hauter


225 ILCS 60/9  from Ch. 111, par. 4400-9
225 ILCS 60/22  from Ch. 111, par. 4400-22

    Amends the Medical Practice Act of 1987. In provisions concerning application for medical licensure, provides that the Illinois State Medical Board, in determining mental capacity, shall ensure questions concerning mental health are compliant with the guidelines of the federal Americans with Disabilities Act. Makes a corresponding change.

LRB103 29825 AMQ 56233 b





HB3109LRB103 29825 AMQ 56233 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Medical Practice Act of 1987 is amended by
5changing Sections 9 and 22 as follows:
6    (225 ILCS 60/9)  (from Ch. 111, par. 4400-9)
7    (Section scheduled to be repealed on January 1, 2027)
8    Sec. 9. Application for license. Each applicant for a
9license shall:
10        (A) Make application on blank forms prepared and
11    furnished by the Department.
12        (B) Submit evidence satisfactory to the Department
13    that the applicant:
14            (1) is of good moral character. In determining
15        moral character under this Section, the Department may
16        take into consideration whether the applicant has
17        engaged in conduct or activities which would
18        constitute grounds for discipline under this Act. The
19        Department may also request the applicant to submit,
20        and may consider as evidence of moral character,
21        endorsements from 2 or 3 individuals licensed under
22        this Act;
23            (2) has the preliminary and professional education



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1        required by this Act;
2            (3) (blank); and
3            (4) is physically, mentally, and professionally
4        capable of practicing medicine with reasonable
5        judgment, skill, and safety. In determining physical
6        and mental capacity under this Section, the Medical
7        Board may, upon a showing of a possible incapacity or
8        conduct or activities that would constitute grounds
9        for discipline under this Act, compel any applicant to
10        submit to a mental or physical examination and
11        evaluation, or both, as provided for in Section 22 of
12        this Act. The Medical Board may condition or restrict
13        any license, subject to the same terms and conditions
14        as are provided for the Medical Board under Section 22
15        of this Act. Any such condition of a restricted
16        license shall provide that the Chief Medical
17        Coordinator or Deputy Medical Coordinator shall have
18        the authority to review the subject physician's
19        compliance with such conditions or restrictions,
20        including, where appropriate, the physician's record
21        of treatment and counseling regarding the impairment,
22        to the extent permitted by applicable federal statutes
23        and regulations safeguarding the confidentiality of
24        medical records of patients. The Medical Board, in
25        determining mental capacity, shall ensure questions
26        concerning mental health are compliant with the



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1        guidelines of the federal Americans with Disabilities
2        Act.
3        In determining professional capacity under this
4    Section, an individual may be required to complete such
5    additional testing, training, or remedial education as the
6    Medical Board may deem necessary in order to establish the
7    applicant's present capacity to practice medicine with
8    reasonable judgment, skill, and safety. The Medical Board
9    may consider the following criteria, as they relate to an
10    applicant, as part of its determination of professional
11    capacity:
12            (1) Medical research in an established research
13        facility, hospital, college or university, or private
14        corporation.
15            (2) Specialized training or education.
16            (3) Publication of original work in learned,
17        medical, or scientific journals.
18            (4) Participation in federal, State, local, or
19        international public health programs or organizations.
20            (5) Professional service in a federal veterans or
21        military institution.
22            (6) Any other professional activities deemed to
23        maintain and enhance the clinical capabilities of the
24        applicant.
25        Any applicant applying for a license to practice
26    medicine in all of its branches or for a license as a



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1    chiropractic physician who has not been engaged in the
2    active practice of medicine or has not been enrolled in a
3    medical program for 2 years prior to application must
4    submit proof of professional capacity to the Medical
5    Board.
6        Any applicant applying for a temporary license that
7    has not been engaged in the active practice of medicine or
8    has not been enrolled in a medical program for longer than
9    5 years prior to application must submit proof of
10    professional capacity to the Medical Board.
11        (C) Designate specifically the name, location, and
12    kind of professional school, college, or institution of
13    which the applicant is a graduate and the category under
14    which the applicant seeks, and will undertake, to
15    practice.
16        (D) Pay to the Department at the time of application
17    the required fees.
18        (E) Pursuant to Department rules, as required, pass an
19    examination authorized by the Department to determine the
20    applicant's fitness to receive a license.
21        (F) Complete the application process within 3 years
22    from the date of application. If the process has not been
23    completed within 3 years, the application shall expire,
24    application fees shall be forfeited, and the applicant
25    must reapply and meet the requirements in effect at the
26    time of reapplication.



