Rep. Kelly M. Cassidy

Filed: 1/5/2023

 

 


 

 


 
10200SB1534ham004LRB102 10353 LNS 42481 a

1
AMENDMENT TO SENATE BILL 1534

2    AMENDMENT NO. ______. Amend Senate Bill 1534, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5
"Article 1

 
6    Section 1-1. Short title; references to Act.
7    (a) This Article may be cited as the Public Higher
8Education Emergency Health Act. References in this Article to
9"this Act" mean this Article.
10    (b) This Act, including the new and amendatory provisions,
11may be referred to as the Patient and Provider Protection Act.
 
12    Section 1-3. Intent. It is the intent of the General
13Assembly that the requirements set forth in this Act should
14apply equally to each public institution of higher education
15in this State and to the governing board of each public

 

 

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1institution of higher education in this State.
 
2    Section 1-5. Definitions. As used in this Act:
3    "Emergency contraception" means medication approved by the
4federal Food and Drug Administration that can significantly
5reduce the risk of pregnancy if taken within 72 hours after
6unprotected sexual intercourse.
7    "Governing board of each public institution of higher
8education" means the Board of Trustees of the University of
9Illinois, the Board of Trustees of Southern Illinois
10University, the Board of Trustees of Chicago State University,
11the Board of Trustees of Eastern Illinois University, the
12Board of Trustees of Governors State University, the Board of
13Trustees of Illinois State University, the Board of Trustees
14of Northeastern Illinois University, the Board of Trustees of
15Northern Illinois University, the Board of Trustees of Western
16Illinois University, and the board of trustees of each
17community college district in this State.
18    "Public institution of higher education" means the
19University of Illinois, Southern Illinois University, Chicago
20State University, Eastern Illinois University, Governors State
21University, Illinois State University, Northeastern Illinois
22University, Northern Illinois University, Western Illinois
23University, a public community college in this State, or any
24other public university, college, or community college now or
25hereafter established or authorized by the General Assembly.
 

 

 

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1    Section 1-10. Emergency contraception availability on
2campus.
3    (a) The governing board of each public institution of
4higher education shall make emergency contraception available
5for purchase through at least one vending machine located on
6each campus under its jurisdiction.
7    (b) A public institution of higher education shall ensure
8that the emergency contraception made available through each
9vending machine satisfies, at a minimum, all of the following
10requirements:
11        (1) The emergency contraception must be sold only in
12    the manufacturer's clearly labeled, original, unbroken,
13    tamper-proof, and expiration-dated packaging.
14        (2) The emergency contraception may not be dispensed
15    after the manufacturer's expiration date.
16        (3) The emergency contraception must be stored in
17    accordance with manufacturer recommendations.
18        (4) The emergency contraception must be made available
19    at a reduced price, which may not exceed $40.
20    (c) A public institution of higher education shall ensure
21that each vending machine has, at a minimum:
22        (1) an obvious and legible statement on the machine
23    that identifies the owner of the machine;
24        (2) a toll-free telephone number at which the consumer
25    may contact the owner of the machine; and

 

 

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1        (3) a statement advising the consumer to check the
2    expiration date of the product before using the product.
 
3
Article 2

 
4    Section 2-5. The State Employees Group Insurance Act of
51971 is amended by changing Section 6.11 as follows:
 
6    (5 ILCS 375/6.11)
7    (Text of Section before amendment by P.A. 102-768)
8    Sec. 6.11. Required health benefits; Illinois Insurance
9Code requirements. The program of health benefits shall
10provide the post-mastectomy care benefits required to be
11covered by a policy of accident and health insurance under
12Section 356t of the Illinois Insurance Code. The program of
13health benefits shall provide the coverage required under
14Sections 356g, 356g.5, 356g.5-1, 356m, 356q, 356u, 356w, 356x,
15356z.2, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10,
16356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.22,
17356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33,
18356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, and
19356z.51, and 356z.53, 356z.54, 356z.56, 356z.57, 356z.59, and
20356z.60 of the Illinois Insurance Code. The program of health
21benefits must comply with Sections 155.22a, 155.37, 355b,
22356z.19, 370c, and 370c.1 and Article XXXIIB of the Illinois
23Insurance Code. The Department of Insurance shall enforce the

 

 

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1requirements of this Section with respect to Sections 370c and
2370c.1 of the Illinois Insurance Code; all other requirements
3of this Section shall be enforced by the Department of Central
4Management Services.
5    Rulemaking authority to implement Public Act 95-1045, if
6any, is conditioned on the rules being adopted in accordance
7with all provisions of the Illinois Administrative Procedure
8Act and all rules and procedures of the Joint Committee on
9Administrative Rules; any purported rule not so adopted, for
10whatever reason, is unauthorized.
11(Source: P.A. 101-13, eff. 6-12-19; 101-281, eff. 1-1-20;
12101-393, eff. 1-1-20; 101-452, eff. 1-1-20; 101-461, eff.
131-1-20; 101-625, eff. 1-1-21; 102-30, eff. 1-1-22; 102-103,
14eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22;
15102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff.
161-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816,
17eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23;
18revised 12-13-22.)
 
19    (Text of Section after amendment by P.A. 102-768)
20    Sec. 6.11. Required health benefits; Illinois Insurance
21Code requirements. The program of health benefits shall
22provide the post-mastectomy care benefits required to be
23covered by a policy of accident and health insurance under
24Section 356t of the Illinois Insurance Code. The program of
25health benefits shall provide the coverage required under

 

 

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1Sections 356g, 356g.5, 356g.5-1, 356m, 356q, 356u, 356w, 356x,
2356z.2, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10,
3356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.22,
4356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33,
5356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, and
6356z.51, and 356z.53, 356z.54, 356z.55, 356z.56, 356z.57,
7356z.59, and 356z.60 of the Illinois Insurance Code. The
8program of health benefits must comply with Sections 155.22a,
9155.37, 355b, 356z.19, 370c, and 370c.1 and Article XXXIIB of
10the Illinois Insurance Code. The Department of Insurance shall
11enforce the requirements of this Section with respect to
12Sections 370c and 370c.1 of the Illinois Insurance Code; all
13other requirements of this Section shall be enforced by the
14Department of Central Management Services.
15    Rulemaking authority to implement Public Act 95-1045, if
16any, is conditioned on the rules being adopted in accordance
17with all provisions of the Illinois Administrative Procedure
18Act and all rules and procedures of the Joint Committee on
19Administrative Rules; any purported rule not so adopted, for
20whatever reason, is unauthorized.
21(Source: P.A. 101-13, eff. 6-12-19; 101-281, eff. 1-1-20;
22101-393, eff. 1-1-20; 101-452, eff. 1-1-20; 101-461, eff.
231-1-20; 101-625, eff. 1-1-21; 102-30, eff. 1-1-22; 102-103,
24eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22;
25102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff.
261-1-23; 102-768, eff. 1-1-24; 102-804, eff. 1-1-23; 102-813,

 

 

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1eff. 5-13-22; 102-816, eff. 1-1-23; 102-860, eff. 1-1-23;
2102-1093, eff. 1-1-23; revised 12-13-22.)
 
3    Section 2-10. The Counties Code is amended by changing
4Section 5-1069.3 as follows:
 
5    (55 ILCS 5/5-1069.3)
6    Sec. 5-1069.3. Required health benefits. If a county,
7including a home rule county, is a self-insurer for purposes
8of providing health insurance coverage for its employees, the
9coverage shall include coverage for the post-mastectomy care
10benefits required to be covered by a policy of accident and
11health insurance under Section 356t and the coverage required
12under Sections 356g, 356g.5, 356g.5-1, 356q, 356u, 356w, 356x,
13356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
14356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29,
15356z.30a, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41,
16356z.45, 356z.46, 356z.47, 356z.48, and 356z.51, and 356z.53,
17356z.54, 356z.56, 356z.57, 356z.59, and 356z.60 of the
18Illinois Insurance Code. The coverage shall comply with
19Sections 155.22a, 355b, 356z.19, and 370c of the Illinois
20Insurance Code. The Department of Insurance shall enforce the
21requirements of this Section. The requirement that health
22benefits be covered as provided in this Section is an
23exclusive power and function of the State and is a denial and
24limitation under Article VII, Section 6, subsection (h) of the

 

 

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1Illinois Constitution. A home rule county to which this
2Section applies must comply with every provision of this
3Section.
4    Rulemaking authority to implement Public Act 95-1045, if
5any, is conditioned on the rules being adopted in accordance
6with all provisions of the Illinois Administrative Procedure
7Act and all rules and procedures of the Joint Committee on
8Administrative Rules; any purported rule not so adopted, for
9whatever reason, is unauthorized.
10(Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20;
11101-393, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, eff.
121-1-21; 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203,
13eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 1-1-22;
14102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff.
151-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816,
16eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23;
17revised 12-13-22.)
 
18    Section 2-15. The Illinois Municipal Code is amended by
19changing Section 10-4-2.3 as follows:
 
20    (65 ILCS 5/10-4-2.3)
21    Sec. 10-4-2.3. Required health benefits. If a
22municipality, including a home rule municipality, is a
23self-insurer for purposes of providing health insurance
24coverage for its employees, the coverage shall include

 

 

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1coverage for the post-mastectomy care benefits required to be
2covered by a policy of accident and health insurance under
3Section 356t and the coverage required under Sections 356g,
4356g.5, 356g.5-1, 356q, 356u, 356w, 356x, 356z.6, 356z.8,
5356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15,
6356z.22, 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32,
7356z.33, 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47,
8356z.48, and 356z.51, and 356z.53, 356z.54, 356z.56, 356z.57,
9356z.59, and 356z.60 of the Illinois Insurance Code. The
10coverage shall comply with Sections 155.22a, 355b, 356z.19,
11and 370c of the Illinois Insurance Code. The Department of
12Insurance shall enforce the requirements of this Section. The
13requirement that health benefits be covered as provided in
14this is an exclusive power and function of the State and is a
15denial and limitation under Article VII, Section 6, subsection
16(h) of the Illinois Constitution. A home rule municipality to
17which this Section applies must comply with every provision of
18this Section.
19    Rulemaking authority to implement Public Act 95-1045, if
20any, is conditioned on the rules being adopted in accordance
21with all provisions of the Illinois Administrative Procedure
22Act and all rules and procedures of the Joint Committee on
23Administrative Rules; any purported rule not so adopted, for
24whatever reason, is unauthorized.
25(Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20;
26101-393, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, eff.

 

 

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11-1-21; 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203,
2eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 1-1-22;
3102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff.
41-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816,
5eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23;
6revised 12-13-22.)
 
7    Section 2-20. The School Code is amended by changing
8Section 10-22.3f as follows:
 
9    (105 ILCS 5/10-22.3f)
10    Sec. 10-22.3f. Required health benefits. Insurance
11protection and benefits for employees shall provide the
12post-mastectomy care benefits required to be covered by a
13policy of accident and health insurance under Section 356t and
14the coverage required under Sections 356g, 356g.5, 356g.5-1,
15356q, 356u, 356w, 356x, 356z.6, 356z.8, 356z.9, 356z.11,
16356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26,
17356z.29, 356z.30a, 356z.32, 356z.33, 356z.36, 356z.40,
18356z.41, 356z.45, 356z.46, 356z.47, and 356z.51, and 356z.53,
19356z.54, 356z.56, 356z.57, 356z.59, and 356z.60 of the
20Illinois Insurance Code. Insurance policies shall comply with
21Section 356z.19 of the Illinois Insurance Code. The coverage
22shall comply with Sections 155.22a, 355b, and 370c of the
23Illinois Insurance Code. The Department of Insurance shall
24enforce the requirements of this Section.

 

 

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1    Rulemaking authority to implement Public Act 95-1045, if
2any, is conditioned on the rules being adopted in accordance
3with all provisions of the Illinois Administrative Procedure
4Act and all rules and procedures of the Joint Committee on
5Administrative Rules; any purported rule not so adopted, for
6whatever reason, is unauthorized.
7(Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20;
8101-393, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, eff.
91-1-21; 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203,
10eff. 1-1-22; 102-306, eff. 1-1-22; 102-642, eff. 1-1-22;
11102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-804, eff.
121-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-860,
13eff. 1-1-23; 102-1093, eff. 1-1-23; revised 12-13-22.)
 
14    Section 2-25. The Illinois Insurance Code is amended by
15changing Section 356z.4a and by adding Section 356z.60 as
16follows:
 
17    (215 ILCS 5/356z.4a)
18    Sec. 356z.4a. Coverage for abortion.
19    (a) Except as otherwise provided in this Section, no
20individual or group policy of accident and health insurance
21that provides pregnancy-related benefits may be issued,
22amended, delivered, or renewed in this State after the
23effective date of this amendatory Act of the 101st General
24Assembly unless the policy provides a covered person with

 

 

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1coverage for abortion care. Regardless of whether the policy
2otherwise provides prescription drug benefits, abortion care
3coverage must include medications that are obtained through a
4prescription and used to terminate a pregnancy, regardless of
5whether there is proof of pregnancy.
6    (b) Coverage for abortion care may not impose any
7deductible, coinsurance, waiting period, or other cost-sharing
8limitation that is greater than that required for other
9pregnancy-related benefits covered by the policy.
10    (c) Except as otherwise authorized under this Section, a
11policy shall not impose any restrictions or delays on the
12coverage required under this Section.
13    (d) This Section does not, pursuant to 42 U.S.C.
1418054(a)(6), apply to a multistate plan that does not provide
15coverage for abortion.
16    (e) If the Department concludes that enforcement of this
17Section may adversely affect the allocation of federal funds
18to this State, the Department may grant an exemption to the
19requirements, but only to the minimum extent necessary to
20ensure the continued receipt of federal funds.
21(Source: P.A. 101-13, eff. 6-12-19.)
 
22    (215 ILCS 5/356z.60 new)
23    Sec. 356z.60. Coverage for abortifacients,
24gender-affirming health care medications, and human
25immunodeficiency virus pre-exposure prophylaxis and

 

 

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1post-exposure prophylaxis.
2    (a) As used in this Section:
3    "Abortifacients" means any medication administered to
4terminate a pregnancy by a health care professional.
5    "Gender-affirming health care medication" means any
6medication administered to treat gender dysphoria, including
7hormonal treatment.
8    "Health care professional" means a physician licensed to
9practice medicine in all of its branches, licensed advanced
10practice registered nurse, or physician assistant.
11    "Therapeutic equivalent version" means drugs, devices, or
12products that can be expected to have the same clinical effect
13and safety profile when administered to patients under the
14conditions specified in the labeling and that satisfy the
15following general criteria:
16        (1) it is approved as safe and effective;
17        (2) it is a pharmaceutical equivalent in that it:
18            (A) contains identical amounts of the same active
19        drug ingredient in the same dosage form and route of
20        administration; and
21            (B) meets compendial or other applicable standards
22        of strength, quality, purity, and identity;
23        (3) it is bioequivalent in that:
24            (A) it does not present a known or potential
25        bioequivalence problem and it meets an acceptable in
26        vitro standard; or

 

 

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1            (B) if it does present such a known or potential
2        problem, it is shown to meet an appropriate
3        bioequivalence standard;
4        (4) it is adequately labeled; and
5        (5) it is manufactured in compliance with Current Good
6    Manufacturing Practice regulations adopted by the United
7    States Food and Drug Administration.
8    (b) An individual or group policy of accident and health
9insurance amended, delivered, issued, or renewed in this State
10after the effective date of this amendatory Act of the 102nd
11General Assembly shall provide coverage for all
12abortifacients, gender-affirming health care medication, human
13immunodeficiency virus pre-exposure prophylaxis and
14post-exposure prophylaxis drugs approved by the United States
15Food and Drug Administration, and follow-up services related
16to that coverage, including, but not limited to, management of
17side effects, medication self-management or adherence
18counseling, risk reduction strategies, and mental health
19counseling.
20    (c) The coverage required under subsection (b) is subject
21to the following conditions:
22        (1) If the United States Food and Drug Administration
23    has approved one or more therapeutic equivalent versions
24    of an abortifacient drug, a policy is not required to
25    include all such therapeutic equivalent versions in its
26    formulary so long as at least one is included and covered

 

 

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1    without cost sharing and in accordance with this Section.
2        (2) If an individual's attending provider recommends a
3    particular drug approved by the United States Food and
4    Drug Administration based on a determination of medical
5    necessity with respect to that individual, the plan or
6    issuer must defer to the determination of the attending
7    provider and must cover that service or item without cost
8    sharing.
9        (3) If a drug is not covered, plans and issuers must
10    have an easily accessible, transparent, and sufficiently
11    expedient process that is not unduly burdensome on the
12    individual or a provider or other individual acting as a
13    patient's authorized representative to ensure coverage
14    without cost sharing.
15    (d) Except as otherwise provided in this Section, a policy
16subject to this Section shall not impose a deductible,
17coinsurance, copayment, or any other cost-sharing requirement
18on the coverage provided. The provisions of this subsection do
19not apply to coverage of procedures to the extent such
20coverage would disqualify a high-deductible health plan from
21eligibility for a health savings account pursuant to the
22federal Internal Revenue Code, 26 U.S.C. 223.
23    (e) Except as otherwise authorized under this Section, a
24policy shall not impose any restrictions or delays on the
25coverage required under this Section.
 

 

 

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1    Section 2-30. The Health Maintenance Organization Act is
2amended by changing Section 5-3 as follows:
 
3    (215 ILCS 125/5-3)  (from Ch. 111 1/2, par. 1411.2)
4    Sec. 5-3. Insurance Code provisions.
5    (a) Health Maintenance Organizations shall be subject to
6the provisions of Sections 133, 134, 136, 137, 139, 140,
7141.1, 141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153,
8154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, 355.2,
9355.3, 355b, 355c, 356g.5-1, 356m, 356q, 356v, 356w, 356x,
10356y, 356z.2, 356z.3a, 356z.4, 356z.4a, 356z.5, 356z.6,
11356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14,
12356z.15, 356z.17, 356z.18, 356z.19, 356z.21, 356z.22, 356z.25,
13356z.26, 356z.29, 356z.30, 356z.30a, 356z.32, 356z.33,
14356z.35, 356z.36, 356z.40, 356z.41, 356z.46, 356z.47, 356z.48,
15356z.50, 356z.51, 256z.53, 356z.54, 356z.56, 356z.57, 356z.59,
16356z.60, 364, 364.01, 364.3, 367.2, 367.2-5, 367i, 368a, 368b,
17368c, 368d, 368e, 370c, 370c.1, 401, 401.1, 402, 403, 403A,
18408, 408.2, 409, 412, 444, and 444.1, paragraph (c) of
19subsection (2) of Section 367, and Articles IIA, VIII 1/2,
20XII, XII 1/2, XIII, XIII 1/2, XXV, XXVI, and XXXIIB of the
21Illinois Insurance Code.
22    (b) For purposes of the Illinois Insurance Code, except
23for Sections 444 and 444.1 and Articles XIII and XIII 1/2,
24Health Maintenance Organizations in the following categories
25are deemed to be "domestic companies":

 

 

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1        (1) a corporation authorized under the Dental Service
2    Plan Act or the Voluntary Health Services Plans Act;
3        (2) a corporation organized under the laws of this
4    State; or
5        (3) a corporation organized under the laws of another
6    state, 30% or more of the enrollees of which are residents
7    of this State, except a corporation subject to
8    substantially the same requirements in its state of
9    organization as is a "domestic company" under Article VIII
10    1/2 of the Illinois Insurance Code.
11    (c) In considering the merger, consolidation, or other
12acquisition of control of a Health Maintenance Organization
13pursuant to Article VIII 1/2 of the Illinois Insurance Code,
14        (1) the Director shall give primary consideration to
15    the continuation of benefits to enrollees and the
16    financial conditions of the acquired Health Maintenance
17    Organization after the merger, consolidation, or other
18    acquisition of control takes effect;
19        (2)(i) the criteria specified in subsection (1)(b) of
20    Section 131.8 of the Illinois Insurance Code shall not
21    apply and (ii) the Director, in making his determination
22    with respect to the merger, consolidation, or other
23    acquisition of control, need not take into account the
24    effect on competition of the merger, consolidation, or
25    other acquisition of control;
26        (3) the Director shall have the power to require the

 

 

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1    following information:
2            (A) certification by an independent actuary of the
3        adequacy of the reserves of the Health Maintenance
4        Organization sought to be acquired;
5            (B) pro forma financial statements reflecting the
6        combined balance sheets of the acquiring company and
7        the Health Maintenance Organization sought to be
8        acquired as of the end of the preceding year and as of
9        a date 90 days prior to the acquisition, as well as pro
10        forma financial statements reflecting projected
11        combined operation for a period of 2 years;
12            (C) a pro forma business plan detailing an
13        acquiring party's plans with respect to the operation
14        of the Health Maintenance Organization sought to be
15        acquired for a period of not less than 3 years; and
16            (D) such other information as the Director shall
17        require.
18    (d) The provisions of Article VIII 1/2 of the Illinois
19Insurance Code and this Section 5-3 shall apply to the sale by
20any health maintenance organization of greater than 10% of its
21enrollee population (including without limitation the health
22maintenance organization's right, title, and interest in and
23to its health care certificates).
24    (e) In considering any management contract or service
25agreement subject to Section 141.1 of the Illinois Insurance
26Code, the Director (i) shall, in addition to the criteria

 

 

10200SB1534ham004- 19 -LRB102 10353 LNS 42481 a

1specified in Section 141.2 of the Illinois Insurance Code,
2take into account the effect of the management contract or
3service agreement on the continuation of benefits to enrollees
4and the financial condition of the health maintenance
5organization to be managed or serviced, and (ii) need not take
6into account the effect of the management contract or service
7agreement on competition.
8    (f) Except for small employer groups as defined in the
9Small Employer Rating, Renewability and Portability Health
10Insurance Act and except for medicare supplement policies as
11defined in Section 363 of the Illinois Insurance Code, a
12Health Maintenance Organization may by contract agree with a
13group or other enrollment unit to effect refunds or charge
14additional premiums under the following terms and conditions:
15        (i) the amount of, and other terms and conditions with
16    respect to, the refund or additional premium are set forth
17    in the group or enrollment unit contract agreed in advance
18    of the period for which a refund is to be paid or
19    additional premium is to be charged (which period shall
20    not be less than one year); and
21        (ii) the amount of the refund or additional premium
22    shall not exceed 20% of the Health Maintenance
23    Organization's profitable or unprofitable experience with
24    respect to the group or other enrollment unit for the
25    period (and, for purposes of a refund or additional
26    premium, the profitable or unprofitable experience shall

 

 

10200SB1534ham004- 20 -LRB102 10353 LNS 42481 a

1    be calculated taking into account a pro rata share of the
2    Health Maintenance Organization's administrative and
3    marketing expenses, but shall not include any refund to be
4    made or additional premium to be paid pursuant to this
5    subsection (f)). The Health Maintenance Organization and
6    the group or enrollment unit may agree that the profitable
7    or unprofitable experience may be calculated taking into
8    account the refund period and the immediately preceding 2
9    plan years.
10    The Health Maintenance Organization shall include a
11statement in the evidence of coverage issued to each enrollee
12describing the possibility of a refund or additional premium,
13and upon request of any group or enrollment unit, provide to
14the group or enrollment unit a description of the method used
15to calculate (1) the Health Maintenance Organization's
16profitable experience with respect to the group or enrollment
17unit and the resulting refund to the group or enrollment unit
18or (2) the Health Maintenance Organization's unprofitable
19experience with respect to the group or enrollment unit and
20the resulting additional premium to be paid by the group or
21enrollment unit.
22    In no event shall the Illinois Health Maintenance
23Organization Guaranty Association be liable to pay any
24contractual obligation of an insolvent organization to pay any
25refund authorized under this Section.
26    (g) Rulemaking authority to implement Public Act 95-1045,

 

 

10200SB1534ham004- 21 -LRB102 10353 LNS 42481 a

1if any, is conditioned on the rules being adopted in
2accordance with all provisions of the Illinois Administrative
3Procedure Act and all rules and procedures of the Joint
4Committee on Administrative Rules; any purported rule not so
5adopted, for whatever reason, is unauthorized.
6(Source: P.A. 101-13, eff. 6-12-19; 101-81, eff. 7-12-19;
7101-281, eff. 1-1-20; 101-371, eff. 1-1-20; 101-393, eff.
81-1-20; 101-452, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625,
9eff. 1-1-21; 102-30, eff. 1-1-22; 102-34, eff. 6-25-21;
10102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.
111-1-22; 102-589, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665,
12eff. 10-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22;
13102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff.
141-1-23; 102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093,
15eff. 1-1-23; revised 12-13-22.)
 
16    Section 2-35. The Limited Health Service Organization Act
17is amended by changing Section 4003 as follows:
 
18    (215 ILCS 130/4003)  (from Ch. 73, par. 1504-3)
19    Sec. 4003. Illinois Insurance Code provisions. Limited
20health service organizations shall be subject to the
21provisions of Sections 133, 134, 136, 137, 139, 140, 141.1,
22141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154,
23154.5, 154.6, 154.7, 154.8, 155.04, 155.37, 355.2, 355.3,
24355b, 356q, 356v, 356z.10, 356z.21, 356z.22, 356z.25, 356z.26,

 

 

10200SB1534ham004- 22 -LRB102 10353 LNS 42481 a

1356z.29, 356z.30a, 356z.32, 356z.33, 356z.41, 356z.46,
2356z.47, 356z.51, 356z.53 (as added by Public Act 102-804),
3356z.53 (as added by Public Act 102-930), 364.3, 368a, 401,
4401.1, 402, 403, 403A, 408, 408.2, 409, 412, 444, and 444.1 and
5Articles IIA, VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV, and
6XXVI of the Illinois Insurance Code. For purposes of the
7Illinois Insurance Code, except for Sections 444 and 444.1 and
8Articles XIII and XIII 1/2, limited health service
9organizations in the following categories are deemed to be
10domestic companies:
11        (1) a corporation under the laws of this State; or
12        (2) a corporation organized under the laws of another
13    state, 30% or more of the enrollees of which are residents
14    of this State, except a corporation subject to
15    substantially the same requirements in its state of
16    organization as is a domestic company under Article VIII
17    1/2 of the Illinois Insurance Code.
18(Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20;
19101-393, eff. 1-1-20; 101-625, eff. 1-1-21; 102-30, eff.
201-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-642,
21eff. 1-1-22; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22;
22102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-860, eff.
231-1-23; 102-1093, eff. 1-1-23; revised 12-13-22.)
 
24    Section 2-40. The Voluntary Health Services Plans Act is
25amended by changing Section 10 as follows:
 

 

 

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1    (215 ILCS 165/10)  (from Ch. 32, par. 604)
2    Sec. 10. Application of Insurance Code provisions. Health
3services plan corporations and all persons interested therein
4or dealing therewith shall be subject to the provisions of
5Articles IIA and XII 1/2 and Sections 3.1, 133, 136, 139, 140,
6143, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3, 355b,
7356g, 356g.5, 356g.5-1, 356q, 356r, 356t, 356u, 356v, 356w,
8356x, 356y, 356z.1, 356z.2, 356z.3a, 356z.4, 356z.4a, 356z.5,
9356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
10356z.14, 356z.15, 356z.18, 356z.19, 356z.21, 356z.22, 356z.25,
11356z.26, 356z.29, 356z.30, 356z.30a, 356z.32, 356z.33,
12356z.40, 356z.41, 356z.46, 356z.47, 356z.51, 356z.53, 356z.54,
13356z.56, 356z.57, 356z.59, 356z.60, 364.01, 364.3, 367.2,
14368a, 401, 401.1, 402, 403, 403A, 408, 408.2, and 412, and
15paragraphs (7) and (15) of Section 367 of the Illinois
16Insurance Code.
17    Rulemaking authority to implement Public Act 95-1045, if
18any, is conditioned on the rules being adopted in accordance
19with all provisions of the Illinois Administrative Procedure
20Act and all rules and procedures of the Joint Committee on
21Administrative Rules; any purported rule not so adopted, for
22whatever reason, is unauthorized.
23(Source: P.A. 101-13, eff. 6-12-19; 101-81, eff. 7-12-19;
24101-281, eff. 1-1-20; 101-393, eff. 1-1-20; 101-625, eff.
251-1-21; 102-30, eff. 1-1-22; 102-203, eff. 1-1-22; 102-306,

 

 

10200SB1534ham004- 24 -LRB102 10353 LNS 42481 a

1eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21;
2102-731, eff. 1-1-23; 102-775, eff. 5-13-22; 102-804, eff.
31-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-860,
4eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093, eff. 1-1-23;
5revised 12-13-22.)
 
6    Section 2-45. The Illinois Public Aid Code is amended by
7changing Section 5-16.8 as follows:
 
8    (305 ILCS 5/5-16.8)
9    Sec. 5-16.8. Required health benefits. The medical
10assistance program shall (i) provide the post-mastectomy care
11benefits required to be covered by a policy of accident and
12health insurance under Section 356t and the coverage required
13under Sections 356g.5, 356q, 356u, 356w, 356x, 356z.6,
14356z.26, 356z.29, 356z.32, 356z.33, 356z.34, 356z.35, 356z.46,
15356z.47, and 356z.51, and 356z.53, 356z.56, 356z.59, and
16356z.60 of the Illinois Insurance Code, (ii) be subject to the
17provisions of Sections 356z.19, 356z.44, 356z.49, 364.01,
18370c, and 370c.1 of the Illinois Insurance Code, and (iii) be
19subject to the provisions of subsection (d-5) of Section 10 of
20the Network Adequacy and Transparency Act.
21    The Department, by rule, shall adopt a model similar to
22the requirements of Section 356z.39 of the Illinois Insurance
23Code.
24    On and after July 1, 2012, the Department shall reduce any

 

 

10200SB1534ham004- 25 -LRB102 10353 LNS 42481 a

1rate of reimbursement for services or other payments or alter
2any methodologies authorized by this Code to reduce any rate
3of reimbursement for services or other payments in accordance
4with Section 5-5e.
5    To ensure full access to the benefits set forth in this
6Section, on and after January 1, 2016, the Department shall
7ensure that provider and hospital reimbursement for
8post-mastectomy care benefits required under this Section are
9no lower than the Medicare reimbursement rate.
10(Source: P.A. 101-81, eff. 7-12-19; 101-218, eff. 1-1-20;
11101-281, eff. 1-1-20; 101-371, eff. 1-1-20; 101-574, eff.
121-1-20; 101-649, eff. 7-7-20; 102-30, eff. 1-1-22; 102-144,
13eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22;
14102-530, eff. 1-1-22; 102-642, eff. 1-1-22; 102-804, eff.
151-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-1093,
16eff. 1-1-23; revised 12-14-22.)
 
