Illinois General Assembly - Full Text of HB3515
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Full Text of HB3515  101st General Assembly

HB3515 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3515

 

Introduced , by Rep. Thomas Morrison

 

SYNOPSIS AS INTRODUCED:
 
New Act
225 ILCS 60/22  from Ch. 111, par. 4400-22

    Creates the Youth Health Protection Act. Provides that a medical doctor shall not prescribe, provide, administer, or deliver puberty-suppressing drugs or cross-sex hormones and shall not perform surgical orchiectomy or castration, urethroplasty, vaginoplasty, mastectomy, phalloplasty, or metoidioplasty on biologically healthy and anatomically normal persons under the age of 18 for the purpose of treating the subjective, internal psychological condition of gender dysphoria or gender discordance. Provides that any efforts to modify the anatomy, physiology, or biochemistry of a biologically healthy person under the age of 18 who experiences gender dysphoria or gender discordance shall be considered unprofessional conduct and shall be subject to discipline by the licensing entity or disciplinary review board. Provides that no medical doctor or mental health provider shall refer any person under the age of 18 to any medical doctor for chemical or surgical interventions to treat gender dysphoria or gender discordance. Contains definitions, a statement of purpose, and legislative findings. Amends the Medical Practice Act of 1987 to make related changes.


LRB101 11160 CPF 56398 b

 

 

A BILL FOR

 

HB3515LRB101 11160 CPF 56398 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 1. Short title. This Act may be cited as the Youth
5Health Protection Act.
 
6    Section 5. Legislative findings. The General Assembly
7finds and declares the following:
8    (1) At birth, doctors identify the sex of babies. They do
9not assign them a "gender."
10    (2) Being biologically male or biologically female is not a
11disorder, illness, deficiency, shortcoming, or error.
12Scientists and other medical professionals have recognized
13that biological sex is a neutral, objective, and immutable fact
14of human nature.
15    (3) Puberty is not a disease or a disorder.
16    (4) There is no conclusive, research-based evidence
17proving that if there is incongruence between one's objective
18and immutable biological sex (and its attendant healthy and
19normally functioning anatomy and physiology) and one's
20subjective, internal sense of being male or female that the
21problem resides in the body rather than the mind.
22    (5) The May 19, 2014 issue of the highly respected Hayes
23Directory reports that the practice of using hormones and

 

 

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1surgery to treat gender dysphoria in adults is based on "very
2low quality of evidence" and goes on to discuss the "serious
3limitations to the evidence" in great detail. It reports
4further that the use of hormones and surgery to treat gender
5dysphoria in children and adolescents has no evidence base.
6    (6) Health risks and complications of puberty suppression:
7The use of puberty-suppression medications for the treatment of
8gender-dysphoric minors is "off-label." The health risks
9include the arrest of bone growth, a decrease in bone
10accretion, the prevention of sex-steroid-dependent
11organization and maturation of the adolescent brain, and the
12inhibition of fertility by preventing the development of
13gonadal tissue and mature gametes for the duration of
14treatment.
15    (7) Self-fulfilling nature of puberty suppression: "There
16is an obvious self-fulfilling nature to encouraging a young boy
17with [gender dysphoria] to socially impersonate a girl and then
18institute pubertal suppression. Given the well-established
19phenomenon of neuroplasticity, the repeated behavior of
20impersonating a girl alters the structure and function of the
21boy's brain in some way-potentially in a way that will make
22identity alignment with his biologic sex less likely. This,
23together with the suppression of puberty that prevents further
24endogenous masculinization of his brain, causes him to remain a
25gender non-conforming prepubertal boy disguised as a
26prepubertal girl."

 

 

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1    (8) Cross-sex hormones risks and effects: The use of
2cross-sex hormones for the treatment of gender dysphoria in
3minors is "off-label," and long-term risks are unknown.
4    Sterility and voice changes are permanent for both men and
5women.
6    An interagency statement published by the World Health
7Organization states that "sterilization should only be
8provided with the full, free and informed consent of the
9individual" and that "sterilization refers not just to
10interventions where the intention is to limit fertility ... but
11also to situations where loss of fertility is a secondary
12outcome. ... Sterilization without full, free and informed
13consent has been variously described by international,
14regional and national human rights bodies as an involuntary,
15coercive and/or forced practice, and as a violation of
16fundamental human rights, including the right to health, the
17right to information, the right to privacy."
18    Since parents or guardians must provide consent for
19hormonal interventions, and since parents and guardians are not
20being made aware of the experimental nature of the off-label
21use of hormones for the treatment of gender dysphoria or of the
22fact that most children with gender dysphoria outgrow it by
23late adolescence if otherwise supported through natural
24puberty, parents and guardians are unable to provide fully
25informed consent.
26    Breast tissue growth in men who take estrogen is permanent.

