Illinois General Assembly - Full Text of HB1464
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Full Text of HB1464  102nd General Assembly

HB1464ham001 102ND GENERAL ASSEMBLY

Rep. Maura Hirschauer

Filed: 3/31/2022

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1464

2    AMENDMENT NO. ______. Amend House Bill 1464 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Medical Practice Act of 1987 is amended by
5changing Sections 22 as follows:
 
6    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
7    (Section scheduled to be repealed on January 1, 2027)
8    Sec. 22. Disciplinary action.
9    (A) The Department may revoke, suspend, place on
10probation, reprimand, refuse to issue or renew, or take any
11other disciplinary or non-disciplinary action as the
12Department may deem proper with regard to the license or
13permit of any person issued under this Act, including imposing
14fines not to exceed $10,000 for each violation, upon any of the
15following grounds:
16        (1) (Blank).

 

 

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1        (2) (Blank).
2        (3) A plea of guilty or nolo contendere, finding of
3    guilt, jury verdict, or entry of judgment or sentencing,
4    including, but not limited to, convictions, preceding
5    sentences of supervision, conditional discharge, or first
6    offender probation, under the laws of any jurisdiction of
7    the United States of any crime that is a felony.
8        (4) Gross negligence in practice under this Act.
9        (5) Engaging in dishonorable, unethical, or
10    unprofessional conduct of a character likely to deceive,
11    defraud or harm the public.
12        (6) Obtaining any fee by fraud, deceit, or
13    misrepresentation.
14        (7) Habitual or excessive use or abuse of drugs
15    defined in law as controlled substances, of alcohol, or of
16    any other substances which results in the inability to
17    practice with reasonable judgment, skill, or safety.
18        (8) Practicing under a false or, except as provided by
19    law, an assumed name.
20        (9) Fraud or misrepresentation in applying for, or
21    procuring, a license under this Act or in connection with
22    applying for renewal of a license under this Act.
23        (10) Making a false or misleading statement regarding
24    their skill or the efficacy or value of the medicine,
25    treatment, or remedy prescribed by them at their direction
26    in the treatment of any disease or other condition of the

 

 

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1    body or mind.
2        (11) Allowing another person or organization to use
3    their license, procured under this Act, to practice.
4        (12) Adverse action taken by another state or
5    jurisdiction against a license or other authorization to
6    practice as a medical doctor, doctor of osteopathy, doctor
7    of osteopathic medicine or doctor of chiropractic, a
8    certified copy of the record of the action taken by the
9    other state or jurisdiction being prima facie evidence
10    thereof. This includes any adverse action taken by a State
11    or federal agency that prohibits a medical doctor, doctor
12    of osteopathy, doctor of osteopathic medicine, or doctor
13    of chiropractic from providing services to the agency's
14    participants.
15        (13) Violation of any provision of this Act or of the
16    Medical Practice Act prior to the repeal of that Act, or
17    violation of the rules, or a final administrative action
18    of the Secretary, after consideration of the
19    recommendation of the Medical Board.
20        (14) Violation of the prohibition against fee
21    splitting in Section 22.2 of this Act.
22        (15) A finding by the Medical Board that the
23    registrant after having his or her license placed on
24    probationary status or subjected to conditions or
25    restrictions violated the terms of the probation or failed
26    to comply with such terms or conditions.

 

 

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1        (16) Abandonment of a patient.
2        (17) Prescribing, selling, administering,
3    distributing, giving, or self-administering any drug
4    classified as a controlled substance (designated product)
5    or narcotic for other than medically accepted therapeutic
6    purposes.
7        (18) Promotion of the sale of drugs, devices,
8    appliances, or goods provided for a patient in such manner
9    as to exploit the patient for financial gain of the
10    physician.
11        (19) Offering, undertaking, or agreeing to cure or
12    treat disease by a secret method, procedure, treatment, or
13    medicine, or the treating, operating, or prescribing for
14    any human condition by a method, means, or procedure which
15    the licensee refuses to divulge upon demand of the
16    Department.
17        (20) Immoral conduct in the commission of any act
18    including, but not limited to, commission of an act of
19    sexual misconduct related to the licensee's practice.
20        (21) Willfully making or filing false records or
21    reports in his or her practice as a physician, including,
22    but not limited to, false records to support claims
23    against the medical assistance program of the Department
24    of Healthcare and Family Services (formerly Department of
25    Public Aid) under the Illinois Public Aid Code.
26        (22) Willful omission to file or record, or willfully

