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1 | | institution of higher education in this State. |
2 | | Section 1-5. Definitions. As used in this Act: |
3 | | "Emergency contraception" means medication approved by the |
4 | | federal Food and Drug Administration that can significantly |
5 | | reduce the risk of pregnancy if taken within 72 hours after |
6 | | unprotected sexual intercourse. |
7 | | "Governing board of each public institution of higher |
8 | | education" means the Board of Trustees of the University of |
9 | | Illinois, the Board of Trustees of Southern Illinois |
10 | | University, the Board of Trustees of Chicago State University, |
11 | | the Board of Trustees of Eastern Illinois University, the |
12 | | Board of Trustees of Governors State University, the Board of |
13 | | Trustees of Illinois State University, the Board of Trustees |
14 | | of Northeastern Illinois University, the Board of Trustees of |
15 | | Northern Illinois University, the Board of Trustees of Western |
16 | | Illinois University, and the board of trustees of each |
17 | | community college district in this State. |
18 | | "Public institution of higher education" means the |
19 | | University of Illinois, Southern Illinois University, Chicago |
20 | | State University, Eastern Illinois University, Governors State |
21 | | University, Illinois State University, Northeastern Illinois |
22 | | University, Northern Illinois University, Western Illinois |
23 | | University, a public community college in this State, or any |
24 | | other public university, college, or community college now or |
25 | | hereafter established or authorized by the General Assembly. |
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1 | | Section 1-10. Emergency contraception availability on |
2 | | campus. |
3 | | (a) The governing board of each public institution of |
4 | | higher education shall make emergency contraception available |
5 | | for purchase through at least one vending machine located on |
6 | | each campus under its jurisdiction. |
7 | | (b) A public institution of higher education shall ensure |
8 | | that the emergency contraception made available through each |
9 | | vending machine satisfies, at a minimum, all of the following |
10 | | requirements: |
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 |
21 | | that 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.
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3 | | Article 2 |
4 | | Section 2-5. The State Employees Group Insurance Act of |
5 | | 1971 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 |
9 | | Code
requirements. The program of health
benefits shall |
10 | | provide the post-mastectomy care benefits required to be |
11 | | covered
by a policy of accident and health insurance under |
12 | | Section 356t of the Illinois
Insurance Code. The program of |
13 | | health benefits shall provide the coverage
required under |
14 | | Sections 356g, 356g.5, 356g.5-1, 356m, 356q,
356u, 356w, 356x, |
15 | | 356z.2, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, |
16 | | 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.22, |
17 | | 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33, |
18 | | 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, and |
19 | | 356z.51, and 356z.53 , 356z.54, 356z.56, 356z.57, 356z.59, and |
20 | | 356z.60 of the
Illinois Insurance Code.
The program of health |
21 | | benefits must comply with Sections 155.22a, 155.37, 355b, |
22 | | 356z.19, 370c, and 370c.1 and Article XXXIIB of the
Illinois |
23 | | Insurance Code. The Department of Insurance shall enforce the |
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1 | | requirements of this Section with respect to Sections 370c and |
2 | | 370c.1 of the Illinois Insurance Code; all other requirements |
3 | | of this Section shall be enforced by the Department of Central |
4 | | Management Services.
|
5 | | Rulemaking authority to implement Public Act 95-1045, if |
6 | | any, is conditioned on the rules being adopted in accordance |
7 | | with all provisions of the Illinois Administrative Procedure |
8 | | Act and all rules and procedures of the Joint Committee on |
9 | | Administrative Rules; any purported rule not so adopted, for |
10 | | whatever reason, is unauthorized. |
11 | | (Source: P.A. 101-13, eff. 6-12-19; 101-281, eff. 1-1-20; |
12 | | 101-393, eff. 1-1-20; 101-452, eff. 1-1-20; 101-461, eff. |
13 | | 1-1-20; 101-625, eff. 1-1-21; 102-30, eff. 1-1-22; 102-103, |
14 | | eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; |
15 | | 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. |
16 | | 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, |
17 | | eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; |
18 | | revised 12-13-22.) |
19 | | (Text of Section after amendment by P.A. 102-768 ) |
20 | | Sec. 6.11. Required health benefits; Illinois Insurance |
21 | | Code
requirements. The program of health
benefits shall |
22 | | provide the post-mastectomy care benefits required to be |
23 | | covered
by a policy of accident and health insurance under |
24 | | Section 356t of the Illinois
Insurance Code. The program of |
25 | | health benefits shall provide the coverage
required under |
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1 | | Sections 356g, 356g.5, 356g.5-1, 356m, 356q,
356u, 356w, 356x, |
2 | | 356z.2, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, |
3 | | 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.22, |
4 | | 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33, |
5 | | 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, and |
6 | | 356z.51, and 356z.53 , 356z.54, 356z.55, 356z.56, 356z.57, |
7 | | 356z.59, and 356z.60 of the
Illinois Insurance Code.
The |
8 | | program of health benefits must comply with Sections 155.22a, |
9 | | 155.37, 355b, 356z.19, 370c, and 370c.1 and Article XXXIIB of |
10 | | the
Illinois Insurance Code. The Department of Insurance shall |
11 | | enforce the requirements of this Section with respect to |
12 | | Sections 370c and 370c.1 of the Illinois Insurance Code; all |
13 | | other requirements of this Section shall be enforced by the |
14 | | Department of Central Management Services.
|
15 | | Rulemaking authority to implement Public Act 95-1045, if |
16 | | any, is conditioned on the rules being adopted in accordance |
17 | | with all provisions of the Illinois Administrative Procedure |
18 | | Act and all rules and procedures of the Joint Committee on |
19 | | Administrative Rules; any purported rule not so adopted, for |
20 | | whatever reason, is unauthorized. |
21 | | (Source: P.A. 101-13, eff. 6-12-19; 101-281, eff. 1-1-20; |
22 | | 101-393, eff. 1-1-20; 101-452, eff. 1-1-20; 101-461, eff. |
23 | | 1-1-20; 101-625, eff. 1-1-21; 102-30, eff. 1-1-22; 102-103, |
24 | | eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; |
25 | | 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. |
26 | | 1-1-23; 102-768, eff. 1-1-24; 102-804, eff. 1-1-23; 102-813, |
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1 | | eff. 5-13-22; 102-816, eff. 1-1-23; 102-860, eff. 1-1-23; |
2 | | 102-1093, eff. 1-1-23; revised 12-13-22.) |
3 | | Section 2-10. The Counties Code is amended by changing |
4 | | Section 5-1069.3 as follows: |
5 | | (55 ILCS 5/5-1069.3)
|
6 | | Sec. 5-1069.3. Required health benefits. If a county, |
7 | | including a home
rule
county, is a self-insurer for purposes |
8 | | of providing health insurance coverage
for its employees, the |
9 | | coverage shall include coverage for the post-mastectomy
care |
10 | | benefits required to be covered by a policy of accident and |
11 | | health
insurance under Section 356t and the coverage required |
12 | | under Sections 356g, 356g.5, 356g.5-1, 356q, 356u,
356w, 356x, |
13 | | 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, |
14 | | 356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29, |
15 | | 356z.30a, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41, |
16 | | 356z.45, 356z.46, 356z.47, 356z.48, and 356z.51, and 356z.53 , |
17 | | 356z.54, 356z.56, 356z.57, 356z.59, and 356z.60 of
the |
18 | | Illinois Insurance Code. The coverage shall comply with |
19 | | Sections 155.22a, 355b, 356z.19, and 370c of
the Illinois |
20 | | Insurance Code. The Department of Insurance shall enforce the |
21 | | requirements of this Section. The requirement that health |
22 | | benefits be covered
as provided in this Section is an
|
23 | | exclusive power and function of the State and is a denial and |
24 | | limitation under
Article VII, Section 6, subsection (h) of the |
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1 | | Illinois Constitution. A home
rule county to which this |
2 | | Section applies must comply with every provision of
this |
3 | | Section.
|
4 | | Rulemaking authority to implement Public Act 95-1045, if |
5 | | any, is conditioned on the rules being adopted in accordance |
6 | | with all provisions of the Illinois Administrative Procedure |
7 | | Act and all rules and procedures of the Joint Committee on |
8 | | Administrative Rules; any purported rule not so adopted, for |
9 | | whatever reason, is unauthorized. |
10 | | (Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20; |
11 | | 101-393, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, eff. |
12 | | 1-1-21; 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203, |
13 | | eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 1-1-22; |
14 | | 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. |
15 | | 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, |
16 | | eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; |
17 | | revised 12-13-22.) |
18 | | Section 2-15. The Illinois Municipal Code is amended by |
19 | | changing 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 |
22 | | municipality, including a
home rule municipality, is a |
23 | | self-insurer for purposes of providing health
insurance |
24 | | coverage for its employees, the coverage shall include |
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1 | | coverage for
the post-mastectomy care benefits required to be |
2 | | covered by a policy of
accident and health insurance under |
3 | | Section 356t and the coverage required
under Sections 356g, |
4 | | 356g.5, 356g.5-1, 356q, 356u, 356w, 356x, 356z.6, 356z.8, |
5 | | 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, |
6 | | 356z.22, 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, |
7 | | 356z.33, 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, |
8 | | 356z.48, and 356z.51, and 356z.53 , 356z.54, 356z.56, 356z.57, |
9 | | 356z.59, and 356z.60 of the Illinois
Insurance
Code. The |
10 | | coverage shall comply with Sections 155.22a, 355b, 356z.19, |
11 | | and 370c of
the Illinois Insurance Code. The Department of |
12 | | Insurance shall enforce the requirements of this Section. The |
13 | | requirement that health
benefits be covered as provided in |
14 | | this is an exclusive power and function of
the State and is a |
15 | | denial and limitation under Article VII, Section 6,
subsection |
16 | | (h) of the Illinois Constitution. A home rule municipality to |
17 | | which
this Section applies must comply with every provision of |
18 | | this Section.
|
19 | | Rulemaking authority to implement Public Act 95-1045, if |
20 | | any, is conditioned on the rules being adopted in accordance |
21 | | with all provisions of the Illinois Administrative Procedure |
22 | | Act and all rules and procedures of the Joint Committee on |
23 | | Administrative Rules; any purported rule not so adopted, for |
24 | | whatever reason, is unauthorized. |
25 | | (Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20; |
26 | | 101-393, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, eff. |
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1 | | 1-1-21; 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203, |
2 | | eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 1-1-22; |
3 | | 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. |
4 | | 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, |
5 | | eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; |
6 | | revised 12-13-22.) |
7 | | Section 2-20. The School Code is amended by changing |
8 | | Section 10-22.3f as follows: |
9 | | (105 ILCS 5/10-22.3f)
|
10 | | Sec. 10-22.3f. Required health benefits. Insurance |
11 | | protection and
benefits
for employees shall provide the |
12 | | post-mastectomy care benefits required to be
covered by a |
13 | | policy of accident and health insurance under Section 356t and |
14 | | the
coverage required under Sections 356g, 356g.5, 356g.5-1, |
15 | | 356q, 356u, 356w, 356x,
356z.6, 356z.8, 356z.9, 356z.11, |
16 | | 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26, |
17 | | 356z.29, 356z.30a, 356z.32, 356z.33, 356z.36, 356z.40, |
18 | | 356z.41, 356z.45, 356z.46, 356z.47, and 356z.51, and 356z.53 , |
19 | | 356z.54, 356z.56, 356z.57, 356z.59, and 356z.60 of
the
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20 | | Illinois Insurance Code.
Insurance policies shall comply with |
21 | | Section 356z.19 of the Illinois Insurance Code. The coverage |
22 | | shall comply with Sections 155.22a, 355b, and 370c of
the |
23 | | Illinois Insurance Code. The Department of Insurance shall |
24 | | enforce the requirements of this Section.