 

 

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1"Male"-pattern baldness and body and facial hair growth in
2women who take testosterone are permanent.
3    For biologically healthy men who take estrogen to treat
4their subjective, internal feelings about their sex, there is
5an "increased risk of liver disease, increased risk of blood
6clots, (risk of death or permanent damage), increased risk of
7diabetes and of headaches/migraines heart disease, increased
8risk of gallstones, may be increased risk of noncancerous
9[tumor] of pituitary gland."
10    For biologically healthy women who take testosterone to
11treat their subjective, internal feelings about their sex,
12there is an increased risk of heart disease, stroke, diabetes,
13breast cancer, ovarian cancer, and uterine cancer. Taking
14testosterone can have a "destabilizing effect" on "bipolar
15disorder, schizoaffective disorder, and schizophrenia."
16    (9) The Christian Medical and Dental Associations
17"[believe] that prescribing hormonal treatments to children or
18adolescents to disrupt normal sexual development for the
19purpose of gender reassignment is ethically impermissible,
20whether requested by the child or the parent."
21    (10) The Catholic Medical Association "urges health care
22professionals to adhere to genetic science and sexual
23complementarity over ideology in the treatment of gender
24dysphoria (GD) in children. This includes especially avoiding
25puberty suppression and the use of cross-sex hormones in
26children with GD. One's sex is not a social construct, but an

 

 

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1unchangeable biological reality."
2    (11) Surgery (e.g., mastectomy and orchiectomy) is
3irreversible.
4    (12) Teen brain: Neuroscientist, Professor of Neurology at
5the University of Pennsylvania, and author of The Teenage
6Brain, Dr. Frances Jensen, explains that:
7    Teenagers do have frontal lobes, which are the seat of our
8executive, adult-like functioning like impulse control,
9judgment and empathy. But the frontal lobes haven't been
10connected with fast-acting connections yet. ...
11    But there is another part of the brain that is fully active
12in adolescents, and that's the limbic system. And that is the
13seat of risk, reward, impulsivity, sexual behavior and emotion.
14    So they are built to be novelty-seeking at this point in
15their lives.
16    (13) Suicide rate: The oft-cited suicide rate of 41% for
17those who identify as "trans" is based on an erroneous
18understanding of a study by the Williams Institute, an
19understanding that ignores the acknowledged and serious
20limitations of the study.
21    (14) There is no evidence that surgery or chemical
22disruption of normal, natural, and healthy development or
23processes reduces the incidence of suicide.
24    (15) Dr. J. Michael Bailey, Professor of Psychology at
25Northwestern University, and Dr. Raymond Blanchard, former
26psychologist in the Adult Gender Identity Clinic of Toronto's

 

 

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1Centre for Addiction and Mental Health (CAMH) from 1980-1995
2and the Head of CAMH's Clinical Sexology Services from
31995-2010, have written the following:
4        (a) Children (most commonly, adolescents) who threaten
5    to commit suicide rarely do so, although they are more
6    likely to kill themselves than children who do not threaten
7    suicide.
8        (b) Mental health problems, including suicide, are
9    associated with some forms of gender dysphoria. But suicide
10    is rare even among gender dysphoric persons.
11        (c) There is no persuasive evidence that gender
12    transition reduces gender dysphoric children's likelihood
13    of suicide.
14        (d) The idea that mental health problems, including
15    suicidality, are caused by gender dysphoria rather than the
16    other way around (i.e., mental health and personality
17    issues cause a vulnerability to experience gender
18    dysphoria) is currently popular and politically correct.
19    It is, however, unproven and as likely to be false as true.
20    (16) There is no phenomenon of women trapped in men's
21bodies or vice versa, or of men having women's brains or vice
22versa: Science has not proven that the brains of transgender
23individuals are "wired differently" than others with the same
24biological sex. In other words, there is no conclusive evidence
25of a "female brain" being contained in a male body or vice
26versa. In fact, it is impossible for an opposite sexed brain to

 

 

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1be "trapped" in the wrong body. Every brain cell of a male
2fetus has a Y chromosome; female fetal brains do not. This
3makes their brains forever intrinsically different.
4Additionally, at 8 weeks gestation, male fetuses have every
5cell of their body, including every brain cell, bathed by a
6testosterone surge secreted by their testes. Female fetuses
7lack testes; none of their cells, including their brain cells,
8experience this endogenous testosterone surge. [Reyes FI,
9Winter JS, Faiman C. "Studies on human sexual development Fetal
10gonadal and adrenal sex steroids"; J Clin Endocrinol Metab.
111973 Jul; 37(1):74-8; Lombardo, M. "Fetal Testosterone
12Influences Sexually Dimorphic Gray Matter in the Human Brain";
13The Journal of Neuroscience, 11 January 2012, 32(2); Campano,
14A. [ed]. Geneva Foundation for Medical Education and Research:
15human sexual differentiation (2016).]
16    (17) Brain-sex theories: "[C]urrent studies on
17associations between brain structure and transgender identity
18are small, methodologically limited, inconclusive, and
19sometimes contradictory. Even if they were more
20methodologically reliable, they would be insufficient to
21demonstrate that brain structure is a cause, rather than an
22effect, of the gender-identity behavior. They would likewise
23lack predictive power, the real challenge for any theory in
24science."
25    (18) Desistance: The best research to date suggests that
26without social or medical "transition" most (60-90%)

