Public Act 103-0442
 
HB3109 EnrolledLRB103 29825 AMQ 56233 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Medical Practice Act of 1987 is amended by
changing Sections 9 and 22 as follows:
 
    (225 ILCS 60/9)  (from Ch. 111, par. 4400-9)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 9. Application for license. Each applicant for a
license shall:
        (A) Make application on blank forms prepared and
    furnished by the Department.
        (B) Submit evidence satisfactory to the Department
    that the applicant:
            (1) is of good moral character. In determining
        moral character under this Section, the Department may
        take into consideration whether the applicant has
        engaged in conduct or activities which would
        constitute grounds for discipline under this Act. The
        Department may also request the applicant to submit,
        and may consider as evidence of moral character,
        endorsements from 2 or 3 individuals licensed under
        this Act;
            (2) has the preliminary and professional education
        required by this Act;
            (3) (blank); and
            (4) is physically, mentally, and professionally
        capable of practicing medicine with reasonable
        judgment, skill, and safety. In determining physical
        and mental capacity under this Section, the Medical
        Board may, upon a showing of a possible incapacity or
        conduct or activities that would constitute grounds
        for discipline under this Act, compel any applicant to
        submit to a mental or physical examination and
        evaluation, or both, as provided for in Section 22 of
        this Act. The Medical Board may condition or restrict
        any license, subject to the same terms and conditions
        as are provided for the Medical Board under Section 22
        of this Act. Any such condition of a restricted
        license shall provide that the Chief Medical
        Coordinator or Deputy Medical Coordinator shall have
        the authority to review the subject physician's
        compliance with such conditions or restrictions,
        including, where appropriate, the physician's record
        of treatment and counseling regarding the impairment,
        to the extent permitted by applicable federal statutes
        and regulations safeguarding the confidentiality of
        medical records of patients. The Medical Board, in
        determining mental capacity, shall consider the latest
        recommendations of the Federation of State Medical
        Boards.
        In determining professional capacity under this
    Section, an individual may be required to complete such
    additional testing, training, or remedial education as the
    Medical Board may deem necessary in order to establish the
    applicant's present capacity to practice medicine with
    reasonable judgment, skill, and safety. The Medical Board
    may consider the following criteria, as they relate to an
    applicant, as part of its determination of professional
    capacity:
            (1) Medical research in an established research
        facility, hospital, college or university, or private
        corporation.
            (2) Specialized training or education.
            (3) Publication of original work in learned,
        medical, or scientific journals.
            (4) Participation in federal, State, local, or
        international public health programs or organizations.
            (5) Professional service in a federal veterans or
        military institution.
            (6) Any other professional activities deemed to
        maintain and enhance the clinical capabilities of the
        applicant.
        Any applicant applying for a license to practice
    medicine in all of its branches or for a license as a
    chiropractic physician who has not been engaged in the
    active practice of medicine or has not been enrolled in a
    medical program for 2 years prior to application must
    submit proof of professional capacity to the Medical
    Board.
        Any applicant applying for a temporary license that
    has not been engaged in the active practice of medicine or
    has not been enrolled in a medical program for longer than
    5 years prior to application must submit proof of
    professional capacity to the Medical Board.
        (C) Designate specifically the name, location, and
    kind of professional school, college, or institution of
    which the applicant is a graduate and the category under
    which the applicant seeks, and will undertake, to
    practice.
        (D) Pay to the Department at the time of application
    the required fees.
        (E) Pursuant to Department rules, as required, pass an
    examination authorized by the Department to determine the
    applicant's fitness to receive a license.
        (F) Complete the application process within 3 years
    from the date of application. If the process has not been
    completed within 3 years, the application shall expire,
    application fees shall be forfeited, and the applicant
    must reapply and meet the requirements in effect at the
    time of reapplication.
(Source: P.A. 102-20, eff. 1-1-22.)
 
    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 22. Disciplinary action.
    (A) The Department may revoke, suspend, place on
probation, reprimand, refuse to issue or renew, or take any
other disciplinary or non-disciplinary action as the
Department may deem proper with regard to the license or
permit of any person issued under this Act, including imposing
fines not to exceed $10,000 for each violation, upon any of the
following grounds:
        (1) (Blank).
        (2) (Blank).
        (3) A 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 of any crime that is a felony.
        (4) Gross negligence in practice under this Act.
        (5) Engaging in dishonorable, unethical, or
    unprofessional conduct of a character likely to deceive,
    defraud, or harm the public.
        (6) Obtaining any fee by fraud, deceit, or
    misrepresentation.
        (7) Habitual or excessive use or abuse of drugs
    defined in law as controlled substances, of alcohol, or of
    any other substances which results in the inability to
    practice with reasonable judgment, skill, or safety.
        (8) Practicing under a false or, except as provided by
    law, an assumed name.