17
Article 3

 
18    Section 3-5. The Birth Center Licensing Act is amended by
19changing Section 5 as follows:
 
20    (210 ILCS 170/5)
21    Sec. 5. Definitions.
22    (a) In this Act:
23    "Birth center" means a designated site, other than a

 

 

10200SB1534ham004- 26 -LRB102 10353 LNS 42481 a

1hospital:
2        (1) in which births are planned to occur following a
3    normal, uncomplicated, and low-risk pregnancy;
4        (2) that is not the pregnant person's usual place of
5    residence;
6        (3) that is exclusively dedicated to serving the
7    childbirth-related needs of pregnant persons and their
8    newborns, and has no more than 10 beds;
9        (4) that offers prenatal care and community education
10    services and coordinates these services with other health
11    care services available in the community; and
12        (5) that does not provide general anesthesia or
13    surgery.
14    "Certified nurse midwife" means an advanced practice
15registered nurse licensed in Illinois under the Nurse Practice
16Act with full practice authority or who is delegated such
17authority as part of a written collaborative agreement with a
18physician who is associated with the birthing center or who
19has privileges at a nearby birthing hospital.
20    "Department" means the Illinois Department of Public
21Health.
22    "Hospital" does not include places where pregnant females
23are received, cared for, or treated during delivery if it is in
24a licensed birth center, nor include any facility required to
25be licensed as a birth center.
26    "Licensed certified professional midwife" means a person

 

 

10200SB1534ham004- 27 -LRB102 10353 LNS 42481 a

1who has successfully met the requirements under Section 45 of
2the Licensed Certified Professional Midwife Practice Act and
3holds an active license to practice as a licensed certified
4professional midwife in Illinois.
5    "Physician" means a physician licensed to practice
6medicine in all its branches in Illinois.
7    "Reproductive health care" means health care offered,
8arranged, or furnished for the purpose of preventing
9pregnancy, terminating a pregnancy, managing pregnancy loss,
10or improving maternal health and birth outcomes. "Reproductive
11health care" includes but is not limited to: contraception;
12sterilization; preconception care; maternity care; assisted
13reproduction; abortion care; and counseling regarding
14reproductive health care.
15    (b) Nothing in this Section shall be construed to prohibit
16a facility licensed as a birth center from offering other
17sexual health care or reproductive health care subject to any
18applicable laws, rules, regulations, or licensing requirements
19for those services.
20(Source: P.A. 102-518, eff. 8-20-21; 102-964, eff. 1-1-23.)
 
21
Article 5

 
22    Section 5-5. The Pharmacy Practice Act is amended by
23changing Section 43 as follows:
 

 

 

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1    (225 ILCS 85/43)
2    (Section scheduled to be repealed on January 1, 2028)
3    Sec. 43. Dispensation of hormonal contraceptives.
4    (a) The dispensing of hormonal contraceptives to a patient
5shall be pursuant to a valid prescription or standing order by
6a physician licensed to practice medicine in all its branches,
7a standing order by or the medical director of a local health
8department, or a standing order by the Department of Public
9Health pursuant to the following:
10        (1) a pharmacist may dispense no more than a 12-month
11    supply of hormonal contraceptives to a patient;
12        (2) a pharmacist must complete an educational training
13    program accredited by the Accreditation Council for
14    Pharmacy Education and approved by the Department that is
15    related to the patient self-screening risk assessment,
16    patient assessment contraceptive counseling and education,
17    and dispensation of hormonal contraceptives;
18        (3) a pharmacist shall have the patient complete the
19    self-screening risk assessment tool; the self-screening
20    risk assessment tool is to be based on the most current
21    version of the United States Medical Eligibility Criteria
22    for Contraceptive Use published by the federal Centers for
23    Disease Control and Prevention;
24        (4) based upon the results of the self-screening risk
25    assessment and the patient assessment, the pharmacist
26    shall use his or her professional and clinical judgment as

 

 

10200SB1534ham004- 29 -LRB102 10353 LNS 42481 a

1    to when a patient should be referred to the patient's
2    physician or another health care provider;
3        (5) a pharmacist shall provide, during the patient
4    assessment and consultation, counseling and education
5    about all methods of contraception, including methods not
6    covered under the standing order, and their proper use and
7    effectiveness;
8        (6) the patient consultation shall take place in a
9    private manner; and
10        (7) a pharmacist and pharmacy must maintain
11    appropriate records.
12    (b) The Department may adopt rules to implement this
13Section.
14    (c) Nothing in this Section shall be interpreted to
15require a pharmacist to dispense hormonal contraception under
16a standing order issued by a physician licensed to practice
17medicine in all its branches or the medical director of a local
18health department.
19    (d) Notwithstanding any other provision of law to the
20contrary, a pharmacist may dispense hormonal contraceptives in
21conformance with standing orders issued pursuant to this
22Section without prior establishment of a relationship between
23the pharmacist and the person receiving hormonal
24contraception.
25    (e) No employee of the Department of Public Health issuing
26a standing order pursuant to this Section shall, as a result of

 

 

10200SB1534ham004- 30 -LRB102 10353 LNS 42481 a

1the employee's acts or omissions in issuing the standing order
2pursuant to this Section, be subject to (i) any disciplinary
3or other adverse action under the Medical Practice Act of
41987, (ii) any civil liability, or (iii) any criminal
5liability.
6(Source: P.A. 102-103, eff. 1-1-22; 102-813, eff. 5-13-22.)
 
7
Article 6

 
8    Section 6-5. The Criminal Identification Act is amended by
9changing Section 3.2 as follows:
 
10    (20 ILCS 2630/3.2)  (from Ch. 38, par. 206-3.2)
11    Sec. 3.2. (a) It is the duty of any person conducting or
12operating a medical facility, or any physician or nurse as
13soon as treatment permits to notify the local law enforcement
14agency of that jurisdiction upon the application for treatment
15of a person who is not accompanied by a law enforcement
16officer, when it reasonably appears that the person requesting
17treatment has received:
18        (1) any injury resulting from the discharge of a
19    firearm; or
20        (2) any injury sustained in the commission of or as a
21    victim of a criminal offense.
22    Any hospital, physician or nurse shall be forever held
23harmless from any civil liability for their reasonable

 

 

10200SB1534ham004- 31 -LRB102 10353 LNS 42481 a

1compliance with the provisions of this Section.
2    (b) Notwithstanding subsection (a), nothing in this
3Section shall be construed to require the reporting of lawful
4health care activity, whether such activity may constitute a
5violation of another state's law.
6    (c) As used in this Section:
7    "Gender-affirming health care" includes, but is not
8limited to, all supplies, care, and services of a medical,
9behavioral health, mental health, surgical, psychiatric,
10therapeutic, diagnostic, preventative, rehabilitative, or
11supportive nature relating to the treatment of gender
12dysphoria or the affirmation of an individual's gender
13identity or gender expression.
14    "Lawful health care" means "reproductive health care" as
15defined in Section 1-10 of the Reproductive Health Act, or
16gender-affirming health care that is not unlawful under the
17laws of this State, including on any theory of vicarious,
18joint, several, or conspiracy liability."
19    "Lawful health care activity" means seeking, providing,
20receiving, assisting in seeking, providing, or receiving,
21providing material support for, or traveling to obtain lawful
22health care.
23(Source: P.A. 86-1475.)
 
24    Section 6-10. The Wrongful Death Act is amended by
25changing Section 2.2 as follows:
 

 

 

10200SB1534ham004- 32 -LRB102 10353 LNS 42481 a

1    (740 ILCS 180/2.2)  (from Ch. 70, par. 2.2)
2    Sec. 2.2. The state of gestation or development of a human
3being when an injury is caused, when an injury takes effect, or
4at death, shall not foreclose maintenance of any cause of
5action under the law of this State arising from the death of a
6human being caused by wrongful act, neglect or default.
7    There shall be no cause of action against any person a
8physician or a medical institution for the wrongful death of a
9fetus caused by an abortion where the abortion was permitted
10by law and the requisite consent was lawfully given. Provided,
11however, that a cause of action is not prohibited where the
12fetus is live-born but subsequently dies.
13    There shall be no cause of action against a physician or a
14medical institution for the wrongful death of a fetus based on
15the alleged misconduct of the physician or medical institution
16where the defendant did not know and, under the applicable
17standard of good medical care, had no medical reason to know of
18the pregnancy of the mother of the fetus.
19(Source: P.A. 81-946.)
 
20
Article 7

 
21    Section 7-5. The Illinois Parentage Act of 2015 is amended
22by changing Sections 704 and 709 as follows:
 

 

 

10200SB1534ham004- 33 -LRB102 10353 LNS 42481 a

1    (750 ILCS 46/704)
2    Sec. 704. Withdrawal of consent of intended parent or
3donor. An intended parent or donor may withdraw consent to use
4his or her gametes in a writing or legal pleading with notice
5to the other participants. An intended parent who withdraws
6consent under this Section prior to the insemination or embryo
7transfer is not a parent of any resulting child. If a donor
8withdraws consent to his or her donation prior to the
9insemination or the combination of gametes, the intended
10parent is not the parent of any resulting child. If the
11intended parent or parents no longer wish to use any remaining
12cryopreserved fertilized ovum for medical purposes, the terms
13of the most recent informed consent of the intended parent or
14parents executed at the fertility center or a marital
15settlement agreement under a judgment of dissolution of
16marriage, judgment of legal separation, or judgment of
17dissolution of civil union governs the disposition of the
18fertilized ovum.
19(Source: P.A. 99-763, eff. 1-1-17.)
 
20    (750 ILCS 46/709)
21    Sec. 709. Establishment of parentage; requirements of
22Gestational Surrogacy Act.
23    (a) In the event of gestational surrogacy, in addition to
24the requirements of the Gestational Surrogacy Act, a
25parent-child relationship is established between a person and

 

 

10200SB1534ham004- 34 -LRB102 10353 LNS 42481 a

1a child if all of the following conditions are met prior to the
2birth of the child:
3        (1) The gestational surrogate certifies that she did
4    not provide a gamete for the child, and that she is
5    carrying the child for the intended parents.
6        (2) The spouse, if any, of the gestational surrogate
7    certifies that he or she did not provide a gamete for the
8    child.
9        (3) Each intended parent, or the parent's legally
10    authorized designee if an intended parent dies, certifies
11    that the child being carried by the gestational surrogate
12    was conceived using at least one of the intended parents'
13    gametes.
14        (4) A physician licensed in the state in which the
15    fertilized ovum was inseminated or transferred to the
16    gestational surrogate certifies that the child being
17    carried by the gestational surrogate was conceived using
18    the gamete or gametes of at least one of the intended
19    parents, and that neither the gestational surrogate nor
20    the gestational surrogate's spouse, if any, provided
21    gametes for the child being carried by the gestational
22    surrogate.
23        (5) The attorneys for the intended parents and the
24    gestational surrogate each certify that the parties
25    entered into a gestational surrogacy agreement intended to
26    satisfy the requirements of the Gestational Surrogacy Act.

 

 

10200SB1534ham004- 35 -LRB102 10353 LNS 42481 a

1    (b) All certifications under this Section shall be in
2writing and witnessed by 2 competent adults who are not the
3gestational surrogate, gestational surrogate's spouse, if any,
4or an intended parent. Certifications shall be on forms
5prescribed by the Illinois Department of Public Health and
6shall be executed prior to the birth of the child. All
7certifications shall be provided, prior to the birth of the
8child, to both the hospital where the gestational surrogate
9anticipates the delivery will occur and to the Illinois
10Department of Public Health.
11    (c) Parentage established in accordance with this Section
12has the full force and effect of a judgment entered under this
13Act.
14    (d) The Illinois Department of Public Health shall adopt
15rules to implement this Section.
16(Source: P.A. 99-763, eff. 1-1-17.)
 
17
Article 8

 
18    Section 8-5. The Reproductive Health Act is amended by
19changing Sections 1-10, 1-20, and 1-25 as follows:
 
20    (775 ILCS 55/1-10)
21    Sec. 1-10. Definitions. As used in this Act:
22    "Abortion" means the use of any instrument, medicine,
23drug, or any other substance or device to terminate the

 

 

10200SB1534ham004- 36 -LRB102 10353 LNS 42481 a

1pregnancy of an individual known to be pregnant with an
2intention other than to increase the probability of a live
3birth, to preserve the life or health of the child after live
4birth, or to remove a dead fetus.
5    "Advanced practice registered nurse" has the same meaning
6as it does in Section 50-10 of the Nurse Practice Act.
7    "Assisted reproduction" means a method of achieving a
8pregnancy through the handling of human oocytes, sperm,
9zygotes, or embryos for the purpose of establishing a
10pregnancy. "Assisted reproduction" includes, but is not
11limited to: methods of artificial insemination; in vitro
12fertilization; embryo transfer; zygote transfer; embryo
13biopsy; preimplantation genetic diagnosis; embryo
14cryopreservation; oocyte, gamete, zygote, and embryo donation;
15and gestational surrogacy.
16    "Department" means the Illinois Department of Public
17Health.
18    "Fetal viability" means that, in the professional judgment
19of the attending health care professional, based on the
20particular facts of the case, there is a significant
21likelihood of a fetus' sustained survival outside the uterus
22without the application of extraordinary medical measures.
23    "Health care professional" means a person who is licensed
24as a physician, advanced practice registered nurse, or
25physician assistant.
26    "Health of the patient" means all factors that are

 

 

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1relevant to the patient's health and well-being, including,
2but not limited to, physical, emotional, psychological, and
3familial health and age.
4    "Maternity care" means the health care provided in
5relation to pregnancy, labor and childbirth, and the
6postpartum period, and includes prenatal care, care during
7labor and birthing, and postpartum care extending through
8one-year postpartum. Maternity care shall, seek to optimize
9positive outcomes for the patient, and be provided on the
10basis of the physical and psychosocial needs of the patient.
11Notwithstanding any of the above, all care shall be subject to
12the informed and voluntary consent of the patient, or the
13patient's legal proxy, when the patient is unable to give
14consent.
15    "Physician" means any person licensed to practice medicine
16in all its branches under the Medical Practice Act of 1987.
17    "Physician assistant" has the same meaning as it does in
18Section 4 of the Physician Assistant Practice Act of 1987.
19    "Pregnancy" means the human reproductive process,
20beginning with the implantation of an embryo.
21    "Prevailing party" has the same meaning as in the Illinois
22Civil Rights Act of 2003.
23    "Reproductive health care" means health care offered,
24arranged, or furnished for the purpose of preventing
25pregnancy, terminating a pregnancy, managing pregnancy loss,
26or improving maternal health and birth outcomes. "Reproductive

 

 

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1health care" includes, but is not limited to: contraception;
2sterilization; preconception care; assisted reproduction;
3maternity care; abortion care; and counseling regarding
4reproductive health care.
5    "State" includes any branch, department, agency,
6instrumentality, and official or other person acting under
7color of law of this State or a political subdivision of the
8State, including any unit of local government (including a
9home rule unit), school district, instrumentality, or public
10subdivision.
11(Source: P.A. 101-13, eff. 6-12-19.)
 
12    (775 ILCS 55/1-20)
13    Sec. 1-20. Prohibited State actions; causes of action.
14    (a) The State shall not:
15        (1) deny, restrict, interfere with, or discriminate
16    against an individual's exercise of the fundamental rights
17    set forth in this Act, including individuals under State
18    custody, control, or supervision; or
19        (2) prosecute, punish, or otherwise deprive any
20    individual of the individual's rights for any act or
21    failure to act during the individual's own pregnancy, if
22    the predominant basis for such prosecution, punishment, or
23    deprivation of rights is the potential, actual, or
24    perceived impact on the pregnancy or its outcomes or on
25    the pregnant individual's own health.

 

 

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1    (b) Any party aggrieved by conduct or regulation in
2violation of this Act may bring a civil lawsuit, in a federal
3district court or State circuit court, against the offending
4unit of government. Any State claim brought in federal
5district court shall be a supplemental claim to a federal
6claim. Any lawsuit brought pursuant to this Act shall be
7commenced within 2 years after the cause of action was
8discovered.
9    (c) Upon motion, a court shall award reasonable attorney's
10fees and costs, including expert witness fees and other
11litigation expenses, to a plaintiff who is a prevailing party
12in any action brought pursuant to this Section. In awarding
13reasonable attorney's fees, the court shall consider the
14degree to which the relief obtained relates to the relief
15sought.
16(Source: P.A. 101-13, eff. 6-12-19.)
 
17    (775 ILCS 55/1-25)
18    Sec. 1-25. Reporting of abortions performed by health care
19professionals.
20    (a) A health care professional may provide abortion care
21in accordance with the health care professional's professional
22judgment and training and based on accepted standards of
23clinical practice consistent with the scope of his or her
24practice under the Medical Practice Act of 1987, the Nurse
25Practice Act, or the Physician Assistant Practice Act of 1987.

 

 

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1An advanced practice registered nurse or physician assistant
2as defined in this Act may perform aspiration abortion
3procedures that do not require general anesthesia, consistent
4with the advanced practice registered nurse's or physician
5assistant's training and standards of clinical practice and,
6if applicable, consistent with any collaborative agreement. If
7the health care professional determines that there is fetal
8viability, the health care professional may provide abortion
9care only if, in the professional judgment of the health care
10professional, the abortion is necessary to protect the life or
11health of the patient.
12    (b) A report of each abortion performed by a health care
13professional shall be made to the Department on forms
14prescribed by it. Such reports shall be transmitted to the
15Department not later than 10 days following the end of the
16month in which the abortion is performed.
17    (c) The abortion reporting forms prescribed by the
18Department shall not request or require information that
19identifies a patient by name or any other identifying
20information, and the Department shall secure anonymity of all
21patients and health care professionals.
22    (d) All reports received by the Department pursuant to
23this Section shall be treated as confidential and exempt from
24the Freedom of Information Act. Access to such reports shall
25be limited to authorized Department staff who shall use the
26reports for statistical purposes only. Such reports must be

 

 

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1destroyed within 2 years after date of receipt.
2(Source: P.A. 101-13, eff. 6-12-19.)
 
3
Article 9

 
4    Section 9-5. The Medical Practice Act of 1987 is amended
5by changing Sections 22 and 23 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).
17        (2) (Blank).
18        (3) A plea of guilty or nolo contendere, finding of
19    guilt, jury verdict, or entry of judgment or sentencing,
20    including, but not limited to, convictions, preceding
21    sentences of supervision, conditional discharge, or first
22    offender probation, under the laws of any jurisdiction of
23    the United States of any crime that is a felony.

 

 

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1        (4) Gross negligence in practice under this Act.
2        (5) Engaging in dishonorable, unethical, or
3    unprofessional conduct of a character likely to deceive,
4    defraud or harm the public.
5        (6) Obtaining any fee by fraud, deceit, or
6    misrepresentation.
7        (7) Habitual or excessive use or abuse of drugs
8    defined in law as controlled substances, of alcohol, or of
9    any other substances which results in the inability to
10    practice with reasonable judgment, skill, or safety.
11        (8) Practicing under a false or, except as provided by
12    law, an assumed name.
13        (9) Fraud or misrepresentation in applying for, or
14    procuring, a license under this Act or in connection with
15    applying for renewal of a license under this Act.
16        (10) Making a false or misleading statement regarding
17    their skill or the efficacy or value of the medicine,
18    treatment, or remedy prescribed by them at their direction
19    in the treatment of any disease or other condition of the
20    body or mind.
21        (11) Allowing another person or organization to use
22    their license, procured under this Act, to practice.
23        (12) Adverse action taken by another state or
24    jurisdiction against a license or other authorization to
25    practice as a medical doctor, doctor of osteopathy, doctor
26    of osteopathic medicine or doctor of chiropractic, a

 

 

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1    certified copy of the record of the action taken by the
2    other state or jurisdiction being prima facie evidence
3    thereof. This includes any adverse action taken by a State
4    or federal agency that prohibits a medical doctor, doctor
5    of osteopathy, doctor of osteopathic medicine, or doctor
6    of chiropractic from providing services to the agency's
7    participants.
8        (13) Violation of any provision of this Act or of the
9    Medical Practice Act prior to the repeal of that Act, or
10    violation of the rules, or a final administrative action
11    of the Secretary, after consideration of the
12    recommendation of the Medical Board.
13        (14) Violation of the prohibition against fee
14    splitting in Section 22.2 of this Act.
15        (15) A finding by the Medical Board that the
16    registrant after having his or her license placed on
17    probationary status or subjected to conditions or
18    restrictions violated the terms of the probation or failed
19    to comply with such terms or conditions.
20        (16) Abandonment of a patient.
21        (17) Prescribing, selling, administering,
22    distributing, giving, or self-administering any drug
23    classified as a controlled substance (designated product)
24    or narcotic for other than medically accepted therapeutic
25    purposes.
26        (18) Promotion of the sale of drugs, devices,

 

 

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1    appliances, or goods provided for a patient in such manner
2    as to exploit the patient for financial gain of the
3    physician.
4        (19) Offering, undertaking, or agreeing to cure or
5    treat disease by a secret method, procedure, treatment, or
6    medicine, or the treating, operating, or prescribing for
7    any human condition by a method, means, or procedure which
8    the licensee refuses to divulge upon demand of the
9    Department.
10        (20) Immoral conduct in the commission of any act
11    including, but not limited to, commission of an act of
12    sexual misconduct related to the licensee's practice.
13        (21) Willfully making or filing false records or
14    reports in his or her practice as a physician, including,
15    but not limited to, false records to support claims
16    against the medical assistance program of the Department
17    of Healthcare and Family Services (formerly Department of
18    Public Aid) under the Illinois Public Aid Code.
19        (22) Willful omission to file or record, or willfully
20    impeding the filing or recording, or inducing another
21    person to omit to file or record, medical reports as
22    required by law, or willfully failing to report an
23    instance of suspected abuse or neglect as required by law.
24        (23) Being named as a perpetrator in an indicated
25    report by the Department of Children and Family Services
26    under the Abused and Neglected Child Reporting Act, and

 

 

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1    upon proof by clear and convincing evidence that the
2    licensee has caused a child to be an abused child or
3    neglected child as defined in the Abused and Neglected
4    Child Reporting Act.
5        (24) Solicitation of professional patronage by any
6    corporation, agents or persons, or profiting from those
7    representing themselves to be agents of the licensee.
8        (25) Gross and willful and continued overcharging for
9    professional services, including filing false statements
10    for collection of fees for which services are not
11    rendered, including, but not limited to, filing such false
12    statements for collection of monies for services not
13    rendered from the medical assistance program of the
14    Department of Healthcare and Family Services (formerly
15    Department of Public Aid) under the Illinois Public Aid
16    Code.
17        (26) A pattern of practice or other behavior which
18    demonstrates incapacity or incompetence to practice under
19    this Act.
20        (27) Mental illness or disability which results in the
21    inability to practice under this Act with reasonable
22    judgment, skill, or safety.
23        (28) Physical illness, including, but not limited to,
24    deterioration through the aging process, or loss of motor
25    skill which results in a physician's inability to practice
26    under this Act with reasonable judgment, skill, or safety.

 

 

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1        (29) Cheating on or attempting to subvert the
2    licensing examinations administered under this Act.
3        (30) Willfully or negligently violating the
4    confidentiality between physician and patient except as
5    required by law.
6        (31) The use of any false, fraudulent, or deceptive
7    statement in any document connected with practice under
8    this Act.
9        (32) Aiding and abetting an individual not licensed
10    under this Act in the practice of a profession licensed
11    under this Act.
12        (33) Violating state or federal laws or regulations
13    relating to controlled substances, legend drugs, or
14    ephedra as defined in the Ephedra Prohibition Act.
15        (34) Failure to report to the Department any adverse
16    final action taken against them by another licensing
17    jurisdiction (any other state or any territory of the
18    United States or any foreign state or country), by any
19    peer review body, by any health care institution, by any
20    professional society or association related to practice
21    under this Act, by any governmental agency, by any law
22    enforcement agency, or by any court for acts or conduct
23    similar to acts or conduct which would constitute grounds
24    for action as defined in this Section.
25        (35) Failure to report to the Department surrender of
26    a license or authorization to practice as a medical

 

 

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1    doctor, a doctor of osteopathy, a doctor of osteopathic
2    medicine, or doctor of chiropractic in another state or
3    jurisdiction, or surrender of membership on any medical
4    staff or in any medical or professional association or
5    society, while under disciplinary investigation by any of
6    those authorities or bodies, for acts or conduct similar
7    to acts or conduct which would constitute grounds for
8    action as defined in this Section.
9        (36) Failure to report to the Department any adverse
10    judgment, settlement, or award arising from a liability
11    claim related to acts or conduct similar to acts or
12    conduct which would constitute grounds for action as
13    defined in this Section.
14        (37) Failure to provide copies of medical records as
15    required by law.
16        (38) Failure to furnish the Department, its
17    investigators or representatives, relevant information,
18    legally requested by the Department after consultation
19    with the Chief Medical Coordinator or the Deputy Medical
20    Coordinator.
21        (39) Violating the Health Care Worker Self-Referral
22    Act.
23        (40) (Blank). Willful failure to provide notice when
24    notice is required under the Parental Notice of Abortion
25    Act of 1995.
26        (41) Failure to establish and maintain records of

 

 

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1    patient care and treatment as required by this law.
2        (42) Entering into an excessive number of written
3    collaborative agreements with licensed advanced practice
4    registered nurses resulting in an inability to adequately
5    collaborate.
6        (43) Repeated failure to adequately collaborate with a
7    licensed advanced practice registered nurse.
8        (44) Violating the Compassionate Use of Medical
9    Cannabis Program Act.
10        (45) Entering into an excessive number of written
11    collaborative agreements with licensed prescribing
12    psychologists resulting in an inability to adequately
13    collaborate.
14        (46) Repeated failure to adequately collaborate with a
15    licensed prescribing psychologist.
16        (47) Willfully failing to report an instance of
17    suspected abuse, neglect, financial exploitation, or
18    self-neglect of an eligible adult as defined in and
19    required by the Adult Protective Services Act.
20        (48) Being named as an abuser in a verified report by
21    the Department on Aging under the Adult Protective
22    Services Act, and upon proof by clear and convincing
23    evidence that the licensee abused, neglected, or
24    financially exploited an eligible adult as defined in the
25    Adult Protective Services Act.
26        (49) Entering into an excessive number of written

 

 

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1    collaborative agreements with licensed physician
2    assistants resulting in an inability to adequately
3    collaborate.
4        (50) Repeated failure to adequately collaborate with a
5    physician assistant.
6    Except for actions involving the ground numbered (26), all
7proceedings to suspend, revoke, place on probationary status,
8or take any other disciplinary action as the Department may
9deem proper, with regard to a license on any of the foregoing
10grounds, must be commenced within 5 years next after receipt
11by the Department of a complaint alleging the commission of or
12notice of the conviction order for any of the acts described
13herein. Except for the grounds numbered (8), (9), (26), and
14(29), no action shall be commenced more than 10 years after the
15date of the incident or act alleged to have violated this
16Section. For actions involving the ground numbered (26), a
17pattern of practice or other behavior includes all incidents
18alleged to be part of the pattern of practice or other behavior
19that occurred, or a report pursuant to Section 23 of this Act
20received, within the 10-year period preceding the filing of
21the complaint. In the event of the settlement of any claim or
22cause of action in favor of the claimant or the reduction to
23final judgment of any civil action in favor of the plaintiff,
24such claim, cause of action, or civil action being grounded on
25the allegation that a person licensed under this Act was
26negligent in providing care, the Department shall have an

 

 

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1additional period of 2 years from the date of notification to
2the Department under Section 23 of this Act of such settlement
3or final judgment in which to investigate and commence formal
4disciplinary proceedings under Section 36 of this Act, except
5as otherwise provided by law. The time during which the holder
6of the license was outside the State of Illinois shall not be
7included within any period of time limiting the commencement
8of disciplinary action by the Department.
9    The entry of an order or judgment by any circuit court
10establishing that any person holding a license under this Act
11is a person in need of mental treatment operates as a
12suspension of that license. That person may resume his or her
13practice only upon the entry of a Departmental order based
14upon a finding by the Medical Board that the person has been
15determined to be recovered from mental illness by the court
16and upon the Medical Board's recommendation that the person be
17permitted to resume his or her practice.
18    The Department may refuse to issue or take disciplinary
19action concerning the license of any person who fails to file a
20return, or to pay the tax, penalty, or interest shown in a
21filed return, or to pay any final assessment of tax, penalty,
22or interest, as required by any tax Act administered by the
23Illinois Department of Revenue, until such time as the
24requirements of any such tax Act are satisfied as determined
25by the Illinois Department of Revenue.
26    The Department, upon the recommendation of the Medical

 

 

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1Board, shall adopt rules which set forth standards to be used
2in determining:
3        (a) when a person will be deemed sufficiently
4    rehabilitated to warrant the public trust;
5        (b) what constitutes dishonorable, unethical, or
6    unprofessional conduct of a character likely to deceive,
7    defraud, or harm the public;
8        (c) what constitutes immoral conduct in the commission
9    of any act, including, but not limited to, commission of
10    an act of sexual misconduct related to the licensee's
11    practice; and
12        (d) what constitutes gross negligence in the practice
13    of medicine.
14    However, no such rule shall be admissible into evidence in
15any civil action except for review of a licensing or other
16disciplinary action under this Act.
17    In enforcing this Section, the Medical Board, upon a
18showing of a possible violation, may compel any individual who
19is licensed to practice under this Act or holds a permit to
20practice under this Act, or any individual who has applied for
21licensure or a permit pursuant to this Act, to submit to a
22mental or physical examination and evaluation, or both, which
23may include a substance abuse or sexual offender evaluation,
24as required by the Medical Board and at the expense of the
25Department. The Medical Board shall specifically designate the
26examining physician licensed to practice medicine in all of