 

 

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1gender-dysphoric children will come to accept their biological
2sex after passing naturally through puberty. While "12-27% of
3'gender variant' children persist in gender dysphoria; that
4percentage rises to 40% amongst those who visit gender
5clinics." Research shows that desistance rates rise
6significantly among those who are given puberty-blockers and
7"gender-affirmative psychotherapy," thus suggesting that such
8interventions lead minors "to commit more strongly to sex
9reassignment than they might have if they had received a
10different diagnosis or a different course of treatment."
11    (19) The American College of Pediatricians confirms what
12"detransitioners" assert: There are many possible post-natal,
13environmental causes for gender dysphoria:
14    Family and peer relationships, one's school and
15neighborhood, the experience of any form of abuse, media
16exposure, chronic illness, war, and natural disasters are all
17examples of environmental factors that impact an individual's
18emotional, social, and psychological development.
19    (20) Autism: "Mounting evidence over the last decade points
20to increased rates of autism spectrum disorders (ASD) and
21autism traits among children and adults with gender dysphoria,
22or incongruence between a person's experienced or expressed
23gender and the gender assigned to them at birth. ... It is
24possible that some of the psychological characteristics common
25in children with ASD-including cognitive deficits, tendencies
26toward obsessive preoccupations, or difficulties learning from

 

 

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1other people-complicate the formation of gender identity."
2    (21) A study published in May 2018 "further confirmed a
3possible association between ASD and the wish to be of the
4opposite gender by establishing increased endorsement of this
5wish in adolescents and adults with ASD compared to the general
6population controls."
7    (22) "Rapid-onset gender dysphoria" (ROGD): Dr. J. Michael
8Bailey, Professor of Psychology at Northwestern University,
9and Dr. Raymond Blanchard, former psychologist in the Adult
10Gender Identity Clinic of Toronto's Centre for Addiction and
11Mental Health (CAMH) from 1980-1995 and the Head of CAMH's
12Clinical Sexology Services from 1995-2010, explain the
13phenomenon of ROGD:
14    The typical case of ROGD involves an adolescent or young
15adult female whose social world outside the family glorifies
16transgender phenomena and exaggerates their prevalence.
17Furthermore, it likely includes a heavy dose of internet
18involvement. The adolescent female acquires the conviction
19that she is transgender. (Not uncommonly, others in her peer
20group acquire the same conviction.) These peer groups
21encouraged each other to believe that all unhappiness, anxiety,
22and life problems are likely due to their being transgender,
23and that gender transition is the only solution. Subsequently,
24there may be a rush towards gender transition. ... We believe
25that ROGD is a socially contagious phenomenon in which a young
26person-typically a natal female-comes to believe that she has a

 

 

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1condition that she does not have. ROGD is not about discovering
2gender dysphoria that was there all along; rather, it is about
3falsely coming to believe that one's problems have been due to
4gender dysphoria previously hidden (from the self and others).
5Let us be clear: People with ROGD do have a kind of gender
6dysphoria, but it is gender dysphoria due to persuasion of
7those especially vulnerable to a false idea.
8    (23) Brown University Researcher, Dr. Lisa Littman,
9conducted a survey of parents whose children developed Rapid
10Onset Gender Dysphoria. Littman wrote that the "worsening of
11mental well-being and parent-child relationships and behaviors
12that isolate [adolescents and young adults] from their parents,
13families, non-transgender friends and mainstream sources of
14information are particularly concerning. More research is
15needed to better understand this phenomenon, its implications
16and scope."
17    (24) The number of children "being referred for
18transitioning treatment" in England has increased 4,400% for
19girls and 1,250% for boys, which has resulted in calls from
20members of Parliament for an investigation.
21    (25) Body Integrity Identity Disorder (BIID) shares in
22common several features with gender dysphoria. BIID is a
23condition in which "[s]ufferers from BIID experience a mismatch
24between their physically healthy body and the body with which
25they identify. They identify as disabled. They often desire a
26specific amputation to achieve the disabled body they want." As

 

 

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1with some cases of gender dysphoria, scientists say there is
2evidence for neurological involvement as a cause of the
3experience of BIID, and yet physicians largely oppose elective
4amputations of healthy anatomical parts:
5    According to the principle of nonmaleficence physicians
6must not perform amputations without a medical indication
7because amputations bear great risks and often have severe
8consequences besides the disability ... for example,
9infections [or] thromboses. Even though some physicians
10perform harmful surgeries as breast enlargement surgeries,
11this cannot justify surgeries that are even more harmful. Even
12if amputations would be a possible therapy for BIID, they would
13be risky experimental therapies that could be justified only if
14they promised lifesaving or the cure of severe diseases and if
15an alternative therapy would not be available. At least the
16first condition is not fulfilled in the case of BIID, and
17probably the second is not fulfilled either. Above all, an
18amputation causes an irreversible damage that could not be
19healed, even if the patient's body image would be restored
20spontaneously or through a new therapy. ... But since all
21psychiatrists who have investigated BIID patients found that
22the amputation desire is either obsessive or based on a
23monothematic delusion, and since neurological studies support
24the hypothesis of a brain disorder (which is also supported by
25the most influential advocates of elective amputations),
26elective amputations have to be regarded as severe bodily