 

 

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1    impeding the filing or recording, or inducing another
2    person to omit to file or record, medical reports as
3    required by law, or willfully failing to report an
4    instance of suspected abuse or neglect as required by law.
5        (23) Being named as a perpetrator in an indicated
6    report by the Department of Children and Family Services
7    under the Abused and Neglected Child Reporting Act, and
8    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        (24) Solicitation of professional patronage by any
13    corporation, agents or persons, or profiting from those
14    representing themselves to be agents of the licensee.
15        (25) Gross and willful and continued overcharging for
16    professional services, including filing false statements
17    for collection of fees for which services are not
18    rendered, including, but not limited to, filing such false
19    statements for collection of monies for services not
20    rendered from the medical assistance program of the
21    Department of Healthcare and Family Services (formerly
22    Department of Public Aid) under the Illinois Public Aid
23    Code.
24        (26) A pattern of practice or other behavior which
25    demonstrates incapacity or incompetence to practice under
26    this Act.

 

 

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

 

 

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1    professional society or association related to practice
2    under this Act, by any governmental agency, by any law
3    enforcement agency, or by any court for acts or conduct
4    similar to acts or conduct which would constitute grounds
5    for action as defined in this Section.
6        (35) Failure to report to the Department surrender of
7    a license or authorization to practice as a medical
8    doctor, a doctor of osteopathy, a doctor of osteopathic
9    medicine, or doctor of chiropractic in another state or
10    jurisdiction, or surrender of membership on any medical
11    staff or in any medical or professional association or
12    society, while under disciplinary investigation by any of
13    those authorities or bodies, for acts or conduct similar
14    to acts or conduct which would constitute grounds for
15    action as defined in this Section.
16        (36) Failure to report to the Department any adverse
17    judgment, settlement, or award arising from a liability
18    claim related to acts or conduct similar to acts or
19    conduct which would constitute grounds for action as
20    defined in this Section.
21        (37) Failure to provide copies of medical records as
22    required by law.
23        (38) Failure to furnish the Department, its
24    investigators or representatives, relevant information,
25    legally requested by the Department after consultation
26    with the Chief Medical Coordinator or the Deputy Medical

 

 

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

 

 

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

 

 

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1received, within the 10-year period preceding the filing of
2the complaint. In the event of the settlement of any claim or
3cause of action in favor of the claimant or the reduction to
4final judgment of any civil action in favor of the plaintiff,
5such claim, cause of action, or civil action being grounded on
6the allegation that a person licensed under this Act was
7negligent in providing care, the Department shall have an
8additional period of 2 years from the date of notification to
9the Department under Section 23 of this Act of such settlement
10or final judgment in which to investigate and commence formal
11disciplinary proceedings under Section 36 of this Act, except
12as otherwise provided by law. The time during which the holder
13of the license was outside the State of Illinois shall not be
14included within any period of time limiting the commencement
15of disciplinary action by the Department.
16    The entry of an order or judgment by any circuit court
17establishing that any person holding a license under this Act
18is a person in need of mental treatment operates as a
19suspension of that license. That person may resume his or her
20practice only upon the entry of a Departmental order based
21upon a finding by the Medical Board that the person has been
22determined to be recovered from mental illness by the court
23and upon the Medical Board's recommendation that the person be
24permitted to resume his or her practice.
25    The Department may refuse to issue or take disciplinary
26action concerning the license of any person who fails to file a

 

 

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

 

 

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

 

 

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1all records, including business records, that relate to the
2examination and evaluation, including any supplemental testing
3performed. The Medical Board or the Department may order the
4examining physician or any member of the multidisciplinary
5team to present testimony concerning this examination and
6evaluation of the licensee, permit holder, or applicant,
7including testimony concerning any supplemental testing or
8documents relating to the examination and evaluation. No
9information, report, record, or other documents in any way
10related to the examination and evaluation shall be excluded by
11reason of any common law or statutory privilege relating to
12communication between the licensee, permit holder, or
13applicant and the examining physician or any member of the
14multidisciplinary team. No authorization is necessary from the
15licensee, permit holder, or applicant ordered to undergo an
16evaluation and examination for the examining physician or any
17member of the multidisciplinary team to provide information,
18reports, records, or other documents or to provide any
19testimony regarding the examination and evaluation. The
20individual to be examined may have, at his or her own expense,
21another physician of his or her choice present during all
22aspects of the examination. Failure of any individual to
23submit to mental or physical examination and evaluation, or
24both, when directed, shall result in an automatic suspension,
25without hearing, until such time as the individual submits to
26the examination. If the Medical Board finds a physician unable