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1(Source: P.A. 102-20, eff. 1-1-22.)
2    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
3    (Section scheduled to be repealed on January 1, 2027)
4    Sec. 22. Disciplinary action.
5    (A) The Department may revoke, suspend, place on
6probation, reprimand, refuse to issue or renew, or take any
7other disciplinary or non-disciplinary action as the
8Department may deem proper with regard to the license or
9permit of any person issued under this Act, including imposing
10fines not to exceed $10,000 for each violation, upon any of the
11following grounds:
12        (1) (Blank).
13        (2) (Blank).
14        (3) A plea of guilty or nolo contendere, finding of
15    guilt, jury verdict, or entry of judgment or sentencing,
16    including, but not limited to, convictions, preceding
17    sentences of supervision, conditional discharge, or first
18    offender probation, under the laws of any jurisdiction of
19    the United States of any crime that is a felony.
20        (4) Gross negligence in practice under this Act.
21        (5) Engaging in dishonorable, unethical, or
22    unprofessional conduct of a character likely to deceive,
23    defraud, or harm the public.
24        (6) Obtaining any fee by fraud, deceit, or
25    misrepresentation.



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1        (7) Habitual or excessive use or abuse of drugs
2    defined in law as controlled substances, of alcohol, or of
3    any other substances which results in the inability to
4    practice with reasonable judgment, skill, or safety.
5        (8) Practicing under a false or, except as provided by
6    law, an assumed name.
7        (9) Fraud or misrepresentation in applying for, or
8    procuring, a license under this Act or in connection with
9    applying for renewal of a license under this Act.
10        (10) Making a false or misleading statement regarding
11    their skill or the efficacy or value of the medicine,
12    treatment, or remedy prescribed by them at their direction
13    in the treatment of any disease or other condition of the
14    body or mind.
15        (11) Allowing another person or organization to use
16    their license, procured under this Act, to practice.
17        (12) Adverse action taken by another state or
18    jurisdiction against a license or other authorization to
19    practice as a medical doctor, doctor of osteopathy, doctor
20    of osteopathic medicine, or doctor of chiropractic, a
21    certified copy of the record of the action taken by the
22    other state or jurisdiction being prima facie evidence
23    thereof. This includes any adverse action taken by a State
24    or federal agency that prohibits a medical doctor, doctor
25    of osteopathy, doctor of osteopathic medicine, or doctor
26    of chiropractic from providing services to the agency's



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1    participants.
2        (13) Violation of any provision of this Act or of the
3    Medical Practice Act prior to the repeal of that Act, or
4    violation of the rules, or a final administrative action
5    of the Secretary, after consideration of the
6    recommendation of the Medical Board.
7        (14) Violation of the prohibition against fee
8    splitting in Section 22.2 of this Act.
9        (15) A finding by the Medical Board that the
10    registrant after having his or her license placed on
11    probationary status or subjected to conditions or
12    restrictions violated the terms of the probation or failed
13    to comply with such terms or conditions.
14        (16) Abandonment of a patient.
15        (17) Prescribing, selling, administering,
16    distributing, giving, or self-administering any drug
17    classified as a controlled substance (designated product)
18    or narcotic for other than medically accepted therapeutic
19    purposes.
20        (18) Promotion of the sale of drugs, devices,
21    appliances, or goods provided for a patient in such manner
22    as to exploit the patient for financial gain of the
23    physician.
24        (19) Offering, undertaking, or agreeing to cure or
25    treat disease by a secret method, procedure, treatment, or
26    medicine, or the treating, operating, or prescribing for