 

 

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1injuries of patients.
2    (26) The American College of Pediatricians (ACPeds), "a
3national medical association of licensed physicians and
4healthcare professionals who specialize in the care of infants,
5children, and adolescents" that split from the American Academy
6of Pediatrics because of its politicization of the practice of
7medicine, describes puberty-suppression, cross-sex hormone,
8and surgeries variously referred to as sex-change, sex
9reassignment, gender reassignment and gender confirmation
10surgeries as child abuse."
11    (27) Dr. Lisa Simons, pediatrician at Robert H. Lurie
12Children's Hospital of Chicago, stated in a PBS Frontline
13documentary that "'The bottom line is we don't really know how
14sex hormones impact any adolescent's brain development.' ...
15What's lacking, she said, are specific studies that look at the
16neurocognitive effects of puberty blockers."
17    (28) Dr. Kenneth Zucker, one of the world's leading
18authorities on gender dysphoria, states that:
19    "Identity is a process. It is complicated. It takes a long
20period of time ... to know who a child really is. ... There are
21different pathways that can lead to gender dysphoria. ... It's
22an intellectual and clinical mistake to think that there's one
23single cause that explains all gender dysphoria. ... Just
24because little kids say something doesn't necessarily mean that
25you accept it, or that it's true, or that it's in the best
26interest of the child. ... Little kids can present with extreme

 

 

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1gender dysphoria, but that doesn't mean they're all going to
2grow up to continue to have gender dysphoria.
3    (29) Dr. Eric Vilain, a geneticist at UCLA who specializes
4in sexual development and sex differences in the brain, says
5the studies on twins are mixed and that, on the whole, "there
6is no evidence of a biological influence on transsexualism
7yet."
8    (30) Sheila Jeffreys, lesbian feminist scholar, warns
9against the "transgendering" of children: "Those who do not
10conform to correct gender stereotypes are being sterilized and
11they're being sterilized as children."
12    (31) Heather Brunskell-Evans Heather, social theorist,
13philosopher, and Senior Research Fellow at King's College,
14London, UK, and Michele Moore, Professor of Inclusive Education
15and Editor-in-Chief of the world-leading journal Disability &
16Society, critique the "transgender" ideology:
17    [O]ur central contention is that transgender children
18don't exist. Although we argue that 'the transgender child' is
19a fabrication, we do not disavow that some children and
20adolescents experience gender dysphoria and that concerned and
21loving parents will do anything to alleviate their children's
22distress. It is because of children's bodily discomfort that we
23argue it is important families and support services are
24informed by appropriate models for understanding gender. Our
25analysis of transgenderism demonstrates it is a new phenomenon,
26since dissatisfaction with assigned gender takes different

 

 

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1forms in different historical contexts. The 'transgender
2child' is a relatively new historical figure, brought into
3being by a coalition of pressure groups, political activists
4and knowledge makers. ... Bizarrely, in transgender theory,
5biology is said to be a social construct but gender is regarded
6as an inherent property located 'somewhere' in the brain or
7soul or other undefined area of the body. We reverse these
8propositions with the concept that it is gender, not biology,
9which is a social construct. From our theoretical perspective,
10the sexed body is material and biological, and gender is the
11externally imposed set of norms that prescribe and proscribe
12desirable [behaviors] for children. Our objection to
13transgenderism is that it confines children to traditional
14views about gender.
15    (32) Stephanie Davies-Arias, writer, communication skills
16expert, and pediatric transition critic, writes that "changing
17your sex to match your 'gender identity' reinforces the very
18stereotypes which [transgender organizations] claim to be
19challenging ... as, in increasing numbers, boys who love
20princess culture become 'girls' and short-haired
21football-loving girls become 'boys'. Promoted as a
22'progressive' social justice movement based on 'accepting
23difference', transgender ideology in fact takes that
24difference and stamps it out. It says that the sexist
25stereotypes of 'gender' are the true distinction between boys
26and girls and biological sex is an illusion."

 

 

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1    (33) Sex-change regret/De-transitioning: Increasing
2numbers of young men and women experience "sex-change regret"
3and are "detransitioning." Unfortunately, some effects of
4"medical transitions" are irreversible. A BBC documentary
5titled "Luke" includes a young biological woman who regrets
6taking cross-sex hormones and having a double mastectomy at age
720 and shares her experience.
 
8    Section 10. Purpose. The purpose of this Act is to protect
9gender-dysphoric, gender-discordant, and gender-non-conforming
10minors or minors who experience rapid onset gender dysphoria
11from medical procedures or the off-label use of chemicals that
12have not been studied for these purposes and that permanently
13alter anatomy, biochemistry, or physiology.
14    The State has a moral duty and legal right to step in and
15regulate medical practices that are found in violation of the
16principles that inhere in the Nuremberg Code, including the
17principle that experiments should be based on previous
18knowledge (e.g., an expectation derived from animal
19experiments) that justifies the experiment.
 