 

 

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1to practice following an examination and evaluation because of
2the reasons set forth in this Section, the Medical Board shall
3require such physician to submit to care, counseling, or
4treatment by physicians, or other health care professionals,
5approved or designated by the Medical Board, as a condition
6for issued, continued, reinstated, or renewed licensure to
7practice. Any physician, whose license was granted pursuant to
8Sections 9, 17, or 19 of this Act, or, continued, reinstated,
9renewed, disciplined or supervised, subject to such terms,
10conditions, or restrictions who shall fail to comply with such
11terms, conditions, or restrictions, or to complete a required
12program of care, counseling, or treatment, as determined by
13the Chief Medical Coordinator or Deputy Medical Coordinators,
14shall be referred to the Secretary for a determination as to
15whether the licensee shall have his or her license suspended
16immediately, pending a hearing by the Medical Board. In
17instances in which the Secretary immediately suspends a
18license under this Section, a hearing upon such person's
19license must be convened by the Medical Board within 15 days
20after such suspension and completed without appreciable delay.
21The Medical Board shall have the authority to review the
22subject physician's record of treatment and counseling
23regarding the impairment, to the extent permitted by
24applicable federal statutes and regulations safeguarding the
25confidentiality of medical records.
26    An individual licensed under this Act, affected under this

 

 

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1Section, shall be afforded an opportunity to demonstrate to
2the Medical Board that he or she can resume practice in
3compliance with acceptable and prevailing standards under the
4provisions of his or her license.
5    The Department may promulgate rules for the imposition of
6fines in disciplinary cases, not to exceed $10,000 for each
7violation of this Act. Fines may be imposed in conjunction
8with other forms of disciplinary action, but shall not be the
9exclusive disposition of any disciplinary action arising out
10of conduct resulting in death or injury to a patient. Any funds
11collected from such fines shall be deposited in the Illinois
12State Medical Disciplinary Fund.
13    All fines imposed under this Section shall be paid within
1460 days after the effective date of the order imposing the fine
15or in accordance with the terms set forth in the order imposing
16the fine.
17    (B) The Department shall revoke the license or permit
18issued under this Act to practice medicine or a chiropractic
19physician who has been convicted a second time of committing
20any felony under the Illinois Controlled Substances Act or the
21Methamphetamine Control and Community Protection Act, or who
22has been convicted a second time of committing a Class 1 felony
23under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
24person whose license or permit is revoked under this
25subsection B shall be prohibited from practicing medicine or
26treating human ailments without the use of drugs and without

 

 

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1operative surgery.
2    (C) The Department shall not revoke, suspend, place on
3probation, reprimand, refuse to issue or renew, or take any
4other disciplinary or non-disciplinary action against the
5license or permit issued under this Act to practice medicine
6to a physician:
7        (1) based solely upon the recommendation of the
8    physician to an eligible patient regarding, or
9    prescription for, or treatment with, an investigational
10    drug, biological product, or device; or
11        (2) for experimental treatment for Lyme disease or
12    other tick-borne diseases, including, but not limited to,
13    the prescription of or treatment with long-term
14    antibiotics; or .
15        (3) based solely upon the license of a physician being
16    revoked or disciplined by any state or territory for the
17    provision of, authorization of, or participation in any
18    health care, medical service, or procedure related to an
19    abortion on the basis that such health care, medical
20    service, or procedure related to an abortion is unlawful
21    or prohibited in that state or territory, if the provision
22    of, authorization of, or participation in that health
23    care, medical service, or procedure related to an abortion
24    is not unlawful or prohibited in this State.
25    (D) The Medical Board shall recommend to the Department
26civil penalties and any other appropriate discipline in

 

 

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1disciplinary cases when the Medical Board finds that a
2physician 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(Source: P.A. 101-13, eff. 6-12-19; 101-81, eff. 7-12-19;
11101-363, eff. 8-9-19; 102-20, eff. 1-1-22; 102-558, eff.
128-20-21; revised 12-2-21.)
 