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1    any human condition by a method, means, or procedure which
2    the licensee refuses to divulge upon demand of the
3    Department.
4        (20) Immoral conduct in the commission of any act
5    including, but not limited to, commission of an act of
6    sexual misconduct related to the licensee's practice.
7        (21) Willfully making or filing false records or
8    reports in his or her practice as a physician, including,
9    but not limited to, false records to support claims
10    against the medical assistance program of the Department
11    of Healthcare and Family Services (formerly Department of
12    Public Aid) under the Illinois Public Aid Code.
13        (22) Willful omission to file or record, or willfully
14    impeding the filing or recording, or inducing another
15    person to omit to file or record, medical reports as
16    required by law, or willfully failing to report an
17    instance of suspected abuse or neglect as required by law.
18        (23) Being named as a perpetrator in an indicated
19    report by the Department of Children and Family Services
20    under the Abused and Neglected Child Reporting Act, and
21    upon proof by clear and convincing evidence that the
22    licensee has caused a child to be an abused child or
23    neglected child as defined in the Abused and Neglected
24    Child Reporting Act.
25        (24) Solicitation of professional patronage by any
26    corporation, agents, or persons, or profiting from those



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1    representing themselves to be agents of the licensee.
2        (25) Gross and willful and continued overcharging for
3    professional services, including filing false statements
4    for collection of fees for which services are not
5    rendered, including, but not limited to, filing such false
6    statements for collection of monies for services not
7    rendered from the medical assistance program of the
8    Department of Healthcare and Family Services (formerly
9    Department of Public Aid) under the Illinois Public Aid
10    Code.
11        (26) A pattern of practice or other behavior which
12    demonstrates incapacity or incompetence to practice under
13    this Act.
14        (27) Mental illness or disability which results in the
15    inability to practice under this Act with reasonable
16    judgment, skill, or safety.
17        (28) Physical illness, including, but not limited to,
18    deterioration through the aging process, or loss of motor
19    skill which results in a physician's inability to practice
20    under this Act with reasonable judgment, skill, or safety.
21        (29) Cheating on or attempting to subvert the
22    licensing examinations administered under this Act.
23        (30) Willfully or negligently violating the
24    confidentiality between physician and patient except as
25    required by law.
26        (31) The use of any false, fraudulent, or deceptive



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



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1    to acts or conduct which would constitute grounds for
2    action as defined in this Section.
3        (36) Failure to report to the Department any adverse
4    judgment, settlement, or award arising from a liability
5    claim related to acts or conduct similar to acts or
6    conduct which would constitute grounds for action as
7    defined in this Section.
8        (37) Failure to provide copies of medical records as
9    required by law.
10        (38) Failure to furnish the Department, its
11    investigators or representatives, relevant information,
12    legally requested by the Department after consultation
13    with the Chief Medical Coordinator or the Deputy Medical
14    Coordinator.
15        (39) Violating the Health Care Worker Self-Referral
16    Act.
17        (40) (Blank).
18        (41) Failure to establish and maintain records of
19    patient care and treatment as required by this law.
20        (42) Entering into an excessive number of written
21    collaborative agreements with licensed advanced practice
22    registered nurses resulting in an inability to adequately
23    collaborate.
24        (43) Repeated failure to adequately collaborate with a
25    licensed advanced practice registered nurse.
26        (44) Violating the Compassionate Use of Medical



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1    Cannabis Program Act.
2        (45) Entering into an excessive number of written
3    collaborative agreements with licensed prescribing
4    psychologists resulting in an inability to adequately
5    collaborate.
6        (46) Repeated failure to adequately collaborate with a
7    licensed prescribing psychologist.
8        (47) Willfully failing to report an instance of
9    suspected abuse, neglect, financial exploitation, or
10    self-neglect of an eligible adult as defined in and
11    required by the Adult Protective Services Act.
12        (48) Being named as an abuser in a verified report by
13    the Department on Aging under the Adult Protective
14    Services Act, and upon proof by clear and convincing
15    evidence that the licensee abused, neglected, or
16    financially exploited an eligible adult as defined in the
17    Adult Protective Services Act.
18        (49) Entering into an excessive number of written
19    collaborative agreements with licensed physician
20    assistants resulting in an inability to adequately
21    collaborate.
22        (50) Repeated failure to adequately collaborate with a
23    physician assistant.
24    Except for actions involving the ground numbered (26), all
25proceedings to suspend, revoke, place on probationary status,
26or take any other disciplinary action as the Department may