 

 

10200SB1534ham004- 52 -LRB102 10353 LNS 42481 a

1its branches or, if applicable, the multidisciplinary team
2involved in providing the mental or physical examination and
3evaluation, or both. The multidisciplinary team shall be led
4by a physician licensed to practice medicine in all of its
5branches and may consist of one or more or a combination of
6physicians licensed to practice medicine in all of its
7branches, licensed chiropractic physicians, licensed clinical
8psychologists, licensed clinical social workers, licensed
9clinical professional counselors, and other professional and
10administrative staff. Any examining physician or member of the
11multidisciplinary team may require any person ordered to
12submit to an examination and evaluation pursuant to this
13Section to submit to any additional supplemental testing
14deemed necessary to complete any examination or evaluation
15process, including, but not limited to, blood testing,
16urinalysis, psychological testing, or neuropsychological
17testing. The Medical Board or the Department may order the
18examining physician or any member of the multidisciplinary
19team to provide to the Department or the Medical Board any and
20all records, including business records, that relate to the
21examination and evaluation, including any supplemental testing
22performed. The Medical Board or the Department may order the
23examining physician or any member of the multidisciplinary
24team to present testimony concerning this examination and
25evaluation of the licensee, permit holder, or applicant,
26including testimony concerning any supplemental testing or

 

 

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1documents relating to the examination and evaluation. No
2information, report, record, or other documents in any way
3related to the examination and evaluation shall be excluded by
4reason of any common law or statutory privilege relating to
5communication between the licensee, permit holder, or
6applicant and the examining physician or any member of the
7multidisciplinary team. No authorization is necessary from the
8licensee, permit holder, or applicant ordered to undergo an
9evaluation and examination for the examining physician or any
10member of the multidisciplinary team to provide information,
11reports, records, or other documents or to provide any
12testimony regarding the examination and evaluation. The
13individual to be examined may have, at his or her own expense,
14another physician of his or her choice present during all
15aspects of the examination. Failure of any individual to
16submit to mental or physical examination and evaluation, or
17both, when directed, shall result in an automatic suspension,
18without hearing, until such time as the individual submits to
19the examination. If the Medical Board finds a physician unable
20to practice following an examination and evaluation because of
21the reasons set forth in this Section, the Medical Board shall
22require such physician to submit to care, counseling, or
23treatment by physicians, or other health care professionals,
24approved or designated by the Medical Board, as a condition
25for issued, continued, reinstated, or renewed licensure to
26practice. Any physician, whose license was granted pursuant to

 

 

10200SB1534ham004- 54 -LRB102 10353 LNS 42481 a

1Sections 9, 17, or 19 of this Act, or, continued, reinstated,
2renewed, disciplined or supervised, subject to such terms,
3conditions, or restrictions who shall fail to comply with such
4terms, conditions, or restrictions, or to complete a required
5program of care, counseling, or treatment, as determined by
6the Chief Medical Coordinator or Deputy Medical Coordinators,
7shall be referred to the Secretary for a determination as to
8whether the licensee shall have his or her license suspended
9immediately, pending a hearing by the Medical Board. In
10instances in which the Secretary immediately suspends a
11license under this Section, a hearing upon such person's
12license must be convened by the Medical Board within 15 days
13after such suspension and completed without appreciable delay.
14The Medical Board shall have the authority to review the
15subject physician's record of treatment and counseling
16regarding 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, affected under this
20Section, shall be afforded an opportunity to demonstrate to
21the Medical Board that he or she can resume practice in
22compliance with acceptable and prevailing standards under the
23provisions of his or her license.
24    The Department may promulgate rules for the imposition of
25fines in disciplinary cases, not to exceed $10,000 for each
26violation of this Act. Fines may be imposed in conjunction

 

 

10200SB1534ham004- 55 -LRB102 10353 LNS 42481 a

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

 

 

10200SB1534ham004- 56 -LRB102 10353 LNS 42481 a

1    physician to an eligible patient regarding, or
2    prescription for, or treatment with, an investigational
3    drug, biological product, or device; or
4        (2) for experimental treatment for Lyme disease or
5    other tick-borne diseases, including, but not limited to,
6    the prescription of or treatment with long-term
7    antibiotics;
8        (3) based solely upon the physician providing,
9    authorizing, recommending, aiding, assisting, referring
10    for, or otherwise participating in any health care
11    service, so long as the care was otherwise performed in
12    accordance with the laws of this State, regardless of
13    whether the patient was a resident of this State or
14    another state; or
15        (4) based upon the physician's license being revoked
16    or suspended, or the physician being otherwise disciplined
17    by any other state, if that revocation, suspension, or
18    other form of discipline was based solely on the physician
19    violating another state's laws prohibiting the provision
20    of, authorization of, recommendation of, aiding or
21    assisting in, referring for, or participation in any
22    health care service if that health care service as
23    provided would have been lawful and consistent with the
24    standards of conduct for the physician if it occurred in
25    Illinois.
26    (D) (Blank). The Medical Board shall recommend to the

 

 

10200SB1534ham004- 57 -LRB102 10353 LNS 42481 a

1Department civil penalties and any other appropriate
2discipline in disciplinary cases when the Medical Board finds
3that a physician willfully performed an abortion with actual
4knowledge that the person upon whom the abortion has been
5performed is a minor or an incompetent person without notice
6as required under the Parental Notice of Abortion Act of 1995.
7Upon the Medical Board's recommendation, the Department shall
8impose, for the first violation, a civil penalty of $1,000 and
9for a second or subsequent violation, a civil penalty of
10$5,000.
11    (D) The conduct specified in subsection (C) shall not
12trigger reporting requirements under Section 23, constitute
13grounds for suspension under Section 25, or be included on the
14physician's profile required under Section 10 of the Patients'
15Right to Know Act.
16    (E) An applicant seeking licensure, certification, or
17authorization pursuant to this Act who has been subject to
18disciplinary action by a duly authorized professional
19disciplinary agency of another jurisdiction solely on the
20basis of having provided, authorized, recommended, aided,
21assisted, referred for, or otherwise participated in health
22care shall not be denied such licensure, certification, or
23authorization, unless the Department determines that such
24action would have constituted professional misconduct in this
25State; provided however, that nothing in this Section shall be
26construed as prohibiting the Department from evaluating the

 

 

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1conduct of such applicant and making a determination regarding
2the licensure, certification, or authorization to practice a
3profession under this Act.
4    (F) The Department may adopt rules to implement the
5changes made by this amendatory Act of the 102nd General
6Assembly.
7(Source: P.A. 101-13, eff. 6-12-19; 101-81, eff. 7-12-19;
8101-363, eff. 8-9-19; 102-20, eff. 1-1-22; 102-558, eff.
98-20-21; 102-813, eff. 5-13-22.)
 
10    (225 ILCS 60/23)  (from Ch. 111, par. 4400-23)
11    (Section scheduled to be repealed on January 1, 2027)
12    Sec. 23. Reports relating to professional conduct and
13capacity.
14    (A) Entities required to report.
15        (1) Health care institutions. The chief administrator
16    or executive officer of any health care institution
17    licensed by the Illinois Department of Public Health shall
18    report to the Medical Board when any person's clinical
19    privileges are terminated or are restricted based on a
20    final determination made in accordance with that
21    institution's by-laws or rules and regulations that a
22    person has either committed an act or acts which may
23    directly threaten patient care or that a person may have a
24    mental or physical disability that may endanger patients
25    under that person's care. Such officer also shall report

 

 

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1    if a person accepts voluntary termination or restriction
2    of clinical privileges in lieu of formal action based upon
3    conduct related directly to patient care or in lieu of
4    formal action seeking to determine whether a person may
5    have a mental or physical disability that may endanger
6    patients under that person's care. The Medical Board
7    shall, by rule, provide for the reporting to it by health
8    care institutions of all instances in which a person,
9    licensed under this Act, who is impaired by reason of age,
10    drug or alcohol abuse or physical or mental impairment, is
11    under supervision and, where appropriate, is in a program
12    of rehabilitation. Such reports shall be strictly
13    confidential and may be reviewed and considered only by
14    the members of the Medical Board, or by authorized staff
15    as provided by rules of the Medical Board. Provisions
16    shall be made for the periodic report of the status of any
17    such person not less than twice annually in order that the
18    Medical Board shall have current information upon which to
19    determine the status of any such person. Such initial and
20    periodic reports of impaired physicians shall not be
21    considered records within the meaning of the State Records
22    Act and shall be disposed of, following a determination by
23    the Medical Board that such reports are no longer
24    required, in a manner and at such time as the Medical Board
25    shall determine by rule. The filing of such reports shall
26    be construed as the filing of a report for purposes of

 

 

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1    subsection (C) of this Section. Such health care
2    institution shall not take any adverse action, including,
3    but not limited to, restricting or terminating of any
4    person's clinical privileges, as a result of an adverse
5    action against the person's license or clinical privileges
6    or other disciplinary action by another state or health
7    care institution that resulted from the person's provision
8    of, authorization of, recommendation of, aiding or
9    assistance with, referral for, or participation in any
10    health care service if the adverse action was based solely
11    on a violation of the other state's law prohibiting the
12    provision of such health care and related services in the
13    state or for a resident of the state if that health care
14    service as provided would have been lawful and consistent
15    with the standards of conduct for physicians if it
16    occurred in Illinois.
17        (1.5) Clinical training programs. The program director
18    of any post-graduate clinical training program shall
19    report to the Medical Board if a person engaged in a
20    post-graduate clinical training program at the
21    institution, including, but not limited to, a residency or
22    fellowship, separates from the program for any reason
23    prior to its conclusion. The program director shall
24    provide all documentation relating to the separation if,
25    after review of the report, the Medical Board determines
26    that a review of those documents is necessary to determine

 

 

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1    whether a violation of this Act occurred.
2        (2) Professional associations. The President or chief
3    executive officer of any association or society, of
4    persons licensed under this Act, operating within this
5    State shall report to the Medical Board when the
6    association or society renders a final determination that
7    a person has committed unprofessional conduct related
8    directly to patient care or that a person may have a mental
9    or physical disability that may endanger patients under
10    that person's care.
11        (3) Professional liability insurers. Every insurance
12    company which offers policies of professional liability
13    insurance to persons licensed under this Act, or any other
14    entity which seeks to indemnify the professional liability
15    of a person licensed under this Act, shall report to the
16    Medical Board the settlement of any claim or cause of
17    action, or final judgment rendered in any cause of action,
18    which alleged negligence in the furnishing of medical care
19    by such licensed person when such settlement or final
20    judgment is in favor of the plaintiff. Such insurance
21    company shall not take any adverse action, including, but
22    not limited to, denial or revocation of coverage, or rate
23    increases, against a person licensed under this Act with
24    respect to coverage for services provided in Illinois if
25    based solely on the person providing, authorizing,
26    recommending, aiding, assisting, referring for, or

 

 

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1    otherwise participating in health care services this State
2    in violation of another state's law, or a revocation or
3    other adverse action against the person's license in
4    another state for violation of such law if that health
5    care service as provided would have been lawful and
6    consistent with the standards of conduct for physicians if
7    it occurred in Illinois. Notwithstanding this provision,
8    it is against public policy to require coverage for an
9    illegal action.
10        (4) State's Attorneys. The State's Attorney of each
11    county shall report to the Medical Board, within 5 days,
12    any instances in which a person licensed under this Act is
13    convicted of any felony or Class A misdemeanor. The
14    State's Attorney of each county may report to the Medical
15    Board through a verified complaint any instance in which
16    the State's Attorney believes that a physician has
17    willfully violated the notice requirements of the Parental
18    Notice of Abortion Act of 1995.
19        (5) State agencies. All agencies, boards, commissions,
20    departments, or other instrumentalities of the government
21    of the State of Illinois shall report to the Medical Board
22    any instance arising in connection with the operations of
23    such agency, including the administration of any law by
24    such agency, in which a person licensed under this Act has
25    either committed an act or acts which may be a violation of
26    this Act or which may constitute unprofessional conduct

 

 

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1    related directly to patient care or which indicates that a
2    person licensed under this Act may have a mental or
3    physical disability that may endanger patients under that
4    person's care.
5    (B) Mandatory reporting. All reports required by items
6(34), (35), and (36) of subsection (A) of Section 22 and by
7Section 23 shall be submitted to the Medical Board in a timely
8fashion. Unless otherwise provided in this Section, the
9reports shall be filed in writing within 60 days after a
10determination that a report is required under this Act. All
11reports shall contain the following information:
12        (1) The name, address and telephone number of the
13    person making the report.
14        (2) The name, address and telephone number of the
15    person who is the subject of the report.
16        (3) The name and date of birth of any patient or
17    patients whose treatment is a subject of the report, if
18    available, or other means of identification if such
19    information is not available, identification of the
20    hospital or other healthcare facility where the care at
21    issue in the report was rendered, provided, however, no
22    medical records may be revealed.
23        (4) A brief description of the facts which gave rise
24    to the issuance of the report, including the dates of any
25    occurrences deemed to necessitate the filing of the
26    report.

 

 

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1        (5) If court action is involved, the identity of the
2    court in which the action is filed, along with the docket
3    number and date of filing of the action.
4        (6) Any further pertinent information which the
5    reporting party deems to be an aid in the evaluation of the
6    report.
7    The Medical Board or Department may also exercise the
8power under Section 38 of this Act to subpoena copies of
9hospital or medical records in mandatory report cases alleging
10death or permanent bodily injury. Appropriate rules shall be
11adopted by the Department with the approval of the Medical
12Board.
13    When the Department has received written reports
14concerning incidents required to be reported in items (34),
15(35), and (36) of subsection (A) of Section 22, the licensee's
16failure to report the incident to the Department under those
17items shall not be the sole grounds for disciplinary action.
18    Nothing contained in this Section shall act to, in any
19way, waive or modify the confidentiality of medical reports
20and committee reports to the extent provided by law. Any
21information reported or disclosed shall be kept for the
22confidential use of the Medical Board, the Medical
23Coordinators, the Medical Board's attorneys, the medical
24investigative staff, and authorized clerical staff, as
25provided in this Act, and shall be afforded the same status as
26is provided information concerning medical studies in Part 21

 

 

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1of Article VIII of the Code of Civil Procedure, except that the
2Department may disclose information and documents to a
3federal, State, or local law enforcement agency pursuant to a
4subpoena in an ongoing criminal investigation or to a health
5care licensing body or medical licensing authority of this
6State or another state or jurisdiction pursuant to an official
7request made by that licensing body or medical licensing
8authority. Furthermore, information and documents disclosed to
9a federal, State, or local law enforcement agency may be used
10by that agency only for the investigation and prosecution of a
11criminal offense, or, in the case of disclosure to a health
12care licensing body or medical licensing authority, only for
13investigations and disciplinary action proceedings with regard
14to a license. Information and documents disclosed to the
15Department of Public Health may be used by that Department
16only for investigation and disciplinary action regarding the
17license of a health care institution licensed by the
18Department of Public Health.
19    (C) Immunity from prosecution. Any individual or
20organization acting in good faith, and not in a wilful and
21wanton manner, in complying with this Act by providing any
22report or other information to the Medical Board or a peer
23review committee, or assisting in the investigation or
24preparation of such information, or by voluntarily reporting
25to the Medical Board or a peer review committee information
26regarding alleged errors or negligence by a person licensed

 

 

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1under this Act, or by participating in proceedings of the
2Medical Board or a peer review committee, or by serving as a
3member of the Medical Board or a peer review committee, shall
4not, as a result of such actions, be subject to criminal
5prosecution or civil damages.
6    (D) Indemnification. Members of the Medical Board, the
7Medical Coordinators, the Medical Board's attorneys, the
8medical investigative staff, physicians retained under
9contract to assist and advise the medical coordinators in the
10investigation, and authorized clerical staff shall be
11indemnified by the State for any actions occurring within the
12scope of services on the Medical Board, done in good faith and
13not wilful and wanton in nature. The Attorney General shall
14defend all such actions unless he or she determines either
15that there would be a conflict of interest in such
16representation or that the actions complained of were not in
17good faith or were wilful and wanton.
18    Should the Attorney General decline representation, the
19member shall have the right to employ counsel of his or her
20choice, whose fees shall be provided by the State, after
21approval by the Attorney General, unless there is a
22determination by a court that the member's actions were not in
23good faith or were wilful and wanton.
24    The member must notify the Attorney General within 7 days
25of receipt of notice of the initiation of any action involving
26services of the Medical Board. Failure to so notify the

 

 

10200SB1534ham004- 67 -LRB102 10353 LNS 42481 a

1Attorney General shall constitute an absolute waiver of the
2right to a defense and indemnification.
3    The Attorney General shall determine within 7 days after
4receiving such notice, whether he or she will undertake to
5represent the member.
6    (E) Deliberations of Medical Board. Upon the receipt of
7any report called for by this Act, other than those reports of
8impaired persons licensed under this Act required pursuant to
9the rules of the Medical Board, the Medical Board shall notify
10in writing, by mail or email, the person who is the subject of
11the report. Such notification shall be made within 30 days of
12receipt by the Medical Board of the report.
13    The notification shall include a written notice setting
14forth the person's right to examine the report. Included in
15such notification shall be the address at which the file is
16maintained, the name of the custodian of the reports, and the
17telephone number at which the custodian may be reached. The
18person who is the subject of the report shall submit a written
19statement responding, clarifying, adding to, or proposing the
20amending of the report previously filed. The person who is the
21subject of the report shall also submit with the written
22statement any medical records related to the report. The
23statement and accompanying medical records shall become a
24permanent part of the file and must be received by the Medical
25Board no more than 30 days after the date on which the person
26was notified by the Medical Board of the existence of the

 

 

10200SB1534ham004- 68 -LRB102 10353 LNS 42481 a

1original report.
2    The Medical Board shall review all reports received by it,
3together with any supporting information and responding
4statements submitted by persons who are the subject of
5reports. The review by the Medical Board shall be in a timely
6manner but in no event, shall the Medical Board's initial
7review of the material contained in each disciplinary file be
8less than 61 days nor more than 180 days after the receipt of
9the initial report by the Medical Board.
10    When the Medical Board makes its initial review of the
11materials contained within its disciplinary files, the Medical
12Board shall, in writing, make a determination as to whether
13there are sufficient facts to warrant further investigation or
14action. Failure to make such determination within the time
15provided shall be deemed to be a determination that there are
16not sufficient facts to warrant further investigation or
17action.
18    Should the Medical Board find that there are not
19sufficient facts to warrant further investigation, or action,
20the report shall be accepted for filing and the matter shall be
21deemed closed and so reported to the Secretary. The Secretary
22shall then have 30 days to accept the Medical Board's decision
23or request further investigation. The Secretary shall inform
24the Medical Board of the decision to request further
25investigation, including the specific reasons for the
26decision. The individual or entity filing the original report

 

 

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1or complaint and the person who is the subject of the report or
2complaint shall be notified in writing by the Secretary of any
3final action on their report or complaint. The Department
4shall disclose to the individual or entity who filed the
5original report or complaint, on request, the status of the
6Medical Board's review of a specific report or complaint. Such
7request may be made at any time, including prior to the Medical
8Board's determination as to whether there are sufficient facts
9to warrant further investigation or action.
10    (F) Summary reports. The Medical Board shall prepare, on a
11timely basis, but in no event less than once every other month,
12a summary report of final disciplinary actions taken upon
13disciplinary files maintained by the Medical Board. The
14summary reports shall be made available to the public upon
15request and payment of the fees set by the Department. This
16publication may be made available to the public on the
17Department's website. Information or documentation relating to
18any disciplinary file that is closed without disciplinary
19action taken shall not be disclosed and shall be afforded the
20same status as is provided by Part 21 of Article VIII of the
21Code of Civil Procedure.
22    (G) Any violation of this Section shall be a Class A
23misdemeanor.
24    (H) If any such person violates the provisions of this
25Section an action may be brought in the name of the People of
26the State of Illinois, through the Attorney General of the

 

 

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1State of Illinois, for an order enjoining such violation or
2for an order enforcing compliance with this Section. Upon
3filing of a verified petition in such court, the court may
4issue a temporary restraining order without notice or bond and
5may preliminarily or permanently enjoin such violation, and if
6it is established that such person has violated or is
7violating the injunction, the court may punish the offender
8for contempt of court. Proceedings under this paragraph shall
9be in addition to, and not in lieu of, all other remedies and
10penalties provided for by this Section.
11    (I) The Department may adopt rules to implement the
12changes made by this amendatory Act of the 102nd General
13Assembly.
14(Source: P.A. 102-20, eff. 1-1-22; 102-687, eff. 12-17-21.)
 
15    Section 9-10. The Nurse Practice Act is amended by
16changing Sections 65-65 and 70-5 as follows:
 
17    (225 ILCS 65/65-65)   (was 225 ILCS 65/15-55)
18    (Section scheduled to be repealed on January 1, 2028)
19    Sec. 65-65. Reports relating to APRN professional conduct
20and capacity.
21    (a) Entities Required to Report.
22        (1) Health Care Institutions. The chief administrator
23    or executive officer of a health care institution licensed
24    by the Department of Public Health, which provides the

 

 

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1    minimum due process set forth in Section 10.4 of the
2    Hospital Licensing Act, shall report to the Board when an
3    advanced practice registered nurse's organized
4    professional staff clinical privileges are terminated or
5    are restricted based on a final determination, in
6    accordance with that institution's bylaws or rules and
7    regulations, that (i) a person has either committed an act
8    or acts that may directly threaten patient care and that
9    are not of an administrative nature or (ii) that a person
10    may have a mental or physical disability that may endanger
11    patients under that person's care. The chief administrator
12    or officer shall also report if an advanced practice
13    registered nurse accepts voluntary termination or
14    restriction of clinical privileges in lieu of formal
15    action based upon conduct related directly to patient care
16    and not of an administrative nature, or in lieu of formal
17    action seeking to determine whether a person may have a
18    mental or physical disability that may endanger patients
19    under that person's care. The Department shall provide by
20    rule for the reporting to it of all instances in which a
21    person licensed under this Article, who is impaired by
22    reason of age, drug, or alcohol abuse or physical or
23    mental impairment, is under supervision and, where
24    appropriate, is in a program of rehabilitation. Reports
25    submitted under this subsection shall be strictly
26    confidential and may be reviewed and considered only by

 

 

10200SB1534ham004- 72 -LRB102 10353 LNS 42481 a

1    the members of the Board or authorized staff as provided
2    by rule of the Department. Provisions shall be made for
3    the periodic report of the status of any such reported
4    person not less than twice annually in order that the
5    Board shall have current information upon which to
6    determine the status of that person. Initial and periodic
7    reports of impaired advanced practice registered nurses
8    shall not be considered records within the meaning of the
9    State Records Act and shall be disposed of, following a
10    determination by the Board that such reports are no longer
11    required, in a manner and at an appropriate time as the
12    Board shall determine by rule. The filing of reports
13    submitted under this subsection shall be construed as the
14    filing of a report for purposes of subsection (c) of this
15    Section.
16        (2) Professional Associations. The President or chief
17    executive officer of an association or society of persons
18    licensed under this Article, operating within this State,
19    shall report to the Board when the association or society
20    renders a final determination that a person licensed under
21    this Article has committed unprofessional conduct related
22    directly to patient care or that a person may have a mental
23    or physical disability that may endanger patients under
24    the person's care.
25        (3) Professional Liability Insurers. Every insurance
26    company that offers policies of professional liability

 

 

10200SB1534ham004- 73 -LRB102 10353 LNS 42481 a

1    insurance to persons licensed under this Article, or any
2    other entity that seeks to indemnify the professional
3    liability of a person licensed under this Article, shall
4    report to the Board the settlement of any claim or cause of
5    action, or final judgment rendered in any cause of action,
6    that alleged negligence in the furnishing of patient care
7    by the licensee when the settlement or final judgment is
8    in favor of the plaintiff. Such insurance company shall
9    not take any adverse action, including, but not limited
10    to, denial or revocation of coverage, or rate increases,
11    against a person licensed under this Act with respect to
12    coverage for services provided in Illinois if based solely
13    on the person providing, authorizing, recommending,
14    aiding, assisting, referring for, or otherwise
15    participating in health care services this State in
16    violation of another state's law, or a revocation or other
17    adverse action against the person's license in another
18    state for violation of such law if that health care
19    service as provided would have been lawful and consistent
20    with the standards of conduct for physicians if it
21    occurred in Illinois. Notwithstanding this provision, it
22    is against public policy to require coverage for an
23    illegal action.
24        (4) State's Attorneys. The State's Attorney of each
25    county shall report to the Board all instances in which a
26    person licensed under this Article is convicted or

 

 

10200SB1534ham004- 74 -LRB102 10353 LNS 42481 a

1    otherwise found guilty of the commission of a felony.
2        (5) State Agencies. All agencies, boards, commissions,
3    departments, or other instrumentalities of the government
4    of this State shall report to the Board any instance
5    arising in connection with the operations of the agency,
6    including the administration of any law by the agency, in
7    which a person licensed under this Article has either
8    committed an act or acts that may constitute a violation
9    of this Article, that may constitute unprofessional
10    conduct related directly to patient care, or that
11    indicates that a person licensed under this Article may
12    have a mental or physical disability that may endanger
13    patients under that person's care.
14    (b) Mandatory Reporting. All reports required under items
15(16) and (17) of subsection (a) of Section 70-5 shall be
16submitted to the Board in a timely fashion. The reports shall
17be filed in writing within 60 days after a determination that a
18report is required under this Article. All reports shall
19contain the following information:
20        (1) The name, address, and telephone number of the
21    person making the report.
22        (2) The name, address, and telephone number of the
23    person who is the subject of the report.
24        (3) The name or other means of identification of any
25    patient or patients whose treatment is a subject of the
26    report, except that no medical records may be revealed

 

 

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1    without the written consent of the patient or patients.
2        (4) A brief description of the facts that gave rise to
3    the issuance of the report, including, but not limited to,
4    the dates of any occurrences deemed to necessitate the
5    filing of the report.
6        (5) If court action is involved, the identity of the
7    court in which the action is filed, the docket number, and
8    date of filing of the action.
9        (6) Any further pertinent information that the
10    reporting party deems to be an aid in the evaluation of the
11    report.
12    Nothing contained in this Section shall be construed to in
13any way waive or modify the confidentiality of medical reports
14and committee reports to the extent provided by law. Any
15information reported or disclosed shall be kept for the
16confidential use of the Board, the Board's attorneys, the
17investigative staff, and authorized clerical staff and shall
18be afforded the same status as is provided information
19concerning medical studies in Part 21 of Article VIII of the
20Code of Civil Procedure.
21    (c) Immunity from Prosecution. An individual or
22organization acting in good faith, and not in a willful and
23wanton manner, in complying with this Section by providing a
24report or other information to the Board, by assisting in the
25investigation or preparation of a report or information, by
26participating in proceedings of the Board, or by serving as a

 

 

10200SB1534ham004- 76 -LRB102 10353 LNS 42481 a

1member of the Board shall not, as a result of such actions, be
2subject to criminal prosecution or civil damages.
3    (d) Indemnification. Members of the Board, the Board's
4attorneys, the investigative staff, advanced practice
5registered nurses or physicians retained under contract to
6assist and advise in the investigation, and authorized
7clerical staff shall be indemnified by the State for any
8actions (i) occurring within the scope of services on the
9Board, (ii) performed in good faith, and (iii) not willful and
10wanton in nature. The Attorney General shall defend all
11actions taken against those persons unless he or she
12determines either that there would be a conflict of interest
13in the representation or that the actions complained of were
14not performed in good faith or were willful and wanton in
15nature. If the Attorney General declines representation, the
16member shall have the right to employ counsel of his or her
17choice, whose fees shall be provided by the State, after
18approval by the Attorney General, unless there is a
19determination by a court that the member's actions were not
20performed in good faith or were willful and wanton in nature.
21The member shall notify the Attorney General within 7 days of
22receipt of notice of the initiation of an action involving
23services of the Board. Failure to so notify the Attorney
24General shall constitute an absolute waiver of the right to a
25defense and indemnification. The Attorney General shall
26determine within 7 days after receiving the notice whether he

 

 

10200SB1534ham004- 77 -LRB102 10353 LNS 42481 a

1or she will undertake to represent the member.
2    (e) Deliberations of Board. Upon the receipt of a report
3called for by this Section, other than those reports of
4impaired persons licensed under this Article required pursuant
5to the rules of the Board, the Board shall notify in writing by
6certified or registered mail or by email to the email address
7of record the person who is the subject of the report. The
8notification shall be made within 30 days of receipt by the
9Board of the report. The notification shall include a written
10notice setting forth the person's right to examine the report.
11Included in the notification shall be the address at which the
12file is maintained, the name of the custodian of the reports,
13and the telephone number at which the custodian may be
14reached. The person who is the subject of the report shall
15submit a written statement responding to, clarifying, adding
16to, or proposing to amend the report previously filed. The
17statement shall become a permanent part of the file and shall
18be received by the Board no more than 30 days after the date on
19which the person was notified of the existence of the original
20report. The Board shall review all reports received by it and
21any supporting information and responding statements submitted
22by persons who are the subject of reports. The review by the
23Board shall be in a timely manner but in no event shall the
24Board's initial review of the material contained in each
25disciplinary file be less than 61 days nor more than 180 days
26after the receipt of the initial report by the Board. When the

 

 

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1Board makes its initial review of the materials contained
2within its disciplinary files, the Board shall, in writing,
3make a determination as to whether there are sufficient facts
4to warrant further investigation or action. Failure to make
5that determination within the time provided shall be deemed to
6be a determination that there are not sufficient facts to
7warrant further investigation or action. Should the Board find
8that there are not sufficient facts to warrant further
9investigation or action, the report shall be accepted for
10filing and the matter shall be deemed closed and so reported.
11The individual or entity filing the original report or
12complaint and the person who is the subject of the report or
13complaint shall be notified in writing by the Board of any
14final action on their report or complaint.
15    (f) (Blank).
16    (g) Any violation of this Section shall constitute a Class
17A misdemeanor.
18    (h) If a person violates the provisions of this Section,
19an action may be brought in the name of the People of the State
20of Illinois, through the Attorney General of the State of
21Illinois, for an order enjoining the violation or for an order
22enforcing compliance with this Section. Upon filing of a
23petition in court, the court may issue a temporary restraining
24order without notice or bond and may preliminarily or
25permanently enjoin the violation, and if it is established
26that the person has violated or is violating the injunction,

 

 

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1the court may punish the offender for contempt of court.
2Proceedings under this subsection shall be in addition to, and
3not in lieu of, all other remedies and penalties provided for
4by this Section.
5    (i) The Department may adopt rules to implement the
6changes made by this amendatory Act of the 102nd General
7Assembly.
8(Source: P.A. 99-143, eff. 7-27-15; 100-513, eff. 1-1-18.)
 
