Illinois Compiled Statutes
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225 ILCS 95/21
(225 ILCS 95/21)
(from Ch. 111, par. 4621)
(Section scheduled to be repealed on January 1, 2028)
Grounds for disciplinary action.
(a) The Department may refuse to issue or to renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action with regard to any license issued under this Act as the
Department may deem proper, including the issuance of fines not to exceed
for each violation, for any one or combination of the following causes:
(1) Material misstatement in furnishing information
(2) Violations of this Act, or the rules adopted
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or sentencing, including, but not limited to, convictions, preceding sentences of supervision, conditional discharge, or first offender probation, under the laws of any jurisdiction of the United States that is: (i) a felony; or (ii) a misdemeanor, an essential element of which is dishonesty, or that is directly related to the practice of the profession.
(4) Making any misrepresentation for the purpose of
(5) Professional incompetence.
(6) Aiding or assisting another person in violating
any provision of this Act or its rules.
(7) Failing, within 60 days, to provide information
in response to a written request made by the Department.
(8) Engaging in dishonorable, unethical, or
unprofessional conduct, as defined by rule, of a character likely to deceive, defraud, or harm the public.
(9) Habitual or excessive use or addiction to
alcohol, narcotics, stimulants, or any other chemical agent or drug that results in a physician assistant's inability to practice with reasonable judgment, skill, or safety.
(10) Discipline by another U.S. jurisdiction or
foreign nation, if at least one of the grounds for discipline is the same or substantially equivalent to those set forth in this Section.
(11) Directly or indirectly giving to or receiving
from any person, firm, corporation, partnership, or association any fee, commission, rebate or other form of compensation for any professional services not actually or personally rendered. Nothing in this paragraph (11) affects any bona fide independent contractor or employment arrangements, which may include provisions for compensation, health insurance, pension, or other employment benefits, with persons or entities authorized under this Act for the provision of services within the scope of the licensee's practice under this Act.
(12) A finding by the Board that the licensee, after
having his or her license placed on probationary status, has violated the terms of probation.
(13) Abandonment of a patient.
(14) Willfully making or filing false records or
reports in his or her practice, including but not limited to false records filed with State agencies or departments.
(15) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused and Neglected Child Reporting Act.
(16) Physical illness, or mental illness or
impairment that results in the inability to practice the profession with reasonable judgment, skill, or safety, including, but not limited to, deterioration through the aging process or loss of motor skill.
(17) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services under the Abused and Neglected Child Reporting Act, and upon proof by clear and convincing evidence that the licensee has caused a child to be an abused child or neglected child as defined in the Abused and Neglected Child Reporting Act.
(19) Gross negligence resulting in permanent injury
(20) Employment of fraud, deception or any unlawful
means in applying for or securing a license as a physician assistant.
(21) Exceeding the authority delegated to him or her
by his or her collaborating physician in a written collaborative agreement.
(22) Immoral conduct in the commission of any act,
such as sexual abuse, sexual misconduct, or sexual exploitation related to the licensee's practice.
(23) Violation of the Health Care Worker
(24) Practicing under a false or assumed name, except
(25) Making a false or misleading statement regarding
his or her skill or the efficacy or value of the medicine, treatment, or remedy prescribed by him or her in the course of treatment.
(26) Allowing another person to use his or her
(27) Prescribing, selling, administering,
distributing, giving, or self-administering a drug classified as a controlled substance for other than medically accepted therapeutic purposes.
(28) Promotion of the sale of drugs, devices,
appliances, or goods provided for a patient in a manner to exploit the patient for financial gain.
(29) A pattern of practice or other behavior that
demonstrates incapacity or incompetence to practice under this Act.
(30) Violating State or federal laws or regulations
relating to controlled substances or other legend drugs or ephedra as defined in the Ephedra Prohibition Act.
(31) Exceeding the prescriptive authority delegated
by the collaborating physician or violating the written collaborative agreement delegating that authority.