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1deem proper, with regard to a license on any of the foregoing
2grounds, must be commenced within 5 years next after receipt
3by the Department of a complaint alleging the commission of or
4notice of the conviction order for any of the acts described
5herein. Except for the grounds numbered (8), (9), (26), and
6(29), no action shall be commenced more than 10 years after the
7date of the incident or act alleged to have violated this
8Section. For actions involving the ground numbered (26), a
9pattern of practice or other behavior includes all incidents
10alleged to be part of the pattern of practice or other behavior
11that occurred, or a report pursuant to Section 23 of this Act
12received, within the 10-year period preceding the filing of
13the complaint. In the event of the settlement of any claim or
14cause of action in favor of the claimant or the reduction to
15final judgment of any civil action in favor of the plaintiff,
16such claim, cause of action, or civil action being grounded on
17the allegation that a person licensed under this Act was
18negligent in providing care, the Department shall have an
19additional period of 2 years from the date of notification to
20the Department under Section 23 of this Act of such settlement
21or final judgment in which to investigate and commence formal
22disciplinary proceedings under Section 36 of this Act, except
23as otherwise provided by law. The time during which the holder
24of the license was outside the State of Illinois shall not be
25included within any period of time limiting the commencement
26of disciplinary action by the Department.



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1    The entry of an order or judgment by any circuit court
2establishing that any person holding a license under this Act
3is a person in need of mental treatment operates as a
4suspension of that license. That person may resume his or her
5practice only upon the entry of a Departmental order based
6upon a finding by the Medical Board that the person has been
7determined to be recovered from mental illness by the court
8and upon the Medical Board's recommendation that the person be
9permitted to resume his or her practice.
10    The Department may refuse to issue or take disciplinary
11action concerning the license of any person who fails to file a
12return, or to pay the tax, penalty, or interest shown in a
13filed return, or to pay any final assessment of tax, penalty,
14or interest, as required by any tax Act administered by the
15Illinois Department of Revenue, until such time as the
16requirements of any such tax Act are satisfied as determined
17by the Illinois Department of Revenue.
18    The Department, upon the recommendation of the Medical
19Board, shall adopt rules which set forth standards to be used
20in determining:
21        (a) when a person will be deemed sufficiently
22    rehabilitated to warrant the public trust;
23        (b) what constitutes dishonorable, unethical, or
24    unprofessional conduct of a character likely to deceive,
25    defraud, or harm the public;
26        (c) what constitutes immoral conduct in the commission



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1    of any act, including, but not limited to, commission of
2    an act of sexual misconduct related to the licensee's
3    practice; and
4        (d) what constitutes gross negligence in the practice
5    of medicine.
6    However, no such rule shall be admissible into evidence in
7any civil action except for review of a licensing or other
8disciplinary action under this Act.
9    In enforcing this Section, the Medical Board, upon a
10showing of a possible violation, may compel any individual who
11is licensed to practice under this Act or holds a permit to
12practice under this Act, or any individual who has applied for
13licensure or a permit pursuant to this Act, to submit to a
14mental or physical examination and evaluation, or both, which
15may include a substance abuse or sexual offender evaluation,
16as required by the Medical Board and at the expense of the
17Department. The Medical Board shall specifically designate the
18examining physician licensed to practice medicine in all of
19its branches or, if applicable, the multidisciplinary team
20involved in providing the mental or physical examination and
21evaluation, or both. The multidisciplinary team shall be led
22by a physician licensed to practice medicine in all of its
23branches and may consist of one or more or a combination of
24physicians licensed to practice medicine in all of its
25branches, licensed chiropractic physicians, licensed clinical
26psychologists, licensed clinical social workers, licensed