20    Section 15. Definitions. As used in this Act:
21    "Biological sex" means a person's objective, immutable
22biological sex, which may be understood according to the
23following: In biology, an organism is male or female if it is
24structured to perform one of the respective roles in

 

 

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1reproduction. This definition does not require any arbitrary
2measurable or quantifiable physical characteristics or
3behaviors; it requires understanding the reproductive system
4and the reproduction process. Different animals have different
5reproductive systems, but sexual reproduction occurs when the
6sex cells from the male and female of the species come together
7to form newly fertilized embryos. It is these reproductive
8roles that provide the conceptual basis for the differentiation
9of animals into the biological categories of male and female.
10There is no other widely accepted biological classification for
11the sexes.
12    "Desistance" means the tendency for gender dysphoria to
13resolve itself as a child gets older and older.
14    "Detransition" means the process by which someone who has
15been identifying as the opposite sex, presenting himself or
16herself as the opposite sex, taking cross-sex hormones, and may
17or may not have had surgery rejects his or her "trans" identity
18and accepts his or her objective, immutable biological sex.
19    "Gender" means the psychological, behavioral, social, and
20cultural aspects of being male or female.
21    "Gender dysphoria" means one's persistent discomfort with
22his or her sex or sense of inappropriateness in the gender role
23of that sex.
24    "Gender identity" means one's sense of oneself as male,
25female, or transgender. "Gender identity" also means one's
26innermost concept of self as male, female, a blend of both male

 

 

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1and female, or neither male nor female.
 
2    Section 20. Prohibition on treatment of persons under the
3age of 18 for gender dysphoria or gender discordance.
4    (a) A medical doctor shall not prescribe, provide,
5administer, or deliver puberty-suppressing drugs or cross-sex
6hormones and shall not perform surgical orchiectomy or
7castration, urethroplasty, vaginoplasty, mastectomy,
8phalloplasty, or metoidioplasty on biologically healthy and
9anatomically normal persons under the age of 18 for the purpose
10of treating the subjective, internal psychological condition
11of gender dysphoria or gender discordance.
12    (b) Any efforts to modify the anatomy, physiology, or
13biochemistry of a biologically healthy person under the age of
1418 who experiences gender dysphoria or gender discordance shall
15be considered unprofessional conduct and shall be subject to
16discipline by the licensing entity or disciplinary review board
17with competent jurisdiction.
18    (c) No medical doctor or mental health provider shall refer
19any person under the age of 18 to any medical doctor for
20chemical or surgical interventions to treat gender dysphoria or
21gender discordance.
 
22    Section 90. The Medical Practice Act of 1987 is amended by
23changing Section 22 as follows:
 

 

 

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1    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
2    (Section scheduled to be repealed on December 31, 2019)
3    Sec. 22. Disciplinary action.
4    (A) The Department may revoke, suspend, place on probation,
5reprimand, refuse to issue or renew, or take any other
6disciplinary or non-disciplinary action as the Department may
7deem proper with regard to the license or permit of any person
8issued under this Act, including imposing fines not to exceed
9$10,000 for each violation, upon any of the following grounds:
10        (1) Performance of an elective abortion in any place,
11    locale, facility, or institution other than:
12            (a) a facility licensed pursuant to the Ambulatory
13        Surgical Treatment Center Act;
14            (b) an institution licensed under the Hospital
15        Licensing Act;
16            (c) an ambulatory surgical treatment center or
17        hospitalization or care facility maintained by the
18        State or any agency thereof, where such department or
19        agency has authority under law to establish and enforce
20        standards for the ambulatory surgical treatment
21        centers, hospitalization, or care facilities under its
22        management and control;
23            (d) ambulatory surgical treatment centers,
24        hospitalization or care facilities maintained by the
25        Federal Government; or
26            (e) ambulatory surgical treatment centers,

 

 

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1        hospitalization or care facilities maintained by any
2        university or college established under the laws of
3        this State and supported principally by public funds
4        raised by taxation.
5        (2) Performance of an abortion procedure in a willful
6    and wanton manner on a woman who was not pregnant at the
7    time the abortion procedure was performed.
8        (3) A plea of guilty or nolo contendere, finding of
9    guilt, jury verdict, or entry of judgment or sentencing,
10    including, but not limited to, convictions, preceding
11    sentences of supervision, conditional discharge, or first
12    offender probation, under the laws of any jurisdiction of
13    the United States of any crime that is a felony.
14        (4) Gross negligence in practice under this Act.
15        (5) Engaging in dishonorable, unethical or
16    unprofessional conduct of a character likely to deceive,
17    defraud or harm the public.
18        (6) Obtaining any fee by fraud, deceit, or
19    misrepresentation.
20        (7) Habitual or excessive use or abuse of drugs defined
21    in law as controlled substances, of alcohol, or of any
22    other substances which results in the inability to practice
23    with reasonable judgment, skill or safety.
24        (8) Practicing under a false or, except as provided by
25    law, an assumed name.
26        (9) Fraud or misrepresentation in applying for, or