13    Section 10. The Nurse Practice Act is amended by changing
14Section 70-5 as follows:
 
15    (225 ILCS 65/70-5)   (was 225 ILCS 65/10-45)
16    (Section scheduled to be repealed on January 1, 2028)
17    Sec. 70-5. Grounds for disciplinary action.
18    (a) The Department may refuse to issue or to renew, or may
19revoke, suspend, place on probation, reprimand, or take other
20disciplinary or non-disciplinary action as the Department may
21deem appropriate, including fines not to exceed $10,000 per
22violation, with regard to a license for any one or combination
23of the causes set forth in subsection (b) below. All fines
24collected under this Section shall be deposited in the Nursing

 

 

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1Dedicated and Professional Fund.
2    (b) Grounds for disciplinary action include the following:
3        (1) Material deception in furnishing information to
4    the Department.
5        (2) Material violations of any provision of this Act
6    or violation of the rules of or final administrative
7    action of the Secretary, after consideration of the
8    recommendation of the Board.
9        (3) Conviction by plea of guilty or nolo contendere,
10    finding of guilt, jury verdict, or entry of judgment or by
11    sentencing of any crime, including, but not limited to,
12    convictions, preceding sentences of supervision,
13    conditional discharge, or first offender probation, under
14    the laws of any jurisdiction of the United States: (i)
15    that is a felony; or (ii) that is a misdemeanor, an
16    essential element of which is dishonesty, or that is
17    directly related to the practice of the profession.
18        (4) A pattern of practice or other behavior which
19    demonstrates incapacity or incompetency to practice under
20    this Act.
21        (5) Knowingly aiding or assisting another person in
22    violating any provision of this Act or rules.
23        (6) Failing, within 90 days, to provide a response to
24    a request for information in response to a written request
25    made by the Department by certified or registered mail or
26    by email to the email address of record.

 

 

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1        (7) Engaging in dishonorable, unethical or
2    unprofessional conduct of a character likely to deceive,
3    defraud or harm the public, as defined by rule.
4        (8) Unlawful taking, theft, selling, distributing, or
5    manufacturing of any drug, narcotic, or prescription
6    device.
7        (9) Habitual or excessive use or addiction to alcohol,
8    narcotics, stimulants, or any other chemical agent or drug
9    that could result in a licensee's inability to practice
10    with reasonable judgment, skill or safety.
11        (10) Discipline by another U.S. jurisdiction or
12    foreign nation, if at least one of the grounds for the
13    discipline is the same or substantially equivalent to
14    those set forth in this Section.
15        (11) A finding that the licensee, after having her or
16    his license placed on probationary status or subject to
17    conditions or restrictions, has violated the terms of
18    probation or failed to comply with such terms or
19    conditions.
20        (12) Being named as a perpetrator in an indicated
21    report by the Department of Children and Family Services
22    and under the Abused and Neglected Child Reporting Act,
23    and 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.

 

 

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1        (13) Willful omission to file or record, or willfully
2    impeding the filing or recording or inducing another
3    person to omit to file or record medical reports as
4    required by law.
5        (13.5) Willfully failing to report an instance of
6    suspected child abuse or neglect as required by the Abused
7    and Neglected Child Reporting Act.
8        (14) Gross negligence in the practice of practical,
9    professional, or advanced practice registered nursing.
10        (15) Holding oneself out to be practicing nursing
11    under any name other than one's own.
12        (16) Failure of a licensee to report to the Department
13    any adverse final action taken against him or her by
14    another licensing jurisdiction of the United States or any
15    foreign state or country, any peer review body, any health
16    care institution, any professional or nursing society or
17    association, any governmental agency, any law enforcement
18    agency, or any court or a nursing liability claim related
19    to acts or conduct similar to acts or conduct that would
20    constitute grounds for action as defined in this Section.
21        (17) Failure of a licensee to report to the Department
22    surrender by the licensee of a license or authorization to
23    practice nursing or advanced practice registered nursing
24    in another state or jurisdiction or current surrender by
25    the licensee of membership on any nursing staff or in any
26    nursing or advanced practice registered nursing or

 

 