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1 | | Rulemaking authority to implement Public Act 95-1045, if |
2 | | any, is conditioned on the rules being adopted in accordance |
3 | | with all provisions of the Illinois Administrative Procedure |
4 | | Act and all rules and procedures of the Joint Committee on |
5 | | Administrative Rules; any purported rule not so adopted, for |
6 | | whatever reason, is unauthorized. |
7 | | (Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20; |
8 | | 101-393, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, eff. |
9 | | 1-1-21; 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203, |
10 | | eff. 1-1-22; 102-306, eff. 1-1-22; 102-642, eff. 1-1-22; |
11 | | 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-804, eff. |
12 | | 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-860, |
13 | | eff. 1-1-23; 102-1093, eff. 1-1-23; revised 12-13-22.) |
14 | | Section 2-25. The Illinois Insurance Code is amended by |
15 | | changing Section 356z.4a and by adding Section 356z.60 as |
16 | | follows: |
17 | | (215 ILCS 5/356z.4a) |
18 | | Sec. 356z.4a. Coverage for abortion. |
19 | | (a) Except as otherwise provided in this Section, no |
20 | | individual or group policy of accident and health insurance |
21 | | that provides pregnancy-related benefits may be issued, |
22 | | amended, delivered, or renewed in this State after the |
23 | | effective date of this amendatory Act of the 101st General |
24 | | Assembly unless the policy provides a covered person with |
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1 | | coverage for abortion care. Regardless of whether the policy |
2 | | otherwise provides prescription drug benefits, abortion care |
3 | | coverage must include medications that are obtained through a |
4 | | prescription and used to terminate a pregnancy, regardless of |
5 | | whether there is proof of pregnancy. |
6 | | (b) Coverage for abortion care may not impose any |
7 | | deductible, coinsurance, waiting period, or other cost-sharing |
8 | | limitation that is greater than that required for other |
9 | | pregnancy-related benefits covered by the policy. |
10 | | (c) Except as otherwise authorized under this Section, a |
11 | | policy shall not impose any restrictions or delays on the |
12 | | coverage required under this Section. |
13 | | (d) This Section does not, pursuant to 42 U.S.C. |
14 | | 18054(a)(6), apply to a multistate plan that does not provide |
15 | | coverage for abortion. |
16 | | (e) If the Department concludes that enforcement of this |
17 | | Section may adversely affect the allocation of federal funds |
18 | | to this State, the Department may grant an exemption to the |
19 | | requirements, but only to the minimum extent necessary to |
20 | | ensure 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, |
24 | | gender-affirming health care medications, and human |
25 | | immunodeficiency virus pre-exposure prophylaxis and |
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1 | | post-exposure prophylaxis. |
2 | | (a) As used in this Section: |
3 | | "Abortifacients" means any medication administered to |
4 | | terminate a pregnancy by a health care professional. |
5 | | "Gender-affirming health care medication" means any |
6 | | medication administered to treat gender dysphoria, including |
7 | | hormonal treatment. |
8 | | "Health care professional" means a physician licensed to |
9 | | practice medicine in all of its branches, licensed advanced |
10 | | practice registered nurse, or physician assistant. |
11 | | "Therapeutic equivalent version" means drugs, devices, or |
12 | | products that can be expected to have the same clinical effect |
13 | | and safety profile when administered to patients under the |
14 | | conditions specified in the labeling and that satisfy the |
15 | | following 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 |
9 | | insurance amended, delivered, issued, or renewed in this State |
10 | | after the effective date of this amendatory Act of the 102nd |
11 | | General Assembly shall provide coverage for all |
12 | | abortifacients, gender-affirming health care medication, human |
13 | | immunodeficiency virus pre-exposure prophylaxis and |
14 | | post-exposure prophylaxis drugs approved by the United States |
15 | | Food and Drug Administration, and follow-up services related |
16 | | to that coverage, including, but not limited to, management of |
17 | | side effects, medication self-management or adherence |
18 | | counseling, risk reduction strategies, and mental health |
19 | | counseling. |
20 | | (c) The coverage required under subsection (b) is subject |
21 | | to 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 |
16 | | subject to this Section shall not impose a deductible, |
17 | | coinsurance, copayment, or any other cost-sharing requirement |
18 | | on the coverage provided. The provisions of this subsection do |
19 | | not apply to coverage of procedures to the extent such |
20 | | coverage would disqualify a high-deductible health plan from |
21 | | eligibility for a health savings account pursuant to the |
22 | | federal Internal Revenue Code, 26 U.S.C. 223. |
23 | | (e) Except as otherwise authorized under this Section, a |
24 | | policy shall not impose any restrictions or delays on the |
25 | | coverage required under this Section. |
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1 | | Section 2-30. The Health Maintenance Organization Act is |
2 | | amended 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 |
6 | | the provisions of Sections 133, 134, 136, 137, 139, 140, |
7 | | 141.1,
141.2, 141.3, 143, 143c, 147, 148, 149, 151,
152, 153, |
8 | | 154, 154.5, 154.6,
154.7, 154.8, 155.04, 155.22a, 355.2, |
9 | | 355.3, 355b, 355c, 356g.5-1, 356m, 356q, 356v, 356w, 356x, |
10 | | 356y,
356z.2, 356z.3a, 356z.4, 356z.4a, 356z.5, 356z.6, |
11 | | 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, |
12 | | 356z.15, 356z.17, 356z.18, 356z.19, 356z.21, 356z.22, 356z.25, |
13 | | 356z.26, 356z.29, 356z.30, 356z.30a, 356z.32, 356z.33, |
14 | | 356z.35, 356z.36, 356z.40, 356z.41, 356z.46, 356z.47, 356z.48, |
15 | | 356z.50, 356z.51, 256z.53, 356z.54, 356z.56, 356z.57, 356z.59, |
16 | | 356z.60, 364, 364.01, 364.3, 367.2, 367.2-5, 367i, 368a, 368b, |
17 | | 368c, 368d, 368e, 370c,
370c.1, 401, 401.1, 402, 403, 403A,
|
18 | | 408, 408.2, 409, 412, 444,
and
444.1,
paragraph (c) of |
19 | | subsection (2) of Section 367, and Articles IIA, VIII 1/2,
|
20 | | XII,
XII 1/2, XIII, XIII 1/2, XXV, XXVI, and XXXIIB of the |
21 | | Illinois Insurance Code.
|
22 | | (b) For purposes of the Illinois Insurance Code, except |
23 | | for Sections 444
and 444.1 and Articles XIII and XIII 1/2, |
24 | | Health Maintenance Organizations in
the following categories |
25 | | are 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 |
12 | | acquisition of
control of a Health Maintenance Organization |
13 | | pursuant 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 |
19 | | Insurance Code
and this Section 5-3 shall apply to the sale by |
20 | | any health maintenance
organization of greater than 10% of its
|
21 | | enrollee population (including without limitation the health |
22 | | maintenance
organization's right, title, and interest in and |
23 | | to its health care
certificates).
|
24 | | (e) In considering any management contract or service |
25 | | agreement subject
to Section 141.1 of the Illinois Insurance |
26 | | Code, the Director (i) shall, in
addition to the criteria |
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1 | | specified in Section 141.2 of the Illinois
Insurance Code, |
2 | | take into account the effect of the management contract or
|
3 | | service agreement on the continuation of benefits to enrollees |
4 | | and the
financial condition of the health maintenance |
5 | | organization to be managed or
serviced, and (ii) need not take |
6 | | into account the effect of the management
contract or service |
7 | | agreement on competition.
|
8 | | (f) Except for small employer groups as defined in the |
9 | | Small Employer
Rating, Renewability and Portability Health |
10 | | Insurance Act and except for
medicare supplement policies as |
11 | | defined in Section 363 of the Illinois
Insurance Code, a |
12 | | Health Maintenance Organization may by contract agree with a
|
13 | | group or other enrollment unit to effect refunds or charge |
14 | | additional 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 |
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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 |
11 | | statement in the
evidence of coverage issued to each enrollee |
12 | | describing the possibility of a
refund or additional premium, |
13 | | and upon request of any group or enrollment unit,
provide to |
14 | | the group or enrollment unit a description of the method used |
15 | | to
calculate (1) the Health Maintenance Organization's |
16 | | profitable experience with
respect to the group or enrollment |
17 | | unit and the resulting refund to the group
or enrollment unit |
18 | | or (2) the Health Maintenance Organization's unprofitable
|
19 | | experience with respect to the group or enrollment unit and |
20 | | the resulting
additional premium to be paid by the group or |
21 | | enrollment unit.
|
22 | | In no event shall the Illinois Health Maintenance |
23 | | Organization
Guaranty Association be liable to pay any |
24 | | contractual obligation of an
insolvent organization to pay any |
25 | | refund authorized under this Section.
|
26 | | (g) Rulemaking authority to implement Public Act 95-1045, |
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1 | | if any, is conditioned on the rules being adopted in |
2 | | accordance with all provisions of the Illinois Administrative |
3 | | Procedure Act and all rules and procedures of the Joint |
4 | | Committee on Administrative Rules; any purported rule not so |
5 | | adopted, for whatever reason, is unauthorized. |
6 | | (Source: P.A. 101-13, eff. 6-12-19; 101-81, eff. 7-12-19; |
7 | | 101-281, eff. 1-1-20; 101-371, eff. 1-1-20; 101-393, eff. |
8 | | 1-1-20; 101-452, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, |
9 | | eff. 1-1-21; 102-30, eff. 1-1-22; 102-34, eff. 6-25-21; |
10 | | 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. |
11 | | 1-1-22; 102-589, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, |
12 | | eff. 10-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22; |
13 | | 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. |
14 | | 1-1-23; 102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093, |
15 | | eff. 1-1-23; revised 12-13-22.) |
16 | | Section 2-35. The Limited Health Service Organization Act |
17 | | is 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 |
20 | | health service
organizations shall be subject to the |
21 | | provisions of Sections 133, 134, 136, 137, 139,
140, 141.1, |
22 | | 141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154, |
23 | | 154.5,
154.6, 154.7, 154.8, 155.04, 155.37, 355.2, 355.3, |
24 | | 355b, 356q, 356v, 356z.10, 356z.21, 356z.22, 356z.25, 356z.26, |
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1 | | 356z.29, 356z.30a, 356z.32, 356z.33, 356z.41, 356z.46, |
2 | | 356z.47, 356z.51, 356z.53 (as added by Public Act 102-804), |
3 | | 356z.53 (as added by Public Act 102-930) , 364.3, 368a, 401, |
4 | | 401.1,
402,
403, 403A, 408,
408.2, 409, 412, 444, and 444.1 and |
5 | | Articles IIA, VIII 1/2, XII, XII 1/2,
XIII,
XIII 1/2, XXV, and |
6 | | XXVI of the Illinois Insurance Code. For purposes of the
|
7 | | Illinois Insurance Code, except for Sections 444 and 444.1 and |
8 | | Articles XIII
and XIII 1/2, limited health service |
9 | | organizations in the following categories
are deemed to be |
10 | | domestic 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; |
19 | | 101-393, eff. 1-1-20; 101-625, eff. 1-1-21; 102-30, eff. |
20 | | 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-642, |
21 | | eff. 1-1-22; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22; |
22 | | 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-860, eff. |
23 | | 1-1-23; 102-1093, eff. 1-1-23; revised 12-13-22.) |
24 | | Section 2-40. The Voluntary Health Services Plans Act is |
25 | | amended 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 |
3 | | services
plan corporations and all persons interested therein |
4 | | or dealing therewith
shall be subject to the provisions of |
5 | | Articles IIA and XII 1/2 and Sections
3.1, 133, 136, 139, 140, |
6 | | 143, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3, 355b, |
7 | | 356g, 356g.5, 356g.5-1, 356q, 356r, 356t, 356u, 356v,
356w, |
8 | | 356x, 356y, 356z.1, 356z.2, 356z.3a, 356z.4, 356z.4a, 356z.5, |
9 | | 356z.6, 356z.8, 356z.9,
356z.10, 356z.11, 356z.12, 356z.13, |
10 | | 356z.14, 356z.15, 356z.18, 356z.19, 356z.21, 356z.22, 356z.25, |
11 | | 356z.26, 356z.29, 356z.30, 356z.30a, 356z.32, 356z.33, |
12 | | 356z.40, 356z.41, 356z.46, 356z.47, 356z.51, 356z.53, 356z.54, |
13 | | 356z.56, 356z.57, 356z.59, 356z.60, 364.01, 364.3, 367.2, |
14 | | 368a, 401, 401.1,
402,
403, 403A, 408,
408.2, and 412, and |
15 | | paragraphs (7) and (15) of Section 367 of the Illinois
|
16 | | Insurance Code.
|
17 | | Rulemaking authority to implement Public Act 95-1045, if |
18 | | any, is conditioned on the rules being adopted in accordance |
19 | | with all provisions of the Illinois Administrative Procedure |
20 | | Act and all rules and procedures of the Joint Committee on |
21 | | Administrative Rules; any purported rule not so adopted, for |
22 | | whatever reason, is unauthorized. |
23 | | (Source: P.A. 101-13, eff. 6-12-19; 101-81, eff. 7-12-19; |
24 | | 101-281, eff. 1-1-20; 101-393, eff. 1-1-20; 101-625, eff. |
25 | | 1-1-21; 102-30, eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, |
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1 | | eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; |
2 | | 102-731, eff. 1-1-23; 102-775, eff. 5-13-22; 102-804, eff. |
3 | | 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-860, |
4 | | eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093, eff. 1-1-23; |
5 | | revised 12-13-22.) |
6 | | Section 2-45. The Illinois Public Aid Code is amended by |
7 | | changing Section 5-16.8 as follows:
|
8 | | (305 ILCS 5/5-16.8)
|
9 | | Sec. 5-16.8. Required health benefits. The medical |
10 | | assistance program
shall
(i) provide the post-mastectomy care |
11 | | benefits required to be covered by a policy of
accident and |
12 | | health insurance under Section 356t and the coverage required
|
13 | | under Sections 356g.5, 356q, 356u, 356w, 356x, 356z.6, |
14 | | 356z.26, 356z.29, 356z.32, 356z.33, 356z.34, 356z.35, 356z.46, |
15 | | 356z.47, and 356z.51, and 356z.53, 356z.56, 356z.59, and |
16 | | 356z.60 of the Illinois
Insurance Code, (ii) be subject to the |
17 | | provisions of Sections 356z.19, 356z.44, 356z.49, 364.01, |
18 | | 370c, and 370c.1 of the Illinois
Insurance Code, and (iii) be |
19 | | subject to the provisions of subsection (d-5) of Section 10 of |
20 | | the Network Adequacy and Transparency Act.
|
21 | | The Department, by rule, shall adopt a model similar to |
22 | | the requirements of Section 356z.39 of the Illinois Insurance |
23 | | Code. |
24 | | On and after July 1, 2012, the Department shall reduce any |
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1 | | rate of reimbursement for services or other payments or alter |
2 | | any methodologies authorized by this Code to reduce any rate |
3 | | of reimbursement for services or other payments in accordance |
4 | | with Section 5-5e. |
5 | | To ensure full access to the benefits set forth in this |
6 | | Section, on and after January 1, 2016, the Department shall |
7 | | ensure that provider and hospital reimbursement for |
8 | | post-mastectomy care benefits required under this Section are |
9 | | no lower than the Medicare reimbursement rate. |
10 | | (Source: P.A. 101-81, eff. 7-12-19; 101-218, eff. 1-1-20; |
11 | | 101-281, eff. 1-1-20; 101-371, eff. 1-1-20; 101-574, eff. |
12 | | 1-1-20; 101-649, eff. 7-7-20; 102-30, eff. 1-1-22; 102-144, |
13 | | eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; |
14 | | 102-530, eff. 1-1-22; 102-642, eff. 1-1-22; 102-804, eff. |
15 | | 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-1093, |
16 | | eff. 1-1-23; revised 12-14-22.)