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



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1evaluation and examination for the examining physician or any
2member of the multidisciplinary team to provide information,
3reports, records, or other documents or to provide any
4testimony regarding the examination and evaluation. The
5individual to be examined may have, at his or her own expense,
6another physician of his or her choice present during all
7aspects of the examination. Failure of any individual to
8submit to mental or physical examination and evaluation, or
9both, when directed, shall result in an automatic suspension,
10without hearing, until such time as the individual submits to
11the examination. If the Medical Board finds a physician unable
12to practice following an examination and evaluation because of
13the reasons set forth in this Section, the Medical Board shall
14require such physician to submit to care, counseling, or
15treatment by physicians, or other health care professionals,
16approved or designated by the Medical Board, as a condition
17for issued, continued, reinstated, or renewed licensure to
18practice. Any physician, whose license was granted pursuant to
19Section 9, 17, or 19 of this Act, or, continued, reinstated,
20renewed, disciplined, or supervised, subject to such terms,
21conditions, or restrictions who shall fail to comply with such
22terms, conditions, or restrictions, or to complete a required
23program of care, counseling, or treatment, as determined by
24the Chief Medical Coordinator or Deputy Medical Coordinators,
25shall be referred to the Secretary for a determination as to
26whether the licensee shall have his or her license suspended



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1immediately, pending a hearing by the Medical Board. In
2instances in which the Secretary immediately suspends a
3license under this Section, a hearing upon such person's
4license must be convened by the Medical Board within 15 days
5after such suspension and completed without appreciable delay.
6The Medical Board shall have the authority to review the
7subject physician's record of treatment and counseling
8regarding the impairment, to the extent permitted by
9applicable federal statutes and regulations safeguarding the
10confidentiality of medical records.
11    An individual licensed under this Act, affected under this
12Section, shall be afforded an opportunity to demonstrate to
13the Medical Board that he or she can resume practice in
14compliance with acceptable and prevailing standards under the
15provisions of his or her license.
16    The Medical Board, in determining mental capacity of an
17individual licensed under this Act shall ensure questions
18concerning mental health are compliant with the guidelines of
19the federal Americans with Disabilities Act.
20    The Department may promulgate rules for the imposition of
21fines in disciplinary cases, not to exceed $10,000 for each
22violation of this Act. Fines may be imposed in conjunction
23with other forms of disciplinary action, but shall not be the
24exclusive disposition of any disciplinary action arising out
25of conduct resulting in death or injury to a patient. Any funds
26collected from such fines shall be deposited in the Illinois



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



HB3109- 20 -LRB103 29825 AMQ 56233 b

1    other tick-borne diseases, including, but not limited to,
2    the prescription of or treatment with long-term
3    antibiotics;
4        (3) based solely upon the physician providing,
5    authorizing, recommending, aiding, assisting, referring
6    for, or otherwise participating in any health care
7    service, so long as the care was not unlawful under the
8    laws of this State, regardless of whether the patient was
9    a resident of this State or another state; or
10        (4) based upon the physician's license being revoked
11    or suspended, or the physician being otherwise disciplined
12    by any other state, if that revocation, suspension, or
13    other form of discipline was based solely on the physician
14    violating another state's laws prohibiting the provision
15    of, authorization of, recommendation of, aiding or
16    assisting in, referring for, or participation in any
17    health care service if that health care service as
18    provided would not have been unlawful under the laws of
19    this State and is consistent with the standards of conduct
20    for the physician if it occurred in Illinois.
21    (D) (Blank).
22    (E) The conduct specified in subsection (C) shall not
23trigger reporting requirements under Section 23, constitute
24grounds for suspension under Section 25, or be included on the
25physician's profile required under Section 10 of the Patients'
26Right to Know Act.



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1    (F) An applicant seeking licensure, certification, or
2authorization pursuant to this Act and who has been subject to
3disciplinary action by a duly authorized professional
4disciplinary agency of another jurisdiction solely on the
5basis of having provided, authorized, recommended, aided,
6assisted, referred for, or otherwise participated in health
7care shall not be denied such licensure, certification, or
8authorization, unless the Department determines that the
9action would have constituted professional misconduct in this
10State; however, nothing in this Section shall be construed as
11prohibiting the Department from evaluating the conduct of the
12applicant and making a determination regarding the licensure,
13certification, or authorization to practice a profession under
14this Act.
15    (G) The Department may adopt rules to implement the
16changes made by this amendatory Act of the 102nd General
18(Source: P.A. 101-13, eff. 6-12-19; 101-81, eff. 7-12-19;
19101-363, eff. 8-9-19; 102-20, eff. 1-1-22; 102-558, eff.
208-20-21; 102-813, eff. 5-13-22; 102-1117, eff. 1-13-23.)