9    (225 ILCS 65/70-5)   (was 225 ILCS 65/10-45)
10    (Section scheduled to be repealed on January 1, 2028)
11    Sec. 70-5. Grounds for disciplinary action.
12    (a) The Department may refuse to issue or to renew, or may
13revoke, suspend, place on probation, reprimand, or take other
14disciplinary or non-disciplinary action as the Department may
15deem appropriate, including fines not to exceed $10,000 per
16violation, with regard to a license for any one or combination
17of the causes set forth in subsection (b) below. All fines
18collected under this Section shall be deposited in the Nursing
19Dedicated and Professional Fund.
20    (b) Grounds for disciplinary action include the following:
21        (1) Material deception in furnishing information to
22    the Department.
23        (2) Material violations of any provision of this Act
24    or violation of the rules of or final administrative
25    action of the Secretary, after consideration of the

 

 

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1    recommendation of the Board.
2        (3) Conviction by plea of guilty or nolo contendere,
3    finding of guilt, jury verdict, or entry of judgment or by
4    sentencing of any crime, including, but not limited to,
5    convictions, preceding sentences of supervision,
6    conditional discharge, or first offender probation, under
7    the laws of any jurisdiction of the United States: (i)
8    that is a felony; or (ii) that is a misdemeanor, an
9    essential element of which is dishonesty, or that is
10    directly related to the practice of the profession.
11        (4) A pattern of practice or other behavior which
12    demonstrates incapacity or incompetency to practice under
13    this Act.
14        (5) Knowingly aiding or assisting another person in
15    violating any provision of this Act or rules.
16        (6) Failing, within 90 days, to provide a response to
17    a request for information in response to a written request
18    made by the Department by certified or registered mail or
19    by email to the email address of record.
20        (7) Engaging in dishonorable, unethical or
21    unprofessional conduct of a character likely to deceive,
22    defraud or harm the public, as defined by rule.
23        (8) Unlawful taking, theft, selling, distributing, or
24    manufacturing of any drug, narcotic, or prescription
25    device.
26        (9) Habitual or excessive use or addiction to alcohol,

 

 

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1    narcotics, stimulants, or any other chemical agent or drug
2    that could result in a licensee's inability to practice
3    with reasonable judgment, skill or safety.
4        (10) Discipline by another U.S. jurisdiction or
5    foreign nation, if at least one of the grounds for the
6    discipline is the same or substantially equivalent to
7    those set forth in this Section.
8        (11) A finding that the licensee, after having her or
9    his license placed on probationary status or subject to
10    conditions or restrictions, has violated the terms of
11    probation or failed to comply with such terms or
12    conditions.
13        (12) Being named as a perpetrator in an indicated
14    report by the Department of Children and Family Services
15    and under the Abused and Neglected Child Reporting Act,
16    and upon proof by clear and convincing evidence that the
17    licensee has caused a child to be an abused child or
18    neglected child as defined in the Abused and Neglected
19    Child Reporting Act.
20        (13) Willful omission to file or record, or willfully
21    impeding the filing or recording or inducing another
22    person to omit to file or record medical reports as
23    required by law.
24        (13.5) Willfully failing to report an instance of
25    suspected child abuse or neglect as required by the Abused
26    and Neglected Child Reporting Act.

 

 

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1        (14) Gross negligence in the practice of practical,
2    professional, or advanced practice registered nursing.
3        (15) Holding oneself out to be practicing nursing
4    under any name other than one's own.
5        (16) Failure of a licensee to report to the Department
6    any adverse final action taken against him or her by
7    another licensing jurisdiction of the United States or any
8    foreign state or country, any peer review body, any health
9    care institution, any professional or nursing society or
10    association, any governmental agency, any law enforcement
11    agency, or any court or a nursing liability claim related
12    to acts or conduct similar to acts or conduct that would
13    constitute grounds for action as defined in this Section.
14        (17) Failure of a licensee to report to the Department
15    surrender by the licensee of a license or authorization to
16    practice nursing or advanced practice registered nursing
17    in another state or jurisdiction or current surrender by
18    the licensee of membership on any nursing staff or in any
19    nursing or advanced practice registered nursing or
20    professional association or society while under
21    disciplinary investigation by any of those authorities or
22    bodies for acts or conduct similar to acts or conduct that
23    would constitute grounds for action as defined by this
24    Section.
25        (18) Failing, within 60 days, to provide information
26    in response to a written request made by the Department.

 

 

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1        (19) Failure to establish and maintain records of
2    patient care and treatment as required by law.
3        (20) Fraud, deceit or misrepresentation in applying
4    for or procuring a license under this Act or in connection
5    with applying for renewal of a license under this Act.
6        (21) Allowing another person or organization to use
7    the licensee's license to deceive the public.
8        (22) Willfully making or filing false records or
9    reports in the licensee's practice, including but not
10    limited to false records to support claims against the
11    medical assistance program of the Department of Healthcare
12    and Family Services (formerly Department of Public Aid)
13    under the Illinois Public Aid Code.
14        (23) Attempting to subvert or cheat on a licensing
15    examination administered under this Act.
16        (24) Immoral conduct in the commission of an act,
17    including, but not limited to, sexual abuse, sexual
18    misconduct, or sexual exploitation, related to the
19    licensee's practice.
20        (25) Willfully or negligently violating the
21    confidentiality between nurse and patient except as
22    required by law.
23        (26) Practicing under a false or assumed name, except
24    as provided by law.
25        (27) The use of any false, fraudulent, or deceptive
26    statement in any document connected with the licensee's

 

 

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1    practice.
2        (28) Directly or indirectly giving to or receiving
3    from a person, firm, corporation, partnership, or
4    association a fee, commission, rebate, or other form of
5    compensation for professional services not actually or
6    personally rendered. Nothing in this paragraph (28)
7    affects any bona fide independent contractor or employment
8    arrangements among health care professionals, health
9    facilities, health care providers, or other entities,
10    except as otherwise prohibited by law. Any employment
11    arrangements may include provisions for compensation,
12    health insurance, pension, or other employment benefits
13    for the provision of services within the scope of the
14    licensee's practice under this Act. Nothing in this
15    paragraph (28) shall be construed to require an employment
16    arrangement to receive professional fees for services
17    rendered.
18        (29) A violation of the Health Care Worker
19    Self-Referral Act.
20        (30) Physical illness, mental illness, or disability
21    that results in the inability to practice the profession
22    with reasonable judgment, skill, or safety.
23        (31) Exceeding the terms of a collaborative agreement
24    or the prescriptive authority delegated to a licensee by
25    his or her collaborating physician or podiatric physician
26    in guidelines established under a written collaborative

 

 

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1    agreement.
2        (32) Making a false or misleading statement regarding
3    a licensee's skill or the efficacy or value of the
4    medicine, treatment, or remedy prescribed by him or her in
5    the course of treatment.
6        (33) Prescribing, selling, administering,
7    distributing, giving, or self-administering a drug
8    classified as a controlled substance (designated product)
9    or narcotic for other than medically accepted therapeutic
10    purposes.
11        (34) Promotion of the sale of drugs, devices,
12    appliances, or goods provided for a patient in a manner to
13    exploit the patient for financial gain.
14        (35) Violating State or federal laws, rules, or
15    regulations relating to controlled substances.
16        (36) Willfully or negligently violating the
17    confidentiality between an advanced practice registered
18    nurse, collaborating physician, dentist, or podiatric
19    physician and a patient, except as required by law.
20        (37) Willfully failing to report an instance of
21    suspected abuse, neglect, financial exploitation, or
22    self-neglect of an eligible adult as defined in and
23    required by the Adult Protective Services Act.
24        (38) Being named as an abuser in a verified report by
25    the Department on Aging and under the Adult Protective
26    Services Act, and upon proof by clear and convincing

 

 

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1    evidence that the licensee abused, neglected, or
2    financially exploited an eligible adult as defined in the
3    Adult Protective Services Act.
4        (39) A violation of any provision of this Act or any
5    rules adopted under this Act.
6        (40) Violating the Compassionate Use of Medical
7    Cannabis Program Act.
8    (b-1) The Department shall not revoke, suspend, summarily
9suspend, place on prohibition, reprimand, refuse to issue or
10renew, or take any other disciplinary or non-disciplinary
11action against the license or permit issued under this Act to
12practice as a registered nurse or an advanced practice
13registered nurse based solely upon the registered nurse or
14advanced practice registered nurse providing, authorizing,
15recommending, aiding, assisting, referring for, or otherwise
16participating in any health care service, so long as the care
17was otherwise performed in accordance with the laws of this
18State, regardless of whether the patient was a resident of
19this State or another state.
20    (b-2) The Department shall not revoke, suspend, summarily
21suspend, place on prohibition, reprimand, refuse to issue or
22renew, or take any other disciplinary or non-disciplinary
23action against the license or permit issued under this Act to
24practice as a registered nurse or an advanced practice
25registered nurse based upon the registered nurse's or advanced
26practice registered nurse's license being revoked or

 

 

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1suspended, or the registered nurse or advanced practice
2registered nurse being otherwise disciplined by any other
3state, if that revocation, suspension, or other form of
4discipline was based solely on the registered nurse or
5advanced practice registered nurse violating another state's
6laws prohibiting the provision of, authorization of,
7recommendation of, aiding or assisting in, referring for, or
8participation in any health care service if that health care
9service as provided would have been lawful and consistent with
10the standards of conduct for the registered nurse or advanced
11practice registered nurse if it occurred in Illinois.
12    (b-3) The conduct specified in subsection (b-1) or (b-2)
13shall not trigger reporting requirements under Section 65-65
14or constitute grounds for suspension under Section 70-60.
15    (b-4) An applicant seeking licensure, certification, or
16authorization pursuant to this Act who has been subject to
17disciplinary action by a duly authorized professional
18disciplinary agency of another jurisdiction solely on the
19basis of having provided, authorized, recommended, aided,
20assisted, referred for, or otherwise participated in health
21care shall not be denied such licensure, certification, or
22authorization, unless the Department determines that such
23action would have constituted professional misconduct in this
24State; provided however, that nothing in this Section shall be
25construed as prohibiting the Department from evaluating the
26conduct of such applicant and making a determination regarding

 

 

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1the licensure, certification, or authorization to practice a
2profession under this Act.
3    (c) The determination by a circuit court that a licensee
4is subject to involuntary admission or judicial admission as
5provided in the Mental Health and Developmental Disabilities
6Code, as amended, operates as an automatic suspension. The
7suspension will end only upon a finding by a court that the
8patient is no longer subject to involuntary admission or
9judicial admission and issues an order so finding and
10discharging the patient; and upon the recommendation of the
11Board to the Secretary that the licensee be allowed to resume
12his or her practice.
13    (d) The Department may refuse to issue or may suspend or
14otherwise discipline the license of any person who fails to
15file a return, or to pay the tax, penalty or interest shown in
16a filed return, or to pay any final assessment of the tax,
17penalty, or interest as required by any tax Act administered
18by the Department of Revenue, until such time as the
19requirements of any such tax Act are satisfied.
20    (e) In enforcing this Act, the Department, upon a showing
21of a possible violation, may compel an individual licensed to
22practice under this Act or who has applied for licensure under
23this Act, to submit to a mental or physical examination, or
24both, as required by and at the expense of the Department. The
25Department may order the examining physician to present
26testimony concerning the mental or physical examination of the

 

 

10200SB1534ham004- 89 -LRB102 10353 LNS 42481 a

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

 

 

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

 

 

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1    Section 9-15. The Physician Assistant Practice Act of 1987
2is amended by changing Section 21 as follows:
 
3    (225 ILCS 95/21)  (from Ch. 111, par. 4621)
4    (Section scheduled to be repealed on January 1, 2028)
5    Sec. 21. Grounds for disciplinary action.
6    (a) The Department may refuse to issue or to renew, or may
7revoke, suspend, place on probation, reprimand, or take other
8disciplinary or non-disciplinary action with regard to any
9license issued under this Act as the Department may deem
10proper, including the issuance of fines not to exceed $10,000
11for each violation, for any one or combination of the
12following causes:
13        (1) Material misstatement in furnishing information to
14    the Department.
15        (2) Violations of this Act, or the rules adopted under
16    this Act.
17        (3) Conviction by plea of guilty or nolo contendere,
18    finding of guilt, jury verdict, or entry of judgment or
19    sentencing, including, but not limited to, convictions,
20    preceding sentences of supervision, conditional discharge,
21    or first offender probation, under the laws of any
22    jurisdiction of the United States that is: (i) a felony;
23    or (ii) a misdemeanor, an essential element of which is
24    dishonesty, or that is directly related to the practice of

 

 

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1    the profession.
2        (4) Making any misrepresentation for the purpose of
3    obtaining licenses.
4        (5) Professional incompetence.
5        (6) Aiding or assisting another person in violating
6    any provision of this Act or its rules.
7        (7) Failing, within 60 days, to provide information in
8    response to a written request made by the Department.
9        (8) Engaging in dishonorable, unethical, or
10    unprofessional conduct, as defined by rule, of a character
11    likely to deceive, defraud, or harm the public.
12        (9) Habitual or excessive use or addiction to alcohol,
13    narcotics, stimulants, or any other chemical agent or drug
14    that results in a physician assistant's inability to
15    practice with reasonable judgment, skill, or safety.
16        (10) Discipline by another U.S. jurisdiction or
17    foreign nation, if at least one of the grounds for
18    discipline is the same or substantially equivalent to
19    those set forth in this Section.
20        (11) Directly or indirectly giving to or receiving
21    from any person, firm, corporation, partnership, or
22    association any fee, commission, rebate or other form of
23    compensation for any professional services not actually or
24    personally rendered. Nothing in this paragraph (11)
25    affects any bona fide independent contractor or employment
26    arrangements, which may include provisions for

 

 

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1    compensation, health insurance, pension, or other
2    employment benefits, with persons or entities authorized
3    under this Act for the provision of services within the
4    scope of the licensee's practice under this Act.
5        (12) A finding by the Disciplinary Board that the
6    licensee, after having his or her license placed on
7    probationary status, has violated the terms of probation.
8        (13) Abandonment of a patient.
9        (14) Willfully making or filing false records or
10    reports in his or her practice, including but not limited
11    to false records filed with State state agencies or
12    departments.
13        (15) Willfully failing to report an instance of
14    suspected child abuse or neglect as required by the Abused
15    and Neglected Child Reporting Act.
16        (16) Physical illness, or mental illness or impairment
17    that results in the inability to practice the profession
18    with reasonable judgment, skill, or safety, including, but
19    not limited to, deterioration through the aging process or
20    loss of motor skill.
21        (17) Being named as a perpetrator in an indicated
22    report by the Department of Children and Family Services
23    under the Abused and Neglected Child Reporting Act, and
24    upon proof by clear and convincing evidence that the
25    licensee has caused a child to be an abused child or
26    neglected child as defined in the Abused and Neglected

 

 

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

 

 

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

 

 

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

 

 

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1or renew or may suspend the license of any person who fails to
2file a return, or to pay the tax, penalty or interest shown in
3a filed return, or to pay any final assessment of the tax,
4penalty, or interest as required by any tax Act administered
5by the Illinois Department of Revenue, until such time as the
6requirements of any such tax Act are satisfied.
7    (b-1) The Department shall not revoke, suspend, summarily
8suspend, place on prohibition, reprimand, refuse to issue or
9renew, or take any other disciplinary or non-disciplinary
10action against the license or permit issued under this Act to
11practice as a physician assistant based solely upon the
12physician assistant providing, authorizing, recommending,
13aiding, assisting, referring for, or otherwise participating
14in any health care service, so long as the care was otherwise
15performed in accordance with the laws of this State,
16regardless of whether the patient was a resident of this State
17or another state.
18    (b-2) The Department shall not revoke, suspend, summarily
19suspend, place on prohibition, reprimand, refuse to issue or
20renew, or take any other disciplinary or non-disciplinary
21action against the license or permit issued under this Act to
22practice as a physician assistant based upon the physician
23assistant's license being revoked or suspended, or the
24physician assistant being otherwise disciplined by any other
25state, if that revocation, suspension, or other form of
26discipline was based solely on the physician assistant

 

 

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1violating another state's laws prohibiting the provision of,
2authorization of, recommendation of, aiding or assisting in,
3referring for, or participation in any health care service if
4that health care service as provided would have been lawful
5and consistent with the standards of conduct for the physician
6assistant if it occurred in Illinois.
7    (b-3) The conduct specified in subsection (b-1) or (b-2)
8shall not constitute grounds for suspension under Section
922.13.
10    (b-4) An applicant seeking licensure, certification, or
11authorization pursuant to this Act who has been subject to
12disciplinary action by a duly authorized professional
13disciplinary agency of another jurisdiction solely on the
14basis of having provided, authorized, recommended, aided,
15assisted, referred for, or otherwise participated in health
16care shall not be denied such licensure, certification, or
17authorization, unless the Department determines that such
18action would have constituted professional misconduct in this
19State; provided however, that nothing in this Section shall be
20construed as prohibiting the Department from evaluating the
21conduct of such applicant and making a determination regarding
22the licensure, certification, or authorization to practice a
23profession under this Act.
24    (c) The determination by a circuit court that a licensee
25is subject to involuntary admission or judicial admission as
26provided in the Mental Health and Developmental Disabilities

 

 

10200SB1534ham004- 99 -LRB102 10353 LNS 42481 a

1Code operates as an automatic suspension. The suspension will
2end only upon a finding by a court that the patient is no
3longer subject to involuntary admission or judicial admission
4and issues an order so finding and discharging the patient,
5and upon the recommendation of the Disciplinary Board to the
6Secretary that the licensee be allowed to resume his or her
7practice.
8    (d) In enforcing this Section, the Department upon a
9showing of a possible violation may compel an individual
10licensed to practice under this Act, or who has applied for
11licensure under this Act, to submit to a mental or physical
12examination, or both, which may include a substance abuse or
13sexual offender evaluation, as required by and at the expense
14of the Department.
15    The Department shall specifically designate the examining
16physician licensed to practice medicine in all of its branches
17or, if applicable, the multidisciplinary team involved in
18providing the mental or physical examination or both. The
19multidisciplinary team shall be led by a physician licensed to
20practice medicine in all of its branches and may consist of one
21or more or a combination of physicians licensed to practice
22medicine in all of its branches, licensed clinical
23psychologists, licensed clinical social workers, licensed
24clinical professional counselors, and other professional and
25administrative staff. Any examining physician or member of the
26multidisciplinary team may require any person ordered to

 

 

10200SB1534ham004- 100 -LRB102 10353 LNS 42481 a

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

 

 

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1all aspects of this examination. However, that physician shall
2be present only to observe and may not interfere in any way
3with the examination.
4     Failure of an individual to submit to a mental or physical
5examination, when ordered, shall result in an automatic
6suspension of his or her license until the individual submits
7to the examination.
8    If the Department finds an individual unable to practice
9because of the reasons set forth in this Section, the
10Department may require that individual to submit to care,
11counseling, or treatment by physicians approved or designated
12by the Department, as a condition, term, or restriction for
13continued, reinstated, or renewed licensure to practice; or,
14in lieu of care, counseling, or treatment, the Department may
15file a complaint to immediately suspend, revoke, or otherwise
16discipline the license of the individual. An individual whose
17license was granted, continued, reinstated, renewed,
18disciplined, or supervised subject to such terms, conditions,
19or restrictions, and who fails to comply with such terms,
20conditions, or restrictions, shall be referred to the
21Secretary for a determination as to whether the individual
22shall have his or her license suspended immediately, pending a
23hearing by the Department.
24    In instances in which the Secretary immediately suspends a
25person's license under this Section, a hearing on that
26person's license must be convened by the Department within 30

 

 

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1days after the suspension and completed without appreciable
2delay. The Department shall have the authority to review the
3subject individual's record of treatment and counseling
4regarding the impairment to the extent permitted by applicable
5federal statutes and regulations safeguarding the
6confidentiality of medical records.
7    An individual licensed under this Act and affected under
8this Section shall be afforded an opportunity to demonstrate
9to the Department that he or she can resume practice in
10compliance with acceptable and prevailing standards under the
11provisions of his or her license.
12    (e) An individual or organization acting in good faith,
13and not in a willful and wanton manner, in complying with this
14Section by providing a report or other information to the
15Board, by assisting in the investigation or preparation of a
16report or information, by participating in proceedings of the
17Board, or by serving as a member of the Board, shall not be
18subject to criminal prosecution or civil damages as a result
19of such actions.
20    (f) Members of the Board and the Disciplinary Board shall
21be indemnified by the State for any actions occurring within
22the scope of services on the Disciplinary Board or Board, done
23in good faith and not willful and wanton in nature. The
24Attorney General shall defend all such actions unless he or
25she determines either that there would be a conflict of
26interest in such representation or that the actions complained

 

 

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1of were not in good faith or were willful and wanton.
2    If the Attorney General declines representation, the
3member has the right to employ counsel of his or her choice,
4whose fees shall be provided by the State, after approval by
5the Attorney General, unless there is a determination by a
6court that the member's actions were not in good faith or were
7willful and wanton.
8    The member must notify the Attorney General within 7 days
9after receipt of notice of the initiation of any action
10involving services of the Disciplinary Board. Failure to so
11notify the Attorney General constitutes an absolute waiver of
12the right to a defense and indemnification.
13    The Attorney General shall determine, within 7 days after
14receiving such notice, whether he or she will undertake to
15represent the member.
16    (g) The Department may adopt rules to implement the
17changes made by this amendatory Act of the 102nd General
18Assembly.
19(Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21.)
 
20    Section 9-20. The Clinical Social Work and Social Work
21Practice Act is amended by changing Section 19 as follows:
 
22    (225 ILCS 20/19)  (from Ch. 111, par. 6369)
23    (Section scheduled to be repealed on January 1, 2028)
24    Sec. 19. Grounds for disciplinary action.

 

 

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1    (1) The Department may refuse to issue or renew a license,
2or may suspend, revoke, place on probation, reprimand, or take
3any other disciplinary or non-disciplinary action deemed
4appropriate by the Department, including the imposition of
5fines not to exceed $10,000 for each violation, with regard to
6any license issued under the provisions of this Act for any one
7or a combination of the following grounds:
8        (a) material misstatements in furnishing information
9    to the Department or to any other State agency or in
10    furnishing information to any insurance company with
11    respect to a claim on behalf of a licensee or a patient;
12        (b) violations or negligent or intentional disregard
13    of this Act, or any of the rules promulgated hereunder;
14        (c) conviction of or entry of a plea of guilty or nolo
15    contendere, finding of guilt, jury verdict, or entry of
16    judgment or sentencing, including, but not limited to,
17    convictions, preceding sentences of supervision,
18    conditional discharge, or first offender probation, under
19    the laws of any jurisdiction of the United States that is
20    (i) a felony or (ii) a misdemeanor, an essential element
21    of which is dishonesty, or that is directly related to the
22    practice of the clinical social work or social work
23    professions;
24        (d) fraud or misrepresentation in applying for or
25    procuring a license under this Act or in connection with
26    applying for renewal or restoration of a license under

 

 

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1    this Act;
2        (e) professional incompetence;
3        (f) gross negligence in practice under this Act;
4        (g) aiding or assisting another person in violating
5    any provision of this Act or its rules;
6        (h) failing to provide information within 60 days in
7    response to a written request made by the Department;
8        (i) engaging in dishonorable, unethical or
9    unprofessional conduct of a character likely to deceive,
10    defraud or harm the public as defined by the rules of the
11    Department, or violating the rules of professional conduct
12    adopted by the Department;
13        (j) habitual or excessive use or abuse of drugs
14    defined in law as controlled substances, of alcohol, or of
15    any other substances that results in the inability to
16    practice with reasonable judgment, skill, or safety;
17        (k) adverse action taken by another state or
18    jurisdiction, if at least one of the grounds for the
19    discipline is the same or substantially equivalent to
20    those set forth in this Section;
21        (l) directly or indirectly giving to or receiving from
22    any person, firm, corporation, partnership, or association
23    any fee, commission, rebate or other form of compensation
24    for any professional service not actually rendered.
25    Nothing in this paragraph (l) affects any bona fide
26    independent contractor or employment arrangements among

 

 

10200SB1534ham004- 106 -LRB102 10353 LNS 42481 a

1    health care professionals, health facilities, health care
2    providers, or other entities, except as otherwise
3    prohibited by law. Any employment arrangements may include
4    provisions for compensation, health insurance, pension, or
5    other employment benefits for the provision of services
6    within the scope of the licensee's practice under this
7    Act. Nothing in this paragraph (l) shall be construed to
8    require an employment arrangement to receive professional
9    fees for services rendered;
10        (m) a finding by the Department that the licensee,
11    after having the license placed on probationary status,
12    has violated the terms of probation or failed to comply
13    with such terms;
14        (n) abandonment, without cause, of a client;
15        (o) willfully making or filing false records or
16    reports relating to a licensee's practice, including, but
17    not limited to, false records filed with Federal or State
18    agencies or departments;
19        (p) willfully failing to report an instance of
20    suspected child abuse or neglect as required by the Abused
21    and Neglected Child Reporting Act;
22        (q) being named as a perpetrator in an indicated
23    report by the Department of Children and Family Services
24    under the Abused and Neglected Child Reporting Act, and
25    upon proof by clear and convincing evidence that the
26    licensee has caused a child to be an abused child or

 

 

10200SB1534ham004- 107 -LRB102 10353 LNS 42481 a

1    neglected child as defined in the Abused and Neglected
2    Child Reporting Act;
3        (r) physical illness, mental illness, or any other
4    impairment or disability, including, but not limited to,
5    deterioration through the aging process, or loss of motor
6    skills that results in the inability to practice the
7    profession with reasonable judgment, skill or safety;
8        (s) solicitation of professional services by using
9    false or misleading advertising;
10        (t) violation of the Health Care Worker Self-Referral
11    Act;
12        (u) willfully failing to report an instance of
13    suspected abuse, neglect, financial exploitation, or
14    self-neglect of an eligible adult as defined in and
15    required by the Adult Protective Services Act; or
16        (v) being named as an abuser in a verified report by
17    the Department on Aging under the Adult Protective
18    Services Act, and upon proof by clear and convincing
19    evidence that the licensee abused, neglected, or
20    financially exploited an eligible adult as defined in the
21    Adult Protective Services Act.
22    (2) (Blank).
23    (2.1) The Department shall not revoke, suspend, summarily
24suspend, place on prohibition, reprimand, refuse to issue or
25renew, or take any other disciplinary or non-disciplinary
26action against a license or permit issued under this Act based

 

 

10200SB1534ham004- 108 -LRB102 10353 LNS 42481 a

1solely upon the licensed clinical social worker authorizing,
2recommending, aiding, assisting, referring for, or otherwise
3participating in any health care service, so long as the care
4was otherwise performed in accordance with the laws of this
5State, regardless of whether the patient was a resident of
6this State or another state.
7    (2.2) The Department shall not revoke, suspend, summarily
8suspend, place on prohibition, reprimand, refuse to issue or
9renew, or take any other disciplinary or non-disciplinary
10action against the license or permit issued under this Act to
11practice as a licensed clinical social worker based upon the
12licensed clinical social worker's license being revoked or
13suspended, or the licensed clinical social worker being
14otherwise disciplined by any other state, if that revocation,
15suspension, or other form of discipline was based solely on
16the licensed clinical social worker violating another state's
17laws prohibiting the provision of, authorization of,
18recommendation of, aiding or assisting in, referring for, or
19participation in any health care service if that health care
20service as provided would have been lawful and consistent with
21the standards of conduct for the licensed clinical social
22worker if it occurred in Illinois.
23    (2.3) The conduct specified in subsection (2.1) or (2.2)
24shall not constitute grounds for suspension under Section 32.
25    (2.4) An applicant seeking licensure, certification, or
26authorization pursuant to this Act who has been subject to

 

 

10200SB1534ham004- 109 -LRB102 10353 LNS 42481 a

1disciplinary action by a duly authorized professional
2disciplinary agency of another jurisdiction solely on the
3basis of having authorized, recommended, aided, assisted,
4referred for, or otherwise participated in health care shall
5not be denied such licensure, certification, or authorization,
6unless the Department determines that such action would have
7constituted professional misconduct in this State; provided
8however, that nothing in this Section shall be construed as
9prohibiting the Department from evaluating the conduct of such
10applicant and making a determination regarding the licensure,
11certification, or authorization to practice a profession under
12this Act.
13    (3) The determination by a court that a licensee is
14subject to involuntary admission or judicial admission as
15provided in the Mental Health and Developmental Disabilities
16Code, will result in an automatic suspension of his license.
17Such suspension will end upon a finding by a court that the
18licensee is no longer subject to involuntary admission or
19judicial admission and issues an order so finding and
20discharging the patient, and upon the recommendation of the
21Board to the Secretary that the licensee be allowed to resume
22professional practice.
23    (4) The Department shall refuse to issue or renew or may
24suspend the license of a person who (i) fails to file a return,
25pay the tax, penalty, or interest shown in a filed return, or
26pay any final assessment of tax, penalty, or interest, as

 

 

10200SB1534ham004- 110 -LRB102 10353 LNS 42481 a

1required by any tax Act administered by the Department of
2Revenue, until the requirements of the tax Act are satisfied
3or (ii) has failed to pay any court-ordered child support as
4determined by a court order or by referral from the Department
5of Healthcare and Family Services.
6    (5)(a) In enforcing this Section, the Department or Board,
7upon a showing of a possible violation, may compel a person
8licensed to practice under this Act, or who has applied for
9licensure under this Act, to submit to a mental or physical
10examination, or both, which may include a substance abuse or
11sexual offender evaluation, as required by and at the expense
12of the Department.
13    (b) The Department shall specifically designate the
14examining physician licensed to practice medicine in all of
15its branches or, if applicable, the multidisciplinary team
16involved in providing the mental or physical examination or
17both. The multidisciplinary team shall be led by a physician
18licensed to practice medicine in all of its branches and may
19consist of one or more or a combination of physicians licensed
20to practice medicine in all of its branches, licensed clinical
21psychologists, licensed clinical social workers, licensed
22clinical professional counselors, and other professional and
23administrative staff. Any examining physician or member of the
24multidisciplinary team may require any person ordered to
25submit to an examination pursuant to this Section to submit to
26any additional supplemental testing deemed necessary to

 

 

10200SB1534ham004- 111 -LRB102 10353 LNS 42481 a

1complete any examination or evaluation process, including, but
2not limited to, blood testing, urinalysis, psychological
3testing, or neuropsychological testing.
4    (c) The Board or the Department may order the examining
5physician or any member of the multidisciplinary team to
6present testimony concerning this mental or physical
7examination of the licensee or applicant. No information,
8report, record, or other documents in any way related to the
9examination shall be excluded by reason of any common law or
10statutory privilege relating to communications between the
11licensee or applicant and the examining physician or any
12member of the multidisciplinary team. No authorization is
13necessary from the licensee or applicant ordered to undergo an
14examination for the examining physician or any member of the
15multidisciplinary team to provide information, reports,
16records, or other documents or to provide any testimony
17regarding the examination and evaluation.
18    (d) The person to be examined may have, at his or her own
19expense, another physician of his or her choice present during
20all aspects of the examination. However, that physician shall
21be present only to observe and may not interfere in any way
22with the examination.
23    (e) Failure of any person to submit to a mental or physical
24examination without reasonable cause, when ordered, shall
25result in an automatic suspension of his or her license until
26the person submits to the examination.