(32) Practicing without providing to the Department a
notice of collaboration or delegation of prescriptive authority.
(33) Failure to establish and maintain records of
patient care and treatment as required by law.
(34) Attempting to subvert or cheat on the
examination of the National Commission on Certification of Physician Assistants or its successor agency.
(35) Willfully or negligently violating the
confidentiality between physician assistant and patient, except as required by law.
(36) Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or self-neglect of an eligible adult as defined in and required by the Adult Protective Services Act.
(37) Being named as an abuser in a verified report by
the Department on Aging under the Adult Protective Services Act and upon proof by clear and convincing evidence that the licensee abused, neglected, or financially exploited an eligible adult as defined in the Adult Protective Services Act.
(38) Failure to report to the Department an adverse
final action taken against him or her by another licensing jurisdiction of the United States or a foreign state or country, a peer review body, a health care institution, a professional society or association, a governmental agency, a law enforcement agency, or a court acts or conduct similar to acts or conduct that would constitute grounds for action under this Section.
(39) Failure to provide copies of records of patient
care or treatment, except as required by law.
(40) Entering into an excessive number of written
collaborative agreements with licensed physicians resulting in an inability to adequately collaborate.
(41) Repeated failure to adequately collaborate
with a collaborating physician.
(42) Violating the Compassionate Use of Medical
(b) The Department may, without a hearing, refuse to issue or renew or may suspend the license of any
person who fails to file a return, or to pay the tax, penalty or interest
shown in a filed return, or to pay any final assessment of the tax,
penalty, or interest as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the requirements of any
such tax Act are satisfied.
(b-5) The Department shall not revoke, suspend, summarily suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a physician assistant based solely upon the
physician assistant providing, authorizing, recommending,
aiding, assisting, referring for, or otherwise participating
in any health care service, so long as the care was not unlawful
under the laws of this State,
regardless of whether the patient was a resident of this State
or another state.
(b-10) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a physician assistant based upon the physician
assistant's license being revoked or suspended, or the
physician assistant being otherwise disciplined by any other
state, if that revocation, suspension, or other form of
discipline was based solely on the physician assistant
violating another state's laws prohibiting the provision of,
authorization of, recommendation of, aiding or assisting in,
referring for, or participation in any health care service if
that health care service as provided would not have been unlawful under the laws of this State
and is consistent with the standards of conduct for a physician
assistant practicing in Illinois.
(b-15) The conduct specified in subsections (b-5) and (b-10)
shall not constitute grounds for suspension under Section
(b-20) An applicant seeking licensure, certification, or
authorization pursuant to this Act who has been subject to
disciplinary action by a duly authorized professional
disciplinary agency of another jurisdiction solely on the
basis of having provided, authorized, recommended, aided,
assisted, referred for, or otherwise participated in health
care shall not be denied such licensure, certification, or
authorization, unless the Department determines that such action would have constituted professional misconduct in this
State; however, nothing in this Section shall be
construed as prohibiting the Department from evaluating the
conduct of such applicant and making a determination regarding
the licensure, certification, or authorization to practice a
profession under this Act.
(c) The determination by a circuit court that a licensee is subject to
involuntary admission or judicial admission as provided in the Mental Health
and Developmental Disabilities Code operates as an automatic suspension.
suspension will end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission and issues an
order so finding and discharging the patient, and upon the
the Board to the Secretary
that the licensee be allowed to resume
his or her practice.
(d) In enforcing this Section, the Department upon a showing of a
violation may compel an individual licensed to practice under this Act, or
who has applied for licensure under this Act, to submit
to a mental or physical examination, or both, which may include a substance abuse or sexual offender evaluation, as required by and at the expense
of the Department.