|
17 | | Article 3 |
18 | | Section 3-5. The Birth Center Licensing Act is amended by |
19 | | changing 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 |
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1 | | hospital: |
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 |
15 | | registered nurse licensed in Illinois under the Nurse Practice |
16 | | Act with full practice authority or who is delegated such |
17 | | authority as part of a written collaborative agreement with a |
18 | | physician who is associated with the birthing center or who |
19 | | has privileges at a nearby birthing hospital. |
20 | | "Department" means the Illinois Department of Public |
21 | | Health. |
22 | | "Hospital" does not include places where pregnant females |
23 | | are received, cared for, or treated during delivery if it is in |
24 | | a licensed birth center, nor include any facility required to |
25 | | be licensed as a birth center. |
26 | | "Licensed certified professional midwife" means a person |
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1 | | who has successfully met the requirements under Section 45 of |
2 | | the Licensed Certified Professional Midwife Practice Act and |
3 | | holds an active license to practice as a licensed certified |
4 | | professional midwife in Illinois. |
5 | | "Physician" means a physician licensed to practice |
6 | | medicine in all its branches in Illinois. |
7 | | "Reproductive health care" means health care offered, |
8 | | arranged, or furnished for the purpose of preventing |
9 | | pregnancy, terminating a pregnancy, managing pregnancy loss, |
10 | | or improving maternal health and birth outcomes. "Reproductive |
11 | | health care" includes but is not limited to: contraception; |
12 | | sterilization; preconception care; maternity care; assisted |
13 | | reproduction; abortion care; and counseling regarding |
14 | | reproductive health care. |
15 | | (b) Nothing in this Section shall be construed to prohibit |
16 | | a facility licensed as a birth center from offering other |
17 | | sexual health care or reproductive health care subject to any |
18 | | applicable laws, rules, regulations, or licensing requirements |
19 | | for 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 |
23 | | changing 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 |
5 | | shall be pursuant to a valid prescription or standing order by |
6 | | a physician licensed to practice medicine in all its branches , |
7 | | a standing order by or the medical director of a local health |
8 | | department, or a standing order by the Department of Public |
9 | | Health 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 |
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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 |
13 | | Section. |
14 | | (c) Nothing in this Section shall be interpreted to |
15 | | require a pharmacist to dispense hormonal contraception under |
16 | | a standing order issued by a physician licensed to practice |
17 | | medicine in all its branches or
the medical director of a local |
18 | | health department. |
19 | | (d) Notwithstanding any other provision of law to the |
20 | | contrary, a pharmacist may dispense hormonal contraceptives in |
21 | | conformance with standing orders issued pursuant to this |
22 | | Section without prior establishment of a relationship between |
23 | | the pharmacist and the person receiving hormonal |
24 | | contraception. |
25 | | (e) No employee of the Department of Public Health issuing |
26 | | a standing order pursuant to this Section shall, as a result of |
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1 | | the employee's acts or omissions in issuing the standing order |
2 | | pursuant to this Section, be subject to (i) any disciplinary |
3 | | or other adverse action under the Medical Practice Act of |
4 | | 1987, (ii) any civil liability, or (iii) any criminal |
5 | | liability.
|
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 |
9 | | changing 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 |
12 | | operating a medical facility,
or any physician or nurse as |
13 | | soon as treatment permits to notify the local
law enforcement |
14 | | agency of that jurisdiction upon the application for
treatment |
15 | | of a person who is not accompanied by a law enforcement |
16 | | officer,
when it reasonably appears that the person requesting |
17 | | treatment 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 |
23 | | harmless from
any civil liability for their reasonable |
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1 | | compliance with the provisions of
this Section. |
2 | | (b) Notwithstanding subsection (a), nothing in this |
3 | | Section shall be construed to require the reporting of lawful |
4 | | health care activity, whether such activity may constitute a |
5 | | violation of another state's law. |
6 | | (c) As used in this Section: |
7 | | "Gender-affirming health care" includes, but is not |
8 | | limited to, all supplies, care, and services of a medical, |
9 | | behavioral health, mental health, surgical, psychiatric, |
10 | | therapeutic, diagnostic, preventative, rehabilitative, or |
11 | | supportive nature relating to the treatment of gender |
12 | | dysphoria or the affirmation of an individual's gender |
13 | | identity or gender expression. |
14 | | "Lawful health care" means "reproductive health care" as |
15 | | defined in Section 1-10 of the Reproductive Health Act, or |
16 | | gender-affirming health care that is not unlawful under the |
17 | | laws of this State, including on any theory of vicarious, |
18 | | joint, several, or conspiracy liability." |
19 | | "Lawful health care activity" means seeking, providing, |
20 | | receiving, assisting in seeking, providing, or receiving, |
21 | | providing material support for, or traveling to obtain lawful |
22 | | health care.
|
23 | | (Source: P.A. 86-1475.)
|
24 | | Section 6-10. The Wrongful Death Act is amended by |
25 | | changing Section 2.2 as follows:
|
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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 |
3 | | being when
an injury is caused, when an injury takes effect, or |
4 | | at death, shall not
foreclose maintenance of any cause of |
5 | | action under the law of this State
arising from the death of a |
6 | | human being caused by wrongful act, neglect or default.
|
7 | | There shall be no cause of action against any person a |
8 | | physician or a medical institution
for the wrongful death of a |
9 | | fetus caused by an abortion where the abortion
was permitted |
10 | | by law and the requisite consent was lawfully given. Provided,
|
11 | | however, that a cause of action is not prohibited where the |
12 | | fetus is live-born
but subsequently dies.
|
13 | | There shall be no cause of action against a physician or a |
14 | | medical institution
for the wrongful death of a fetus based on |
15 | | the alleged misconduct of the
physician or medical institution |
16 | | where the defendant did not know and, under
the applicable |
17 | | standard of good medical care, had no medical reason to know
of |
18 | | the 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 |
22 | | by changing Sections 704 and 709 as follows: |
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1 | | (750 ILCS 46/704) |
2 | | Sec. 704. Withdrawal of consent of intended parent or |
3 | | donor. An intended parent or donor may withdraw consent to use |
4 | | his or her gametes in a writing or legal pleading with notice |
5 | | to the other participants. An intended parent who withdraws |
6 | | consent under this Section prior to the insemination or embryo |
7 | | transfer is not a parent of any resulting child. If a donor |
8 | | withdraws consent to his or her donation prior to the |
9 | | insemination or the combination of gametes, the intended |
10 | | parent is not the parent of any resulting child. If the |
11 | | intended parent or parents no longer wish to use any remaining |
12 | | cryopreserved fertilized ovum for medical purposes, the terms |
13 | | of the most recent informed consent of the intended parent or |
14 | | parents executed at the fertility center or a marital |
15 | | settlement agreement under a judgment of dissolution of |
16 | | marriage, judgment of legal separation, or judgment of |
17 | | dissolution of civil union governs the disposition of the |
18 | | fertilized ovum.
|
19 | | (Source: P.A. 99-763, eff. 1-1-17 .) |
20 | | (750 ILCS 46/709) |
21 | | Sec. 709. Establishment of parentage; requirements of |
22 | | Gestational Surrogacy Act. |
23 | | (a) In the event of gestational surrogacy, in addition to |
24 | | the requirements of the Gestational Surrogacy Act, a |
25 | | parent-child relationship is established between a person and |
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1 | | a child if all of the following conditions are met prior to the |
2 | | birth 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. |
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1 | | (b) All certifications under this Section shall be in |
2 | | writing and witnessed by 2 competent adults who are not the |
3 | | gestational surrogate, gestational surrogate's spouse, if any, |
4 | | or an intended parent. Certifications shall be on forms |
5 | | prescribed by the Illinois Department of Public Health and |
6 | | shall be executed prior to the birth of the child. All |
7 | | certifications shall be provided, prior to the birth of the |
8 | | child, to both the hospital where the gestational surrogate |
9 | | anticipates the delivery will occur and to the Illinois |
10 | | Department of Public Health. |
11 | | (c) Parentage established in accordance with this Section |
12 | | has the full force and effect of a judgment entered under this |
13 | | Act. |
14 | | (d) The Illinois Department of Public Health shall adopt |
15 | | rules 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 |
19 | | changing 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, |
23 | | drug, or any other substance or device to terminate the |
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1 | | pregnancy of an individual known to be pregnant with an |
2 | | intention other than to increase the probability of a live |
3 | | birth, to preserve the life or health of the child after live |
4 | | birth, or to remove a dead fetus. |
5 | | "Advanced practice registered nurse" has the same meaning |
6 | | as it does in Section 50-10 of the Nurse Practice Act. |
7 | | "Assisted reproduction" means a method of achieving a
|
8 | | pregnancy through the handling of human oocytes, sperm,
|
9 | | zygotes, or embryos for the purpose of establishing a
|
10 | | pregnancy. "Assisted reproduction" includes, but is not
|
11 | | limited to: methods of artificial insemination; in vitro
|
12 | | fertilization; embryo transfer; zygote transfer; embryo
|
13 | | biopsy; preimplantation genetic diagnosis; embryo
|
14 | | cryopreservation; oocyte, gamete, zygote, and embryo donation;
|
15 | | and gestational surrogacy. |
16 | | "Department" means the Illinois Department of Public |
17 | | Health. |
18 | | "Fetal viability" means that, in the professional judgment |
19 | | of the attending health care professional, based on the |
20 | | particular facts of the case, there is a significant |
21 | | likelihood of a fetus' sustained survival outside the uterus |
22 | | without the application of extraordinary medical measures. |
23 | | "Health care professional" means a person who is licensed |
24 | | as a physician, advanced practice registered nurse, or |
25 | | physician assistant. |
26 | | "Health of the patient" means all factors that are |
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1 | | relevant to the patient's health and well-being, including, |
2 | | but not limited to, physical, emotional, psychological, and |
3 | | familial health and age. |
4 | | "Maternity care" means the health care provided in |
5 | | relation to pregnancy, labor and childbirth, and the |
6 | | postpartum period, and includes prenatal care, care during |
7 | | labor and birthing, and postpartum care extending through |
8 | | one-year postpartum. Maternity care shall, seek to optimize |
9 | | positive outcomes for the patient, and be provided on the |
10 | | basis of the physical and psychosocial needs of the patient. |
11 | | Notwithstanding any of the above, all care shall be subject to |
12 | | the informed and voluntary consent of the patient, or the |
13 | | patient's legal proxy, when the patient is unable to give |
14 | | consent. |
15 | | "Physician" means any person licensed to practice medicine |
16 | | in all its branches under the Medical Practice Act of 1987. |
17 | | "Physician assistant" has the same meaning as it does in |
18 | | Section 4 of the Physician Assistant Practice Act of 1987. |
19 | | "Pregnancy" means the human reproductive process, |
20 | | beginning with the implantation of an embryo. |
21 | | "Prevailing party" has the same meaning as in the Illinois |
22 | | Civil Rights Act of 2003. |
23 | | "Reproductive health care" means health care offered, |
24 | | arranged, or furnished for the purpose of preventing |
25 | | pregnancy, terminating a pregnancy, managing pregnancy loss, |
26 | | or improving maternal health and birth outcomes. " Reproductive |
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1 | | health care " includes, but is not limited to: contraception; |
2 | | sterilization; preconception care; assisted reproduction; |
3 | | maternity care; abortion care; and counseling regarding |
4 | | reproductive health care. |
5 | | "State" includes any branch, department, agency, |
6 | | instrumentality, and official or other person acting under |
7 | | color of law of this State or a political subdivision of the |
8 | | State, including any unit of local government (including a |
9 | | home rule unit), school district, instrumentality, or public |
10 | | subdivision.
|
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 |
2 | | violation of this Act may bring a civil lawsuit, in a federal |
3 | | district court or State circuit court, against the offending |
4 | | unit of government. Any State claim brought in federal |
5 | | district court shall be a supplemental claim to a federal |
6 | | claim. Any lawsuit brought pursuant to this Act shall be |
7 | | commenced within 2 years after the cause of action was |
8 | | discovered. |
9 | | (c) Upon motion, a court shall award reasonable attorney's |
10 | | fees and costs, including expert witness fees and other |
11 | | litigation expenses, to a plaintiff who is a prevailing party |
12 | | in any action brought pursuant to this Section. In awarding |
13 | | reasonable attorney's fees, the court shall consider the |
14 | | degree to which the relief obtained relates to the relief |
15 | | sought.
|
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 |
19 | | professionals. |
20 | | (a) A health care professional may provide abortion care |
21 | | in accordance with the health care professional's professional |
22 | | judgment and training and based on accepted standards of |
23 | | clinical practice consistent with the scope of his or her |
24 | | practice under the Medical Practice Act of 1987, the Nurse |
25 | | Practice Act, or the Physician Assistant Practice Act of 1987. |
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1 | | An advanced practice registered nurse or physician assistant |
2 | | as defined in this Act may perform aspiration abortion |
3 | | procedures that do not require general anesthesia, consistent |
4 | | with the advanced practice registered nurse's or physician |
5 | | assistant's training and standards of clinical practice and, |
6 | | if applicable, consistent with any collaborative agreement. If |
7 | | the health care professional determines that there is fetal |
8 | | viability, the health care professional may provide abortion |
9 | | care only if, in the professional judgment of the health care |
10 | | professional, the abortion is necessary to protect the life or |
11 | | health of the patient. |
12 | | (b) A report of each abortion performed by a health care |
13 | | professional shall be made to the Department on forms |
14 | | prescribed by it. Such reports shall be transmitted to the |
15 | | Department not later than 10 days following the end of the |
16 | | month in which the abortion is performed. |
17 | | (c) The abortion reporting forms prescribed by the |
18 | | Department shall not request or require information that |
19 | | identifies a patient by name or any other identifying |
20 | | information, and the Department shall secure anonymity of all |
21 | | patients and health care professionals. |
22 | | (d) All reports received by the Department pursuant to |
23 | | this Section shall be treated as confidential and exempt from |
24 | | the Freedom of Information Act. Access to such reports shall |
25 | | be limited to authorized Department staff who shall use the |
26 | | reports for statistical purposes only. Such reports must be |
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1 | | destroyed 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 |
5 | | by 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 |
10 | | probation, reprimand, refuse to issue or renew, or take any |
11 | | other disciplinary or non-disciplinary action as the |
12 | | Department may deem proper
with regard to the license or |
13 | | permit of any person issued
under this Act, including imposing |
14 | | fines not to exceed $10,000 for each violation, upon any of the |
15 | | following 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 |
7 | | proceedings to suspend,
revoke, place on probationary status, |
8 | | or take any
other disciplinary action as the Department may |
9 | | deem proper, with regard to a
license on any of the foregoing |
10 | | grounds, must be commenced within 5 years next
after receipt |
11 | | by the Department of a complaint alleging the commission of or
|
12 | | notice of the conviction order for any of the acts described |
13 | | herein. Except
for the grounds numbered (8), (9), (26), and |
14 | | (29), no action shall be commenced more
than 10 years after the |
15 | | date of the incident or act alleged to have violated
this |
16 | | Section. For actions involving the ground numbered (26), a |
17 | | pattern of practice or other behavior includes all incidents |
18 | | alleged to be part of the pattern of practice or other behavior |
19 | | that occurred, or a report pursuant to Section 23 of this Act |
20 | | received, within the 10-year period preceding the filing of |
21 | | the complaint. In the event of the settlement of any claim or |
22 | | cause of action
in favor of the claimant or the reduction to |
23 | | final judgment of any civil action
in favor of the plaintiff, |
24 | | such claim, cause of action, or civil action being
grounded on |
25 | | the allegation that a person licensed under this Act was |
26 | | negligent
in providing care, the Department shall have an |
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1 | | additional period of 2 years
from the date of notification to |
2 | | the Department under Section 23 of this Act
of such settlement |
3 | | or final judgment in which to investigate and
commence formal |
4 | | disciplinary proceedings under Section 36 of this Act, except
|
5 | | as otherwise provided by law. The time during which the holder |
6 | | of the license
was outside the State of Illinois shall not be |
7 | | included within any period of
time limiting the commencement |
8 | | of disciplinary action by the Department.