 

 

10200SB1534ham004- 112 -LRB102 10353 LNS 42481 a

1    (f) If the Department or Board finds a person unable to
2practice because of the reasons set forth in this Section, the
3Department or Board may require that person to submit to care,
4counseling, or treatment by physicians approved or designated
5by the Department or Board, as a condition, term, or
6restriction for continued, reinstated, or renewed licensure to
7practice; or, in lieu of care, counseling or treatment, the
8Department may file, or the Board may recommend to the
9Department to file, a complaint to immediately suspend,
10revoke, or otherwise discipline the license of the person. Any
11person whose license was granted, continued, reinstated,
12renewed, disciplined or supervised subject to such terms,
13conditions or restrictions, and who fails to comply with such
14terms, conditions, or restrictions, shall be referred to the
15Secretary for a determination as to whether the person shall
16have his or her license suspended immediately, pending a
17hearing by the Department.
18    (g) All fines imposed shall be paid within 60 days after
19the effective date of the order imposing the fine or in
20accordance with the terms set forth in the order imposing the
21fine.
22    In instances in which the Secretary immediately suspends a
23person's license under this Section, a hearing on that
24person's license must be convened by the Department within 30
25days after the suspension and completed without appreciable
26delay. The Department and Board shall have the authority to

 

 

10200SB1534ham004- 113 -LRB102 10353 LNS 42481 a

1review the subject person's record of treatment and counseling
2regarding the impairment, to the extent permitted by
3applicable federal statutes and regulations safeguarding the
4confidentiality of medical records.
5    A person licensed under this Act and affected under this
6Section shall be afforded an opportunity to demonstrate to the
7Department or Board that he or she can resume practice in
8compliance with acceptable and prevailing standards under the
9provisions of his or her license.
10    (6) The Department may adopt rules to implement the
11changes made by this amendatory Act of the 102nd General
12Assembly.
13(Source: P.A. 100-414, eff. 8-25-17.)
 
14    Section 9-25. The Pharmacy Practice Act is amended by
15changing Sections 30 and 30.1 as follows:
 
16    (225 ILCS 85/30)  (from Ch. 111, par. 4150)
17    (Section scheduled to be repealed on January 1, 2028)
18    Sec. 30. Refusal, revocation, suspension, or other
19discipline.
20    (a) The Department may refuse to issue or renew, or may
21revoke a license, or may suspend, place on probation, fine, or
22take any disciplinary or non-disciplinary action as the
23Department may deem proper, including fines not to exceed
24$10,000 for each violation, with regard to any licensee for

 

 

10200SB1534ham004- 114 -LRB102 10353 LNS 42481 a

1any one or combination of the following causes:
2        1. Material misstatement in furnishing information to
3    the Department.
4        2. Violations of this Act, or the rules promulgated
5    hereunder.
6        3. Making any misrepresentation for the purpose of
7    obtaining licenses.
8        4. A pattern of conduct which demonstrates
9    incompetence or unfitness to practice.
10        5. Aiding or assisting another person in violating any
11    provision of this Act or rules.
12        6. Failing, within 60 days, to respond to a written
13    request made by the Department for information.
14        7. Engaging in unprofessional, dishonorable, or
15    unethical conduct of a character likely to deceive,
16    defraud or harm the public as defined by rule.
17        8. Adverse action taken by another state or
18    jurisdiction against a license or other authorization to
19    practice as a pharmacy, pharmacist, registered certified
20    pharmacy technician, or registered pharmacy technician
21    that is the same or substantially equivalent to those set
22    forth in this Section, a certified copy of the record of
23    the action taken by the other state or jurisdiction being
24    prima facie evidence thereof.
25        9. Directly or indirectly giving to or receiving from
26    any person, firm, corporation, partnership, or association

 

 

10200SB1534ham004- 115 -LRB102 10353 LNS 42481 a

1    any fee, commission, rebate or other form of compensation
2    for any professional services not actually or personally
3    rendered. Nothing in this item 9 affects any bona fide
4    independent contractor or employment arrangements among
5    health care professionals, health facilities, health care
6    providers, or other entities, except as otherwise
7    prohibited by law. Any employment arrangements may include
8    provisions for compensation, health insurance, pension, or
9    other employment benefits for the provision of services
10    within the scope of the licensee's practice under this
11    Act. Nothing in this item 9 shall be construed to require
12    an employment arrangement to receive professional fees for
13    services rendered.
14        10. A finding by the Department that the licensee,
15    after having his license placed on probationary status,
16    has violated the terms of probation.
17        11. Selling or engaging in the sale of drug samples
18    provided at no cost by drug manufacturers.
19        12. Physical illness, including, but not limited to,
20    deterioration through the aging process, or loss of motor
21    skill which results in the inability to practice the
22    profession with reasonable judgment, skill or safety.
23        13. A finding that licensure or registration has been
24    applied for or obtained by fraudulent means.
25        14. Conviction by plea of guilty or nolo contendere,
26    finding of guilt, jury verdict, or entry of judgment or

 

 

10200SB1534ham004- 116 -LRB102 10353 LNS 42481 a

1    sentencing, including, but not limited to, convictions,
2    preceding sentences of supervision, conditional discharge,
3    or first offender probation, under the laws of any
4    jurisdiction of the United States that is (i) a felony or
5    (ii) a misdemeanor, an essential element of which is
6    dishonesty, or that is directly related to the practice of
7    pharmacy, or involves controlled substances.
8        15. Habitual or excessive use or addiction to alcohol,
9    narcotics, stimulants or any other chemical agent or drug
10    which results in the inability to practice with reasonable
11    judgment, skill or safety.
12        16. Willfully making or filing false records or
13    reports in the practice of pharmacy, including, but not
14    limited to, false records to support claims against the
15    medical assistance program of the Department of Healthcare
16    and Family Services (formerly Department of Public Aid)
17    under the Public Aid Code.
18        17. Gross and willful overcharging for professional
19    services including filing false statements for collection
20    of fees for which services are not rendered, including,
21    but not limited to, filing false statements for collection
22    of monies for services not rendered from the medical
23    assistance program of the Department of Healthcare and
24    Family Services (formerly Department of Public Aid) under
25    the Public Aid Code.
26        18. Dispensing prescription drugs without receiving a

 

 

10200SB1534ham004- 117 -LRB102 10353 LNS 42481 a

1    written or oral prescription in violation of law.
2        19. Upon a finding of a substantial discrepancy in a
3    Department audit of a prescription drug, including
4    controlled substances, as that term is defined in this Act
5    or in the Illinois Controlled Substances Act.
6        20. Physical or mental illness or any other impairment
7    or disability, including, without limitation: (A)
8    deterioration through the aging process or loss of motor
9    skills that results in the inability to practice with
10    reasonable judgment, skill or safety; or (B) mental
11    incompetence, as declared by a court of competent
12    jurisdiction.
13        21. Violation of the Health Care Worker Self-Referral
14    Act.
15        22. Failing to sell or dispense any drug, medicine, or
16    poison in good faith. "Good faith", for the purposes of
17    this Section, has the meaning ascribed to it in subsection
18    (u) of Section 102 of the Illinois Controlled Substances
19    Act. "Good faith", as used in this item (22), shall not be
20    limited to the sale or dispensing of controlled
21    substances, but shall apply to all prescription drugs.
22        23. Interfering with the professional judgment of a
23    pharmacist by any licensee under this Act, or the
24    licensee's agents or employees.
25        24. Failing to report within 60 days to the Department
26    any adverse final action taken against a pharmacy,

 

 

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1    pharmacist, registered pharmacy technician, or registered
2    certified pharmacy technician by another licensing
3    jurisdiction in any other state or any territory of the
4    United States or any foreign jurisdiction, any
5    governmental agency, any law enforcement agency, or any
6    court for acts or conduct similar to acts or conduct that
7    would constitute grounds for discipline as defined in this
8    Section.
9        25. Failing to comply with a subpoena issued in
10    accordance with Section 35.5 of this Act.
11        26. Disclosing protected health information in
12    violation of any State or federal law.
13        27. Willfully failing to report an instance of
14    suspected abuse, neglect, financial exploitation, or
15    self-neglect of an eligible adult as defined in and
16    required by the Adult Protective Services Act.
17        28. Being named as an abuser in a verified report by
18    the Department on Aging under the Adult Protective
19    Services Act, and upon proof by clear and convincing
20    evidence that the licensee abused, neglected, or
21    financially exploited an eligible adult as defined in the
22    Adult Protective Services Act.
23        29. Using advertisements or making solicitations that
24    may jeopardize the health, safety, or welfare of patients,
25    including, but not be limited to, the use of
26    advertisements or solicitations that:

 

 

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1            (A) are false, fraudulent, deceptive, or
2        misleading; or
3            (B) include any claim regarding a professional
4        service or product or the cost or price thereof that
5        cannot be substantiated by the licensee.
6        30. Requiring a pharmacist to participate in the use
7    or distribution of advertisements or in making
8    solicitations that may jeopardize the health, safety, or
9    welfare of patients.
10        31. Failing to provide a working environment for all
11    pharmacy personnel that protects the health, safety, and
12    welfare of a patient, which includes, but is not limited
13    to, failing to:
14            (A) employ sufficient personnel to prevent
15        fatigue, distraction, or other conditions that
16        interfere with a pharmacist's ability to practice with
17        competency and safety or creates an environment that
18        jeopardizes patient care;
19            (B) provide appropriate opportunities for
20        uninterrupted rest periods and meal breaks;
21            (C) provide adequate time for a pharmacist to
22        complete professional duties and responsibilities,
23        including, but not limited to:
24                (i) drug utilization review;
25                (ii) immunization;
26                (iii) counseling;

 

 

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1                (iv) verification of the accuracy of a
2            prescription; and
3                (v) all other duties and responsibilities of a
4            pharmacist as listed in the rules of the
5            Department.
6        32. Introducing or enforcing external factors, such as
7    productivity or production quotas or other programs
8    against pharmacists, student pharmacists or pharmacy
9    technicians, to the extent that they interfere with the
10    ability of those individuals to provide appropriate
11    professional services to the public.
12        33. Providing an incentive for or inducing the
13    transfer of a prescription for a patient absent a
14    professional rationale.
15    (b) The Department may refuse to issue or may suspend the
16license of any person who fails to file a return, or to pay the
17tax, penalty or interest shown in a filed return, or to pay any
18final assessment of tax, penalty or interest, as required by
19any tax Act administered by the Illinois Department of
20Revenue, until such time as the requirements of any such tax
21Act are satisfied.
22    (c) The Department shall revoke any license issued under
23the provisions of this Act or any prior Act of this State of
24any person who has been convicted a second time of committing
25any felony under the Illinois Controlled Substances Act, or
26who has been convicted a second time of committing a Class 1

 

 

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1felony under Sections 8A-3 and 8A-6 of the Illinois Public Aid
2Code. A person whose license issued under the provisions of
3this Act or any prior Act of this State is revoked under this
4subsection (c) shall be prohibited from engaging in the
5practice of pharmacy in this State.
6    (c-1) The Department shall not revoke, suspend, summarily
7suspend, place on prohibition, reprimand, refuse to issue or
8renew, or take any other disciplinary or non-disciplinary
9action against the license or permit issued under this Act to
10practice as a pharmacist, registered pharmacy technician, or
11registered certified pharmacy technician based solely upon the
12pharmacist, registered pharmacy technician, or registered
13certified pharmacy technician providing, authorizing,
14recommending, aiding, assisting, referring for, or otherwise
15participating in any health care service, so long as the care
16was otherwise performed in accordance with the laws of this
17State, regardless of whether the patient was a resident of
18this State or another state.
19    (c-2) The Department shall not revoke, suspend, summarily
20suspend, place on prohibition, reprimand, refuse to issue or
21renew, or take any other disciplinary or non-disciplinary
22action against the license or permit issued under this Act to
23practice as a pharmacist, registered pharmacy technician, or
24registered certified pharmacy technician based upon the
25pharmacist's, registered pharmacy technician's, or registered
26certified pharmacy technician's license being revoked or

 

 

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1suspended, or the pharmacist being otherwise disciplined by
2any other state, if that revocation, suspension, or other form
3of discipline was based solely on the pharmacist, registered
4pharmacy technician, or registered certified pharmacy
5technician violating another state's laws prohibiting the
6provision of, authorization of, recommendation of, aiding or
7assisting in, referring for, or participation in any health
8care service if that health care service as provided would
9have been lawful and consistent with the standards of conduct
10for the pharmacist, registered pharmacy technician, or
11registered certified pharmacy technician if it occurred in
12Illinois.
13    (c-3) The conduct specified in subsection (c-1) or (c-2)
14shall not constitute grounds for suspension under Section
1535.16.
16    (c-4) An applicant seeking licensure, certification, or
17authorization pursuant to this Act who has been subject to
18disciplinary action by a duly authorized professional
19disciplinary agency of another jurisdiction solely on the
20basis of having provided, authorized, recommended, aided,
21assisted, referred for, or otherwise participated in health
22care shall not be denied such licensure, certification, or
23authorization, unless the Department determines that such
24action would have constituted professional misconduct in this
25State; provided however, that nothing in this Section shall be
26construed as prohibiting the Department from evaluating the

 

 

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1conduct of such applicant and making a determination regarding
2the licensure, certification, or authorization to practice a
3profession under this Act.
4    (d) Fines may be imposed in conjunction with other forms
5of disciplinary action, but shall not be the exclusive
6disposition of any disciplinary action arising out of conduct
7resulting in death or injury to a patient. Fines shall be paid
8within 60 days or as otherwise agreed to by the Department. Any
9funds collected from such fines shall be deposited in the
10Illinois State Pharmacy Disciplinary Fund.
11    (e) The entry of an order or judgment by any circuit court
12establishing that any person holding a license or certificate
13under this Act is a person in need of mental treatment operates
14as a suspension of that license. A licensee may resume his or
15her practice only upon the entry of an order of the Department
16based upon a finding by the Board that he or she has been
17determined to be recovered from mental illness by the court
18and upon the Board's recommendation that the licensee be
19permitted to resume his or her practice.
20    (f) The Department shall issue quarterly to the Board a
21status of all complaints related to the profession received by
22the Department.
23    (g) In enforcing this Section, the Board or the
24Department, upon a showing of a possible violation, may compel
25any licensee or applicant for licensure under this Act to
26submit to a mental or physical examination or both, as

 

 

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1required by and at the expense of the Department. The
2examining physician, or multidisciplinary team involved in
3providing physical and mental examinations led by a physician
4consisting of one or a combination of licensed physicians,
5licensed clinical psychologists, licensed clinical social
6workers, licensed clinical professional counselors, and other
7professional and administrative staff, shall be those
8specifically designated by the Department. The Board or the
9Department may order the examining physician or any member of
10the multidisciplinary team to present testimony concerning
11this mental or physical examination of the licensee or
12applicant. No information, report, or other documents in any
13way related to the examination shall be excluded by reason of
14any common law or statutory privilege relating to
15communication between the licensee or applicant and the
16examining physician or any member of the multidisciplinary
17team. The individual to be examined may have, at his or her own
18expense, another physician of his or her choice present during
19all aspects of the examination. Failure of any individual to
20submit to a mental or physical examination when directed shall
21result in the automatic suspension of his or her license until
22such time as the individual submits to the examination. If the
23Board or Department finds a pharmacist, registered certified
24pharmacy technician, or registered pharmacy technician unable
25to practice because of the reasons set forth in this Section,
26the Board or Department shall require such pharmacist,

 

 

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1registered certified pharmacy technician, or registered
2pharmacy technician to submit to care, counseling, or
3treatment by physicians or other appropriate health care
4providers approved or designated by the Department as a
5condition for continued, restored, or renewed licensure to
6practice. Any pharmacist, registered certified pharmacy
7technician, or registered pharmacy technician whose license
8was granted, continued, restored, renewed, disciplined, or
9supervised, subject to such terms, conditions, or
10restrictions, and who fails to comply with such terms,
11conditions, or restrictions or to complete a required program
12of care, counseling, or treatment, as determined by the chief
13pharmacy coordinator, shall be referred to the Secretary for a
14determination as to whether the licensee shall have his or her
15license suspended immediately, pending a hearing by the Board.
16In instances in which the Secretary immediately suspends a
17license under this subsection (g), a hearing upon such
18person's license must be convened by the Board within 15 days
19after such suspension and completed without appreciable delay.
20The Department and Board shall have the authority to review
21the subject pharmacist's, registered certified pharmacy
22technician's, or registered pharmacy technician's record of
23treatment and counseling regarding the impairment.
24    (h) An individual or organization acting in good faith,
25and not in a willful and wanton manner, in complying with this
26Section by providing a report or other information to the

 

 

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1Board, by assisting in the investigation or preparation of a
2report or information, by participating in proceedings of the
3Board, or by serving as a member of the Board shall not, as a
4result of such actions, be subject to criminal prosecution or
5civil damages. Any person who reports a violation of this
6Section to the Department is protected under subsection (b) of
7Section 15 of the Whistleblower Act.
8    (i) Members of the Board shall have no liability in any
9action based upon any disciplinary proceedings or other
10activity performed in good faith as a member of the Board. The
11Attorney General shall defend all such actions unless he or
12she determines either that there would be a conflict of
13interest in such representation or that the actions complained
14of were not in good faith or were willful and wanton.
15    If the Attorney General declines representation, the
16member shall have the right to employ counsel of his or her
17choice, whose fees shall be provided by the State, after
18approval by the Attorney General, unless there is a
19determination by a court that the member's actions were not in
20good faith or were willful and wanton.
21    The member must notify the Attorney General within 7 days
22of receipt of notice of the initiation of any action involving
23services of the Board. Failure to so notify the Attorney
24General shall constitute an absolute waiver of the right to a
25defense and indemnification.
26    The Attorney General shall determine, within 7 days after

 

 

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1receiving such notice, whether he or she will undertake to
2represent the member.
3    (j) The Department may adopt rules to implement the
4changes made by this amendatory Act of the 102nd General
5Assembly.
6(Source: P.A. 101-621, eff. 1-1-20; 102-882, eff. 1-1-23;
7revised 12-9-22.)
 
8    (225 ILCS 85/30.1)
9    (Section scheduled to be repealed on January 1, 2028)
10    Sec. 30.1. Reporting.
11    (a) When a pharmacist, registered certified pharmacy
12technician, or a registered pharmacy technician licensed by
13the Department is terminated for actions which may have
14threatened patient safety, the pharmacy or
15pharmacist-in-charge, pursuant to the policies and procedures
16of the pharmacy at which he or she is employed, shall report
17the termination to the chief pharmacy coordinator. Such
18reports shall be strictly confidential and may be reviewed and
19considered only by the members of the Board or by authorized
20Department staff. Such reports, and any records associated
21with such reports, are exempt from public disclosure and the
22Freedom of Information Act. Although the reports are exempt
23from disclosure, any formal complaint filed against a licensee
24or registrant by the Department or any order issued by the
25Department against a licensee, registrant, or applicant shall

 

 

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1be a public record, except as otherwise prohibited by law. A
2pharmacy shall not take any adverse action, including, but not
3limited to, disciplining or terminating a pharmacist,
4registered certified pharmacy technician, or registered
5pharmacy technician, as a result of an adverse action against
6the person's license or clinical privileges or other
7disciplinary action by another state or health care
8institution that resulted from the pharmacist's, registered
9certified pharmacy technician's, or registered pharmacy
10technician's provision of, authorization of, recommendation
11of, aiding or assistance with, referral for, or participation
12in any health care service, if the adverse action was based
13solely on a violation of the other state's law prohibiting the
14provision such health care and related services in the state
15or for a resident of the state.
16    (b) The report shall be submitted to the chief pharmacy
17coordinator in a timely fashion. Unless otherwise provided in
18this Section, the reports shall be filed in writing, on forms
19provided by the Department, within 60 days after a pharmacy's
20determination that a report is required under this Act. All
21reports shall contain only the following information:
22        (1) The name, address, and telephone number of the
23    person making the report.
24        (2) The name, license number, and last known address
25    and telephone number of the person who is the subject of
26    the report.

 

 

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1        (3) A brief description of the facts which gave rise
2    to the issuance of the report, including dates of
3    occurrence.
4    (c) The contents of any report and any records associated
5with such report shall be strictly confidential and may only
6be reviewed by:
7        (1) members of the Board of Pharmacy;
8        (2) the Board of Pharmacy's designated attorney;
9        (3) administrative personnel assigned to open mail
10    containing reports, to process and distribute reports to
11    authorized persons, and to communicate with senders of
12    reports;
13        (4) Department investigators and Department
14    prosecutors; or
15        (5) attorneys from the Office of the Illinois Attorney
16    General representing the Department in litigation in
17    response to specific disciplinary action the Department
18    has taken or initiated against a specific individual
19    pursuant to this Section.
20    (d) Whenever a pharmacy or pharmacist-in-charge makes a
21report and provides any records associated with that report to
22the Department, acts in good faith, and not in a willful and
23wanton manner, the person or entity making the report and the
24pharmacy or health care institution employing him or her shall
25not, as a result of such actions, be subject to criminal
26prosecution or civil damages.

 

 

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1    (e) The Department may adopt rules to implement the
2changes made by this amendatory Act of the 102nd General
3Assembly.
4(Source: P.A. 99-863, eff. 8-19-16.)
 
5    Section 9-30. The Genetic Counselor Licensing Act is
6amended by changing Section 95 as follows:
 
7    (225 ILCS 135/95)
8    (Section scheduled to be repealed on January 1, 2025)
9    Sec. 95. Grounds for discipline.
10    (a) The Department may refuse to issue, renew, or may
11revoke, suspend, place on probation, reprimand, or take other
12disciplinary or non-disciplinary action as the Department
13deems appropriate, including the issuance of fines not to
14exceed $10,000 for each violation, with regard to any license
15for any one or more of the following:
16        (1) Material misstatement in furnishing information to
17    the Department or to any other State agency.
18        (2) Violations or negligent or intentional disregard
19    of this Act, or any of its rules.
20        (3) Conviction by plea of guilty or nolo contendere,
21    finding of guilt, jury verdict, or entry of judgment or
22    sentencing, including, but not limited to, convictions,
23    preceding sentences of supervision, conditional discharge,
24    or first offender probation, under the laws of any

 

 

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1    jurisdiction of the United States: (i) that is a felony or
2    (ii) that is a misdemeanor, an essential element of which
3    is dishonesty, or that is directly related to the practice
4    of genetic counseling.
5        (4) Making any misrepresentation for the purpose of
6    obtaining a license, or violating any provision of this
7    Act or its rules.
8        (5) Negligence in the rendering of genetic counseling
9    services.
10        (6) Failure to provide genetic testing results and any
11    requested information to a referring physician licensed to
12    practice medicine in all its branches, advanced practice
13    registered nurse, or physician assistant.
14        (7) Aiding or assisting another person in violating
15    any provision of this Act or any rules.
16        (8) Failing to provide information within 60 days in
17    response to a written request made by the Department.
18        (9) Engaging in dishonorable, unethical, or
19    unprofessional conduct of a character likely to deceive,
20    defraud, or harm the public and violating the rules of
21    professional conduct adopted by the Department.
22        (10) Failing to maintain the confidentiality of any
23    information received from a client, unless otherwise
24    authorized or required by law.
25        (10.5) Failure to maintain client records of services
26    provided and provide copies to clients upon request.

 

 

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1        (11) Exploiting a client for personal advantage,
2    profit, or interest.
3        (12) Habitual or excessive use or addiction to
4    alcohol, narcotics, stimulants, or any other chemical
5    agent or drug which results in inability to practice with
6    reasonable skill, judgment, or safety.
7        (13) Discipline by another governmental agency or unit
8    of government, by any jurisdiction of the United States,
9    or by a foreign nation, if at least one of the grounds for
10    the discipline is the same or substantially equivalent to
11    those set forth in this Section.
12        (14) Directly or indirectly giving to or receiving
13    from any person, firm, corporation, partnership, or
14    association any fee, commission, rebate, or other form of
15    compensation for any professional service not actually
16    rendered. Nothing in this paragraph (14) affects any bona
17    fide independent contractor or employment arrangements
18    among health care professionals, health facilities, health
19    care providers, or other entities, except as otherwise
20    prohibited by law. Any employment arrangements may include
21    provisions for compensation, health insurance, pension, or
22    other employment benefits for the provision of services
23    within the scope of the licensee's practice under this
24    Act. Nothing in this paragraph (14) shall be construed to
25    require an employment arrangement to receive professional
26    fees for services rendered.

 

 

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1        (15) A finding by the Department that the licensee,
2    after having the license placed on probationary status,
3    has violated the terms of probation.
4        (16) Failing to refer a client to other health care
5    professionals when the licensee is unable or unwilling to
6    adequately support or serve the client.
7        (17) Willfully filing false reports relating to a
8    licensee's practice, including but not limited to false
9    records filed with federal or State agencies or
10    departments.
11        (18) Willfully failing to report an instance of
12    suspected child abuse or neglect as required by the Abused
13    and Neglected Child Reporting Act.
14        (19) Being named as a perpetrator in an indicated
15    report by the Department of Children and Family Services
16    pursuant to the Abused and Neglected Child Reporting Act,
17    and upon proof by clear and convincing evidence that the
18    licensee has caused a child to be an abused child or
19    neglected child as defined in the Abused and Neglected
20    Child Reporting Act.
21        (20) Physical or mental disability, including
22    deterioration through the aging process or loss of
23    abilities and skills which results in the inability to
24    practice the profession with reasonable judgment, skill,
25    or safety.
26        (21) Solicitation of professional services by using

 

 

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1    false or misleading advertising.
2        (22) Failure to file a return, or to pay the tax,
3    penalty of interest shown in a filed return, or to pay any
4    final assessment of tax, penalty or interest, as required
5    by any tax Act administered by the Illinois Department of
6    Revenue or any successor agency or the Internal Revenue
7    Service or any successor agency.
8        (23) Fraud or making any misrepresentation in applying
9    for or procuring a license under this Act or in connection
10    with applying for renewal of a license under this Act.
11        (24) Practicing or attempting to practice under a name
12    other than the full name as shown on the license or any
13    other legally authorized name.
14        (25) Gross overcharging for professional services,
15    including filing statements for collection of fees or
16    monies for which services are not rendered.
17        (26) (Blank).
18        (27) Charging for professional services not rendered,
19    including filing false statements for the collection of
20    fees for which services are not rendered.
21        (28) Allowing one's license under this Act to be used
22    by an unlicensed person in violation of this Act.
23    (b) (Blank).
24    (b-1) The Department shall not revoke, suspend, summarily
25suspend, place on prohibition, reprimand, refuse to issue or
26renew, or take any other disciplinary or non-disciplinary

 

 

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1action against the license or permit issued under this Act to
2practice as a genetic counselor based solely upon the genetic
3counselor authorizing, recommending, aiding, assisting,
4referring for, or otherwise participating in any health care
5service, so long as the care was otherwise performed in
6accordance with the laws of this State, regardless of whether
7the patient was a resident of this State or another state.
8    (b-2) The Department shall not revoke, suspend, summarily
9suspend, place on prohibition, reprimand, refuse to issue or
10renew, or take any other disciplinary or non-disciplinary
11action against the license or permit issued under this Act to
12practice as a genetic counselor based upon the genetic
13counselor's license being revoked or suspended, or the genetic
14counselor being otherwise disciplined by any other state, if
15that revocation, suspension, or other form of discipline was
16based solely on the genetic counselor violating another
17state's laws prohibiting the provision of, authorization of,
18recommendation of, aiding or assisting in, referring for, or
19participation in any health care service if that health care
20service as provided would have been lawful and consistent with
21the standards of conduct for the genetic counselor if it
22occurred in Illinois.
23    (b-3) The conduct specified in subsection (b-1) or (b-2)
24shall not constitute grounds for suspension under Section 160.
25    (b-4) An applicant seeking licensure, certification, or
26authorization pursuant to this Act who has been subject to

 

 

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1disciplinary action by a duly authorized professional
2disciplinary agency of another jurisdiction solely on the
3basis of having authorized, recommended, aided, assisted,
4referred for, or otherwise participated in health care shall
5not be denied such licensure, certification, or authorization,
6unless the Department determines that such action would have
7constituted professional misconduct in this State; provided
8however, that nothing in this Section shall be construed as
9prohibiting the Department from evaluating the conduct of such
10applicant and making a determination regarding the licensure,
11certification, or authorization to practice a profession under
12this Act.
13    (c) The determination by a court that a licensee is
14subject to involuntary admission or judicial admission as
15provided in the Mental Health and Developmental Disabilities
16Code will result in an automatic suspension of his or her
17license. The suspension will end upon a finding by a court that
18the licensee is no longer subject to involuntary admission or
19judicial admission, the issuance of an order so finding and
20discharging the patient, and the determination of the
21Secretary that the licensee be allowed to resume professional
22practice.
23    (d) The Department may refuse to issue or renew or may
24suspend without hearing the license of any person who fails to
25file a return, to pay the tax penalty or interest shown in a
26filed return, or to pay any final assessment of the tax,

 

 

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1penalty, or interest as required by any Act regarding the
2payment of taxes administered by the Illinois Department of
3Revenue until the requirements of the Act are satisfied in
4accordance with subsection (g) of Section 2105-15 of the Civil
5Administrative Code of Illinois.
6    (e) In cases where the Department of Healthcare and Family
7Services has previously determined that a licensee or a
8potential licensee is more than 30 days delinquent in the
9payment of child support and has subsequently certified the
10delinquency to the Department, the Department may refuse to
11issue or renew or may revoke or suspend that person's license
12or may take other disciplinary action against that person
13based solely upon the certification of delinquency made by the
14Department of Healthcare and Family Services in accordance
15with item (5) of subsection (a) of Section 2105-15 of the
16Department of Professional Regulation Law of the Civil
17Administrative Code of Illinois.
18    (f) All fines or costs imposed under this Section shall be
19paid within 60 days after the effective date of the order
20imposing the fine or costs or in accordance with the terms set
21forth in the order imposing the fine.
22    (g) The Department may adopt rules to implement the
23changes made by this amendatory Act of the 102nd General
24Assembly.
25(Source: P.A. 99-173, eff. 7-29-15; 99-633, eff. 1-1-17;
26100-201, eff. 8-18-17; 100-513, eff. 1-1-18; 100-872, eff.