 

 

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1    procuring, a license under this Act or in connection with
2    applying for renewal of a license under this Act.
3        (10) Making a false or misleading statement regarding
4    their skill or the efficacy or value of the medicine,
5    treatment, or remedy prescribed by them at their direction
6    in the treatment of any disease or other condition of the
7    body or mind.
8        (11) Allowing another person or organization to use
9    their license, procured under this Act, to practice.
10        (12) Adverse action taken by another state or
11    jurisdiction against a license or other authorization to
12    practice as a medical doctor, doctor of osteopathy, doctor
13    of osteopathic medicine or doctor of chiropractic, a
14    certified copy of the record of the action taken by the
15    other state or jurisdiction being prima facie evidence
16    thereof. This includes any adverse action taken by a State
17    or federal agency that prohibits a medical doctor, doctor
18    of osteopathy, doctor of osteopathic medicine, or doctor of
19    chiropractic from providing services to the agency's
20    participants.
21        (13) Violation of any provision of this Act or of the
22    Medical Practice Act prior to the repeal of that Act, or
23    violation of the rules, or a final administrative action of
24    the Secretary, after consideration of the recommendation
25    of the Disciplinary Board.
26        (14) Violation of the prohibition against fee

 

 

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1    splitting in Section 22.2 of this Act.
2        (15) A finding by the Disciplinary Board that the
3    registrant after having his or her license placed on
4    probationary status or subjected to conditions or
5    restrictions violated the terms of the probation or failed
6    to comply with such terms or conditions.
7        (16) Abandonment of a patient.
8        (17) Prescribing, selling, administering,
9    distributing, giving or self-administering any drug
10    classified as a controlled substance (designated product)
11    or narcotic for other than medically accepted therapeutic
12    purposes.
13        (18) Promotion of the sale of drugs, devices,
14    appliances or goods provided for a patient in such manner
15    as to exploit the patient for financial gain of the
16    physician.
17        (19) Offering, undertaking or agreeing to cure or treat
18    disease by a secret method, procedure, treatment or
19    medicine, or the treating, operating or prescribing for any
20    human condition by a method, means or procedure which the
21    licensee refuses to divulge upon demand of the Department.
22        (20) Immoral conduct in the commission of any act
23    including, but not limited to, commission of an act of
24    sexual misconduct related to the licensee's practice.
25        (21) Willfully making or filing false records or
26    reports in his or her practice as a physician, including,

 

 

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1    but not limited to, false records to support claims against
2    the medical assistance program of the Department of
3    Healthcare and Family Services (formerly Department of
4    Public Aid) under the Illinois Public Aid Code.
5        (22) Willful omission to file or record, or willfully
6    impeding the filing or recording, or inducing another
7    person to omit to file or record, medical reports as
8    required by law, or willfully failing to report an instance
9    of suspected abuse or neglect as required by law.
10        (23) Being named as a perpetrator in an indicated
11    report by the Department of Children and Family Services
12    under the Abused and Neglected Child Reporting Act, and
13    upon proof by clear and convincing evidence that the
14    licensee has caused a child to be an abused child or
15    neglected child as defined in the Abused and Neglected
16    Child Reporting Act.
17        (24) Solicitation of professional patronage by any
18    corporation, agents or persons, or profiting from those
19    representing themselves to be agents of the licensee.
20        (25) Gross and willful and continued overcharging for
21    professional services, including filing false statements
22    for collection of fees for which services are not rendered,
23    including, but not limited to, filing such false statements
24    for collection of monies for services not rendered from the
25    medical assistance program of the Department of Healthcare
26    and Family Services (formerly Department of Public Aid)

 

 

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1    under the Illinois Public Aid Code.
2        (26) A pattern of practice or other behavior which
3    demonstrates incapacity or incompetence to practice under
4    this Act.
5        (27) Mental illness or disability which results in the
6    inability to practice under this Act with reasonable
7    judgment, skill or safety.
8        (28) Physical illness, including, but not limited to,
9    deterioration through the aging process, or loss of motor
10    skill which results in a physician's inability to practice
11    under this Act with reasonable judgment, skill or safety.
12        (29) Cheating on or attempt to subvert the licensing
13    examinations administered under this Act.
14        (30) Willfully or negligently violating the
15    confidentiality between physician and patient except as
16    required by law.
17        (31) The use of any false, fraudulent, or deceptive
18    statement in any document connected with practice under
19    this Act.
20        (32) Aiding and abetting an individual not licensed
21    under this Act in the practice of a profession licensed
22    under this Act.
23        (33) Violating state or federal laws or regulations
24    relating to controlled substances, legend drugs, or
25    ephedra as defined in the Ephedra Prohibition Act.
26        (34) Failure to report to the Department any adverse

 

 