|
9 | | The entry of an order or judgment by any circuit court |
10 | | establishing that any
person holding a license under this Act |
11 | | is a person in need of mental treatment
operates as a |
12 | | suspension of that license. That person may resume his or her
|
13 | | practice only upon the entry of a Departmental order based |
14 | | upon a finding by
the Medical Board that the person has been |
15 | | determined to be recovered
from mental illness by the court |
16 | | and upon the Medical Board's
recommendation that the person be |
17 | | permitted to resume his or her practice.
|
18 | | The Department may refuse to issue or take disciplinary |
19 | | action concerning the license of any person
who fails to file a |
20 | | return, or to pay the tax, penalty, or interest shown in a
|
21 | | filed return, or to pay any final assessment of tax, penalty, |
22 | | or interest, as
required by any tax Act administered by the |
23 | | Illinois Department of Revenue,
until such time as the |
24 | | requirements of any such tax Act are satisfied as
determined |
25 | | by the Illinois Department of Revenue.
|
26 | | The Department, upon the recommendation of the Medical |
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1 | | Board, shall
adopt rules which set forth standards to be used |
2 | | in 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 |
15 | | any civil action
except for review of a licensing or other |
16 | | disciplinary action under this Act.
|
17 | | In enforcing this Section, the Medical Board,
upon a |
18 | | showing of a possible violation, may compel any individual who |
19 | | is licensed to
practice under this Act or holds a permit to |
20 | | practice under this Act, or any individual who has applied for |
21 | | licensure or a permit
pursuant to this Act, to submit to a |
22 | | mental or physical examination and evaluation, or both,
which |
23 | | may include a substance abuse or sexual offender evaluation, |
24 | | as required by the Medical Board and at the expense of the |
25 | | Department. The Medical Board shall specifically designate the |
26 | | examining physician licensed to practice medicine in all of |
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1 | | its branches or, if applicable, the multidisciplinary team |
2 | | involved in providing the mental or physical examination and |
3 | | evaluation, or both. The multidisciplinary team shall be led |
4 | | by a physician licensed to practice medicine in all of its |
5 | | branches and may consist of one or more or a combination of |
6 | | physicians licensed to practice medicine in all of its |
7 | | branches, licensed chiropractic physicians, licensed clinical |
8 | | psychologists, licensed clinical social workers, licensed |
9 | | clinical professional counselors, and other professional and |
10 | | administrative staff. Any examining physician or member of the |
11 | | multidisciplinary team may require any person ordered to |
12 | | submit to an examination and evaluation pursuant to this |
13 | | Section to submit to any additional supplemental testing |
14 | | deemed necessary to complete any examination or evaluation |
15 | | process, including, but not limited to, blood testing, |
16 | | urinalysis, psychological testing, or neuropsychological |
17 | | testing.
The Medical Board or the Department may order the |
18 | | examining
physician or any member of the multidisciplinary |
19 | | team to provide to the Department or the Medical Board any and |
20 | | all records, including business records, that relate to the |
21 | | examination and evaluation, including any supplemental testing |
22 | | performed. The Medical Board or the Department may order the |
23 | | examining physician or any member of the multidisciplinary |
24 | | team to present testimony concerning this examination
and |
25 | | evaluation of the licensee, permit holder, or applicant, |
26 | | including testimony concerning any supplemental testing or |
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1 | | documents relating to the examination and evaluation. No |
2 | | information, report, record, or other documents in any way |
3 | | related to the examination and evaluation shall be excluded by |
4 | | reason of
any common
law or statutory privilege relating to |
5 | | communication between the licensee, permit holder, or
|
6 | | applicant and
the examining physician or any member of the |
7 | | multidisciplinary team.
No authorization is necessary from the |
8 | | licensee, permit holder, or applicant ordered to undergo an |
9 | | evaluation and examination for the examining physician or any |
10 | | member of the multidisciplinary team to provide information, |
11 | | reports, records, or other documents or to provide any |
12 | | testimony regarding the examination and evaluation. The |
13 | | individual to be examined may have, at his or her own expense, |
14 | | another
physician of his or her choice present during all |
15 | | aspects of the examination.
Failure of any individual to |
16 | | submit to mental or physical examination and evaluation, or |
17 | | both, when
directed, shall result in an automatic suspension, |
18 | | without hearing, until such time
as the individual submits to |
19 | | the examination. If the Medical Board finds a physician unable
|
20 | | to practice following an examination and evaluation because of |
21 | | the reasons set forth in this Section, the Medical Board shall |
22 | | require such physician to submit to care, counseling, or |
23 | | treatment
by physicians, or other health care professionals, |
24 | | approved or designated by the Medical Board, as a condition
|
25 | | for issued, continued, reinstated, or renewed licensure to |
26 | | practice. Any physician,
whose license was granted pursuant to |
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1 | | Sections 9, 17, or 19 of this Act, or,
continued, reinstated, |
2 | | renewed, disciplined or supervised, subject to such
terms, |
3 | | conditions, or restrictions who shall fail to comply with such |
4 | | terms,
conditions, or restrictions, or to complete a required |
5 | | program of care,
counseling, or treatment, as determined by |
6 | | the Chief Medical Coordinator or
Deputy Medical Coordinators, |
7 | | shall be referred to the Secretary for a
determination as to |
8 | | whether the licensee shall have his or her license suspended
|
9 | | immediately, pending a hearing by the Medical Board. In |
10 | | instances in
which the Secretary immediately suspends a |
11 | | license under this Section, a hearing
upon such person's |
12 | | license must be convened by the Medical Board within 15
days |
13 | | after such suspension and completed without appreciable delay. |
14 | | The Medical
Board shall have the authority to review the |
15 | | subject physician's
record of treatment and counseling |
16 | | regarding the impairment, to the extent
permitted by |
17 | | applicable federal statutes and regulations safeguarding the
|
18 | | confidentiality of medical records.
|
19 | | An individual licensed under this Act, affected under this |
20 | | Section, shall be
afforded an opportunity to demonstrate to |
21 | | the Medical Board that he or she can
resume practice in |
22 | | compliance with acceptable and prevailing standards under
the |
23 | | provisions of his or her license.
|
24 | | The Department may promulgate rules for the imposition of |
25 | | fines in
disciplinary cases, not to exceed
$10,000 for each |
26 | | violation of this Act. Fines
may be imposed in conjunction |
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1 | | with other forms of disciplinary action, but
shall not be the |
2 | | exclusive disposition of any disciplinary action arising out
|
3 | | of conduct resulting in death or injury to a patient. Any funds |
4 | | collected from
such fines shall be deposited in the Illinois |
5 | | State Medical Disciplinary Fund.
|
6 | | All fines imposed under this Section shall be paid within |
7 | | 60 days after the effective date of the order imposing the fine |
8 | | or in accordance with the terms set forth in the order imposing |
9 | | the fine. |
10 | | (B) The Department shall revoke the license or
permit |
11 | | issued under this Act to practice medicine or a chiropractic |
12 | | physician who
has been convicted a second time of committing |
13 | | any felony under the
Illinois Controlled Substances Act or the |
14 | | Methamphetamine Control and Community Protection Act, or who |
15 | | has been convicted a second time of
committing a Class 1 felony |
16 | | under Sections 8A-3 and 8A-6 of the Illinois Public
Aid Code. A |
17 | | person whose license or permit is revoked
under
this |
18 | | subsection B shall be prohibited from practicing
medicine or |
19 | | treating human ailments without the use of drugs and without
|
20 | | operative surgery.
|
21 | | (C) The Department shall not revoke, suspend, place on |
22 | | probation, reprimand, refuse to issue or renew, or take any |
23 | | other disciplinary or non-disciplinary action against the |
24 | | license or permit issued under this Act to practice medicine |
25 | | to a physician: |
26 | | (1) based solely upon the recommendation of the |
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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
|
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1 | | Department civil
penalties and any other appropriate |
2 | | discipline in disciplinary cases when the Medical
Board finds |
3 | | that a physician willfully performed an abortion with actual
|
4 | | knowledge that the person upon whom the abortion has been |
5 | | performed is a minor
or an incompetent person without notice |
6 | | as required under the Parental Notice
of Abortion Act of 1995. |
7 | | Upon the Medical Board's recommendation, the Department shall
|
8 | | impose, for the first violation, a civil penalty of $1,000 and |
9 | | for a second or
subsequent violation, a civil penalty of |
10 | | $5,000. |
11 | | (D) The conduct specified in subsection (C) shall not |
12 | | trigger reporting requirements under Section 23, constitute |
13 | | grounds for suspension under Section 25, or be included on the |
14 | | physician's profile required under Section 10 of the Patients' |
15 | | Right to Know Act. |
16 | | (E) An applicant seeking licensure, certification, or |
17 | | authorization pursuant to this Act who has been subject to |
18 | | disciplinary action by a duly authorized professional |
19 | | disciplinary agency of another jurisdiction solely on the |
20 | | basis of having provided, authorized, recommended, aided, |
21 | | assisted, referred for, or otherwise participated in health |
22 | | care shall not be denied such licensure, certification, or |
23 | | authorization, unless the Department determines that such |
24 | | action would have constituted professional misconduct in this |
25 | | State; provided however, that nothing in this Section shall be |
26 | | construed as prohibiting the Department from evaluating the |
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1 | | conduct of such applicant and making a determination regarding |
2 | | the licensure, certification, or authorization to practice a |
3 | | profession under this Act. |
4 | | (F) The Department may adopt rules to implement the |
5 | | changes made by this amendatory Act of the 102nd General |
6 | | Assembly.
|
7 | | (Source: P.A. 101-13, eff. 6-12-19; 101-81, eff. 7-12-19; |
8 | | 101-363, eff. 8-9-19; 102-20, eff. 1-1-22; 102-558, eff. |
9 | | 8-20-21; 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 |
13 | | capacity. |
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 |
7 | | Section 23 shall be submitted to the Medical Board in a timely
|
8 | | fashion. Unless otherwise provided in this Section, the |
9 | | reports shall be filed in writing within 60
days after a |
10 | | determination that a report is required under
this Act. All |
11 | | reports 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 |
8 | | power under Section
38 of this Act to subpoena copies of |
9 | | hospital or medical records in mandatory
report cases alleging |
10 | | death or permanent bodily injury. Appropriate
rules shall be |
11 | | adopted by the Department with the approval of the Medical
|
12 | | Board.
|
13 | | When the Department has received written reports |
14 | | concerning incidents
required to be reported in items (34), |
15 | | (35), and (36) of subsection (A) of
Section 22, the licensee's |
16 | | failure to report the incident to the Department
under those |
17 | | items shall not be the sole grounds for disciplinary action.
|
18 | | Nothing contained in this Section shall act to, in any
|
19 | | way, waive or modify the confidentiality of medical reports
|
20 | | and committee reports to the extent provided by law. Any
|
21 | | information reported or disclosed shall be kept for the
|
22 | | confidential use of the Medical Board, the Medical
|
23 | | Coordinators, the Medical Board's attorneys, the
medical |
24 | | investigative staff, and authorized clerical staff,
as |
25 | | provided in this Act, and shall be afforded the same
status as |
26 | | is provided information concerning medical studies
in Part 21 |
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1 | | of Article VIII of the Code of Civil Procedure, except that the |
2 | | Department may disclose information and documents to a |
3 | | federal, State, or local law enforcement agency pursuant to a |
4 | | subpoena in an ongoing criminal investigation or to a health |
5 | | care licensing body or medical licensing authority of this |
6 | | State or another state or jurisdiction pursuant to an official |
7 | | request made by that licensing body or medical licensing |
8 | | authority. Furthermore, information and documents disclosed to |
9 | | a federal, State, or local law enforcement agency may be used |
10 | | by that agency only for the investigation and prosecution of a |
11 | | criminal offense, or, in the case of disclosure to a health |
12 | | care licensing body or medical licensing authority, only for |
13 | | investigations and disciplinary action proceedings with regard |
14 | | to a license. Information and documents disclosed to the |
15 | | Department of Public Health may be used by that Department |
16 | | only for investigation and disciplinary action regarding the |
17 | | license of a health care institution licensed by the |
18 | | Department of Public Health.