 

 

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18-14-18.)
 
2    Section 9-35. The Clinical Psychologist Licensing Act is
3amended by changing Section 15 as follows:
 
4    (225 ILCS 15/15)  (from Ch. 111, par. 5365)
5    (Section scheduled to be repealed on January 1, 2027)
6    Sec. 15. Disciplinary action; grounds.
7    (a) The Department may refuse to issue, refuse to renew,
8suspend, or revoke any license, or may place on probation,
9reprimand, or take other disciplinary or non-disciplinary
10action deemed appropriate by the Department, including the
11imposition of fines not to exceed $10,000 for each violation,
12with regard to any license issued under the provisions of this
13Act for any one or a combination of the following reasons:
14        (1) Conviction of, or entry of a plea of guilty or nolo
15    contendere to, any crime that is a felony under the laws of
16    the United States or any state or territory thereof or
17    that is a misdemeanor of which an essential element is
18    dishonesty, or any crime that is directly related to the
19    practice of the profession.
20        (2) Gross negligence in the rendering of clinical
21    psychological services.
22        (3) Using fraud or making any misrepresentation in
23    applying for a license or in passing the examination
24    provided for in this Act.

 

 

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1        (4) Aiding or abetting or conspiring to aid or abet a
2    person, not a clinical psychologist licensed under this
3    Act, in representing himself or herself as so licensed or
4    in applying for a license under this Act.
5        (5) Violation of any provision of this Act or the
6    rules promulgated thereunder.
7        (6) Professional connection or association with any
8    person, firm, association, partnership or corporation
9    holding himself, herself, themselves, or itself out in any
10    manner contrary to this Act.
11        (7) Unethical, unauthorized or unprofessional conduct
12    as defined by rule. In establishing those rules, the
13    Department shall consider, though is not bound by, the
14    ethical standards for psychologists promulgated by
15    recognized national psychology associations.
16        (8) Aiding or assisting another person in violating
17    any provisions of this Act or the rules promulgated
18    thereunder.
19        (9) Failing to provide, within 60 days, information in
20    response to a written request made by the Department.
21        (10) Habitual or excessive use or addiction to
22    alcohol, narcotics, stimulants, or any other chemical
23    agent or drug that results in a clinical psychologist's
24    inability to practice with reasonable judgment, skill or
25    safety.
26        (11) Discipline by another state, territory, the

 

 

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1    District of Columbia or foreign country, if at least one
2    of the grounds for the discipline is the same or
3    substantially equivalent to those set forth herein.
4        (12) Directly or indirectly giving or receiving from
5    any person, firm, corporation, association or partnership
6    any fee, commission, rebate, or other form of compensation
7    for any professional service not actually or personally
8    rendered. Nothing in this paragraph (12) affects any bona
9    fide independent contractor or employment arrangements
10    among health care professionals, health facilities, health
11    care providers, or other entities, except as otherwise
12    prohibited by law. Any employment arrangements may include
13    provisions for compensation, health insurance, pension, or
14    other employment benefits for the provision of services
15    within the scope of the licensee's practice under this
16    Act. Nothing in this paragraph (12) shall be construed to
17    require an employment arrangement to receive professional
18    fees for services rendered.
19        (13) A finding that the licensee, after having his or
20    her license placed on probationary status, has violated
21    the terms of probation.
22        (14) Willfully making or filing false records or
23    reports, including but not limited to, false records or
24    reports filed with State agencies or departments.
25        (15) Physical illness, including but not limited to,
26    deterioration through the aging process, mental illness or

 

 

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1    disability that results in the inability to practice the
2    profession with reasonable judgment, skill and safety.
3        (16) Willfully failing to report an instance of
4    suspected child abuse or neglect as required by the Abused
5    and Neglected Child Reporting Act.
6        (17) Being named as a perpetrator in an indicated
7    report by the Department of Children and Family Services
8    pursuant to the Abused and Neglected Child Reporting Act,
9    and upon proof by clear and convincing evidence that the
10    licensee has caused a child to be an abused child or
11    neglected child as defined in the Abused and Neglected
12    Child Reporting Act.
13        (18) Violation of the Health Care Worker Self-Referral
14    Act.
15        (19) Making a material misstatement in furnishing
16    information to the Department, any other State or federal
17    agency, or any other entity.
18        (20) Failing to report to the Department any adverse
19    judgment, settlement, or award arising from a liability
20    claim related to an act or conduct similar to an act or
21    conduct that would constitute grounds for action as set
22    forth in this Section.
23        (21) Failing to report to the Department any adverse
24    final action taken against a licensee or applicant by
25    another licensing jurisdiction, including any other state
26    or territory of the United States or any foreign state or

 

 

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1    country, or any peer review body, health care institution,
2    professional society or association related to the
3    profession, governmental agency, law enforcement agency,
4    or court for an act or conduct similar to an act or conduct
5    that would constitute grounds for disciplinary action as
6    set forth in this Section.
7        (22) Prescribing, selling, administering,
8    distributing, giving, or self-administering (A) any drug
9    classified as a controlled substance (designated product)
10    for other than medically accepted therapeutic purposes or
11    (B) any narcotic drug.
12        (23) Violating state or federal laws or regulations
13    relating to controlled substances, legend drugs, or
14    ephedra as defined in the Ephedra Prohibition Act.
15        (24) Exceeding the terms of a collaborative agreement
16    or the prescriptive authority delegated to a licensee by
17    his or her collaborating physician or established under a
18    written collaborative agreement.
19    The entry of an order by any circuit court establishing
20that any person holding a license under this Act is subject to
21involuntary admission or judicial admission as provided for in
22the Mental Health and Developmental Disabilities Code,
23operates as an automatic suspension of that license. That
24person may have his or her license restored only upon the
25determination by a circuit court that the patient is no longer
26subject to involuntary admission or judicial admission and the

 

 

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1issuance of an order so finding and discharging the patient
2and upon the Board's recommendation to the Department that the
3license be restored. Where the circumstances so indicate, the
4Board may recommend to the Department that it require an
5examination prior to restoring any license so automatically
6suspended.
7    The Department shall refuse to issue or suspend the
8license of any person who fails to file a return, or to pay the
9tax, penalty or interest shown in a filed return, or to pay any
10final assessment of the tax penalty or interest, as required
11by any tax Act administered by the Illinois Department of
12Revenue, until such time as the requirements of any such tax
13Act are satisfied.
14    In enforcing this Section, the Department or Board upon a
15showing of a possible violation may compel any person licensed
16to practice under this Act, or who has applied for licensure or
17certification pursuant to this Act, to submit to a mental or
18physical examination, or both, as required by and at the
19expense of the Department. The examining physicians or
20clinical psychologists shall be those specifically designated
21by the Department. The Board or the Department may order the
22examining physician or clinical psychologist to present
23testimony concerning this mental or physical examination of
24the licensee or applicant. No information shall be excluded by
25reason of any common law or statutory privilege relating to
26communications between the licensee or applicant and the

 

 

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1examining physician or clinical psychologist. The person to be
2examined may have, at his or her own expense, another
3physician or clinical psychologist of his or her choice
4present during all aspects of the examination. Failure of any
5person to submit to a mental or physical examination, when
6directed, shall be grounds for suspension of a license until
7the person submits to the examination if the Department or
8Board finds, after notice and hearing, that the refusal to
9submit to the examination was without reasonable cause.
10    If the Department or Board finds a person unable to
11practice because of the reasons set forth in this Section, the
12Department or Board may require that person to submit to care,
13counseling or treatment by physicians or clinical
14psychologists approved or designated by the Department, as a
15condition, term, or restriction for continued, reinstated, or
16renewed licensure to practice; or, in lieu of care, counseling
17or treatment, the Board may recommend to the Department to
18file or the Department may file a complaint to immediately
19suspend, revoke or otherwise discipline the license of the
20person. Any person whose license was granted, continued,
21reinstated, renewed, disciplined or supervised subject to such
22terms, conditions or restrictions, and who fails to comply
23with such terms, conditions or restrictions, shall be referred
24to the Secretary for a determination as to whether the person
25shall have his or her license suspended immediately, pending a
26hearing by the Board.

 

 

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1    In instances in which the Secretary immediately suspends a
2person's license under this Section, a hearing on that
3person's license must be convened by the Board within 15 days
4after the suspension and completed without appreciable delay.
5The Board shall have the authority to review the subject
6person's record of treatment and counseling regarding the
7impairment, to the extent permitted by applicable federal
8statutes and regulations safeguarding the confidentiality of
9medical records.
10    A person licensed under this Act and affected under this
11Section shall be afforded an opportunity to demonstrate to the
12Board that he or she can resume practice in compliance with
13acceptable and prevailing standards under the provisions of
14his or her license.
15    (b) The Department shall not revoke, suspend, summarily
16suspend, place on prohibition, reprimand, refuse to issue or
17renew, or take any other disciplinary or non-disciplinary
18action against a license or permit issued under this Act based
19solely upon the licensed clinical psychologist recommending,
20aiding, assisting, referring for, or participating in any
21health care service, so long as the care was otherwise
22performed in accordance with the laws of this State,
23regardless of whether the patient was a resident of this State
24or another state.
25    (c) The Department shall not revoke, suspend, place on
26prohibition, reprimand, refuse to issue or renew, or take any

 

 

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1other disciplinary or non-disciplinary action against the
2license or permit issued under this Act to practice as a
3licensed clinical psychologist based upon the licensed
4clinical psychologist's license being revoked or suspended, or
5the licensed clinical psychologist being otherwise disciplined
6by any other state, if that revocation, suspension, or other
7form of discipline was based solely on the licensed clinical
8psychologist violating another state's laws prohibiting the
9provision of, authorization of, recommendation of, aiding or
10assisting in, referring for, or participation in any health
11care service if that health care service as provided would
12have been lawful and consistent with the standards of conduct
13for the licensed clinical psychologist if it occurred in
14Illinois.
15    (d) The conduct specified in subsection (b) or (c) shall
16not constitute grounds for suspension under Section 21.6.
17    (e) The Department shall not revoke, suspend, summarily
18suspend, place on prohibition, reprimand, refuse to issue or
19renew, or take any other disciplinary or non-disciplinary
20action against the license or permit issued under this Act to
21practice as a licensed clinical psychologist based solely upon
22the license of a licensed clinical psychologist being revoked
23or the licensed clinical psychologist being otherwise
24disciplined by any other state or territory other than
25Illinois for the referral for or having otherwise participated
26in any health care service, if the revocation or disciplinary

 

 

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1action was based solely on a violation of the other state's law
2prohibiting related sexual or reproductive healthcare or
3gender-affirming care services in the state, for a resident of
4the state, or in any other state. Illinois retains the ability
5to discipline a licensed clinical psychologist for care
6provided that would otherwise constitute dishonorable,
7unethical, or unprofessional conduct or gross negligence under
8this Act and correlating rules.
9    (f) The Department may adopt rules to implement the
10changes made by this amendatory Act of the 102nd General
11Assembly.
12(Source: P.A. 98-668, eff. 6-25-14; 99-572, eff. 7-15-16.)
 
13    Section 9-40. The Marriage and Family Therapy Licensing
14Act is amended by changing Section 85 as follows:
 
15    (225 ILCS 55/85)  (from Ch. 111, par. 8351-85)
16    (Section scheduled to be repealed on January 1, 2027)
17    Sec. 85. Refusal, revocation, or suspension.
18    (a) The Department may refuse to issue or renew a license,
19or may revoke, suspend, reprimand, place on probation, or take
20any other disciplinary or non-disciplinary action as the
21Department may deem proper, including the imposition of fines
22not to exceed $10,000 for each violation, with regard to any
23license issued under the provisions of this Act for any one or
24combination of the following grounds:

 

 

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1        (1) Material misstatement in furnishing information to
2    the Department.
3        (2) Violation of any provision of this Act or its
4    rules.
5        (3) Conviction of or entry of a plea of guilty or nolo
6    contendere, finding of guilt, jury verdict, or entry of
7    judgment or sentencing, including, but not limited to,
8    convictions, preceding sentences of supervision,
9    conditional discharge, or first offender probation, under
10    the laws of any jurisdiction of the United States that is
11    (i) a felony or (ii) a misdemeanor, an essential element
12    of which is dishonesty or that is directly related to the
13    practice of the profession.
14        (4) Fraud or misrepresentation in applying for or
15    procuring a license under this Act or in connection with
16    applying for renewal or restoration of a license under
17    this Act or its rules.
18        (5) Professional incompetence.
19        (6) Gross negligence in practice under this Act.
20        (7) Aiding or assisting another person in violating
21    any provision of this Act or its rules.
22        (8) Failing, within 60 days, to provide information in
23    response to a written request made by the Department.
24        (9) Engaging in dishonorable, unethical, or
25    unprofessional conduct of a character likely to deceive,
26    defraud or harm the public as defined by the rules of the

 

 

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1    Department, or violating the rules of professional conduct
2    adopted by the Department.
3        (10) Habitual or excessive use or abuse of drugs
4    defined in law as controlled substances, of alcohol, or
5    any other substance that results in the inability to
6    practice with reasonable judgment, skill, or safety.
7        (11) Discipline by another jurisdiction if at least
8    one of the grounds for the discipline is the same or
9    substantially equivalent to those set forth in this Act.
10        (12) Directly or indirectly giving to or receiving
11    from any person, firm, corporation, partnership, or
12    association any fee, commission, rebate, or other form of
13    compensation for any professional services not actually or
14    personally rendered. Nothing in this paragraph (12)
15    affects any bona fide independent contractor or employment
16    arrangements among health care professionals, health
17    facilities, health care providers, or other entities,
18    except as otherwise prohibited by law. Any employment
19    arrangements may include provisions for compensation,
20    health insurance, pension, or other employment benefits
21    for the provision of services within the scope of the
22    licensee's practice under this Act. Nothing in this
23    paragraph (12) shall be construed to require an employment
24    arrangement to receive professional fees for services
25    rendered.
26        (13) A finding by the Department that the licensee,

 

 

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1    after having his or her license placed on probationary
2    status, has violated the terms of probation or failed to
3    comply with the terms.
4        (14) Abandonment of a patient without cause.
5        (15) Willfully making or filing false records or
6    reports relating to a licensee's practice, including but
7    not limited to false records filed with State agencies or
8    departments.
9        (16) Willfully failing to report an instance of
10    suspected child abuse or neglect as required by the Abused
11    and Neglected Child Reporting Act.
12        (17) Being named as a perpetrator in an indicated
13    report by the Department of Children and Family Services
14    under the Abused and Neglected Child Reporting Act and
15    upon proof by clear and convincing evidence that the
16    licensee has caused a child to be an abused child or
17    neglected child as defined in the Abused and Neglected
18    Child Reporting Act.
19        (18) Physical illness or mental illness or impairment,
20    including, but not limited to, deterioration through the
21    aging process or loss of motor skill that results in the
22    inability to practice the profession with reasonable
23    judgment, skill, or safety.
24        (19) Solicitation of professional services by using
25    false or misleading advertising.
26        (20) A pattern of practice or other behavior that

 

 

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1    demonstrates incapacity or incompetence to practice under
2    this Act.
3        (21) Practicing under a false or assumed name, except
4    as provided by law.
5        (22) Gross, willful, and continued overcharging for
6    professional services, including filing false statements
7    for collection of fees or moneys for which services are
8    not rendered.
9        (23) Failure to establish and maintain records of
10    patient care and treatment as required by law.
11        (24) Cheating on or attempting to subvert the
12    licensing examinations administered under this Act.
13        (25) Willfully failing to report an instance of
14    suspected abuse, neglect, financial exploitation, or
15    self-neglect of an eligible adult as defined in and
16    required by the Adult Protective Services Act.
17        (26) Being named as an abuser in a verified report by
18    the Department on Aging and under the Adult Protective
19    Services Act and upon proof by clear and convincing
20    evidence that the licensee abused, neglected, or
21    financially exploited an eligible adult as defined in the
22    Adult Protective Services Act.
23    (b) (Blank).
24    (b-1) The Department shall not revoke, suspend, summarily
25suspend, place on prohibition, reprimand, refuse to issue or
26renew, or take any other disciplinary or non-disciplinary

 

 

10200SB1534ham004- 152 -LRB102 10353 LNS 42481 a

1action against the license or permit issued under this Act to
2practice as a marriage and family therapist or associate
3licensed marriage and family therapist based solely upon the
4marriage and family therapist or associate licensed marriage
5and family therapist authorizing, recommending, aiding,
6assisting, referring for, or otherwise participating in any
7health care service, so long as the care was otherwise
8performed in accordance with the laws of this State,
9regardless of whether the patient was a resident of this State
10or another state.
11    (b-2) The Department shall not revoke, suspend, summarily
12suspend, place on prohibition, reprimand, refuse to issue or
13renew, or take any other disciplinary or non-disciplinary
14action against the license or permit issued under this Act to
15practice as a marriage and family therapist or associate
16licensed marriage and family therapist based upon the marriage
17and family therapist's or associate licensed marriage and
18family therapist's license being revoked or suspended, or the
19marriage and family therapist or associate licensed marriage
20and family therapist being otherwise disciplined by any other
21state, if that revocation, suspension, or other form of
22discipline was based solely on the marriage and family
23therapist or associate licensed marriage and family therapist
24violating another state's laws prohibiting the provision of,
25authorization of, recommendation of, aiding or assisting in,
26referring for, or participation in any health care service if

 

 

10200SB1534ham004- 153 -LRB102 10353 LNS 42481 a

1that health care service as provided would have been lawful
2and consistent with the standards of conduct for the marriage
3and family therapist or associate licensed marriage and family
4therapist if it occurred in Illinois.
5    (b-3) The conduct specified in subsection (b-1) or (b-2)
6shall not constitute grounds for suspension under Section 145.
7    (b-4) An applicant seeking licensure, certification, or
8authorization pursuant to this Act who has been subject to
9disciplinary action by a duly authorized professional
10disciplinary agency of another jurisdiction solely on the
11basis of having authorized, recommended, aided, assisted,
12referred for, or otherwise participated in health care shall
13not be denied such licensure, certification, or authorization,
14unless the Department determines that such action would have
15constituted professional misconduct in this State; provided
16however, that nothing in this Section shall be construed as
17prohibiting the Department from evaluating the conduct of such
18applicant and making a determination regarding the licensure,
19certification, or authorization to practice a profession under
20this Act.
21    (c) The determination by a circuit court that a licensee
22is subject to involuntary admission or judicial admission, as
23provided in the Mental Health and Developmental Disabilities
24Code, operates as an automatic suspension. The suspension will
25terminate only upon a finding by a court that the patient is no
26longer subject to involuntary admission or judicial admission

 

 

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1and the issuance of an order so finding and discharging the
2patient, and upon the recommendation of the Board to the
3Secretary that the licensee be allowed to resume his or her
4practice as a licensed marriage and family therapist or an
5associate licensed marriage and family therapist.
6    (d) The Department shall refuse to issue or may suspend
7the license of any person who fails to file a return, pay the
8tax, penalty, or interest shown in a filed return or pay any
9final assessment of tax, penalty, or interest, as required by
10any tax Act administered by the Illinois Department of
11Revenue, until the time the requirements of the tax Act are
12satisfied.
13    (e) In enforcing this Section, the Department or Board
14upon a showing of a possible violation may compel an
15individual licensed to practice under this Act, or who has
16applied for licensure under this Act, to submit to a mental or
17physical examination, or both, which may include a substance
18abuse or sexual offender evaluation, as required by and at the
19expense of the Department.
20    The Department shall specifically designate the examining
21physician licensed to practice medicine in all of its branches
22or, if applicable, the multidisciplinary team involved in
23providing the mental or physical examination or both. The
24multidisciplinary team shall be led by a physician licensed to
25practice medicine in all of its branches and may consist of one
26or more or a combination of physicians licensed to practice

 

 

10200SB1534ham004- 155 -LRB102 10353 LNS 42481 a

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

 

 

10200SB1534ham004- 156 -LRB102 10353 LNS 42481 a

1the examining physician or any member of the multidisciplinary
2team to provide information, reports, records, or other
3documents or to provide any testimony regarding the
4examination and evaluation.
5    The individual to be examined may have, at his or her own
6expense, another physician of his or her choice present during
7all aspects of this examination. However, that physician shall
8be present only to observe and may not interfere in any way
9with the examination.
10     Failure of an individual to submit to a mental or physical
11examination, when ordered, shall result in an automatic
12suspension of his or her license until the individual submits
13to the examination.
14    If the Department or Board finds an individual unable to
15practice because of the reasons set forth in this Section, the
16Department or Board may require that individual to submit to
17care, counseling, or treatment by physicians approved or
18designated by the Department or Board, as a condition, term,
19or restriction for continued, reinstated, or renewed licensure
20to practice; or, in lieu of care, counseling, or treatment,
21the Department may file, or the Board may recommend to the
22Department to file, a complaint to immediately suspend,
23revoke, or otherwise discipline the license of the individual.
24An individual whose license was granted, continued,
25reinstated, renewed, disciplined or supervised subject to such
26terms, conditions, or restrictions, and who fails to comply

 

 

10200SB1534ham004- 157 -LRB102 10353 LNS 42481 a

1with such terms, conditions, or restrictions, shall be
2referred to the Secretary for a determination as to whether
3the individual shall have his or her license suspended
4immediately, pending a hearing by the Department.
5    In instances in which the Secretary immediately suspends a
6person's license under this Section, a hearing on that
7person's license must be convened by the Department within 30
8days after the suspension and completed without appreciable
9delay. The Department and Board shall have the authority to
10review the subject individual's record of treatment and
11counseling regarding the impairment to the extent permitted by
12applicable federal statutes and regulations safeguarding the
13confidentiality of medical records.
14    An individual licensed under this Act and affected under
15this Section shall be afforded an opportunity to demonstrate
16to the Department or Board that he or she can resume practice
17in compliance with acceptable and prevailing standards under
18the provisions of his or her license.
19    (f) A fine shall be paid within 60 days after the effective
20date of the order imposing the fine or in accordance with the
21terms set forth in the order imposing the fine.
22    (g) The Department may adopt rules to implement the
23changes made by this amendatory Act of the 102nd General
24Assembly.
25(Source: P.A. 100-372, eff. 8-25-17; 100-872, eff. 8-14-18.)
 

 

 

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1    Section 9-45. The Licensed Certified Professional Midwife
2Practice Act is amended by changing Section 100 as follows:
 
3    (225 ILCS 64/100)
4    (Section scheduled to be repealed on January 1, 2027)
5    Sec. 100. Grounds for disciplinary action.
6    (a) The Department may refuse to issue or to renew, or may
7revoke, suspend, place on probation, reprimand, or take other
8disciplinary or non-disciplinary action with regard to any
9license issued under this Act as the Department may deem
10proper, including the issuance of fines not to exceed $10,000
11for each violation, for any one or combination of the
12following causes:
13        (1) Material misstatement in furnishing information to
14    the Department.
15        (2) Violations of this Act, or the rules adopted under
16    this Act.
17        (3) Conviction by plea of guilty or nolo contendere,
18    finding of guilt, jury verdict, or entry of judgment or
19    sentencing, including, but not limited to, convictions,
20    preceding sentences of supervision, conditional discharge,
21    or first offender probation, under the laws of any
22    jurisdiction of the United States that is: (i) a felony;
23    or (ii) a misdemeanor, an essential element of which is
24    dishonesty, or that is directly related to the practice of
25    the profession.

 

 

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1        (4) Making any misrepresentation for the purpose of
2    obtaining licenses.
3        (5) Professional incompetence.
4        (6) Aiding or assisting another person in violating
5    any provision of this Act or its rules.
6        (7) Failing, within 60 days, to provide information in
7    response to a written request made by the Department.
8        (8) Engaging in dishonorable, unethical, or
9    unprofessional conduct, as defined by rule, of a character
10    likely to deceive, defraud, or harm the public.
11        (9) Habitual or excessive use or addiction to alcohol,
12    narcotics, stimulants, or any other chemical agent or drug
13    that results in a midwife's inability to practice with
14    reasonable judgment, skill, or safety.
15        (10) Discipline by another U.S. jurisdiction or
16    foreign nation, if at least one of the grounds for
17    discipline is the same or substantially equivalent to
18    those set forth in this Section.
19        (11) Directly or indirectly giving to or receiving
20    from any person, firm, corporation, partnership, or
21    association any fee, commission, rebate or other form of
22    compensation for any professional services not actually or
23    personally rendered. Nothing in this paragraph affects any
24    bona fide independent contractor or employment
25    arrangements, including provisions for compensation,
26    health insurance, pension, or other employment benefits,

 

 

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1    with persons or entities authorized under this Act for the
2    provision of services within the scope of the licensee's
3    practice under this Act.
4        (12) A finding by the Department that the licensee,
5    after having his or her license placed on probationary
6    status, has violated the terms of probation.
7        (13) Abandonment of a patient.
8        (14) Willfully making or filing false records or
9    reports in his or her practice, including, but not limited
10    to, false records filed with state agencies or
11    departments.
12        (15) Willfully failing to report an instance of
13    suspected child abuse or neglect as required by the Abused
14    and Neglected Child Reporting Act.
15        (16) Physical illness, or mental illness or impairment
16    that results in the inability to practice the profession
17    with reasonable judgment, skill, or safety, including, but
18    not limited to, deterioration through the aging process or
19    loss of motor skill.
20        (17) Being named as a perpetrator in an indicated
21    report by the Department of Children and Family Services
22    under the Abused and Neglected Child Reporting Act, and
23    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        (18) Gross negligence resulting in permanent injury or
2    death of a patient.
3        (19) Employment of fraud, deception, or any unlawful
4    means in applying for or securing a license as a licensed
5    certified profession midwife.
6        (21) Immoral conduct in the commission of any act,
7    including sexual abuse, sexual misconduct, or sexual
8    exploitation related to the licensee's practice.
9        (22) Violation of the Health Care Worker Self-Referral
10    Act.
11        (23) Practicing under a false or assumed name, except
12    as provided by law.
13        (24) Making a false or misleading statement regarding
14    his or her skill or the efficacy or value of the medicine,
15    treatment, or remedy prescribed by him or her in the
16    course of treatment.
17        (25) Allowing another person to use his or her license
18    to practice.
19        (26) Prescribing, selling, administering,
20    distributing, giving, or self-administering a drug
21    classified as a controlled substance for purposes other
22    than medically-accepted therapeutic purposes.
23        (27) Promotion of the sale of drugs, devices,
24    appliances, or goods provided for a patient in a manner to
25    exploit the patient for financial gain.
26        (28) A pattern of practice or other behavior that

 

 

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1    demonstrates incapacity or incompetence to practice under
2    this Act.
3        (29) Violating State or federal laws, rules, or
4    regulations relating to controlled substances or other
5    legend drugs or ephedra as defined in the Ephedra
6    Prohibition Act.
7        (30) Failure to establish and maintain records of
8    patient care and treatment as required by law.
9        (31) Attempting to subvert or cheat on the examination
10    of the North American Registry of Midwives or its
11    successor agency.
12        (32) Willfully or negligently violating the
13    confidentiality between licensed certified professional
14    profession midwives and patient, except as required by
15    law.
16        (33) Willfully failing to report an instance of
17    suspected abuse, neglect, financial exploitation, or
18    self-neglect of an eligible adult as defined in and
19    required by the Adult Protective Services Act.
20        (34) Being named as an abuser in a verified report by
21    the Department on Aging under the Adult Protective
22    Services Act and upon proof by clear and convincing
23    evidence that the licensee abused, neglected, or
24    financially exploited an eligible adult as defined in the
25    Adult Protective Services Act.
26        (35) Failure to report to the Department an adverse

 

 

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1    final action taken against him or her by another licensing
2    jurisdiction of the United States or a foreign state or
3    country, a peer review body, a health care institution, a
4    professional society or association, a governmental
5    agency, a law enforcement agency, or a court.
6        (36) Failure to provide copies of records of patient
7    care or treatment, except as required by law.
8        (37) Failure of a licensee to report to the Department
9    surrender by the licensee of a license or authorization to
10    practice in another state or jurisdiction or current
11    surrender by the licensee of membership professional
12    association or society while under disciplinary
13    investigation by any of those authorities or bodies for
14    acts or conduct similar to acts or conduct that would
15    constitute grounds for action under this Section.
16        (38) Failing, within 90 days, to provide a response to
17    a request for information in response to a written request
18    made by the Department by certified or registered mail or
19    by email to the email address of record.
20        (39) Failure to supervise a midwife assistant or
21    student midwife including, but not limited to, allowing a
22    midwife assistant or student midwife to exceed their
23    scope.
24        (40) Failure to adequately inform a patient about
25    their malpractice liability insurance coverage and the
26    policy limits of the coverage.