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1    final action taken against them by another licensing
2    jurisdiction (any other state or any territory of the
3    United States or any foreign state or country), by any peer
4    review body, by any health care institution, by any
5    professional society or association related to practice
6    under this Act, by any governmental agency, by any law
7    enforcement agency, or by any court for acts or conduct
8    similar to acts or conduct which would constitute grounds
9    for action as defined in this Section.
10        (35) Failure to report to the Department surrender of a
11    license or authorization to practice as a medical doctor, a
12    doctor of osteopathy, a doctor of osteopathic medicine, or
13    doctor of chiropractic in another state or jurisdiction, or
14    surrender of membership on any medical staff or in any
15    medical or professional association or society, while
16    under disciplinary investigation by any of those
17    authorities or bodies, for acts or conduct similar to acts
18    or conduct which would constitute grounds for action as
19    defined in this Section.
20        (36) Failure to report to the Department any adverse
21    judgment, settlement, or award arising from a liability
22    claim related to acts or conduct similar to acts or conduct
23    which would constitute grounds for action as defined in
24    this Section.
25        (37) Failure to provide copies of medical records as
26    required by law.

 

 

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1        (38) Failure to furnish the Department, its
2    investigators or representatives, relevant information,
3    legally requested by the Department after consultation
4    with the Chief Medical Coordinator or the Deputy Medical
5    Coordinator.
6        (39) Violating the Health Care Worker Self-Referral
7    Act.
8        (40) Willful failure to provide notice when notice is
9    required under the Parental Notice of Abortion Act of 1995.
10        (41) Failure to establish and maintain records of
11    patient care and treatment as required by this law.
12        (42) Entering into an excessive number of written
13    collaborative agreements with licensed advanced practice
14    registered nurses resulting in an inability to adequately
15    collaborate.
16        (43) Repeated failure to adequately collaborate with a
17    licensed advanced practice registered nurse.
18        (44) Violating the Compassionate Use of Medical
19    Cannabis Pilot Program Act.
20        (45) Entering into an excessive number of written
21    collaborative agreements with licensed prescribing
22    psychologists resulting in an inability to adequately
23    collaborate.
24        (46) Repeated failure to adequately collaborate with a
25    licensed prescribing psychologist.
26        (47) Willfully failing to report an instance of

 

 

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1    suspected abuse, neglect, financial exploitation, or
2    self-neglect of an eligible adult as defined in and
3    required by the Adult Protective Services Act.
4        (48) Being named as an abuser in a verified report by
5    the Department on Aging under the Adult Protective Services
6    Act, and upon proof by clear and convincing evidence that
7    the licensee abused, neglected, or financially exploited
8    an eligible adult as defined in the Adult Protective
9    Services Act.
10        (49) Entering into an excessive number of written
11    collaborative agreements with licensed physician
12    assistants resulting in an inability to adequately
13    collaborate.
14        (50) Repeated failure to adequately collaborate with a
15    physician assistant.
16        (51) Violating the Youth Health Protection Act.
17    Except for actions involving the ground numbered (26), all
18proceedings to suspend, revoke, place on probationary status,
19or take any other disciplinary action as the Department may
20deem proper, with regard to a license on any of the foregoing
21grounds, must be commenced within 5 years next after receipt by
22the Department of a complaint alleging the commission of or
23notice of the conviction order for any of the acts described
24herein. Except for the grounds numbered (8), (9), (26), and
25(29), no action shall be commenced more than 10 years after the
26date of the incident or act alleged to have violated this

 

 

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1Section. For actions involving the ground numbered (26), a
2pattern of practice or other behavior includes all incidents
3alleged to be part of the pattern of practice or other behavior
4that occurred, or a report pursuant to Section 23 of this Act
5received, within the 10-year period preceding the filing of the
6complaint. In the event of the settlement of any claim or cause
7of action in favor of the claimant or the reduction to final
8judgment of any civil action in favor of the plaintiff, such
9claim, cause of action or civil action being grounded on the
10allegation that a person licensed under this Act was negligent
11in providing care, the Department shall have an additional
12period of 2 years from the date of notification to the
13Department under Section 23 of this Act of such settlement or
14final judgment in which to investigate and commence formal
15disciplinary proceedings under Section 36 of this Act, except
16as otherwise provided by law. The time during which the holder
17of the license was outside the State of Illinois shall not be
18included within any period of time limiting the commencement of
19disciplinary action by the Department.
20    The entry of an order or judgment by any circuit court
21establishing that any person holding a license under this Act
22is a person in need of mental treatment operates as a
23suspension of that license. That person may resume their
24practice only upon the entry of a Departmental order based upon
25a finding by the Disciplinary Board that they have been
26determined to be recovered from mental illness by the court and

 

 