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1    professional association or society while under
2    disciplinary investigation by any of those authorities or
3    bodies for acts or conduct similar to acts or conduct that
4    would constitute grounds for action as defined by this
5    Section.
6        (18) Failing, within 60 days, to provide information
7    in response to a written request made by the Department.
8        (19) Failure to establish and maintain records of
9    patient care and treatment as required by law.
10        (20) Fraud, deceit or misrepresentation in applying
11    for or procuring a license under this Act or in connection
12    with applying for renewal of a license under this Act.
13        (21) Allowing another person or organization to use
14    the licensee's license to deceive the public.
15        (22) Willfully making or filing false records or
16    reports in the licensee's practice, including but not
17    limited to false records to support claims against the
18    medical assistance program of the Department of Healthcare
19    and Family Services (formerly Department of Public Aid)
20    under the Illinois Public Aid Code.
21        (23) Attempting to subvert or cheat on a licensing
22    examination administered under this Act.
23        (24) Immoral conduct in the commission of an act,
24    including, but not limited to, sexual abuse, sexual
25    misconduct, or sexual exploitation, related to the
26    licensee's practice.

 

 

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1        (25) Willfully or negligently violating the
2    confidentiality between nurse and patient except as
3    required by law.
4        (26) Practicing under a false or assumed name, except
5    as provided by law.
6        (27) The use of any false, fraudulent, or deceptive
7    statement in any document connected with the licensee's
8    practice.
9        (28) Directly or indirectly giving to or receiving
10    from a person, firm, corporation, partnership, or
11    association a fee, commission, rebate, or other form of
12    compensation for professional services not actually or
13    personally rendered. Nothing in this paragraph (28)
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 (28) shall be construed to require an employment
23    arrangement to receive professional fees for services
24    rendered.
25        (29) A violation of the Health Care Worker
26    Self-Referral Act.

 

 

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1        (30) Physical illness, mental illness, or disability
2    that results in the inability to practice the profession
3    with reasonable judgment, skill, or safety.
4        (31) Exceeding the terms of a collaborative agreement
5    or the prescriptive authority delegated to a licensee by
6    his or her collaborating physician or podiatric physician
7    in guidelines established under a written collaborative
8    agreement.
9        (32) Making a false or misleading statement regarding
10    a licensee's skill or the efficacy or value of the
11    medicine, treatment, or remedy prescribed by him or her in
12    the course of treatment.
13        (33) Prescribing, selling, administering,
14    distributing, giving, or self-administering a drug
15    classified as a controlled substance (designated product)
16    or narcotic for other than medically accepted therapeutic
17    purposes.
18        (34) Promotion of the sale of drugs, devices,
19    appliances, or goods provided for a patient in a manner to
20    exploit the patient for financial gain.
21        (35) Violating State or federal laws, rules, or
22    regulations relating to controlled substances.
23        (36) Willfully or negligently violating the
24    confidentiality between an advanced practice registered
25    nurse, collaborating physician, dentist, or podiatric
26    physician and a patient, except as required by law.

 

 

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1        (37) Willfully failing to report an instance of
2    suspected abuse, neglect, financial exploitation, or
3    self-neglect of an eligible adult as defined in and
4    required by the Adult Protective Services Act.
5        (38) Being named as an abuser in a verified report by
6    the Department on Aging and under the Adult Protective
7    Services Act, and upon proof by clear and convincing
8    evidence that the licensee abused, neglected, or
9    financially exploited an eligible adult as defined in the
10    Adult Protective Services Act.
11        (39) A violation of any provision of this Act or any
12    rules adopted under this Act.
13        (40) Violating the Compassionate Use of Medical
14    Cannabis Program Act.
15    (b-5) The Department shall not revoke, suspend, place on
16prohibition, reprimand, refuse to issue or renew, or take any
17other disciplinary or non-disciplinary action against the
18license or permit issued under this Act to practice as a
19registered nurse or an advanced practice registered nurse
20based solely upon the license of a registered nurse or an
21advanced practice registered nurse being revoked or
22disciplined by any state or territory for the provision of,
23authorization of, or participation in any health care, medical
24service, or procedure related to an abortion on the basis that
25such health care, medical service, or procedure related to an
26abortion is unlawful or prohibited in that state or territory,

 

 