|
19 | | (C) Immunity from prosecution. Any individual or
|
20 | | organization acting in good faith, and not in a wilful and
|
21 | | wanton manner, in complying with this Act by providing any
|
22 | | report or other information to the Medical Board or a peer |
23 | | review committee, or
assisting in the investigation or |
24 | | preparation of such
information, or by voluntarily reporting |
25 | | to the Medical Board
or a peer review committee information |
26 | | regarding alleged errors or negligence by a person licensed |
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|
|
1 | | under this Act, or by participating in proceedings of the |
2 | | Medical
Board or a peer review committee, or by serving as a |
3 | | member of the Medical
Board or a peer review committee, shall |
4 | | not, as a result of such actions,
be subject to criminal |
5 | | prosecution or civil damages.
|
6 | | (D) Indemnification. Members of the Medical
Board, the |
7 | | Medical Coordinators, the Medical Board's
attorneys, the |
8 | | medical investigative staff, physicians
retained under |
9 | | contract to assist and advise the medical
coordinators in the |
10 | | investigation, and authorized clerical
staff shall be |
11 | | indemnified by the State for any actions
occurring within the |
12 | | scope of services on the Medical Board, done in good faith and |
13 | | not wilful and wanton in
nature. The Attorney General shall |
14 | | defend all such actions
unless he or she determines either |
15 | | that there would be a
conflict of interest in such |
16 | | representation or that the
actions complained of were not in |
17 | | good faith or were wilful
and wanton.
|
18 | | Should the Attorney General decline representation, the
|
19 | | member shall have the right to employ counsel of his or her
|
20 | | choice, whose fees shall be provided by the State, after
|
21 | | approval by the Attorney General, unless there is a
|
22 | | determination by a court that the member's actions were not
in |
23 | | good faith or were wilful and wanton.
|
24 | | The member must notify the Attorney General within 7
days |
25 | | of receipt of notice of the initiation of any action
involving |
26 | | services of the Medical Board. Failure to so
notify the |
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1 | | Attorney General shall constitute an absolute
waiver of the |
2 | | right to a defense and indemnification.
|
3 | | The Attorney General shall determine within 7 days
after |
4 | | receiving such notice, whether he or she will
undertake to |
5 | | represent the member.
|
6 | | (E) Deliberations of Medical Board. Upon the
receipt of |
7 | | any report called for by this Act, other than
those reports of |
8 | | impaired persons licensed under this Act
required pursuant to |
9 | | the rules of the Medical Board,
the Medical Board shall notify |
10 | | in writing, by
mail or email, the person who is the subject of |
11 | | the report. Such
notification shall be made within 30 days of |
12 | | receipt by the Medical
Board of the report.
|
13 | | The notification shall include a written notice setting
|
14 | | forth the person's right to examine the report. Included in
|
15 | | such notification shall be the address at which the file is
|
16 | | maintained, the name of the custodian of the reports, and
the |
17 | | telephone number at which the custodian may be reached.
The |
18 | | person who is the subject of the report shall submit a written |
19 | | statement responding,
clarifying, adding to, or proposing the |
20 | | amending of the
report previously filed. The person who is the |
21 | | subject of the report shall also submit with the written |
22 | | statement any medical records related to the report. The |
23 | | statement and accompanying medical records shall become a
|
24 | | permanent part of the file and must be received by the Medical
|
25 | | Board no more than
30 days after the date on
which the person |
26 | | was notified by the Medical Board of the existence of
the
|
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1 | | original report.
|
2 | | The Medical Board shall review all reports
received by it, |
3 | | together with any supporting information and
responding |
4 | | statements submitted by persons who are the
subject of |
5 | | reports. The review by the Medical Board
shall be in a timely |
6 | | manner but in no event, shall the Medical
Board's initial |
7 | | review of the material
contained in each disciplinary file be |
8 | | less than 61 days nor
more than 180 days after the receipt of |
9 | | the initial report
by the Medical Board.
|
10 | | When the Medical Board makes its initial review of
the |
11 | | materials contained within its disciplinary files, the Medical
|
12 | | Board shall, in writing, make a determination
as to whether |
13 | | there are sufficient facts to warrant further
investigation or |
14 | | action. Failure to make such determination
within the time |
15 | | provided shall be deemed to be a
determination that there are |
16 | | not sufficient facts to warrant
further investigation or |
17 | | action.
|
18 | | Should the Medical Board find that there are not
|
19 | | sufficient facts to warrant further investigation, or
action, |
20 | | the report shall be accepted for filing and the
matter shall be |
21 | | deemed closed and so reported to the Secretary. The Secretary
|
22 | | shall then have 30 days to accept the Medical Board's decision |
23 | | or
request further investigation. The Secretary shall inform |
24 | | the Medical Board
of the decision to request further |
25 | | investigation, including the specific
reasons for the |
26 | | decision. The
individual or entity filing the original report |
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1 | | or complaint
and the person who is the subject of the report or |
2 | | complaint
shall be notified in writing by the Secretary of
any |
3 | | final action on their report or complaint. The Department |
4 | | shall disclose to the individual or entity who filed the |
5 | | original report or complaint, on request, the status of the |
6 | | Medical Board's review of a specific report or complaint. Such |
7 | | request may be made at any time, including prior to the Medical |
8 | | Board's determination as to whether there are sufficient facts |
9 | | to warrant further investigation or action.
|
10 | | (F) Summary reports. The Medical Board shall
prepare, on a |
11 | | timely basis, but in no event less than once
every other month, |
12 | | a summary report of final disciplinary actions taken
upon |
13 | | disciplinary files maintained by the Medical Board.
The |
14 | | summary reports shall be made available to the public upon |
15 | | request and payment of the fees set by the Department. This |
16 | | publication may be made available to the public on the |
17 | | Department's website. Information or documentation relating to |
18 | | any disciplinary file that is closed without disciplinary |
19 | | action taken shall not be disclosed and shall be afforded the |
20 | | same status as is provided by Part 21 of Article VIII of the |
21 | | Code of Civil Procedure.
|
22 | | (G) Any violation of this Section shall be a Class A
|
23 | | misdemeanor.
|
24 | | (H) If any such person violates the provisions of this
|
25 | | Section an action may be brought in the name of the People
of |
26 | | the State of Illinois, through the Attorney General of
the |
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1 | | State of Illinois, for an order enjoining such violation
or |
2 | | for an order enforcing compliance with this Section.
Upon |
3 | | filing of a verified petition in such court, the court
may |
4 | | issue a temporary restraining order without notice or
bond and |
5 | | may preliminarily or permanently enjoin such
violation, and if |
6 | | it is established that such person has
violated or is |
7 | | violating the injunction, the court may
punish the offender |
8 | | for contempt of court. Proceedings
under this paragraph shall |
9 | | be in addition to, and not in
lieu of, all other remedies and |
10 | | penalties provided for by
this Section. |
11 | | (I) The Department may adopt rules to implement the |
12 | | changes made by this amendatory Act of the 102nd General |
13 | | Assembly.
|
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 |
16 | | changing 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 |
20 | | and
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
|
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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 |
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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 |
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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 |
16 | | submitted to
the
Board in a timely fashion. The reports shall |
17 | | be filed in writing
within
60 days after a determination that a |
18 | | report is required
under this Article. All reports shall |
19 | | contain 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 |
13 | | any way waive or modify the confidentiality of
medical reports |
14 | | and committee reports to the extent
provided by law. Any |
15 | | information reported or disclosed
shall be kept for the |
16 | | confidential use of the Board,
the Board's attorneys, the |
17 | | investigative staff, and
authorized clerical staff and shall |
18 | | be afforded the
same status as is provided information |
19 | | concerning medical
studies in Part 21 of Article VIII of the |
20 | | Code of Civil
Procedure.
|
21 | | (c) Immunity from Prosecution. An individual or
|
22 | | organization acting in good faith, and not in a willful and
|
23 | | wanton manner, in complying with this Section by providing
a |
24 | | report or other information to the Board, by
assisting in the |
25 | | investigation or preparation of a report or
information, by |
26 | | participating in proceedings of the
Board, or by serving as a |
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1 | | member of the Board shall not, as
a result of such actions, be |
2 | | subject to criminal prosecution
or civil damages.
|
3 | | (d) Indemnification. Members of the Board, the
Board's |
4 | | attorneys, the investigative staff, advanced
practice |
5 | | registered nurses or physicians retained under
contract to |
6 | | assist and advise in the investigation, and
authorized |
7 | | clerical staff shall be indemnified by the State
for any |
8 | | actions (i) occurring within the scope of services on the
|
9 | | Board, (ii) performed in good faith, and (iii) not willful and |
10 | | wanton in
nature. The Attorney General shall defend all |
11 | | actions taken against those
persons
unless he or she |
12 | | determines either that there would be a
conflict of interest |
13 | | in the representation or that the
actions complained of were |
14 | | not performed in good faith or were willful
and wanton in |
15 | | nature. If the Attorney General declines
representation, the |
16 | | member shall have the right to employ
counsel of his or her |
17 | | choice, whose fees shall be provided by
the State, after |
18 | | approval by the Attorney General, unless
there is a |
19 | | determination by a court that the member's actions
were not |
20 | | performed in good faith or were willful and wanton in nature. |
21 | | The
member
shall notify the Attorney General within 7 days of |
22 | | receipt of
notice of the initiation of an action involving |
23 | | services of
the Board. Failure to so notify the Attorney |
24 | | General
shall constitute an absolute waiver of the right to a |
25 | | defense
and indemnification. The Attorney General shall |
26 | | determine
within 7 days after receiving the notice whether he |
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1 | | or she
will undertake to represent the member.
|
2 | | (e) Deliberations of Board. Upon the receipt of a
report |
3 | | called for by this Section, other than those reports
of |
4 | | impaired persons licensed under this Article
required
pursuant |
5 | | to the rules of the Board, the Board shall
notify in writing by |
6 | | certified or registered mail or by email to the email address |
7 | | of record the person who is the
subject of the report. The |
8 | | notification shall be made
within 30 days of receipt by the |
9 | | Board of the report.
The notification shall include a written |
10 | | notice setting forth
the person's right to examine the report. |
11 | | Included in the
notification shall be the address at which the |
12 | | file is
maintained, the name of the custodian of the reports, |
13 | | and the
telephone number at which the custodian may be |
14 | | reached. The
person who is the subject of the report shall |
15 | | submit a
written statement responding to, clarifying, adding |
16 | | to, or
proposing to amend the report previously filed. The
|
17 | | statement shall become a permanent part of the file and shall
|
18 | | be received by the Board no more than 30 days after the
date on |
19 | | which the person was notified of the existence of the
original |
20 | | report. The
Board shall review all reports
received by it and |
21 | | any supporting information and
responding statements submitted |
22 | | by persons who are the
subject of reports. The review by the
|
23 | | Board shall be in
a timely manner but in no event shall the
|
24 | | Board's
initial review of the material contained in each |
25 | | disciplinary
file be less than 61 days nor more than 180 days |
26 | | after the
receipt of the initial report by the Board. When the
|
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1 | | Board makes its initial review of the materials
contained |
2 | | within its disciplinary files, the Board
shall, in writing, |
3 | | make a determination as to whether there
are sufficient facts |
4 | | to warrant further investigation or
action. Failure to make |
5 | | that determination within the time
provided shall be deemed to |
6 | | be a determination that there are
not sufficient facts to |
7 | | warrant further investigation or
action. Should the Board find |
8 | | that there are not
sufficient facts to warrant further |
9 | | investigation or action,
the report shall be accepted for |
10 | | filing and the matter shall
be deemed closed and so reported. |
11 | | The individual or entity
filing the original report or |
12 | | complaint and the person who is
the subject of the report or |
13 | | complaint shall be notified in
writing by the
Board of any |
14 | | final action on their report
or complaint.
|
15 | | (f) (Blank).
|
16 | | (g) Any violation of this Section shall constitute a Class |
17 | | A
misdemeanor.
|
18 | | (h) If a person violates the provisions of this
Section, |
19 | | an action may be brought in the name of the People of
the State |
20 | | of Illinois, through the Attorney General of the
State of |
21 | | Illinois, for an order enjoining the violation or
for an order |
22 | | enforcing compliance with this Section. Upon
filing of a |
23 | | petition in court, the court may
issue a temporary restraining |
24 | | order without notice or bond
and may preliminarily or |
25 | | permanently enjoin the violation,
and if it is established |
26 | | that the person has violated or is
violating the injunction, |
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1 | | the court may punish the offender
for contempt of court. |
2 | | Proceedings under this subsection
shall be in addition to, and |
3 | | not in lieu of, all other
remedies and penalties provided for |
4 | | by this Section.
|
5 | | (i) The Department may adopt rules to implement the |
6 | | changes made by this amendatory Act of the 102nd General |
7 | | Assembly. |
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 |
13 | | revoke, suspend, place on
probation, reprimand, or take other |
14 | | disciplinary or non-disciplinary action as the Department
may |
15 | | deem appropriate, including fines not to exceed $10,000 per |
16 | | violation, with regard to a license for any one or combination
|
17 | | of the causes set forth in subsection (b) below.