 

 

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1        (41) Failure to submit an annual report to the
2    Department of Public Health.
3        (42) Failure to disclose active cardiopulmonary
4    resuscitation certification or neonatal resuscitation
5    provider status to clients.
6        (43) Engaging in one of the prohibited practices
7    provided for in Section 85 of this Act.
8    (a-1) The Department shall not revoke, suspend, summarily
9suspend, place on prohibition, reprimand, refuse to issue or
10renew, or take any other disciplinary or non-disciplinary
11action against the license or permit issued under this Act to
12practice as a certified professional midwife based solely upon
13the certified professional midwife authorizing, recommending,
14aiding, assisting, referring for, or otherwise participating
15in any health care service, so long as the care was otherwise
16performed in accordance with the laws of this State,
17regardless of whether the patient was a resident of this State
18or another state.
19    (a-2) The Department shall not revoke, suspend, summarily
20suspend, place on prohibition, reprimand, refuse to issue or
21renew, or take any other disciplinary or non-disciplinary
22action against the license or permit issued under this Act to
23practice as a certified professional midwife based upon the
24certified professional midwife's license being revoked or
25suspended, or the certified professional midwife being
26otherwise disciplined by any other state, if that revocation,

 

 

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1suspension, or other form of discipline was based solely on
2the certified professional midwife violating another state's
3laws prohibiting the provision of, authorization of,
4recommendation of, aiding or assisting in, referring for, or
5participation in any health care service if that health care
6service as provided would have been lawful and consistent with
7the standards of conduct for the certified professional
8midwife if it occurred in Illinois.
9    (a-3) The conduct specified in subsection (b-1) or (b-2)
10shall not constitute grounds for suspension under Section 120.
11    (a-4) An applicant seeking licensure, certification, or
12authorization pursuant to this Act who has been subject to
13disciplinary action by a duly authorized professional
14disciplinary agency of another jurisdiction solely on the
15basis of having authorized, recommended, aided, assisted,
16referred for, or otherwise participated in health care shall
17not be denied such licensure, certification, or authorization,
18unless the Department determines that such action would have
19constituted professional misconduct in this State; provided
20however, that nothing in this Section shall be construed as
21prohibiting the Department from evaluating the conduct of such
22applicant and making a determination regarding the licensure,
23certification, or authorization to practice a profession under
24this Act.
25    (b) The Department may, without a hearing, refuse to issue
26or renew or may suspend the license of any person who fails to

 

 

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1file a return, or to pay the tax, penalty, or interest shown in
2a filed return, or to pay any final assessment of the tax,
3penalty, or interest as required by any tax Act administered
4by the Department of Revenue, until the requirements of any
5such tax Act are satisfied.
6    (c) The determination by a circuit court that a licensee
7is subject to involuntary admission or judicial admission as
8provided in the Mental Health and Developmental Disabilities
9Code operates as an automatic suspension. The suspension will
10end only upon a finding by a court that the patient is no
11longer subject to involuntary admission or judicial admission
12and issues an order so finding and discharging the patient,
13and upon the recommendation of the Board to the Secretary that
14the licensee be allowed to resume his or her practice.
15    (d) In enforcing this Section, the Department, upon a
16showing of a possible violation, may compel an individual
17licensed to practice under this Act, or who has applied for
18licensure under this Act, to submit to a mental or physical
19examination, or both, including a substance abuse or sexual
20offender evaluation, as required by and at the expense of the
21Department.
22    The Department shall specifically designate the examining
23physician licensed to practice medicine in all of its branches
24or, if applicable, the multidisciplinary team involved in
25providing the mental or physical examination or both. The
26multidisciplinary team shall be led by a physician licensed to

 

 

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

 

 

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1licensee or applicant ordered to undergo an examination for
2the examining physician or any member of the multidisciplinary
3team to provide information, reports, records, or other
4documents or to provide any testimony regarding the
5examination and evaluation.
6    The individual to be examined may have, at his or her own
7expense, another physician of his or her choice present during
8all aspects of this examination. However, that physician shall
9be present only to observe and may not interfere in any way
10with the examination.
11    Failure of an individual to submit to a mental or physical
12examination, when ordered, shall result in an automatic
13suspension of his or her license until the individual submits
14to the examination.
15    If the Department finds an individual unable to practice
16because of the reasons set forth in this Section, the
17Department may require that individual to submit to care,
18counseling, or treatment by physicians approved or designated
19by the Department, as a condition, term, or restriction for
20continued, reinstated, or renewed licensure to practice; or,
21in lieu of care, counseling, or treatment, the Department may
22file a complaint to immediately suspend, revoke, or otherwise
23discipline the license of the individual. An individual whose
24license was granted, continued, reinstated, renewed,
25disciplined, or supervised subject to such terms, conditions,
26or restrictions, and who fails to comply with such terms,

 

 

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1conditions, or restrictions, shall be referred to the
2Secretary for a determination as to whether the individual
3shall have his or her license suspended immediately, pending a
4hearing by the Department.
5    In instances in which the Secretary immediately suspends a
6person's license under this Section, a hearing on that
7person's license must be convened by the Department within 30
8days after the suspension and completed without appreciable
9delay. The Department shall have the authority to review the
10subject individual's record of treatment and counseling
11regarding the impairment to the extent permitted by applicable
12federal statutes and regulations safeguarding the
13confidentiality of medical records.
14    An individual licensed under this Act and affected under
15this Section shall be afforded an opportunity to demonstrate
16to the Department that he or she can resume practice in
17compliance with acceptable and prevailing standards under the
18provisions of his or her license.
19    (e) The Department may adopt rules to implement the
20changes made by this amendatory Act of the 102nd General
21Assembly.
22(Source: P.A. 102-683, eff. 10-1-22.)
 
23    Section 9-50. The Professional Counselor and Clinical
24Professional Counselor Licensing and Practice Act is amended
25by changing Section 80 as follows:
 

 

 

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1    (225 ILCS 107/80)
2    (Section scheduled to be repealed on January 1, 2028)
3    Sec. 80. Grounds for discipline.
4    (a) The Department may refuse to issue, renew, or may
5revoke, suspend, place on probation, reprimand, or take other
6disciplinary or non-disciplinary action as the Department
7deems appropriate, including the issuance of fines not to
8exceed $10,000 for each violation, with regard to any license
9for any one or more of the following:
10        (1) Material misstatement in furnishing information to
11    the Department or to any other State agency.
12        (2) Violations or negligent or intentional disregard
13    of this Act or rules adopted under this Act.
14        (3) Conviction by plea of guilty or nolo contendere,
15    finding of guilt, jury verdict, or entry of judgment or by
16    sentencing of any crime, including, but not limited to,
17    convictions, preceding sentences of supervision,
18    conditional discharge, or first offender probation, under
19    the laws of any jurisdiction of the United States: (i)
20    that is a felony or (ii) that is a misdemeanor, an
21    essential element of which is dishonesty, or that is
22    directly related to the practice of the profession.
23        (4) Fraud or any misrepresentation in applying for or
24    procuring a license under this Act or in connection with
25    applying for renewal of a license under this Act.

 

 

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1        (5) Professional incompetence or gross negligence in
2    the rendering of professional counseling or clinical
3    professional counseling services.
4        (6) Malpractice.
5        (7) Aiding or assisting another person in violating
6    any provision of this Act or any rules.
7        (8) Failing to provide information within 60 days in
8    response to a written request made by the Department.
9        (9) Engaging in dishonorable, unethical, or
10    unprofessional conduct of a character likely to deceive,
11    defraud, or harm the public and violating the rules of
12    professional conduct adopted by the Department.
13        (10) Habitual or excessive use or abuse of drugs as
14    defined in law as controlled substances, alcohol, or any
15    other substance which results in inability to practice
16    with reasonable skill, judgment, or safety.
17        (11) Discipline by another jurisdiction, the District
18    of Columbia, territory, county, or governmental agency, if
19    at least one of the grounds for the discipline is the same
20    or substantially equivalent to those set forth in this
21    Section.
22        (12) Directly or indirectly giving to or receiving
23    from any person, firm, corporation, partnership, or
24    association any fee, commission, rebate or other form of
25    compensation for any professional service not actually
26    rendered. Nothing in this paragraph (12) affects any bona

 

 

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1    fide independent contractor or employment arrangements
2    among health care professionals, health facilities, health
3    care providers, or other entities, except as otherwise
4    prohibited by law. Any employment arrangements may include
5    provisions for compensation, health insurance, pension, or
6    other employment benefits for the provision of services
7    within the scope of the licensee's practice under this
8    Act. Nothing in this paragraph (12) shall be construed to
9    require an employment arrangement to receive professional
10    fees for services rendered.
11        (13) A finding by the Board that the licensee, after
12    having the license placed on probationary status, has
13    violated the terms of probation.
14        (14) Abandonment of a client.
15        (15) Willfully filing false reports relating to a
16    licensee's practice, including but not limited to false
17    records filed with federal or State agencies or
18    departments.
19        (16) Willfully failing to report an instance of
20    suspected child abuse or neglect as required by the Abused
21    and Neglected Child Reporting Act and in matters
22    pertaining to suspected abuse, neglect, financial
23    exploitation, or self-neglect of adults with disabilities
24    and older adults as set forth in the Adult Protective
25    Services Act.
26        (17) Being named as a perpetrator in an indicated

 

 

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1    report by the Department of Children and Family Services
2    pursuant to the Abused and Neglected Child Reporting Act,
3    and upon proof by clear and convincing evidence that the
4    licensee has caused a child to be an abused child or
5    neglected child as defined in the Abused and Neglected
6    Child Reporting Act.
7        (18) Physical or mental illness or disability,
8    including, but not limited to, deterioration through the
9    aging process or loss of abilities and skills which
10    results in the inability to practice the profession with
11    reasonable judgment, skill, or safety.
12        (19) Solicitation of professional services by using
13    false or misleading advertising.
14        (20) Allowing one's license under this Act to be used
15    by an unlicensed person in violation of this Act.
16        (21) A finding that licensure has been applied for or
17    obtained by fraudulent means.
18        (22) Practicing under a false or, except as provided
19    by law, an assumed name.
20        (23) Gross and willful overcharging for professional
21    services including filing statements for collection of
22    fees or monies for which services are not rendered.
23        (24) Rendering professional counseling or clinical
24    professional counseling services without a license or
25    practicing outside the scope of a license.
26        (25) Clinical supervisors failing to adequately and

 

 

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1    responsibly monitor supervisees.
2    All fines imposed under this Section shall be paid within
360 days after the effective date of the order imposing the
4fine.
5    (b) (Blank).
6    (b-1) The Department shall not revoke, suspend, summarily
7suspend, place on prohibition, reprimand, refuse to issue or
8renew, or take any other disciplinary or non-disciplinary
9action against the license or permit issued under this Act to
10practice as a professional counselor or clinical professional
11counselor based solely upon the professional counselor or
12clinical professional counselor authorizing, recommending,
13aiding, assisting, referring for, or otherwise participating
14in any health care service, so long as the care was otherwise
15performed in accordance with the laws of this State,
16regardless of whether the patient was a resident of this State
17or another state.
18    (b-2) The Department shall not revoke, suspend, summarily
19suspend, place on prohibition, reprimand, refuse to issue or
20renew, or take any other disciplinary or non-disciplinary
21action against the license or permit issued under this Act to
22practice as a professional counselor or clinical professional
23counselor based upon the professional counselor's or clinical
24professional counselor's license being revoked or suspended,
25or the professional counselor or clinical professional
26counselor being otherwise disciplined by any other state, if

 

 

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1that revocation, suspension, or other form of discipline was
2based solely on the professional counselor or clinical
3professional counselor violating another state's laws
4prohibiting the provision of, authorization of, recommendation
5of, aiding or assisting in, referring for, or participation in
6any health care service if that health care service as
7provided would have been lawful and consistent with the
8standards of conduct for the professional counselor or
9clinical professional counselor if it occurred in Illinois.
10    (b-3) The conduct specified in subsection (b-1) or (b-2)
11shall not constitute grounds for suspension under Section 145.
12    (b-4) An applicant seeking licensure, certification, or
13authorization pursuant to this Act who has been subject to
14disciplinary action by a duly authorized professional
15disciplinary agency of another jurisdiction solely on the
16basis of having authorized, recommended, aided, assisted,
17referred for, or otherwise participated in health care shall
18not be denied such licensure, certification, or authorization,
19unless the Department determines that such action would have
20constituted professional misconduct in this State; provided
21however, that nothing in this Section shall be construed as
22prohibiting the Department from evaluating the conduct of such
23applicant and making a determination regarding the licensure,
24certification, or authorization to practice a profession under
25this Act.
26    (b-5) The Department may refuse to issue or may suspend

 

 

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1without hearing, as provided for in the Code of Civil
2Procedure, the license of any person who fails to file a
3return, pay the tax, penalty, or interest shown in a filed
4return, or pay any final assessment of the tax, penalty, or
5interest as required by any tax Act administered by the
6Illinois Department of Revenue, until such time as the
7requirements of any such tax Act are satisfied in accordance
8with subsection (g) of Section 2105-15 of the Department of
9Professional Regulation Law of the Civil Administrative Code
10of Illinois.
11    (b-10) In cases where the Department of Healthcare and
12Family Services has previously determined a licensee or a
13potential licensee is more than 30 days delinquent in the
14payment of child support and has subsequently certified the
15delinquency to the Department, the Department may refuse to
16issue or renew or may revoke or suspend that person's license
17or may take other disciplinary action against that person
18based solely upon the certification of delinquency made by the
19Department of Healthcare and Family Services in accordance
20with item (5) of subsection (a) of Section 2105-15 of the
21Department of Professional Regulation Law of the Civil
22Administrative Code of Illinois.
23    (c) The determination by a court that a licensee is
24subject to involuntary admission or judicial admission as
25provided in the Mental Health and Developmental Disabilities
26Code will result in an automatic suspension of his or her

 

 

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1license. The suspension will end upon a finding by a court that
2the licensee is no longer subject to involuntary admission or
3judicial admission, the issuance of an order so finding and
4discharging the patient, and the recommendation of the Board
5to the Secretary that the licensee be allowed to resume
6professional practice.
7    (c-5) In enforcing this Act, the Department, upon a
8showing of a possible violation, may compel an individual
9licensed to practice under this Act, or who has applied for
10licensure under this Act, to submit to a mental or physical
11examination, or both, as required by and at the expense of the
12Department. The Department may order the examining physician
13to present testimony concerning the mental or physical
14examination of the licensee or applicant. No information shall
15be excluded by reason of any common law or statutory privilege
16relating to communications between the licensee or applicant
17and the examining physician. The examining physicians shall be
18specifically designated by the Department. The individual to
19be examined may have, at his or her own expense, another
20physician of his or her choice present during all aspects of
21this examination. The examination shall be performed by a
22physician licensed to practice medicine in all its branches.
23Failure of an individual to submit to a mental or physical
24examination, when directed, shall result in an automatic
25suspension without hearing.
26    All substance-related violations shall mandate an

 

 

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1automatic substance abuse assessment. Failure to submit to an
2assessment by a licensed physician who is certified as an
3addictionist or an advanced practice registered nurse with
4specialty certification in addictions may be grounds for an
5automatic suspension.
6    If the Department finds an individual unable to practice
7or unfit for duty because of the reasons set forth in this
8subsection (c-5), the Department may require that individual
9to submit to a substance abuse evaluation or treatment by
10individuals or programs approved or designated by the
11Department, as a condition, term, or restriction for
12continued, restored, or renewed licensure to practice; or, in
13lieu of evaluation or treatment, the Department may file, or
14the Board may recommend to the Department to file, a complaint
15to immediately suspend, revoke, or otherwise discipline the
16license of the individual. An individual whose license was
17granted, continued, restored, renewed, disciplined, or
18supervised subject to such terms, conditions, or restrictions,
19and who fails to comply with such terms, conditions, or
20restrictions, shall be referred to the Secretary for a
21determination as to whether the individual shall have his or
22her license suspended immediately, pending a hearing by the
23Department.
24    A person holding a license under this Act or who has
25applied for a license under this Act who, because of a physical
26or mental illness or disability, including, but not limited

 

 

10200SB1534ham004- 179 -LRB102 10353 LNS 42481 a

1to, deterioration through the aging process or loss of motor
2skill, is unable to practice the profession with reasonable
3judgment, skill, or safety, may be required by the Department
4to submit to care, counseling, or treatment by physicians
5approved or designated by the Department as a condition, term,
6or restriction for continued, reinstated, or renewed licensure
7to practice. Submission to care, counseling, or treatment as
8required by the Department shall not be considered discipline
9of a license. If the licensee refuses to enter into a care,
10counseling, or treatment agreement or fails to abide by the
11terms of the agreement, the Department may file a complaint to
12revoke, suspend, or otherwise discipline the license of the
13individual. The Secretary may order the license suspended
14immediately, pending a hearing by the Department. Fines shall
15not be assessed in disciplinary actions involving physical or
16mental illness or impairment.
17    In instances in which the Secretary immediately suspends a
18person's license under this Section, a hearing on that
19person's license must be convened by the Department within 15
20days after the suspension and completed without appreciable
21delay. The Department shall have the authority to review the
22subject individual's record of treatment and counseling
23regarding the impairment to the extent permitted by applicable
24federal statutes and regulations safeguarding the
25confidentiality of medical records.
26    An individual licensed under this Act and affected under

 

 

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1this Section shall be afforded an opportunity to demonstrate
2to the Department that he or she can resume practice in
3compliance with acceptable and prevailing standards under the
4provisions of his or her license.
5    (d) (Blank).
6    (e) The Department may adopt rules to implement the
7changes made by this amendatory Act of the 102nd General
8Assembly.
9(Source: P.A. 102-878, eff. 1-1-23.)
 
10    Section 9-55. The Registered Surgical Assistant and
11Registered Surgical Technologist Title Protection Act is
12amended by changing Section 75 as follows:
 
13    (225 ILCS 130/75)
14    (Section scheduled to be repealed on January 1, 2024)
15    Sec. 75. Grounds for disciplinary action.
16    (a) The Department may refuse to issue, renew, or restore
17a registration, may revoke or suspend a registration, or may
18place on probation, reprimand, or take other disciplinary or
19non-disciplinary action with regard to a person registered
20under this Act, including but not limited to the imposition of
21fines not to exceed $10,000 for each violation and the
22assessment of costs as provided for in Section 90, for any one
23or combination of the following causes:
24        (1) Making a material misstatement in furnishing

 

 

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1    information to the Department.
2        (2) Violating a provision of this Act or rules adopted
3    under this Act.
4        (3) Conviction by plea of guilty or nolo contendere,
5    finding of guilt, jury verdict, or entry of judgment or by
6    sentencing of any crime, including, but not limited to,
7    convictions, preceding sentences of supervision,
8    conditional discharge, or first offender probation, under
9    the laws of any jurisdiction of the United States that is
10    (i) a felony or (ii) a misdemeanor, an essential element
11    of which is dishonesty, or that is directly related to the
12    practice of the profession.
13        (4) Fraud or misrepresentation in applying for,
14    renewing, restoring, reinstating, or procuring a
15    registration under this Act.
16        (5) Aiding or assisting another person in violating a
17    provision of this Act or its rules.
18        (6) Failing to provide information within 60 days in
19    response to a written request made by the Department.
20        (7) Engaging in dishonorable, unethical, or
21    unprofessional conduct of a character likely to deceive,
22    defraud, or harm the public, as defined by rule of the
23    Department.
24        (8) Discipline by another United States jurisdiction,
25    governmental agency, unit of government, or foreign
26    nation, if at least one of the grounds for discipline is

 

 

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1    the same or substantially equivalent to those set forth in
2    this Section.
3        (9) Directly or indirectly giving to or receiving from
4    a person, firm, corporation, partnership, or association a
5    fee, commission, rebate, or other form of compensation for
6    professional services not actually or personally rendered.
7    Nothing in this paragraph (9) affects any bona fide
8    independent contractor or employment arrangements among
9    health care professionals, health facilities, health care
10    providers, or other entities, except as otherwise
11    prohibited by law. Any employment arrangements may include
12    provisions for compensation, health insurance, pension, or
13    other employment benefits for the provision of services
14    within the scope of the registrant's practice under this
15    Act. Nothing in this paragraph (9) shall be construed to
16    require an employment arrangement to receive professional
17    fees for services rendered.
18        (10) A finding by the Department that the registrant,
19    after having his or her registration placed on
20    probationary status, has violated the terms of probation.
21        (11) Willfully making or filing false records or
22    reports in his or her practice, including but not limited
23    to false records or reports filed with State agencies.
24        (12) Willfully making or signing a false statement,
25    certificate, or affidavit to induce payment.
26        (13) Willfully failing to report an instance of

 

 

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1    suspected child abuse or neglect as required under the
2    Abused and Neglected Child Reporting Act.
3        (14) Being named as a perpetrator in an indicated
4    report by the Department of Children and Family Services
5    under the Abused and Neglected Child Reporting Act and
6    upon proof by clear and convincing evidence that the
7    registrant has caused a child to be an abused child or
8    neglected child as defined in the Abused and Neglected
9    Child Reporting Act.
10        (15) (Blank).
11        (16) Failure to report to the Department (A) any
12    adverse final action taken against the registrant by
13    another registering or licensing jurisdiction, government
14    agency, law enforcement agency, or any court or (B)
15    liability for conduct that would constitute grounds for
16    action as set forth in this Section.
17        (17) Habitual or excessive use or abuse of drugs
18    defined in law as controlled substances, alcohol, or any
19    other substance that results in the inability to practice
20    with reasonable judgment, skill, or safety.
21        (18) Physical or mental illness, including but not
22    limited to deterioration through the aging process or loss
23    of motor skills, which results in the inability to
24    practice the profession for which he or she is registered
25    with reasonable judgment, skill, or safety.
26        (19) Gross malpractice.

 

 

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1        (20) Immoral conduct in the commission of an act
2    related to the registrant's practice, including but not
3    limited to sexual abuse, sexual misconduct, or sexual
4    exploitation.
5        (21) Violation of the Health Care Worker Self-Referral
6    Act.
7    (a-1) The Department shall not revoke, suspend, summarily
8suspend, place on prohibition, reprimand, refuse to issue or
9renew, or take any other disciplinary or non-disciplinary
10action against the license or permit issued under this Act to
11practice as a surgical assistant or surgical technologist
12based solely upon the surgical assistant or surgical
13technologist authorizing, recommending, aiding, assisting,
14referring for, or otherwise participating in any health care
15service, so long as the care was otherwise performed in
16accordance with the laws of this State, regardless of whether
17the patient was a resident of this State or another state.
18    (a-2) The Department shall not revoke, suspend, summarily
19suspend, place on prohibition, reprimand, refuse to issue or
20renew, or take any other disciplinary or non-disciplinary
21action against the license or permit issued under this Act to
22practice as a surgical assistant or surgical technologist
23based upon the surgical assistant's or surgical technologist's
24license being revoked or suspended, or the surgical assistant
25or surgical technologist being otherwise disciplined by any
26other state, if that revocation, suspension, or other form of

 

 

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1discipline was based solely on the surgical assistant or
2surgical technologist violating another state's laws
3prohibiting the provision of, authorization of, recommendation
4of, aiding or assisting in, referring for, or participation in
5any health care service if that health care service as
6provided would have been lawful and consistent with the
7standards of conduct for the surgical assistant or surgical
8technologist if it occurred in Illinois.
9    (a-3) The conduct specified in subsection (b-1) or (b-2)
10shall not constitute grounds for suspension under Section 145.
11    (a-4) An applicant seeking licensure, certification, or
12authorization pursuant to this Act who has been subject to
13disciplinary action by a duly authorized professional
14disciplinary agency of another jurisdiction solely on the
15basis of having authorized, recommended, aided, assisted,
16referred for, or otherwise participated in health care shall
17not be denied such licensure, certification, or authorization,
18unless the Department determines that such action would have
19constituted professional misconduct in this State; provided
20however, that nothing in this Section shall be construed as
21prohibiting the Department from evaluating the conduct of such
22applicant and making a determination regarding the licensure,
23certification, or authorization to practice a profession under
24this Act.
25    (b) The Department may refuse to issue or may suspend
26without hearing the registration of a person who fails to file

 

 

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1a return, to pay the tax, penalty, or interest shown in a filed
2return, or to pay a final assessment of the tax, penalty, or
3interest as required by a tax Act administered by the
4Department of Revenue, until the requirements of the tax Act
5are satisfied in accordance with subsection (g) of Section
62105-15 of the Department of Regulation Law of the Civil
7Administrative Code of Illinois.
8    (c) The determination by a circuit court that a registrant
9is subject to involuntary admission or judicial admission as
10provided in the Mental Health and Developmental Disabilities
11Code operates as an automatic suspension. The suspension will
12end only upon (1) a finding by a court that the patient is no
13longer subject to involuntary admission or judicial admission,
14(2) issuance of an order so finding and discharging the
15patient, and (3) filing of a petition for restoration
16demonstrating fitness to practice.
17    (d) (Blank).
18    (e) In cases where the Department of Healthcare and Family
19Services has previously determined a registrant or a potential
20registrant is more than 30 days delinquent in the payment of
21child support and has subsequently certified the delinquency
22to the Department, the Department may refuse to issue or renew
23or may revoke or suspend that person's registration or may
24take other disciplinary action against that person based
25solely upon the certification of delinquency made by the
26Department of Healthcare and Family Services in accordance

 

 

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1with paragraph (5) of subsection (a) of Section 2105-15 of the
2Department of Professional Regulation Law of the Civil
3Administrative Code of Illinois.
4    (f) In enforcing this Section, the Department, upon a
5showing of a possible violation, may compel any individual
6registered under this Act or any individual who has applied
7for registration to submit to a mental or physical examination
8and evaluation, or both, that may include a substance abuse or
9sexual offender evaluation, at the expense of the Department.
10The Department shall specifically designate the examining
11physician licensed to practice medicine in all of its branches
12or, if applicable, the multidisciplinary team involved in
13providing the mental or physical examination and evaluation,
14or both. The multidisciplinary team shall be led by a
15physician licensed to practice medicine in all of its branches
16and may consist of one or more or a combination of physicians
17licensed to practice medicine in all of its branches, licensed
18chiropractic physicians, licensed clinical psychologists,
19licensed clinical social workers, licensed clinical
20professional counselors, and other professional and
21administrative staff. Any examining physician or member of the
22multidisciplinary team may require any person ordered to
23submit to an examination and evaluation pursuant to this
24Section to submit to any additional supplemental testing
25deemed necessary to complete any examination or evaluation
26process, including, but not limited to, blood testing,

 

 

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1urinalysis, psychological testing, or neuropsychological
2testing.
3    The Department may order the examining physician or any
4member of the multidisciplinary team to provide to the
5Department any and all records, including business records,
6that relate to the examination and evaluation, including any
7supplemental testing performed. The Department may order the
8examining physician or any member of the multidisciplinary
9team to present testimony concerning this examination and
10evaluation of the registrant or applicant, including testimony
11concerning any supplemental testing or documents relating to
12the examination and evaluation. No information, report,
13record, or other documents in any way related to the
14examination and evaluation shall be excluded by reason of any
15common law or statutory privilege relating to communication
16between the registrant or applicant and the examining
17physician or any member of the multidisciplinary team. No
18authorization is necessary from the registrant or applicant
19ordered to undergo an evaluation and examination for the
20examining physician or any member of the multidisciplinary
21team to provide information, reports, records, or other
22documents or to provide any testimony regarding the
23examination and evaluation. The individual to be examined may
24have, at his or her own expense, another physician of his or
25her choice present during all aspects of the examination.
26    Failure of any individual to submit to mental or physical

 

 

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1examination and evaluation, or both, when directed, shall
2result in an automatic suspension without a hearing until such
3time as the individual submits to the examination. If the
4Department finds a registrant unable to practice because of
5the reasons set forth in this Section, the Department shall
6require such registrant to submit to care, counseling, or
7treatment by physicians approved or designated by the
8Department as a condition for continued, reinstated, or
9renewed registration.
10    When the Secretary immediately suspends a registration
11under this Section, a hearing upon such person's registration
12must be convened by the Department within 15 days after such
13suspension and completed without appreciable delay. The
14Department shall have the authority to review the registrant's
15record of treatment and counseling regarding the impairment to
16the extent permitted by applicable federal statutes and
17regulations safeguarding the confidentiality of medical
18records.
19    Individuals registered under this Act and affected under
20this Section shall be afforded an opportunity to demonstrate
21to the Department that they can resume practice in compliance
22with acceptable and prevailing standards under the provisions
23of their registration.
24    (g) All fines imposed under this Section shall be paid
25within 60 days after the effective date of the order imposing
26the fine or in accordance with the terms set forth in the order

 

 

10200SB1534ham004- 190 -LRB102 10353 LNS 42481 a

1imposing the fine.
2    (h) The Department may adopt rules to implement the
3changes made by this amendatory Act of the 102nd General
4Assembly.
5(Source: P.A. 100-872, eff. 8-14-18.)
 