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1upon the Disciplinary Board's recommendation that they be
2permitted to resume their practice.
3    The Department may refuse to issue or take disciplinary
4action concerning the license of any person who fails to file a
5return, or to pay the tax, penalty or interest shown in a filed
6return, or to pay any final assessment of tax, penalty or
7interest, as required by any tax Act administered by the
8Illinois Department of Revenue, until such time as the
9requirements of any such tax Act are satisfied as determined by
10the Illinois Department of Revenue.
11    The Department, upon the recommendation of the
12Disciplinary Board, shall adopt rules which set forth standards
13to be used in determining:
14        (a) when a person will be deemed sufficiently
15    rehabilitated to warrant the public trust;
16        (b) what constitutes dishonorable, unethical or
17    unprofessional conduct of a character likely to deceive,
18    defraud, or harm the public;
19        (c) what constitutes immoral conduct in the commission
20    of any act, including, but not limited to, commission of an
21    act of sexual misconduct related to the licensee's
22    practice; and
23        (d) what constitutes gross negligence in the practice
24    of medicine.
25    However, no such rule shall be admissible into evidence in
26any civil action except for review of a licensing or other

 

 

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1disciplinary action under this Act.
2    In enforcing this Section, the Disciplinary Board or the
3Licensing Board, upon a showing of a possible violation, may
4compel, in the case of the Disciplinary Board, any individual
5who is licensed to practice under this Act or holds a permit to
6practice under this Act, or, in the case of the Licensing
7Board, any individual who has applied for licensure or a permit
8pursuant to this Act, to submit to a mental or physical
9examination and evaluation, or both, which may include a
10substance abuse or sexual offender evaluation, as required by
11the Licensing Board or Disciplinary Board and at the expense of
12the Department. The Disciplinary Board or Licensing Board shall
13specifically designate the examining physician licensed to
14practice medicine in all of its branches or, if applicable, the
15multidisciplinary team involved in providing the mental or
16physical examination and evaluation, or both. The
17multidisciplinary team shall be led by a physician licensed to
18practice medicine in all of its branches and may consist of one
19or more or a combination of physicians licensed to practice
20medicine in all of its branches, licensed chiropractic
21physicians, licensed clinical psychologists, licensed clinical
22social workers, licensed clinical professional counselors, and
23other professional and administrative staff. Any examining
24physician or member of the multidisciplinary team may require
25any person ordered to submit to an examination and evaluation
26pursuant to this Section to submit to any additional

 

 

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

 

 

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

 

 

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1under this Section, a hearing upon such person's license must
2be convened by the Disciplinary Board within 15 days after such
3suspension and completed without appreciable delay. The
4Disciplinary Board shall have the authority to review the
5subject physician's record of treatment and counseling
6regarding the impairment, to the extent permitted by applicable
7federal statutes and regulations safeguarding the
8confidentiality of medical records.
9    An individual licensed under this Act, affected under this
10Section, shall be afforded an opportunity to demonstrate to the
11Disciplinary Board that they can resume practice in compliance
12with acceptable and prevailing standards under the provisions
13of their license.
14    The Department may promulgate rules for the imposition of
15fines in disciplinary cases, not to exceed $10,000 for each
16violation of this Act. Fines may be imposed in conjunction with
17other forms of disciplinary action, but shall not be the
18exclusive disposition of any disciplinary action arising out of
19conduct resulting in death or injury to a patient. Any funds
20collected from such fines shall be deposited in the Illinois
21State Medical Disciplinary Fund.
22    All fines imposed under this Section shall be paid within
2360 days after the effective date of the order imposing the fine
24or in accordance with the terms set forth in the order imposing
25the fine.
26    (B) The Department shall revoke the license or permit

 

 

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1issued under this Act to practice medicine or a chiropractic
2physician who has been convicted a second time of committing
3any felony under the Illinois Controlled Substances Act or the
4Methamphetamine Control and Community Protection Act, or who
5has been convicted a second time of committing a Class 1 felony
6under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
7person whose license or permit is revoked under this subsection
8B shall be prohibited from practicing medicine or treating
9human ailments without the use of drugs and without operative
10surgery.
11    (C) The Department shall not revoke, suspend, place on
12probation, reprimand, refuse to issue or renew, or take any
13other disciplinary or non-disciplinary action against the
14license or permit issued under this Act to practice medicine to
15a physician:
16        (1) based solely upon the recommendation of the
17    physician to an eligible patient regarding, or
18    prescription for, or treatment with, an investigational
19    drug, biological product, or device; or
20        (2) for experimental treatment for Lyme disease or
21    other tick-borne diseases, including, but not limited to,
22    the prescription of or treatment with long-term
23    antibiotics.
24    (D) The Disciplinary Board shall recommend to the
25Department civil penalties and any other appropriate
26discipline in disciplinary cases when the Board finds that a

 

 

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1physician willfully performed an abortion with actual
2knowledge that the person upon whom the abortion has been
3performed is a minor or an incompetent person without notice as
4required under the Parental Notice of Abortion Act of 1995.
5Upon the Board's recommendation, the Department shall impose,
6for the first violation, a civil penalty of $1,000 and for a
7second or subsequent violation, a civil penalty of $5,000.
8(Source: P.A. 99-270, eff. 1-1-16; 99-933, eff. 1-27-17;
9100-429, eff. 8-25-17; 100-513, eff. 1-1-18; 100-605, eff.
101-1-19; 100-863, eff. 8-14-18; 100-1137, eff. 1-1-19; revised
1112-19-18.)