All fines |
18 | | collected under this Section shall be deposited in the Nursing
|
19 | | Dedicated 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 |
9 | | suspend, place on prohibition, reprimand, refuse to issue or |
10 | | renew, or take any other disciplinary or non-disciplinary |
11 | | action against the license or permit issued under this Act to |
12 | | practice as a registered nurse or an advanced practice |
13 | | registered nurse based solely upon the registered nurse or |
14 | | advanced practice registered nurse providing, authorizing, |
15 | | recommending, aiding, assisting, referring for, or otherwise |
16 | | participating in any health care service, so long as the care |
17 | | was otherwise performed in accordance with the laws of this |
18 | | State, regardless of whether the patient was a resident of |
19 | | this State or another state. |
20 | | (b-2) The Department shall not revoke, suspend, summarily |
21 | | suspend, place on prohibition, reprimand, refuse to issue or |
22 | | renew, or take any other disciplinary or non-disciplinary |
23 | | action against the license or permit issued under this Act to |
24 | | practice as a registered nurse or an advanced practice |
25 | | registered nurse based upon the registered nurse's or advanced |
26 | | practice registered nurse's license being revoked or |
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1 | | suspended, or the registered nurse or advanced practice |
2 | | registered nurse being otherwise disciplined by any other |
3 | | state, if that revocation, suspension, or other form of |
4 | | discipline was based solely on the registered nurse or |
5 | | advanced practice registered nurse violating another state's |
6 | | laws
prohibiting the provision of, authorization of, |
7 | | recommendation of, aiding or assisting in, referring for, or |
8 | | participation in any health care service if that health care |
9 | | service as provided would have been lawful and consistent with |
10 | | the standards of conduct for the registered nurse or advanced |
11 | | practice registered nurse if it occurred in Illinois. |
12 | | (b-3) The conduct specified in subsection (b-1) or (b-2) |
13 | | shall not trigger reporting requirements under Section 65-65 |
14 | | or constitute grounds for suspension under Section 70-60. |
15 | | (b-4) An applicant seeking licensure, certification, or |
16 | | authorization pursuant to this Act who has been subject to |
17 | | disciplinary action by a duly authorized professional |
18 | | disciplinary agency of another jurisdiction solely on the |
19 | | basis of having provided, authorized, recommended, aided, |
20 | | assisted, referred for, or otherwise participated in health |
21 | | care shall not be denied such licensure, certification, or |
22 | | authorization, unless the Department determines that such |
23 | | action would have constituted professional misconduct in this |
24 | | State; provided however, that nothing in this Section shall be |
25 | | construed as prohibiting the Department from evaluating the |
26 | | conduct of such applicant and making a determination regarding |
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1 | | the licensure, certification, or authorization to practice a |
2 | | profession under this Act. |
3 | | (c) The determination by a circuit court that a licensee |
4 | | is
subject to
involuntary admission or judicial admission as |
5 | | provided in the Mental
Health and Developmental Disabilities |
6 | | Code, as amended, operates as an
automatic suspension. The |
7 | | suspension will end only upon a finding
by a
court that the |
8 | | patient is no longer subject to involuntary admission or
|
9 | | judicial admission and issues an order so finding and |
10 | | discharging the
patient; and upon the recommendation of the |
11 | | Board to the
Secretary that
the licensee be allowed to resume |
12 | | his or her practice.
|
13 | | (d) The Department may refuse to issue or may suspend or |
14 | | otherwise discipline the
license of any
person who fails to |
15 | | file a return, or to pay the tax, penalty or interest
shown in |
16 | | a filed return, or to pay any final assessment of the tax,
|
17 | | penalty, or interest as required by any tax Act administered |
18 | | by the
Department of Revenue, until such time as the |
19 | | requirements of any
such tax Act are satisfied.
|
20 | | (e) In enforcing this Act, the Department,
upon a showing |
21 | | of a
possible
violation, may compel an individual licensed to |
22 | | practice under this Act or
who has applied for licensure under |
23 | | this Act, to submit
to a mental or physical examination, or |
24 | | both, as required by and at the expense
of the Department. The |
25 | | Department may order the examining physician to
present
|
26 | | testimony concerning the mental or physical examination of the |
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1 | | licensee or
applicant. No information shall be excluded by |
2 | | reason of any common law or
statutory privilege relating to |
3 | | communications between the licensee or
applicant and the |
4 | | examining physician. The examining
physicians
shall be |
5 | | specifically designated by the Department.
The individual to |
6 | | be examined may have, at his or her own expense, another
|
7 | | physician of his or her choice present during all
aspects of |
8 | | this examination. Failure of an individual to submit to a |
9 | | mental
or
physical examination, when directed, shall result in |
10 | | an automatic
suspension without hearing.
|
11 | | All substance-related violations shall mandate an |
12 | | automatic substance abuse assessment. Failure to submit to an |
13 | | assessment by a licensed physician who is certified as an |
14 | | addictionist or an advanced practice registered nurse with |
15 | | specialty certification in addictions may be grounds for an |
16 | | automatic suspension, as defined by rule.
|
17 | | If the Department finds an individual unable to practice |
18 | | or unfit for duty because
of
the
reasons
set forth in this |
19 | | subsection (e), the Department may require that individual
to |
20 | | submit
to
a substance abuse evaluation or treatment by |
21 | | individuals or programs
approved
or designated by the |
22 | | Department, as a condition, term, or restriction
for |
23 | | continued, restored, or
renewed licensure to practice; or, in |
24 | | lieu of evaluation or treatment,
the Department may file, or
|
25 | | the Board may recommend to the Department to file, a complaint |
26 | | to immediately
suspend, revoke, or otherwise discipline the |
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1 | | license of the individual.
An individual whose
license was |
2 | | granted, continued, restored, renewed, disciplined or |
3 | | supervised
subject to such terms, conditions, or restrictions, |
4 | | and who fails to comply
with
such terms, conditions, or |
5 | | restrictions, shall be referred to the Secretary for
a
|
6 | | determination as to whether the individual shall have his or |
7 | | her license
suspended immediately, pending a hearing by the |
8 | | Department.
|
9 | | In instances in which the Secretary immediately suspends a |
10 | | person's license
under this subsection (e), a hearing on that |
11 | | person's license must be convened by
the Department within 15 |
12 | | days after the suspension and completed without
appreciable
|
13 | | delay.
The Department and Board shall have the authority to |
14 | | review the subject
individual's record of
treatment and |
15 | | counseling regarding the impairment to the extent permitted by
|
16 | | applicable federal statutes and regulations safeguarding the |
17 | | confidentiality of
medical records.
|
18 | | An individual licensed under this Act and affected under |
19 | | this subsection (e) shall
be
afforded an opportunity to |
20 | | demonstrate to the Department that he or
she can resume
|
21 | | practice in compliance with nursing standards under the
|
22 | | provisions of his or her license.
|
23 | | (f) The Department may adopt rules to implement the |
24 | | changes made by this amendatory Act of the 102nd General |
25 | | Assembly. |
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 |
2 | | is 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
|
7 | | revoke, suspend, place on probation, reprimand, or take other
|
8 | | disciplinary or non-disciplinary action with regard to any |
9 | | license issued under this Act as the
Department may deem |
10 | | proper, including the issuance of fines not to exceed
$10,000
|
11 | | for each violation, for any one or combination of the |
12 | | following 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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1 | | or renew or may suspend the license of any
person who fails to |
2 | | file a return, or to pay the tax, penalty or interest
shown in |
3 | | a filed return, or to pay any final assessment of the tax,
|
4 | | penalty, or interest as required by any tax Act administered |
5 | | by the
Illinois Department of Revenue, until such time as the |
6 | | requirements of any
such tax Act are satisfied.
|
7 | | (b-1) The Department shall not revoke, suspend, summarily |
8 | | suspend, place on prohibition, reprimand, refuse to issue or |
9 | | renew, or take any other disciplinary or non-disciplinary |
10 | | action against the license or permit issued under this Act to |
11 | | practice as a physician assistant based solely upon the |
12 | | physician assistant providing, authorizing, recommending, |
13 | | aiding, assisting, referring for, or otherwise participating |
14 | | in any health care service, so long as the care was otherwise |
15 | | performed in accordance with the laws of this State, |
16 | | regardless of whether the patient was a resident of this State |
17 | | or another state. |
18 | | (b-2) The Department shall not revoke, suspend, summarily |
19 | | suspend, place on prohibition, reprimand, refuse to issue or |
20 | | renew, or take any other disciplinary or non-disciplinary |
21 | | action against the license or permit issued under this Act to |
22 | | practice as a physician assistant based upon the physician |
23 | | assistant's license being revoked or suspended, or the |
24 | | physician assistant being otherwise disciplined by any other |
25 | | state, if that revocation, suspension, or other form of |
26 | | discipline was based solely on the physician assistant |
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1 | | violating another state's laws prohibiting the provision of, |
2 | | authorization of, recommendation of, aiding or assisting in, |
3 | | referring for, or participation in any health care service if |
4 | | that health care service as provided would have been lawful |
5 | | and consistent with the standards of conduct for the physician |
6 | | assistant if it occurred in Illinois. |
7 | | (b-3) The conduct specified in subsection (b-1) or (b-2) |
8 | | shall not constitute grounds for suspension under Section |
9 | | 22.13. |
10 | | (b-4) An applicant seeking licensure, certification, or |
11 | | authorization pursuant to this Act who has been subject to |
12 | | disciplinary action by a duly authorized professional |
13 | | disciplinary agency of another jurisdiction solely on the |
14 | | basis of having provided, authorized, recommended, aided, |
15 | | assisted, referred for, or otherwise participated in health |
16 | | care shall not be denied such licensure, certification, or |
17 | | authorization, unless the Department determines that such |
18 | | action would have constituted professional misconduct in this |
19 | | State; provided however, that nothing in this Section shall be |
20 | | construed as prohibiting the Department from evaluating the |
21 | | conduct of such applicant and making a determination regarding |
22 | | the licensure, certification, or authorization to practice a |
23 | | profession under this Act. |
24 | | (c) The determination by a circuit court that a licensee |
25 | | is subject to
involuntary admission or judicial admission as |
26 | | provided in the Mental Health
and Developmental Disabilities |
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1 | | Code operates as an automatic suspension.
The
suspension will |
2 | | end only upon a finding by a court that the patient is no
|
3 | | longer subject to involuntary admission or judicial admission |
4 | | and issues an
order so finding and discharging the patient, |
5 | | and upon the
recommendation of
the Disciplinary Board to the |
6 | | Secretary
that the licensee be allowed to resume
his or her |
7 | | practice.
|
8 | | (d) In enforcing this Section, the Department upon a |
9 | | showing of a
possible
violation may compel an individual |
10 | | licensed to practice under this Act, or
who has applied for |
11 | | licensure under this Act, to submit
to a mental or physical |
12 | | examination, or both, which may include a substance abuse or |
13 | | sexual offender evaluation, as required by and at the expense
|
14 | | of the Department. |
15 | | The Department shall specifically designate the examining |
16 | | physician licensed to practice medicine in all of its branches |
17 | | or, if applicable, the multidisciplinary team involved in |
18 | | providing the mental or physical examination or both. The |
19 | | multidisciplinary team shall be led by a physician licensed to |
20 | | practice medicine in all of its branches and may consist of one |
21 | | or more or a combination of physicians licensed to practice |
22 | | medicine in all of its branches, licensed clinical |
23 | | psychologists, licensed clinical social workers, licensed |
24 | | clinical professional counselors, and other professional and |
25 | | administrative staff. Any examining physician or member of the |
26 | | multidisciplinary team may require any person ordered to |
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1 | | submit to an examination pursuant to this Section to submit to |
2 | | any additional supplemental testing deemed necessary to |
3 | | complete any examination or evaluation process, including, but |
4 | | not limited to, blood testing, urinalysis, psychological |
5 | | testing, or neuropsychological testing. |
6 | | The Department may order the examining physician or any |
7 | | member of the multidisciplinary team to provide to the |
8 | | Department any and all records, including business records, |
9 | | that relate to the examination and evaluation, including any |
10 | | supplemental testing performed. |
11 | | The Department may order the examining physician or any |
12 | | member of the multidisciplinary team to
present
testimony |
13 | | concerning the mental or physical examination of the licensee |
14 | | or
applicant. No information, report, record, or other |
15 | | documents in any way related to the examination shall be |
16 | | excluded by reason of any common law or
statutory privilege |
17 | | relating to communications between the licensee or
applicant |
18 | | and the examining physician or any member of the |
19 | | multidisciplinary team. No authorization is necessary from the |
20 | | licensee or applicant ordered to undergo an examination for |
21 | | the examining physician or any member of the multidisciplinary |
22 | | team to provide information, reports, records, or other |
23 | | documents or to provide any testimony regarding the |
24 | | examination and evaluation. |
25 | | The individual to be examined may have, at his or her own |
26 | | expense, another
physician of his or her choice present during |
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1 | | all
aspects of this examination. However, that physician shall |
2 | | be present only to observe and may not interfere in any way |
3 | | with the examination. |
4 | | Failure of an individual to submit to a mental
or
physical |
5 | | examination, when ordered, shall result in an automatic |
6 | | suspension of his or
her
license until the individual submits |
7 | | to the examination.
|
8 | | If the Department finds an individual unable to practice |
9 | | because of
the
reasons
set forth in this Section, the |
10 | | Department may require that individual
to submit
to
care, |
11 | | counseling, or treatment by physicians approved
or designated |
12 | | by the Department, as a condition, term, or restriction
for |
13 | | continued,
reinstated, or
renewed licensure to practice; or, |
14 | | in lieu of care, counseling, or treatment,
the Department may |
15 | | file
a complaint to immediately
suspend, revoke, or otherwise |
16 | | discipline the license of the individual.
An individual whose
|
17 | | license was granted, continued, reinstated, renewed, |
18 | | disciplined, or supervised
subject to such terms, conditions, |
19 | | or restrictions, and who fails to comply
with
such terms, |
20 | | conditions, or restrictions, shall be referred to the |
21 | | Secretary
for
a
determination as to whether the individual |
22 | | shall have his or her license
suspended immediately, pending a |
23 | | hearing by the Department.
|
24 | | In instances in which the Secretary
immediately suspends a |
25 | | person's license
under this Section, a hearing on that |
26 | | person's license must be convened by
the Department within 30
|
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1 | | days after the suspension and completed without
appreciable
|
2 | | delay.