        (9) Fraud or misrepresentation in applying for, or
    procuring, a license under this Act or in connection with
    applying for renewal of a license under this Act.
        (10) Making a false or misleading statement regarding
    their skill or the efficacy or value of the medicine,
    treatment, or remedy prescribed by them at their direction
    in the treatment of any disease or other condition of the
    body or mind.
        (11) Allowing another person or organization to use
    their license, procured under this Act, to practice.
        (12) Adverse action taken by another state or
    jurisdiction against a license or other authorization to
    practice as a medical doctor, doctor of osteopathy, doctor
    of osteopathic medicine, or doctor of chiropractic, a
    certified copy of the record of the action taken by the
    other state or jurisdiction being prima facie evidence
    thereof. This includes any adverse action taken by a State
    or federal agency that prohibits a medical doctor, doctor
    of osteopathy, doctor of osteopathic medicine, or doctor
    of chiropractic from providing services to the agency's
    participants.
        (13) Violation of any provision of this Act or of the
    Medical Practice Act prior to the repeal of that Act, or
    violation of the rules, or a final administrative action
    of the Secretary, after consideration of the
    recommendation of the Medical Board.
        (14) Violation of the prohibition against fee
    splitting in Section 22.2 of this Act.
        (15) A finding by the Medical Board that the
    registrant after having his or her license placed on
    probationary status or subjected to conditions or
    restrictions violated the terms of the probation or failed
    to comply with such terms or conditions.
        (16) Abandonment of a patient.
        (17) Prescribing, selling, administering,
    distributing, giving, or self-administering any drug
    classified as a controlled substance (designated product)
    or narcotic for other than medically accepted therapeutic
    purposes.
        (18) Promotion of the sale of drugs, devices,
    appliances, or goods provided for a patient in such manner
    as to exploit the patient for financial gain of the
    physician.
        (19) Offering, undertaking, or agreeing to cure or
    treat disease by a secret method, procedure, treatment, or
    medicine, or the treating, operating, or prescribing for
    any human condition by a method, means, or procedure which
    the licensee refuses to divulge upon demand of the
    Department.
        (20) Immoral conduct in the commission of any act
    including, but not limited to, commission of an act of
    sexual misconduct related to the licensee's practice.
        (21) Willfully making or filing false records or
    reports in his or her practice as a physician, including,
    but not limited to, false records to support claims
    against the medical assistance program of the Department
    of Healthcare and Family Services (formerly Department of
    Public Aid) under the Illinois Public Aid Code.
        (22) Willful omission to file or record, or willfully
    impeding the filing or recording, or inducing another
    person to omit to file or record, medical reports as
    required by law, or willfully failing to report an
    instance of suspected abuse or neglect as required by law.
        (23) 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.
        (24) Solicitation of professional patronage by any
    corporation, agents, or persons, or profiting from those
    representing themselves to be agents of the licensee.
        (25) Gross and willful and continued overcharging for
    professional services, including filing false statements
    for collection of fees for which services are not
    rendered, including, but not limited to, filing such false
    statements for collection of monies for services not
    rendered from the medical assistance program of the
    Department of Healthcare and Family Services (formerly
    Department of Public Aid) under the Illinois Public Aid
    Code.
        (26) A pattern of practice or other behavior which
    demonstrates incapacity or incompetence to practice under
    this Act.
        (27) Mental illness or disability which results in the
    inability to practice under this Act with reasonable
    judgment, skill, or safety.
        (28) Physical illness, including, but not limited to,
    deterioration through the aging process, or loss of motor
    skill which results in a physician's inability to practice
    under this Act with reasonable judgment, skill, or safety.
        (29) Cheating on or attempting to subvert the
    licensing examinations administered under this Act.
        (30) Willfully or negligently violating the
    confidentiality between physician and patient except as
    required by law.
        (31) The use of any false, fraudulent, or deceptive
    statement in any document connected with practice under
    this Act.
        (32) Aiding and abetting an individual not licensed
    under this Act in the practice of a profession licensed
    under this Act.
        (33) Violating State or federal laws or regulations
    relating to controlled substances, legend drugs, or
    ephedra as defined in the Ephedra Prohibition Act.
        (34) Failure to report to the Department any adverse
    final action taken against them by another licensing
    jurisdiction (any other state or any territory of the
    United States or any foreign state or country), by any
    peer review body, by any health care institution, by any
    professional society or association related to practice
    under this Act, by any governmental agency, by any law
    enforcement agency, or by any court for acts or conduct
    similar to acts or conduct which would constitute grounds
    for action as defined in this Section.