6
Article 10

 
7    Section 10-5. The Medical Practice Act of 1987 is amended
8by changing Section 2 and by adding Section 66 as follows:
 
9    (225 ILCS 60/2)  (from Ch. 111, par. 4400-2)
10    (Section scheduled to be repealed on January 1, 2027)
11    Sec. 2. Definitions. For purposes of this Act, the
12following definitions shall have the following meanings,
13except where the context requires otherwise:
14    "Act" means the Medical Practice Act of 1987.
15    "Address of record" means the designated address recorded
16by the Department in the applicant's or licensee's application
17file or license file as maintained by the Department's
18licensure maintenance unit.
19    "Chiropractic physician" means a person licensed to treat
20human ailments without the use of drugs and without operative
21surgery. Nothing in this Act shall be construed to prohibit a
22chiropractic physician from providing advice regarding the use
23of non-prescription products or from administering atmospheric

 

 

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1oxygen. Nothing in this Act shall be construed to authorize a
2chiropractic physician to prescribe drugs.
3    "Department" means the Department of Financial and
4Professional Regulation.
5    "Disciplinary action" means revocation, suspension,
6probation, supervision, practice modification, reprimand,
7required education, fines or any other action taken by the
8Department against a person holding a license.
9    "Email address of record" means the designated email
10address recorded by the Department in the applicant's
11application file or the licensee's license file, as maintained
12by the Department's licensure maintenance unit.
13    "Final determination" means the governing body's final
14action taken under the procedure followed by a health care
15institution, or professional association or society, against
16any person licensed under the Act in accordance with the
17bylaws or rules and regulations of such health care
18institution, or professional association or society.
19    "Fund" means the Illinois State Medical Disciplinary Fund.
20    "Impaired" means the inability to practice medicine with
21reasonable skill and safety due to physical or mental
22disabilities as evidenced by a written determination or
23written consent based on clinical evidence including
24deterioration through the aging process or loss of motor
25skill, or abuse of drugs or alcohol, of sufficient degree to
26diminish a person's ability to deliver competent patient care.

 

 

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1    "Medical Board" means the Illinois State Medical Board.
2    "Physician" means a person licensed under the Medical
3Practice Act to practice medicine in all of its branches or a
4chiropractic physician.
5    "Professional association" means an association or society
6of persons licensed under this Act, and operating within the
7State of Illinois, including but not limited to, medical
8societies, osteopathic organizations, and chiropractic
9organizations, but this term shall not be deemed to include
10hospital medical staffs.
11    "Program of care, counseling, or treatment" means a
12written schedule of organized treatment, care, counseling,
13activities, or education, satisfactory to the Medical Board,
14designed for the purpose of restoring an impaired person to a
15condition whereby the impaired person can practice medicine
16with reasonable skill and safety of a sufficient degree to
17deliver competent patient care.
18    "Reinstate" means to change the status of a license or
19permit from inactive or nonrenewed status to active status.
20    "Restore" means to remove an encumbrance from a license or
21permit due to probation, suspension, or revocation.
22    "Secretary" means the Secretary of Financial and
23Professional Regulation.
24(Source: P.A. 102-20, eff. 1-1-22.)
 
25    (225 ILCS 60/66 new)

 

 

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1    Sec. 66. Temporary permit for health care.
2    (a) The Department may issue a temporary permit
3authorizing the practice in this State of health care, to an
4applicant who is licensed to practice medicine in another
5state, if all of the following apply:
6        (1) The Department determines that the applicant's
7    services will improve the welfare of Illinois residents
8    and non-residents requiring health care services.
9        (2) The applicant has graduated from a medical program
10    officially recognized by the jurisdiction in which it is
11    located for the purpose of receiving a license to practice
12    medicine in all of its branches, and maintains an
13    equivalent authorization to practice medicine in good
14    standing in the applicant's current state or territory of
15    licensure; and the applicant can furnish the Department
16    with a certified letter upon request from that
17    jurisdiction attesting to the fact that the applicant has
18    no pending action or violations against the applicant's
19    license.
20        The Department will not consider a physician license
21    being revoked or otherwise disciplined by any state or
22    territory based solely on the physician providing,
23    authorizing, recommending, aiding, assisting, referring
24    for, or otherwise participating in any health care service
25    that is unlawful or prohibited in that state or territory,
26    if the provision of, authorization of, or participation in

 

 

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1    that health care, medical service, or procedure related to
2    any health care service is not unlawful or prohibited in
3    this State.
4        (3) The applicant has sufficient training and
5    possesses the appropriate core competencies to provide
6    health care services, and is physically, mentally, and
7    professionally capable of practicing medicine with
8    reasonable judgment, skill, and safety and in accordance
9    with applicable standards of care.
10        (4) The applicant will be working pursuant to an
11    agreement with a sponsoring licensed hospital, medical
12    office, clinic, or other medical facility providing
13    abortion or other health care services. Such agreement
14    shall be executed by an authorized representative of the
15    licensed hospital, medical office, clinic, or other
16    medical facility, certifying that the physician holds an
17    active license and is in good standing in the state in
18    which the physician is licensed. If an applicant for a
19    temporary permit has been previously disciplined by
20    another jurisdiction, except as described in paragraph
21    (2), further review may be conducted pursuant to the Civil
22    Administrative Code and the Medical Practice Act of 1987.
23    The application shall include the physician's name,
24    contact information, state of licensure, and license
25    number.
26        (5) Payment of a $75 fee.

 

 

10200SB1534ham004- 195 -LRB102 10353 LNS 42481 a

1    The sponsoring licensed hospital, medical office, clinic,
2or other medical facility engaged in the agreement with the
3applicant shall notify the Department should the applicant at
4any point leave or become separate from the sponsor.
5    The Department may adopt rules pursuant to this Section.
6    (b) A temporary permit under this Section shall expire 2
7years after the date of issuance. The temporary permit may be
8renewed for a $45 fee for an additional 2 years. A holder of a
9temporary permit may only renew one time.
10    (c) The temporary permit shall only permit the holder to
11practice medicine within the scope of providing health care
12services at the location or locations specified on the permit.
13    (d) An application for the temporary permit shall be made
14to the Department, in writing, on forms prescribed by the
15Department, and shall be accompanied by a non-refundable fee
16of $75.
17    (e) An applicant for temporary permit may be requested to
18appear before the Board to respond to questions concerning the
19applicant's qualifications to receive the permit. An
20applicant's refusal to appear before the Illinois State
21Medical Board may be grounds for denial of the application by
22the Department.
23    (f) The Secretary may summarily cancel any temporary
24permit issued pursuant to this Section, without a hearing, if
25the Secretary finds that evidence in the Secretary's
26possession indicates that a permit holder's continuation in

 

 

10200SB1534ham004- 196 -LRB102 10353 LNS 42481 a

1practice would constitute an imminent danger to the public or
2violate any provision of the Medical Practice Act of 1987 or
3its rules.
4    If the Secretary summarily cancels a temporary permit
5issued pursuant to this Section or Act, the permit holder may
6petition the Department for a hearing in accordance with the
7provisions of Section 43 to restore the permit holder's
8permit, unless the permit holder has exceeded the permit
9holder's renewal limit.
10    (g) In addition to terminating any temporary permit issued
11pursuant to this Section or Act, the Department may issue a
12monetary penalty not to exceed $10,000 upon the temporary
13permit holder and may notify any state in which the temporary
14permit holder has been issued a permit that the temporary
15permit holder's Illinois permit has been terminated and the
16reasons for the termination. The monetary penalty shall be
17paid within 60 days after the effective date of the order
18imposing the penalty. The order shall constitute a judgment
19and may be filed and execution had thereon in the same manner
20as any judgment from any court of record. It is the intent of
21the General Assembly that a permit issued pursuant to this
22Section shall be considered a privilege and not a property
23right.
24    (h) While working in Illinois, all temporary permit
25holders are subject to all statutory and regulatory
26requirements of the Medical Practice Act of 1987 in the same

 

 

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1manner as a licensee. Failure to adhere to all statutory and
2regulatory requirements may result in revocation or other
3discipline of the temporary permit.
4    (i) If the Department becomes aware of a violation
5occurring at the licensed hospital, medical office, clinic, or
6other medical facility, the Department shall notify the
7Department of Public Health.
8    (j) The Department may adopt emergency rules pursuant to
9this Section. The General Assembly finds that the adoption of
10rules to implement a temporary permit for health care services
11is deemed an emergency and necessary for the public interest,
12safety, and welfare.
 
13    Section 10-10. The Nurse Practice Act is amended by adding
14Sections 65-11 and 65-11.5 as follows:
 
15    (225 ILCS 65/65-11 new)
16    Sec. 65-11. Temporary permit for advanced practice
17registered nurses for health care.
18    (a) The Department may issue a temporary permit to
19advanced practice registered nurses authorizing the practice,
20with a collaborating physician, in this State of health care,
21to an applicant who is licensed to practice as an advanced
22practice registered nurse in another state, if all of the
23following apply:
24        (1) The Department determines that the applicant's

 

 

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1    services will improve the welfare of Illinois residents
2    and non-residents requiring health care services.
3        (2) The applicant has obtained a graduate degree
4    appropriate for national certification in a clinical
5    advanced practice registered nursing specialty or a
6    graduate degree or post-master's certificate from a
7    graduate level program in a clinical advanced practice
8    registered nursing specialty; the applicant has submitted
9    verification of licensure status in good standing in the
10    applicant's current state or territory of licensure; and
11    the applicant can furnish the Department with a certified
12    letter upon request from that jurisdiction attesting to
13    the fact that the applicant has no pending action or
14    violations against the applicant's license.
15        The Department will not consider an advanced practice
16    registered nurse's license being revoked or otherwise
17    disciplined by any state or territory based solely on the
18    advanced practice registered nurse providing, authorizing,
19    recommending, aiding, assisting, referring for, or
20    otherwise participating in any health care service that is
21    unlawful or prohibited in that state or territory, if the
22    provision of, authorization of, or participation in that
23    health care, medical service, or procedure related to any
24    health care service is not unlawful or prohibited in this
25    State.
26        (3) The applicant has sufficient training and

 

 

10200SB1534ham004- 199 -LRB102 10353 LNS 42481 a

1    possesses the appropriate core competencies to provide
2    health care services, and is physically, mentally, and
3    professionally capable of practicing as an advanced
4    practice registered nurse with reasonable judgment, skill,
5    and safety and in accordance with applicable standards of
6    care.
7        (4) The applicant must meet the written collaborating
8    agreement requirements under Section 65-35.
9        (5) The applicant will be working pursuant to an
10    agreement with a sponsoring licensed hospital, medical
11    office, clinic, or other medical facility providing health
12    care services. Such agreement shall be executed by an
13    authorized representative of the licensed hospital,
14    medical office, clinic, or other medical facility,
15    certifying that the advanced practice registered nurse
16    holds an active license and is in good standing in the
17    state in which the advanced practice registered nurse is
18    licensed. If an applicant for a temporary permit has been
19    previously disciplined by another jurisdiction, except as
20    described in paragraph (2), further review may be
21    conducted pursuant to the Civil Administrative Code and
22    the Nurse Practice Act. The application shall include the
23    advanced practice registered nurse's name, contact
24    information, state of licensure, and license number.
25        (6) Payment of a $75 fee.
26    The sponsoring licensed hospital, medical office, clinic,

 

 

10200SB1534ham004- 200 -LRB102 10353 LNS 42481 a

1or other medical facility engaged in the agreement with the
2applicant shall notify the Department should the applicant at
3any point leave or become separate from the sponsor.
4    The Department may adopt rules to carry out this Section.
5    (b) A temporary permit under this Section shall expire 2
6years after the date of issuance. The temporary permit may be
7renewed for a $45 fee for an additional 2 years. A holder of a
8temporary permit may only renew one time.
9    (c) The temporary permit shall only permit the holder to
10practice as an advanced practice registered nurse with a
11collaborating physician who provides health care services at
12the location or locations specified on the permit.
13    (d) An application for the temporary permit shall be made
14to the Department, in writing, on forms prescribed by the
15Department, and shall be accompanied by a non-refundable fee
16of $75.
17    (e) An applicant for temporary permit may be requested to
18appear before the Board to respond to questions concerning the
19applicant's qualifications to receive the permit. An
20applicant's refusal to appear before the Board of Nursing may
21be grounds for denial of the application by the Department.
22    (f) The Secretary may summarily cancel any temporary
23permit issued pursuant to this Section, without a hearing, if
24the Secretary finds that evidence in the Secretary's
25possession indicates that a permit holder's continuation in
26practice would constitute an imminent danger to the public or

 

 

10200SB1534ham004- 201 -LRB102 10353 LNS 42481 a

1violate any provision of the Nurse Practice Act or its rules.
2    If the Secretary summarily cancels a temporary permit
3issued pursuant to this Section or Act, the permit holder may
4petition the Department for a hearing in accordance with the
5provisions of Section 70-125 to restore the permit holder's
6permit, unless the permit holder has exceeded the permit
7holder's renewal limit.
8    (g) In addition to terminating any temporary permit issued
9pursuant to this Section or Act, the Department may issue a
10monetary penalty not to exceed $10,000 upon the temporary
11permit holder and may notify any state in which the temporary
12permit holder has been issued a permit that the temporary
13permit holder's Illinois permit has been terminated and the
14reasons for the termination. The monetary penalty shall be
15paid within 60 days after the effective date of the order
16imposing the penalty. The order shall constitute a judgment
17and may be filed, and execution had thereon in the same manner
18as any judgment from any court of record. It is the intent of
19the General Assembly that a permit issued pursuant to this
20Section shall be considered a privilege and not a property
21right.
22    (h) While working in Illinois, all temporary permit
23holders are subject to all statutory and regulatory
24requirements of the Nurse Practice Act in the same manner as a
25licensee. Failure to adhere to all statutory and regulatory
26requirements may result in revocation or other discipline of

 

 

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1the temporary permit.
2    (i) If the Department becomes aware of a violation
3occurring at the licensed hospital, medical office, clinic, or
4other medical facility, the Department shall notify the
5Department of Public Health.
6    (j) The Department may adopt emergency rules pursuant to
7this Section. The General Assembly finds that the adoption of
8rules to implement a temporary permit for health care services
9is deemed an emergency and necessary for the public interest,
10safety, and welfare.
 
11    (225 ILCS 65/65-11.5 new)
12    Sec. 65-11.5. Temporary permit for full practice advanced
13practice registered nurses for health care.
14    (a) The Department may issue a temporary permit to full
15practice advanced practice registered nurses authorizing the
16practice in this State of health care, to an applicant who is
17licensed to practice as an advanced practice registered nurse
18in another state, if all of the following apply:
19        (1) The Department determines that the applicant's
20    services will improve the welfare of Illinois residents
21    and non-residents requiring health care services.
22        (2) The applicant has obtained a graduate degree
23    appropriate for national certification in a clinical
24    advanced practice registered nursing specialty or a
25    graduate degree or post-master's certificate from a

 

 

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1    graduate level program in a clinical advanced practice
2    registered nursing specialty; the applicant is certified
3    as a nurse practitioner, nurse midwife, or clinical nurse
4    specialist; the applicant has submitted verification of
5    licensure status in good standing in the applicant's
6    current state or territory of licensure; and the applicant
7    can furnish the Department with a certified letter upon
8    request from that jurisdiction attesting to the fact that
9    the applicant has no pending action or violations against
10    the applicant's license.
11        The Department will not consider an advanced practice
12    registered nurse's license being revoked or otherwise
13    disciplined by any state or territory for the provision
14    of, authorization of, or participation in any health care,
15    medical service, or procedure related to an abortion on
16    the basis that such health care, medical service, or
17    procedure related to an abortion is unlawful or prohibited
18    in that state or territory, if the provision of,
19    authorization of, or participation in that health care,
20    medical service, or procedure related to an abortion is
21    not unlawful or prohibited in this State.
22        (3) The applicant has sufficient training and
23    possesses the appropriate core competencies to provide
24    health care services, and is physically, mentally, and
25    professionally capable of practicing as an advanced
26    practice registered nurse with reasonable judgment, skill,

 

 

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1    and safety and in accordance with applicable standards of
2    care.
3        (4) The applicant will be working pursuant to an
4    agreement with a sponsoring licensed hospital, medical
5    office, clinic, or other medical facility providing health
6    care services. Such agreement shall be executed by an
7    authorized representative of the licensed hospital,
8    medical office, clinic, or other medical facility,
9    certifying that the advanced practice registered nurse
10    holds an active license and is in good standing in the
11    state in which advanced practice registered nurse is
12    licensed. If an applicant for a temporary permit has been
13    previously disciplined by another jurisdiction, except as
14    described in paragraph (2), further review may be
15    conducted pursuant to the Civil Administrative Code and
16    the Nurse Practice Act. The application shall include the
17    advanced practice registered nurse's name, contact
18    information, state of licensure, and license number.
19        (5) Payment of a $75 fee.
20    The sponsoring licensed hospital, medical office, clinic,
21or other medical facility engaged in the agreement with the
22applicant shall notify the Department should the applicant at
23any point leave or become separate from the sponsor.
24    The Department may adopt rules to carry out this Section.
25    (b) A temporary permit under this Section shall expire 2
26years after the date of issuance. The temporary permit may be

 

 

10200SB1534ham004- 205 -LRB102 10353 LNS 42481 a

1renewed for a $45 fee for an additional 2 years. A holder of a
2temporary permit may only renew one time.
3    (c) The temporary permit shall only permit the holder to
4practice as a full practice advanced practice registered nurse
5within the scope of providing health care services at the
6location or locations specified on the permit.
7    (d) An application for the temporary permit shall be made
8to the Department, in writing, on forms prescribed by the
9Department, and shall be accompanied by a non-refundable fee
10of $75.
11    (e) An applicant for temporary permit may be requested to
12appear before the Board to respond to questions concerning the
13applicant's qualifications to receive the permit. An
14applicant's refusal to appear before the Board of Nursing may
15be grounds for denial of the application by the Department.
16    (f) The Secretary may summarily cancel any temporary
17permit issued pursuant to this Section, without a hearing, if
18the Secretary finds that evidence in the Secretary's
19possession indicates that a permit holder's continuation in
20practice would constitute an imminent danger to the public or
21violate any provision of the Nurse Practice Act or its rules.
22    If the Secretary summarily cancels a temporary permit
23issued pursuant to this Section or Act, the permit holder may
24petition the Department for a hearing in accordance with the
25provisions of Section 70-125 to restore the permit holder's
26permit, unless the permit holder has exceeded the permit

 

 

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1holder's renewal limit.
2    (g) In addition to terminating any temporary permit issued
3pursuant to this Section or Act, the Department may issue a
4monetary penalty not to exceed $10,000 upon the temporary
5permit holder and may notify any state in which the temporary
6permit holder has been issued a permit that the temporary
7permit holder's Illinois permit has been terminated and the
8reasons for the termination. The monetary penalty shall be
9paid within 60 days after the effective date of the order
10imposing the penalty. The order shall constitute a judgment
11and may be filed, and execution had thereon in the same manner
12as any judgment from any court of record. It is the intent of
13the General Assembly that a permit issued pursuant to this
14Section shall be considered a privilege and not a property
15right.
16    (h) While working in Illinois, all temporary permit
17holders are subject to all statutory and regulatory
18requirements of the Nurse Practice Act in the same manner as a
19licensee. Failure to adhere to all statutory and regulatory
20requirements may result in revocation or other discipline of
21the temporary permit.
22    (i) If the Department becomes aware of a violation
23occurring at the licensed hospital, medical office, clinic, or
24other medical facility, the Department shall notify the
25Department of Public Health.
26    (j) The Department may adopt emergency rules pursuant to

 

 

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1this Section. The General Assembly finds that the adoption of
2rules to implement a temporary permit for health care services
3is deemed an emergency and necessary for the public interest,
4safety, and welfare.
 
5    Section 10-15. The Physician Assistant Practice Act of
61987 is amended by changing Sections 4, 21, 22.2, 22.3, 22.5,
722.6, 22.7, 22.8, 22.9, and 22.10 and by adding Section 9.7 as
8follows:
 
9    (225 ILCS 95/4)  (from Ch. 111, par. 4604)
10    (Section scheduled to be repealed on January 1, 2028)
11    Sec. 4. Definitions. In this Act:
12    1. "Department" means the Department of Financial and
13Professional Regulation.
14    2. "Secretary" means the Secretary of Financial and
15Professional Regulation.
16    3. "Physician assistant" means any person not holding an
17active license or permit issued by the Department pursuant to
18the Medical Practice Act of 1987 who has been certified as a
19physician assistant by the National Commission on the
20Certification of Physician Assistants or equivalent successor
21agency and performs procedures in collaboration with a
22physician as defined in this Act. A physician assistant may
23perform such procedures within the specialty of the
24collaborating physician, except that such physician shall

 

 

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1exercise such direction, collaboration, and control over such
2physician assistants as will assure that patients shall
3receive quality medical care. Physician assistants shall be
4capable of performing a variety of tasks within the specialty
5of medical care in collaboration with a physician.
6Collaboration with the physician assistant shall not be
7construed to necessarily require the personal presence of the
8collaborating physician at all times at the place where
9services are rendered, as long as there is communication
10available for consultation by radio, telephone or
11telecommunications within established guidelines as determined
12by the physician/physician assistant team. The collaborating
13physician may delegate tasks and duties to the physician
14assistant. Delegated tasks or duties shall be consistent with
15physician assistant education, training, and experience. The
16delegated tasks or duties shall be specific to the practice
17setting and shall be implemented and reviewed under a written
18collaborative agreement established by the physician or
19physician/physician assistant team. A physician assistant,
20acting as an agent of the physician, shall be permitted to
21transmit the collaborating physician's orders as determined by
22the institution's by-laws, policies, procedures, or job
23description within which the physician/physician assistant
24team practices. Physician assistants shall practice only in
25accordance with a written collaborative agreement.
26    Any person who holds an active license or permit issued

 

 

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1pursuant to the Medical Practice Act of 1987 shall have that
2license automatically placed into inactive status upon
3issuance of a physician assistant license. Any person who
4holds an active license as a physician assistant who is issued
5a license or permit pursuant to the Medical Practice Act of
61987 shall have his or her physician assistant license
7automatically placed into inactive status.
8    3.5. "Physician assistant practice" means the performance
9of procedures within the specialty of the collaborating
10physician. Physician assistants shall be capable of performing
11a variety of tasks within the specialty of medical care of the
12collaborating physician. Collaboration with the physician
13assistant shall not be construed to necessarily require the
14personal presence of the collaborating physician at all times
15at the place where services are rendered, as long as there is
16communication available for consultation by radio, telephone,
17telecommunications, or electronic communications. The
18collaborating physician may delegate tasks and duties to the
19physician assistant. Delegated tasks or duties shall be
20consistent with physician assistant education, training, and
21experience. The delegated tasks or duties shall be specific to
22the practice setting and shall be implemented and reviewed
23under a written collaborative agreement established by the
24physician or physician/physician assistant team. A physician
25assistant shall be permitted to transmit the collaborating
26physician's orders as determined by the institution's bylaws,

 

 

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1policies, or procedures or the job description within which
2the physician/physician assistant team practices. Physician
3assistants shall practice only in accordance with a written
4collaborative agreement, except as provided in Section 7.5 of
5this Act.
6    4. "Board" means the Medical Licensing Board constituted
7under the Medical Practice Act of 1987.
8    5. (Blank). "Disciplinary Board" means the Medical
9Disciplinary Board constituted under the Medical Practice Act
10of 1987.
11    6. "Physician" means a person licensed to practice
12medicine in all of its branches under the Medical Practice Act
13of 1987.
14    7. "Collaborating physician" means the physician who,
15within his or her specialty and expertise, may delegate a
16variety of tasks and procedures to the physician assistant.
17Such tasks and procedures shall be delegated in accordance
18with a written collaborative agreement.
19    8. (Blank).
20    9. "Address of record" means the designated address
21recorded by the Department in the applicant's or licensee's
22application file or license file maintained by the
23Department's licensure maintenance unit.
24    10. "Hospital affiliate" means a corporation, partnership,
25joint venture, limited liability company, or similar
26organization, other than a hospital, that is devoted primarily

 

 

10200SB1534ham004- 211 -LRB102 10353 LNS 42481 a

1to the provision, management, or support of health care
2services and that directly or indirectly controls, is
3controlled by, or is under common control of the hospital. For
4the purposes of this definition, "control" means having at
5least an equal or a majority ownership or membership interest.
6A hospital affiliate shall be 100% owned or controlled by any
7combination of hospitals, their parent corporations, or
8physicians licensed to practice medicine in all its branches
9in Illinois. "Hospital affiliate" does not include a health
10maintenance organization regulated under the Health
11Maintenance Organization Act.
12    11. "Email address of record" means the designated email
13address recorded by the Department in the applicant's
14application file or the licensee's license file, as maintained
15by the Department's licensure maintenance unit.
16(Source: P.A. 99-330, eff. 1-1-16; 100-453, eff. 8-25-17.)
 
17    (225 ILCS 95/9.7 new)
18    Sec. 9.7. Temporary permit for health care.
19    (a) The Department may issue a temporary permit
20authorizing the practice, with a collaborating physician, in
21this State, of health care to an applicant who is licensed to
22practice as a physician assistant in another state, if all of
23the following apply:
24        (1) The Department determines that the applicant's
25    services will improve the welfare of Illinois residents

 

 

10200SB1534ham004- 212 -LRB102 10353 LNS 42481 a

1    and non-residents requiring health care services.
2        (2)The applicant has obtained certification by the
3    National Commission on Certification of Physician
4    Assistants or its successor agency; the applicant has
5    submitted verification of licensure status in good
6    standing in the applicant's current state or territory of
7    licensure; and the applicant can furnish the Department
8    with a certified letter upon request from that
9    jurisdiction attesting to the fact that the applicant has
10    no pending action or violations against the applicant's
11    license;
12        The Department will not consider a physician
13    assistant's license being revoked or otherwise disciplined
14    by any state or territory based solely on the physician
15    assistant providing, authorizing, recommending, aiding,
16    assisting, referring for, or otherwise participating in
17    any health care service that is unlawful or prohibited in
18    that state or territory, if the provision of,
19    authorization of, or participation in that health care,
20    medical service, or procedure related to any health care
21    service is not unlawful or prohibited in this State.
22        (3) The applicant has sufficient training and
23    possesses the appropriate core competencies to provide
24    health care services, and is physically, mentally, and
25    professionally capable of practicing as a physician
26    assistant with reasonable judgment, skill, and safety and

 

 

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1    in accordance with applicable standards of care.
2        (4)The applicant must meet the written collaborative
3    agreement requirements under subsection (a) of Section
4    7.5.
5        (5) The applicant will be working pursuant to an
6    agreement with a sponsoring licensed hospital, medical
7    office, clinic, or other medical facility providing health
8    care services. Such agreement shall be executed by an
9    authorized representative of the licensed hospital,
10    medical office, clinic, or other medical facility,
11    certifying that the physician assistant holds an active
12    license and is in good standing in the state in which the
13    physician assistant is licensed. If an applicant for a
14    temporary permit has been previously disciplined by
15    another jurisdiction, except as described in paragraph
16    (2), further review may be conducted pursuant to the Civil
17    Administrative Code and the Physician Assistant Practice
18    Act of 1987. The application shall include the physician
19    assistant's name, contact information, state of licensure,
20    and license number.
21        (6) Payment of a $75 fee.
22    (6)The sponsoring licensed hospital, medical office,
23clinic, or other medical facility engaged in the agreement
24with the applicant shall notify the Department should the
25applicant at any point leave or become separate from the
26sponsor.

 

 

10200SB1534ham004- 214 -LRB102 10353 LNS 42481 a

1    The Department may adopt rules to carry out this Section.
2    (b) A temporary permit under this Section shall expire 2
3years after the date of issuance. The temporary permit may be
4renewed for a $45 fee for an additional 2 years. A holder of a
5temporary permit may only renew one time.
6    (c) The temporary permit shall only permit the holder to
7practice as a physician assistant with a collaborating
8physician who provides health care services at the location or
9locations specified on the permit.
10    (d) An application for the temporary permit shall be made
11to the Department, in writing, on forms prescribed by the
12Department, and shall be accompanied by a non-refundable fee
13of $75.
14    (e) An applicant for a temporary permit may be requested
15to appear before the Board to respond to questions concerning
16the applicant's qualifications to receive the permit. An
17applicant's refusal to appear before the Board may be grounds
18for denial of the application by the Department.
19    (f) The Secretary may summarily cancel any temporary
20permit issued pursuant to this Section, without a hearing, if
21the Secretary finds that evidence in the Secretary's
22possession indicates that a permit holder's continuation in
23practice would constitute an imminent danger to the public or
24violate any provision of the Physician Assistant Practice Act
25of 1987 or its rules.
26    If the Secretary summarily cancels a temporary permit

 

 

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1issued pursuant to this Section or Act, the permit holder may
2petition the Department for a hearing in accordance with the
3provisions of Section 22.11 to restore the permit holder's
4permit, unless the permit holder has exceeded permit holder's
5renewal limit.
6    (g) In addition to terminating any temporary permit issued
7pursuant to this Section or Act, the Department may issue a
8monetary penalty not to exceed $10,000 upon the temporary
9permit holder and may notify any state in which the temporary
10permit holder has been issued a permit that the temporary
11permit holder's Illinois permit has been terminated and the
12reasons for that termination. The monetary penalty shall be
13paid within 60 days after the effective date of the order
14imposing the penalty. The order shall constitute a judgment
15and may be filed, and execution had thereon in the same manner
16as any judgment from any court of record. It is the intent of
17the General Assembly that a permit issued pursuant to this
18Section shall be considered a privilege and not a property
19right.
20    (h) While working in Illinois, all temporary permit
21holders are subject to all statutory and regulatory
22requirements of the Physician Assistant Practice Act of 1987
23in the same manner as a licensee. Failure to adhere to all
24statutory and regulatory requirements may result in revocation
25or other discipline of the temporary permit.
26    (i)If the Department becomes aware of a violation

 

 

10200SB1534ham004- 216 -LRB102 10353 LNS 42481 a

1occurring at the licensed hospital, medical office, clinic, or
2other medical facility, the Department shall notify the
3Department of Public Health.
4    (j)The Department may adopt emergency rules pursuant to
5this Section. The General Assembly finds that the adoption of
6rules to implement a temporary permit for reproductive health
7is deemed an emergency and necessary for the public interest,
8safety, and welfare.
 
9    (225 ILCS 95/21)  (from Ch. 111, par. 4621)
10    (Section scheduled to be repealed on January 1, 2028)
11    Sec. 21. Grounds for disciplinary action.
12    (a) The Department may refuse to issue or to renew, or may
13revoke, suspend, place on probation, reprimand, or take other
14disciplinary or non-disciplinary action with regard to any
15license issued under this Act as the Department may deem
16proper, including the issuance of fines not to exceed $10,000
17for each violation, for any one or combination of the
18following causes:
19      &nbs