The Department shall specifically designate the examining physician licensed to practice medicine in all of its branches or, if applicable, the multidisciplinary team involved in providing the mental or physical examination or both. The multidisciplinary team shall be led by a physician licensed to practice medicine in all of its branches and may consist of one or more or a combination of physicians licensed to practice medicine in all of its branches, licensed clinical psychologists, licensed clinical social workers, licensed clinical professional counselors, and other professional and administrative staff. Any examining physician or member of the multidisciplinary team may require any person ordered to submit to an examination pursuant to this Section to submit to any additional supplemental testing deemed necessary to complete any examination or evaluation process, including, but not limited to, blood testing, urinalysis, psychological testing, or neuropsychological testing.
The Department may order the examining physician or any member of the multidisciplinary team to provide to the Department any and all records, including business records, that relate to the examination and evaluation, including any supplemental testing performed.
The Department may order the examining physician or any member of the multidisciplinary team to
testimony concerning the mental or physical examination of the licensee or
applicant. No information, report, record, or other documents in any way related to the examination shall be excluded by reason of any common law or
statutory privilege relating to communications between the licensee or
applicant and the examining physician or any member of the multidisciplinary team. No authorization is necessary from the licensee or applicant ordered to undergo an examination for the examining physician or any member of the multidisciplinary team to provide information, reports, records, or other documents or to provide any testimony regarding the examination and evaluation.
The individual to be examined may have, at his or her own expense, another
physician of his or her choice present during all
aspects of this examination. However, that physician shall be present only to observe and may not interfere in any way with the examination.
Failure of an individual to submit to a mental
physical examination, when ordered, shall result in an automatic suspension of his or
license until the individual submits to the examination.
If the Department finds an individual unable to practice because of
set forth in this Section, the Department may require that individual
care, counseling, or treatment by physicians approved
or designated by the Department, as a condition, term, or restriction
renewed licensure to practice; or, in lieu of care, counseling, or treatment,
the Department may file
a complaint to immediately
suspend, revoke, or otherwise discipline the license of the individual.
An individual whose
license was granted, continued, reinstated, renewed, disciplined, or supervised
subject to such terms, conditions, or restrictions, and who fails to comply
such terms, conditions, or restrictions, shall be referred to the Secretary
determination as to whether the individual shall have his or her license
suspended immediately, pending a hearing by the Department.
In instances in which the Secretary
immediately suspends a person's license
under this Section, a hearing on that person's license must be convened by
the Department within 30
days after the suspension and completed without
The Department shall have the authority to review the subject
individual's record of
treatment and counseling regarding the impairment to the extent permitted by
applicable federal statutes and regulations safeguarding the confidentiality of
An individual licensed under this Act and affected under this Section shall
afforded an opportunity to demonstrate to the Department that he or
she can resume
practice in compliance with acceptable and prevailing standards under the
provisions of his or her license.
(e) An individual or organization acting in good faith, and not in a willful and wanton manner, in complying with this Section by providing a report or other information to the Board, by assisting in the investigation or preparation of a report or information, by participating in proceedings of the Board, or by serving as a member of the Board, shall not be subject to criminal prosecution or civil damages as a result of such actions.
(f) Members of the Board shall be indemnified by the State for any actions occurring within the scope of services on the Board, done in good faith and not willful and wanton in nature. The Attorney General shall defend all such actions unless he or she determines either that there would be a conflict of interest in such representation or that the actions complained of were not in good faith or were willful and wanton.
If the Attorney General declines representation, the member has the right to employ counsel of his or her choice, whose fees shall be provided by the State, after approval by the Attorney General, unless there is a determination by a court that the member's actions were not in good faith or were willful and wanton.
The member must notify the Attorney General within 7 days after receipt of notice of the initiation of any action involving services of the Board. Failure to so notify the Attorney General constitutes an absolute waiver of the right to a defense and indemnification.
The Attorney General shall determine, within 7 days after receiving such notice, whether he or she will undertake to represent the member.
(g) The Department may adopt rules to implement the changes made by this amendatory Act of the 102nd General Assembly.
(Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21; 102-1117, eff. 1-13-23.)