The Department shall have the authority to review the |
3 | | subject
individual's record of
treatment and counseling |
4 | | regarding the impairment to the extent permitted by
applicable |
5 | | federal statutes and regulations safeguarding the |
6 | | confidentiality of
medical records.
|
7 | | An individual licensed under this Act and affected under |
8 | | this Section shall
be
afforded an opportunity to demonstrate |
9 | | to the Department that he or
she can resume
practice in |
10 | | compliance with acceptable and prevailing standards under the
|
11 | | provisions of his or her license.
|
12 | | (e) An individual or organization acting in good faith, |
13 | | and not in a willful and wanton manner, in complying with this |
14 | | Section by providing a report or other information to the |
15 | | Board, by assisting in the investigation or preparation of a |
16 | | report or information, by participating in proceedings of the |
17 | | Board, or by serving as a member of the Board, shall not be |
18 | | subject to criminal prosecution or civil damages as a result |
19 | | of such actions. |
20 | | (f) Members of the Board and the Disciplinary Board shall |
21 | | be indemnified by the State for any actions occurring within |
22 | | the scope of services on the Disciplinary Board or Board, done |
23 | | in good faith and not willful and wanton in nature. The |
24 | | Attorney General shall defend all such actions unless he or |
25 | | she determines either that there would be a conflict of |
26 | | interest in such representation or that the actions complained |
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1 | | of were not in good faith or were willful and wanton. |
2 | | If the Attorney General declines representation, the |
3 | | member has the right to employ counsel of his or her choice, |
4 | | whose fees shall be provided by the State, after approval by |
5 | | the Attorney General, unless there is a determination by a |
6 | | court that the member's actions were not in good faith or were |
7 | | willful and wanton. |
8 | | The member must notify the Attorney General within 7 days |
9 | | after receipt of notice of the initiation of any action |
10 | | involving services of the Disciplinary Board. Failure to so |
11 | | notify the Attorney General constitutes an absolute waiver of |
12 | | the right to a defense and indemnification. |
13 | | The Attorney General shall determine, within 7 days after |
14 | | receiving such notice, whether he or she will undertake to |
15 | | represent the member. |
16 | | (g) The Department may adopt rules to implement the |
17 | | changes made by this amendatory Act of the 102nd General |
18 | | Assembly. |
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 |
21 | | Practice 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, |
2 | | or may suspend,
revoke, place on probation, reprimand, or take
|
3 | | any other disciplinary or non-disciplinary action deemed |
4 | | appropriate by the Department, including the
imposition of |
5 | | fines not to exceed $10,000
for each violation, with regard to |
6 | | any
license issued under the provisions of this Act for any one |
7 | | or 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 |
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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 |
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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 |
24 | | suspend, place on prohibition, reprimand, refuse to issue or |
25 | | renew, or take any other disciplinary or non-disciplinary |
26 | | action against a license or permit issued under this Act based |
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1 | | solely upon the licensed clinical social worker authorizing, |
2 | | recommending, aiding, assisting, referring for, or otherwise |
3 | | participating in any health care service, so long as the care |
4 | | was otherwise performed in accordance with the laws of this |
5 | | State, regardless of whether the patient was a resident of |
6 | | this State or another state. |
7 | | (2.2) The Department shall not revoke, suspend, summarily |
8 | | suspend, place on prohibition, reprimand, refuse to issue or |
9 | | renew, or take any other disciplinary or non-disciplinary |
10 | | action against the license or permit issued under this Act to |
11 | | practice as a licensed clinical social worker based upon the |
12 | | licensed clinical social worker's license being revoked or |
13 | | suspended, or the licensed clinical social worker being |
14 | | otherwise disciplined by any other state, if that revocation, |
15 | | suspension, or other form of discipline was based solely on |
16 | | the licensed clinical social worker violating another state's |
17 | | laws prohibiting the provision of, authorization of, |
18 | | recommendation of, aiding or assisting in, referring for, or |
19 | | participation in any health care service if that health care |
20 | | service as provided would have been lawful and consistent with |
21 | | the standards of conduct for the licensed clinical social |
22 | | worker if it occurred in Illinois. |
23 | | (2.3) The conduct specified in subsection (2.1) or (2.2) |
24 | | shall not constitute grounds for suspension under Section 32. |
25 | | (2.4) An applicant seeking licensure, certification, or |
26 | | authorization pursuant to this Act who has been subject to |
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1 | | disciplinary action by a duly authorized professional |
2 | | disciplinary agency of another jurisdiction solely on the |
3 | | basis of having authorized, recommended, aided, assisted, |
4 | | referred for, or otherwise participated in health care shall |
5 | | not be denied such licensure, certification, or authorization, |
6 | | unless the Department determines that such action would have |
7 | | constituted professional misconduct in this State; provided |
8 | | however, that nothing in this Section shall be construed as |
9 | | prohibiting the Department from evaluating the conduct of such |
10 | | applicant and making a determination regarding the licensure, |
11 | | certification, or authorization to practice a profession under |
12 | | this Act.
|
13 | | (3) The determination by a court that a licensee is |
14 | | subject to
involuntary
admission or judicial admission as |
15 | | provided in the Mental Health and
Developmental Disabilities |
16 | | Code, will result in an automatic suspension of his
license. |
17 | | Such suspension will end upon a finding by a court that the |
18 | | licensee
is no longer subject to involuntary admission or |
19 | | judicial admission and issues
an order so finding and |
20 | | discharging the patient, and upon the recommendation of
the |
21 | | Board to the Secretary that the licensee be allowed to resume |
22 | | professional
practice.
|
23 | | (4) The Department shall refuse to issue or renew or may |
24 | | suspend the license of a
person who (i) fails to file a return, |
25 | | pay the tax, penalty, or interest shown in a
filed return, or |
26 | | pay any final assessment of tax, penalty, or interest, as
|
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1 | | required by any tax Act administered by the Department of |
2 | | Revenue,
until the requirements of the tax Act are satisfied |
3 | | or (ii) has failed to pay any court-ordered child support as |
4 | | determined by a court order or by
referral from the Department |
5 | | of Healthcare and Family Services.
|
6 | | (5)(a) In enforcing this Section, the Department or Board, |
7 | | upon a showing of a possible
violation, may compel a person |
8 | | licensed to practice under this Act, or
who has applied for |
9 | | licensure under this Act, to submit
to a mental or physical |
10 | | examination, or both, which may include a substance abuse or |
11 | | sexual offender evaluation, as required by and at the expense
|
12 | | of the Department. |
13 | | (b) The Department shall specifically designate the |
14 | | examining physician licensed to practice medicine in all of |
15 | | its branches or, if applicable, the multidisciplinary team |
16 | | involved in providing the mental or physical examination or |
17 | | both. The multidisciplinary team shall be led by a physician |
18 | | licensed to practice medicine in all of its branches and may |
19 | | consist of one or more or a combination of physicians licensed |
20 | | to practice medicine in all of its branches, licensed clinical |
21 | | psychologists, licensed clinical social workers, licensed |
22 | | clinical professional counselors, and other professional and |
23 | | administrative staff. Any examining physician or member of the |
24 | | multidisciplinary team may require any person ordered to |
25 | | submit to an examination pursuant to this Section to submit to |
26 | | any additional supplemental testing deemed necessary to |
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1 | | complete any examination or evaluation process, including, but |
2 | | not limited to, blood testing, urinalysis, psychological |
3 | | testing, or neuropsychological testing.
|
4 | | (c) The Board or the Department may order the examining |
5 | | physician or any member of the multidisciplinary team
to |
6 | | present testimony concerning this mental or physical
|
7 | | examination
of the licensee or applicant. No information, |
8 | | report, record, or other documents in any way related to the |
9 | | examination shall be excluded by reason of
any common law or |
10 | | statutory privilege relating to communications between the
|
11 | | licensee or applicant and the examining physician or any |
12 | | member of the multidisciplinary team.
No authorization is |
13 | | necessary from the licensee or applicant ordered to undergo an |
14 | | examination for the examining physician or any member of the |
15 | | multidisciplinary team to provide information, reports, |
16 | | records, or other documents or to provide any testimony |
17 | | regarding the examination and evaluation. |
18 | | (d) The person to be examined may have, at his or her own |
19 | | expense, another
physician of his or her choice present during |
20 | | all
aspects of the examination. However, that physician shall |
21 | | be present only to observe and may not interfere in any way |
22 | | with the examination. |
23 | | (e) Failure of any person to submit to a mental or
physical |
24 | | examination without reasonable cause, when ordered, shall |
25 | | result in an automatic suspension of his or her
license until |
26 | | the person submits to the examination.
|
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1 | | (f) If the Department or Board finds a person unable to |
2 | | practice because of the reasons
set forth in this Section, the |
3 | | Department or Board may require that person to submit to
care, |
4 | | counseling, or treatment by physicians
approved
or designated |
5 | | by the Department or Board, as a condition, term, or |
6 | | restriction for continued,
reinstated, or
renewed licensure to |
7 | | practice; or, in lieu of care, counseling or treatment,
the |
8 | | Department may file, or the
Board may recommend to the |
9 | | Department to file, a complaint to immediately
suspend, |
10 | | revoke, or otherwise discipline the license of the person.
Any |
11 | | person whose
license was granted, continued, reinstated, |
12 | | renewed, disciplined or supervised
subject to such terms, |
13 | | conditions or restrictions, and who fails to comply with
such |
14 | | terms, conditions, or restrictions, shall be referred to the |
15 | | Secretary for
a
determination as to whether the person shall |
16 | | have his or her license
suspended immediately, pending a |
17 | | hearing by the Department.
|
18 | | (g) All fines imposed shall be paid within 60 days after |
19 | | the effective date of the order imposing the fine or in |
20 | | accordance with the terms set forth in the order imposing the |
21 | | fine. |
22 | | In instances in which the Secretary immediately suspends a |
23 | | person's license
under this Section, a hearing on that |
24 | | person's license must be convened by
the Department within 30 |
25 | | days after the suspension and completed without appreciable
|
26 | | delay.
The Department and Board shall have the authority to |
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1 | | review the subject person's record of
treatment and counseling |
2 | | regarding the impairment, to the extent permitted by
|
3 | | applicable federal statutes and regulations safeguarding the |
4 | | confidentiality of
medical records.
|
5 | | A person licensed under this Act and affected under this |
6 | | Section shall
be
afforded an opportunity to demonstrate to the |
7 | | Department or Board that he or she can resume
practice in |
8 | | compliance with acceptable and prevailing standards under the
|
9 | | provisions of his or her license.
|
10 | | (6) The Department may adopt rules to implement the |
11 | | changes made by this amendatory Act of the 102nd General |
12 | | Assembly. |
13 | | (Source: P.A. 100-414, eff. 8-25-17.)
|
14 | | Section 9-25. The Pharmacy Practice Act is amended by |
15 | | changing 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 |
19 | | discipline. |
20 | | (a) The Department may refuse to issue or renew, or may |
21 | | revoke a license, or may suspend, place on probation, fine, or |
22 | | take any disciplinary or non-disciplinary action as the |
23 | | Department may deem proper, including fines not to exceed |
24 | | $10,000 for each violation, with regard to any licensee for |
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1 | | any 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 |
|
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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 |
|
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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
|
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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 |
16 | | license of any person who fails to file a return, or to pay the |
17 | | tax,
penalty or interest shown in a filed return, or to pay any |
18 | | final assessment
of tax, penalty or interest, as required by |
19 | | any tax Act administered by the
Illinois Department of |
20 | | Revenue, until such time as the requirements of any
such tax |
21 | | Act are satisfied.
|
22 | | (c) The Department shall revoke any license issued under |
23 | | the provisions of this Act or any prior Act of
this State of |
24 | | any person who has been convicted a second time of committing
|
25 | | any felony under the Illinois Controlled Substances Act, or |
26 | | who
has been convicted a second time of committing a Class 1 |
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1 | | felony under
Sections 8A-3 and 8A-6 of the Illinois Public Aid |
2 | | Code. A
person whose license issued under the
provisions of |
3 | | this Act or any prior Act of this State is revoked under this
|
4 | | subsection (c) shall be prohibited from engaging in the |
5 | | practice of
pharmacy in this State.
|
6 | | (c-1) The Department shall not revoke, suspend, summarily |
7 | | suspend, place on prohibition, reprimand, refuse to issue or |
8 | | renew, or take any other disciplinary or non-disciplinary |
9 | | action against the license or permit issued under this Act to |
10 | | practice as a pharmacist, registered pharmacy technician, or |
11 | | registered certified pharmacy technician based solely upon the |
12 | | pharmacist, registered pharmacy technician, or registered |
13 | | certified pharmacy technician providing, authorizing, |
14 | | recommending, aiding, assisting, referring for, or otherwise |
15 | | participating in any health care service, so long as the care |
16 | | was otherwise performed in accordance with the laws of this |
17 | | State, regardless of whether the patient was a resident of |
18 | | this State or another state. |
19 | | (c-2) The Department shall not revoke, suspend, summarily |
20 | | suspend, place on prohibition, reprimand, refuse to issue or |
21 | | renew, or take any other disciplinary or non-disciplinary |
22 | | action against the license or permit issued under this Act to |
23 | | practice as a pharmacist, registered pharmacy technician, or |
24 | | registered certified pharmacy technician based upon the |
25 | | pharmacist's, registered pharmacy technician's, or registered |
26 | | certified pharmacy technician's license being revoked or |
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1 | | suspended, or the pharmacist being otherwise disciplined by |
2 | | any other state, if that revocation, suspension, or other form |
3 | | of discipline was based solely on the pharmacist, registered |
4 | | pharmacy technician, or registered certified pharmacy |
5 | | technician violating another state's laws prohibiting the |
6 | | provision of, authorization of, recommendation of, aiding or |
7 | | assisting in, referring for, or participation in any health |
8 | | care service if that health care service as provided would |
9 | | have been lawful and consistent with the standards of conduct |
10 | | for the pharmacist, registered pharmacy technician, or |
11 | | registered certified pharmacy technician if it occurred in |
12 | | Illinois. |
13 | | (c-3) The conduct specified in subsection (c-1) or (c-2) |
14 | | shall not constitute grounds for suspension under Section |
15 | | 35.16. |
16 | | (c-4) An applicant seeking licensure, certification, or |
17 | | authorization pursuant to this Act who has been subject to |
18 | | disciplinary action by a duly authorized professional |
19 | | disciplinary agency of another jurisdiction solely on the |
20 | | basis of having provided, authorized, recommended, aided, |
21 | | assisted, referred for, or otherwise participated in health |
22 | | care shall not be denied such licensure, certification, or |
23 | | authorization, unless the Department determines that such |
24 | | action would have constituted professional misconduct in this |
25 | | State; provided however, that nothing in this Section shall be |
26 | | construed as prohibiting the Department from evaluating the |
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1 | | conduct of such applicant and making a determination regarding |
2 | | the licensure, certification, or authorization to practice a |
3 | | profession under this Act. |
4 | | (d) Fines may be imposed in conjunction with other forms |
5 | | of disciplinary action, but shall not be the exclusive |
6 | | disposition of any disciplinary action arising out of conduct |
7 | | resulting in death or injury to a patient. Fines shall be paid |
8 | | within 60 days or as otherwise agreed to by the Department. Any |
9 | | funds collected from such fines shall be deposited in the |
10 | | Illinois State Pharmacy Disciplinary Fund.