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1if the provision of, authorization of, or participation in
2that health care, medical service, or procedure related to an
3abortion is not unlawful or prohibited in this State.
4    (c) The determination by a circuit court that a licensee
5is subject to involuntary admission or judicial admission as
6provided in the Mental Health and Developmental Disabilities
7Code, as amended, operates as an automatic suspension. The
8suspension will end only upon a finding by a court that the
9patient is no longer subject to involuntary admission or
10judicial admission and issues an order so finding and
11discharging the patient; and upon the recommendation of the
12Board to the Secretary that the licensee be allowed to resume
13his or her practice.
14    (d) The Department may refuse to issue or may suspend or
15otherwise discipline the license of any person who fails to
16file a return, or to pay the tax, penalty or interest shown in
17a filed return, or to pay any final assessment of the tax,
18penalty, or interest as required by any tax Act administered
19by the Department of Revenue, until such time as the
20requirements of any such tax Act are satisfied.
21    (e) In enforcing this Act, the Department, upon a showing
22of a possible violation, may compel an individual licensed to
23practice under this Act or who has applied for licensure under
24this Act, to submit to a mental or physical examination, or
25both, as required by and at the expense of the Department. The
26Department may order the examining physician to present

 

 

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1testimony concerning the mental or physical examination of the
2licensee or applicant. No information shall be excluded by
3reason of any common law or statutory privilege relating to
4communications between the licensee or applicant and the
5examining physician. The examining physicians shall be
6specifically designated by the Department. The individual to
7be examined may have, at his or her own expense, another
8physician of his or her choice present during all aspects of
9this examination. Failure of an individual to submit to a
10mental or physical examination, when directed, shall result in
11an automatic suspension without hearing.
12    All substance-related violations shall mandate an
13automatic substance abuse assessment. Failure to submit to an
14assessment by a licensed physician who is certified as an
15addictionist or an advanced practice registered nurse with
16specialty certification in addictions may be grounds for an
17automatic suspension, as defined by rule.
18    If the Department finds an individual unable to practice
19or unfit for duty because of the reasons set forth in this
20subsection (e), the Department may require that individual to
21submit to a substance abuse evaluation or treatment by
22individuals or programs approved or designated by the
23Department, as a condition, term, or restriction for
24continued, restored, or renewed licensure to practice; or, in
25lieu of evaluation or treatment, the Department may file, or
26the Board may recommend to the Department to file, a complaint

 

 

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1to immediately suspend, revoke, or otherwise discipline the
2license of the individual. An individual whose license was
3granted, continued, restored, renewed, disciplined or
4supervised subject to such terms, conditions, or restrictions,
5and who fails to comply with such terms, conditions, or
6restrictions, shall be referred to the Secretary for a
7determination as to whether the individual shall have his or
8her license suspended immediately, pending a hearing by the
9Department.
10    In instances in which the Secretary immediately suspends a
11person's license under this subsection (e), a hearing on that
12person's license must be convened by the Department within 15
13days after the suspension and completed without appreciable
14delay. The Department and Board shall have the authority to
15review the subject individual's record of treatment and
16counseling regarding the impairment to the extent permitted by
17applicable federal statutes and regulations safeguarding the
18confidentiality of medical records.
19    An individual licensed under this Act and affected under
20this subsection (e) shall be afforded an opportunity to
21demonstrate to the Department that he or she can resume
22practice in compliance with nursing standards under the
23provisions of his or her license.
24(Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21.)
 
25    Section 15. The Physician Assistant Practice Act of 1987

 

 

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1is amended by changing Section 21 as follows:
 
2    (225 ILCS 95/21)  (from Ch. 111, par. 4621)
3    (Section scheduled to be repealed on January 1, 2028)
4    Sec. 21. 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 physician assistant's inability to
13    practice with 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 (11)
23    affects any bona fide independent contractor or employment
24    arrangements, which may include provisions for
25    compensation, health insurance, pension, or other
26    employment benefits, with persons or entities authorized

 

 

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1    under this Act for the provision of services within the
2    scope of the licensee's practice under this Act.
3        (12) A finding by the Disciplinary Board that the
4    licensee, after having his or her license placed on
5    probationary 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 departments.
10        (15) 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        (16) Physical illness, or mental illness or impairment
14    that results in the inability to practice the profession
15    with reasonable judgment, skill, or safety, including, but
16    not limited to, deterioration through the aging process or
17    loss of motor skill.
18        (17) 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        (18) (Blank).
26        (19) Gross negligence resulting in permanent injury or