        (35) Failure to report to the Department surrender of
    a license or authorization to practice as a medical
    doctor, a doctor of osteopathy, a doctor of osteopathic
    medicine, or doctor of chiropractic in another state or
    jurisdiction, or surrender of membership on any medical
    staff or in any medical or professional association or
    society, while under disciplinary investigation by any of
    those authorities or bodies, for acts or conduct similar
    to acts or conduct which would constitute grounds for
    action as defined in this Section.
        (36) Failure to report to the Department any adverse
    judgment, settlement, or award arising from a liability
    claim related to acts or conduct similar to acts or
    conduct which would constitute grounds for action as
    defined in this Section.
        (37) Failure to provide copies of medical records as
    required by law.
        (38) Failure to furnish the Department, its
    investigators or representatives, relevant information,
    legally requested by the Department after consultation
    with the Chief Medical Coordinator or the Deputy Medical
    Coordinator.
        (39) Violating the Health Care Worker Self-Referral
    Act.
        (40) (Blank).
        (41) Failure to establish and maintain records of
    patient care and treatment as required by this law.
        (42) Entering into an excessive number of written
    collaborative agreements with licensed advanced practice
    registered nurses resulting in an inability to adequately
    collaborate.
        (43) Repeated failure to adequately collaborate with a
    licensed advanced practice registered nurse.
        (44) Violating the Compassionate Use of Medical
    Cannabis Program Act.
        (45) Entering into an excessive number of written
    collaborative agreements with licensed prescribing
    psychologists resulting in an inability to adequately
    collaborate.
        (46) Repeated failure to adequately collaborate with a
    licensed prescribing psychologist.
        (47) 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.
        (48) 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.
        (49) Entering into an excessive number of written
    collaborative agreements with licensed physician
    assistants resulting in an inability to adequately
    collaborate.
        (50) Repeated failure to adequately collaborate with a
    physician assistant.
    Except for actions involving the ground numbered (26), all
proceedings to suspend, revoke, place on probationary status,
or take any other disciplinary action as the Department may
deem proper, with regard to a license on any of the foregoing
grounds, must be commenced within 5 years next after receipt
by the Department of a complaint alleging the commission of or
notice of the conviction order for any of the acts described
herein. Except for the grounds numbered (8), (9), (26), and
(29), no action shall be commenced more than 10 years after the
date of the incident or act alleged to have violated this
Section. For actions involving the ground numbered (26), a
pattern of practice or other behavior includes all incidents
alleged to be part of the pattern of practice or other behavior
that occurred, or a report pursuant to Section 23 of this Act
received, within the 10-year period preceding the filing of
the complaint. In the event of the settlement of any claim or
cause of action in favor of the claimant or the reduction to
final judgment of any civil action in favor of the plaintiff,
such claim, cause of action, or civil action being grounded on
the allegation that a person licensed under this Act was
negligent in providing care, the Department shall have an
additional period of 2 years from the date of notification to
the Department under Section 23 of this Act of such settlement
or final judgment in which to investigate and commence formal
disciplinary proceedings under Section 36 of this Act, except
as otherwise provided by law. The time during which the holder
of the license was outside the State of Illinois shall not be
included within any period of time limiting the commencement
of disciplinary action by the Department.
    The entry of an order or judgment by any circuit court
establishing that any person holding a license under this Act
is a person in need of mental treatment operates as a
suspension of that license. That person may resume his or her
practice only upon the entry of a Departmental order based
upon a finding by the Medical Board that the person has been
determined to be recovered from mental illness by the court
and upon the Medical Board's recommendation that the person be
permitted to resume his or her practice.
    The Department may refuse to issue or take disciplinary
action concerning 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 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 as determined
by the Illinois Department of Revenue.
    The Department, upon the recommendation of the Medical
Board, shall adopt rules which set forth standards to be used
in determining:
        (a) when a person will be deemed sufficiently
    rehabilitated to warrant the public trust;
        (b) what constitutes dishonorable, unethical, or
    unprofessional conduct of a character likely to deceive,
    defraud, or harm the public;
        (c) what constitutes immoral conduct in the commission
    of any act, including, but not limited to, commission of
    an act of sexual misconduct related to the licensee's
    practice; and
        (d) what constitutes gross negligence in the practice
    of medicine.
    However, no such rule shall be admissible into evidence in
any civil action except for review of a licensing or other
disciplinary action under this Act.