 

 

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

 

 

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

 

 

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

 

 

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1penalty, or interest as required by any tax Act administered
2by the Illinois Department of Revenue, until such time as the
3requirements of any such tax Act are satisfied.
4    (b-5) The Department shall not revoke, suspend, place on
5prohibition, reprimand, refuse to issue or renew, or take any
6other disciplinary or non-disciplinary action against the
7license or permit issued under this Act to practice as a
8physician assistant based solely upon the license of a
9physician assistant being revoked or disciplined by any state
10or territory for the provision of, authorization of, or
11participation in any health care, medical service, or
12procedure related to an abortion on the basis that such health
13care, medical service, or procedure related to an abortion is
14unlawful or prohibited in that state or territory, if the
15provision of, authorization of, or participation in that
16health care, medical service, or procedure related to an
17abortion is not unlawful or prohibited in this State.
18    (c) The determination by a circuit court that a licensee
19is subject to involuntary admission or judicial admission as
20provided in the Mental Health and Developmental Disabilities
21Code operates as an automatic suspension. The suspension will
22end only upon a finding by a court that the patient is no
23longer subject to involuntary admission or judicial admission
24and issues an order so finding and discharging the patient,
25and upon the recommendation of the Disciplinary Board to the
26Secretary that the licensee be allowed to resume his or her

 

 

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

 

 

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

 

 

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1to the examination.
2    If the Department finds an individual unable to practice
3because of the reasons set forth in this Section, the
4Department may require that individual to submit to care,
5counseling, or treatment by physicians approved or designated
6by the Department, as a condition, term, or restriction for
7continued, reinstated, or renewed licensure to practice; or,
8in lieu of care, counseling, or treatment, the Department may
9file a complaint to immediately suspend, revoke, or otherwise
10discipline the license of the individual. An individual whose
11license was granted, continued, reinstated, renewed,
12disciplined, or supervised subject to such terms, conditions,
13or restrictions, and who fails to comply with such terms,
14conditions, or restrictions, shall be referred to the
15Secretary for a determination as to whether the individual
16shall have his or her license suspended immediately, pending a
17hearing by the Department.
18    In instances in which the Secretary immediately suspends a
19person's license under this Section, a hearing on that
20person's license must be convened by the Department within 30
21days after the suspension and completed without appreciable
22delay. The Department shall have the authority to review the
23subject individual's record of treatment and counseling
24regarding the impairment to the extent permitted by applicable
25federal statutes and regulations safeguarding the
26confidentiality of medical records.

 

 

10200HB1464ham001- 38 -LRB102 03480 AMQ 38375 a

1    An individual licensed under this Act and affected under
2this Section shall be afforded an opportunity to demonstrate
3to the Department that he or she can resume practice in
4compliance with acceptable and prevailing standards under the
5provisions of his or her license.
6    (e) An individual or organization acting in good faith,
7and not in a willful and wanton manner, in complying with this
8Section by providing a report or other information to the
9Board, by assisting in the investigation or preparation of a
10report or information, by participating in proceedings of the
11Board, or by serving as a member of the Board, shall not be
12subject to criminal prosecution or civil damages as a result
13of such actions.
14    (f) Members of the Board and the Disciplinary Board shall
15be indemnified by the State for any actions occurring within
16the scope of services on the Disciplinary Board or Board, done
17in good faith and not willful and wanton in nature. The
18Attorney General shall defend all such actions unless he or
19she determines either that there would be a conflict of
20interest in such representation or that the actions complained
21of were not in good faith or were willful and wanton.
22    If the Attorney General declines representation, the
23member has the right to employ counsel of his or her choice,
24whose fees shall be provided by the State, after approval by
25the Attorney General, unless there is a determination by a
26court that the member's actions were not in good faith or were

 

 

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1willful and wanton.
2    The member must notify the Attorney General within 7 days
3after receipt of notice of the initiation of any action
4involving services of the Disciplinary Board. Failure to so
5notify the Attorney General constitutes an absolute waiver of
6the right to a defense and indemnification.
7    The Attorney General shall determine, within 7 days after
8receiving such notice, whether he or she will undertake to
9represent the member.
10(Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.".