    In enforcing this Section, the Medical Board, upon a
showing of a possible violation, may compel any individual who
is licensed to practice under this Act or holds a permit to
practice under this Act, or any individual who has applied for
licensure or a permit pursuant to this Act, to submit to a
mental or physical examination and evaluation, or both, which
may include a substance abuse or sexual offender evaluation,
as required by the Medical Board and at the expense of the
Department. The Medical Board 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 and
evaluation, 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 chiropractic physicians, 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 and evaluation 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 Medical Board or the Department may order the
examining physician or any member of the multidisciplinary
team to provide to the Department or the Medical Board any and
all records, including business records, that relate to the
examination and evaluation, including any supplemental testing
performed. The Medical Board or the Department may order the
examining physician or any member of the multidisciplinary
team to present testimony concerning this examination and
evaluation of the licensee, permit holder, or applicant,
including testimony concerning any supplemental testing or
documents relating to the examination and evaluation. No
information, report, record, or other documents in any way
related to the examination and evaluation shall be excluded by
reason of any common law or statutory privilege relating to
communication between the licensee, permit holder, or
applicant and the examining physician or any member of the
multidisciplinary team. No authorization is necessary from the
licensee, permit holder, or applicant ordered to undergo an
evaluation and 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 the examination. Failure of any individual to
submit to mental or physical examination and evaluation, or
both, when directed, shall result in an automatic suspension,
without hearing, until such time as the individual submits to
the examination. If the Medical Board finds a physician unable
to practice following an examination and evaluation because of
the reasons set forth in this Section, the Medical Board shall
require such physician to submit to care, counseling, or
treatment by physicians, or other health care professionals,
approved or designated by the Medical Board, as a condition
for issued, continued, reinstated, or renewed licensure to
practice. Any physician, whose license was granted pursuant to
Section 9, 17, or 19 of this Act, or, continued, reinstated,
renewed, disciplined, or supervised, subject to such terms,
conditions, or restrictions who shall fail to comply with such
terms, conditions, or restrictions, or to complete a required
program of care, counseling, or treatment, as determined by
the Chief Medical Coordinator or Deputy Medical Coordinators,
shall be referred to the Secretary for a determination as to
whether the licensee shall have his or her license suspended
immediately, pending a hearing by the Medical Board. In
instances in which the Secretary immediately suspends a
license under this Section, a hearing upon such person's
license must be convened by the Medical Board within 15 days
after such suspension and completed without appreciable delay.
The Medical Board shall have the authority to review the
subject physician's record of treatment and counseling
regarding the impairment, to the extent permitted by
applicable federal statutes and regulations safeguarding the
confidentiality of medical records.
    An individual licensed under this Act, affected under this
Section, shall be afforded an opportunity to demonstrate to
the Medical Board that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
    The Medical Board, in determining mental capacity of an
individual licensed under this Act, shall consider the latest
recommendations of the Federation of State Medical Boards.
    The Department may promulgate rules for the imposition of
fines in disciplinary cases, not to exceed $10,000 for each
violation of this Act. Fines may be imposed in conjunction
with other forms of disciplinary action, but shall not be the
exclusive disposition of any disciplinary action arising out
of conduct resulting in death or injury to a patient. Any funds
collected from such fines shall be deposited in the Illinois
State Medical Disciplinary Fund.
    All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the fine
or in accordance with the terms set forth in the order imposing
the fine.
    (B) The Department shall revoke the license or permit
issued under this Act to practice medicine or a chiropractic
physician who has been convicted a second time of committing
any felony under the Illinois Controlled Substances Act or the
Methamphetamine Control and Community Protection Act, or who
has been convicted a second time of committing a Class 1 felony
under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
person whose license or permit is revoked under this
subsection B shall be prohibited from practicing medicine or
treating human ailments without the use of drugs and without
operative surgery.
    (C) The Department shall not revoke, suspend, place on
probation, 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 medicine
to a physician:
        (1) based solely upon the recommendation of the
    physician to an eligible patient regarding, or
    prescription for, or treatment with, an investigational
    drug, biological product, or device;
        (2) for experimental treatment for Lyme disease or
    other tick-borne diseases, including, but not limited to,
    the prescription of or treatment with long-term
    antibiotics;
        (3) based solely upon the physician 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; or
        (4) based upon the physician's license being revoked
    or suspended, or the physician being otherwise disciplined
    by any other state, if that revocation, suspension, or
    other form of discipline was based solely on the physician
    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 the physician if it occurred in Illinois.
    (D) (Blank).
    (E) The conduct specified in subsection (C) shall not
trigger reporting requirements under Section 23, constitute
grounds for suspension under Section 25, or be included on the
physician's profile required under Section 10 of the Patients'
Right to Know Act.
    (F) An applicant seeking licensure, certification, or
authorization pursuant to this Act and 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 the
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 the
applicant and making a determination regarding the licensure,
certification, or authorization to practice a profession under
this Act.
    (G) The Department may adopt rules to implement the
changes made by this amendatory Act of the 102nd General
Assembly.
(Source: P.A. 101-13, eff. 6-12-19; 101-81, eff. 7-12-19;
101-363, eff. 8-9-19; 102-20, eff. 1-1-22; 102-558, eff.
8-20-21; 102-813, eff. 5-13-22; 102-1117, eff. 1-13-23.)