|
11 | | (e) The entry of an order or judgment by any circuit court |
12 | | establishing that any person holding a license or certificate |
13 | | under this Act is a person in need of mental treatment operates |
14 | | as a suspension of that license. A licensee may resume his or |
15 | | her practice only upon the entry of an order of the Department |
16 | | based upon a finding by the Board that he or she has been |
17 | | determined to be recovered from mental illness by the court |
18 | | and upon the Board's recommendation that the licensee be |
19 | | permitted to resume his or her practice.
|
20 | | (f) The Department shall issue quarterly to the Board a |
21 | | status of all
complaints related to the profession received by |
22 | | the Department.
|
23 | | (g) In enforcing this Section, the Board or the |
24 | | Department, upon a showing of a possible violation, may compel |
25 | | any licensee or applicant for licensure under this Act to |
26 | | submit to a mental or physical examination or both, as |
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1 | | required by and at the expense of the Department. The |
2 | | examining physician, or multidisciplinary team involved in |
3 | | providing physical and mental examinations led by a physician |
4 | | consisting of one or a combination of licensed physicians, |
5 | | licensed clinical psychologists, licensed clinical social |
6 | | workers, licensed clinical professional counselors, and other |
7 | | professional and administrative staff, shall be those |
8 | | specifically designated by the Department. The Board or the |
9 | | Department may order the examining physician or any member of |
10 | | the multidisciplinary team to present testimony concerning |
11 | | this mental or physical examination of the licensee or |
12 | | applicant. No information, report, or other documents in any |
13 | | way related to the examination shall be excluded by reason of |
14 | | any common law or statutory privilege relating to |
15 | | communication between the licensee or applicant and the |
16 | | examining physician or any member of the multidisciplinary |
17 | | team. The individual to be examined may have, at his or her own |
18 | | expense, another physician of his or her choice present during |
19 | | all aspects of the examination. Failure of any individual to |
20 | | submit to a mental or physical examination when directed shall |
21 | | result in the automatic suspension of his or her license until |
22 | | such time as the individual submits to the examination. If the |
23 | | Board or Department finds a pharmacist, registered certified |
24 | | pharmacy technician, or registered pharmacy technician unable |
25 | | to practice because of the reasons set forth in this Section, |
26 | | the Board or Department shall require such pharmacist, |
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1 | | registered certified pharmacy technician, or registered |
2 | | pharmacy technician to submit to care, counseling, or |
3 | | treatment by physicians or other appropriate health care |
4 | | providers approved or designated by the Department as a |
5 | | condition for continued, restored, or renewed licensure to |
6 | | practice. Any pharmacist, registered certified pharmacy |
7 | | technician, or registered pharmacy technician whose license |
8 | | was granted, continued, restored, renewed, disciplined, or |
9 | | supervised, subject to such terms, conditions, or |
10 | | restrictions, and who fails to comply with such terms, |
11 | | conditions, or restrictions or to complete a required program |
12 | | of care, counseling, or treatment, as determined by the chief |
13 | | pharmacy coordinator, shall be referred to the Secretary for a |
14 | | determination as to whether the licensee shall have his or her |
15 | | license suspended immediately, pending a hearing by the Board. |
16 | | In instances in which the Secretary immediately suspends a |
17 | | license under this subsection (g), a hearing upon such |
18 | | person's license must be convened by the Board within 15 days |
19 | | after such suspension and completed without appreciable delay. |
20 | | The Department and Board shall have the authority to review |
21 | | the subject pharmacist's, registered certified pharmacy |
22 | | technician's, or registered pharmacy technician's record of |
23 | | treatment and counseling regarding the impairment.
|
24 | | (h) An individual or organization acting in good faith, |
25 | | and not in a willful and wanton manner, in complying with this |
26 | | Section by providing a report or other information to the |
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1 | | Board, by assisting in the investigation or preparation of a |
2 | | report or information, by participating in proceedings of the |
3 | | Board, or by serving as a member of the Board shall not, as a |
4 | | result of such actions, be subject to criminal prosecution or |
5 | | civil damages. Any person who reports a violation of this |
6 | | Section to the Department is protected under subsection (b) of |
7 | | Section 15 of the Whistleblower Act. |
8 | | (i) Members of the Board shall have no liability in any |
9 | | action based upon any disciplinary proceedings or other |
10 | | activity performed in good faith as a member of the Board. The |
11 | | Attorney General shall defend all such actions unless he or |
12 | | she determines either that there would be a conflict of |
13 | | interest in such representation or that the actions complained |
14 | | of were not in good faith or were willful and wanton. |
15 | | If the Attorney General declines representation, the |
16 | | member shall have the right to employ counsel of his or her |
17 | | choice, whose fees shall be provided by the State, after |
18 | | approval by the Attorney General, unless there is a |
19 | | determination by a court that the member's actions were not in |
20 | | good faith or were willful and wanton. |
21 | | The member must notify the Attorney General within 7 days |
22 | | of receipt of notice of the initiation of any action involving |
23 | | services of the Board. Failure to so notify the Attorney |
24 | | General shall constitute an absolute waiver of the right to a |
25 | | defense and indemnification. |
26 | | The Attorney General shall determine, within 7 days after |
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1 | | receiving such notice, whether he or she will undertake to |
2 | | represent the member. |
3 | | (j) The Department may adopt rules to implement the |
4 | | changes made by this amendatory Act of the 102nd General |
5 | | Assembly. |
6 | | (Source: P.A. 101-621, eff. 1-1-20; 102-882, eff. 1-1-23; |
7 | | revised 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 |
12 | | technician, or a registered pharmacy technician licensed by |
13 | | the Department is terminated for actions which may have |
14 | | threatened patient safety, the pharmacy or |
15 | | pharmacist-in-charge, pursuant to the policies and procedures |
16 | | of the pharmacy at which he or she is employed, shall report |
17 | | the termination to the chief pharmacy coordinator. Such |
18 | | reports shall be strictly confidential and may be reviewed and |
19 | | considered only by the members of the Board or by authorized |
20 | | Department staff. Such reports, and any records associated |
21 | | with such reports, are exempt from public disclosure and the |
22 | | Freedom of Information Act. Although the reports are exempt |
23 | | from disclosure, any formal complaint filed against a licensee |
24 | | or registrant by the Department or any order issued by the |
25 | | Department against a licensee, registrant, or applicant shall |
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1 | | be a public record, except as otherwise prohibited by law. A |
2 | | pharmacy shall not take any adverse action, including, but not |
3 | | limited to, disciplining or terminating a pharmacist, |
4 | | registered certified pharmacy technician, or registered |
5 | | pharmacy technician, as a result of an adverse action against |
6 | | the person's license or clinical privileges or other |
7 | | disciplinary action by another state or health care |
8 | | institution that resulted from the pharmacist's, registered |
9 | | certified pharmacy technician's, or registered pharmacy |
10 | | technician's provision of, authorization of, recommendation |
11 | | of, aiding or assistance with, referral for, or participation |
12 | | in any health care service, if the adverse action was based |
13 | | solely on a violation of the other state's law prohibiting the |
14 | | provision such health care and related services in the state |
15 | | or for a resident of the state. |
16 | | (b) The report shall be submitted to the chief pharmacy |
17 | | coordinator in a timely fashion. Unless otherwise provided in |
18 | | this Section, the reports shall be filed in writing, on forms |
19 | | provided by the Department, within 60 days after a pharmacy's |
20 | | determination that a report is required under this Act. All |
21 | | reports 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 |
5 | | with such report shall be strictly confidential and may only |
6 | | be 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 |
21 | | report and provides any records associated with that report to |
22 | | the Department, acts in good faith, and not in a willful and |
23 | | wanton manner, the person or entity making the report and the |
24 | | pharmacy or health care institution employing him or her shall |
25 | | not, as a result of such actions, be subject to criminal |
26 | | prosecution or civil damages.
|
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1 | | (e) The Department may adopt rules to implement the |
2 | | changes made by this amendatory Act of the 102nd General |
3 | | Assembly. |
4 | | (Source: P.A. 99-863, eff. 8-19-16 .) |
5 | | Section 9-30. The Genetic Counselor Licensing Act is |
6 | | amended 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 |
11 | | revoke, suspend, place on probation, reprimand, or take other |
12 | | disciplinary or non-disciplinary action as the Department |
13 | | deems appropriate, including the issuance of fines not to |
14 | | exceed $10,000 for each violation, with regard to any license |
15 | | for 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 |
25 | | suspend, place on prohibition, reprimand, refuse to issue or |
26 | | renew, or take any other disciplinary or non-disciplinary |
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1 | | action against the license or permit issued under this Act to |
2 | | practice as a genetic counselor based solely upon the genetic |
3 | | counselor authorizing, recommending, aiding, assisting, |
4 | | referring for, or otherwise participating in any health care |
5 | | service, so long as the care was otherwise performed in |
6 | | accordance with the laws of this State, regardless of whether |
7 | | the patient was a resident of this State or another state. |
8 | | (b-2) The Department shall not revoke, suspend, summarily |
9 | | suspend, place on prohibition, reprimand, refuse to issue or |
10 | | renew, or take any other disciplinary or non-disciplinary |
11 | | action against the license or permit issued under this Act to |
12 | | practice as a genetic counselor based upon the genetic |
13 | | counselor's license being revoked or suspended, or the genetic |
14 | | counselor being otherwise disciplined by any other state, if |
15 | | that revocation, suspension, or other form of discipline was |
16 | | based solely on the genetic counselor violating another |
17 | | state's laws prohibiting the provision of, authorization of, |
18 | | recommendation of, aiding or assisting in, referring for, or |
19 | | participation in any health care service if that health care |
20 | | service as provided would have been lawful and consistent with |
21 | | the standards of conduct for the genetic counselor if it |
22 | | occurred in Illinois. |
23 | | (b-3) The conduct specified in subsection (b-1) or (b-2) |
24 | | shall not constitute grounds for suspension under Section 160. |
25 | | (b-4) An applicant seeking licensure, certification, or |
26 | | authorization pursuant to this Act who has been subject to |
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1 | | disciplinary action by a duly authorized professional |
2 | | disciplinary agency of another jurisdiction solely on the |
3 | | basis of having authorized, recommended, aided, assisted, |
4 | | referred for, or otherwise participated in health care shall |
5 | | not be denied such licensure, certification, or authorization, |
6 | | unless the Department determines that such action would have |
7 | | constituted professional misconduct in this State; provided |
8 | | however, that nothing in this Section shall be construed as |
9 | | prohibiting the Department from evaluating the conduct of such |
10 | | applicant and making a determination regarding the licensure, |
11 | | certification, or authorization to practice a profession under |
12 | | this Act.
|
13 | | (c) The determination by a court that a licensee is |
14 | | subject to involuntary admission or judicial admission as |
15 | | provided in the Mental Health and Developmental Disabilities |
16 | | Code will result in an automatic suspension of his or her |
17 | | license. The suspension will end upon a finding by a court that |
18 | | the licensee is no longer subject to involuntary admission or |
19 | | judicial admission, the issuance of an order so finding and |
20 | | discharging the patient, and the determination of the |
21 | | Secretary that the licensee be allowed to resume professional |
22 | | practice. |
23 | | (d) The Department may refuse to issue or renew or may |
24 | | suspend without hearing the license of any person who fails to |
25 | | file a return, to pay the tax penalty or interest shown in a |
26 | | filed return, or to pay any final assessment of the tax, |
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1 | | penalty, or interest as required by any Act regarding the |
2 | | payment of taxes administered by the Illinois Department of |
3 | | Revenue until the requirements of the Act are satisfied in |
4 | | accordance with subsection (g) of Section 2105-15 of the Civil |
5 | | Administrative Code of Illinois. |
6 | | (e) In cases where the Department of Healthcare and Family |
7 | | Services has previously determined that a licensee or a |
8 | | potential licensee is more than 30 days delinquent in the |
9 | | payment of child support and has subsequently certified the |
10 | | delinquency to the Department, the Department may refuse to |
11 | | issue or renew or may revoke or suspend that person's license |
12 | | or may take other disciplinary action against that person |
13 | | based solely upon the certification of delinquency made by the |
14 | | Department of Healthcare and Family Services in accordance |
15 | | with item (5) of subsection (a) of Section 2105-15 of the |
16 | | Department of Professional Regulation Law of the Civil |
17 | | Administrative Code of Illinois. |
18 | | (f) All fines or costs imposed under this Section shall be |
19 | | paid within 60 days after the effective date of the order |
20 | | imposing the fine or costs or in accordance with the terms set |
21 | | forth in the order imposing the fine.
|
22 | | (g) The Department may adopt rules to implement the |
23 | | changes made by this amendatory Act of the 102nd General |
24 | | Assembly. |
25 | | (Source: P.A. 99-173, eff. 7-29-15; 99-633, eff. 1-1-17; |
26 | | 100-201, eff. 8-18-17; 100-513, eff. 1-1-18; 100-872, eff. |
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1 | | 8-14-18.) |
2 | | Section 9-35. The Clinical Psychologist Licensing Act is |
3 | | amended 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, |
8 | | suspend,
or revoke any license, or may place on probation, |
9 | | reprimand, or
take other disciplinary or non-disciplinary |
10 | | action deemed appropriate by the Department,
including the |
11 | | imposition of fines not to exceed $10,000 for each violation,
|
12 | | with regard to any license issued under the provisions of this |
13 | | Act 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 |
20 | | that any person
holding a license under this Act is subject to |
21 | | involuntary admission or
judicial admission as provided for in |
22 | | the Mental Health and Developmental
Disabilities Code, |
23 | | operates as an automatic suspension of that license. That
|
24 | | person may have his or her license restored only upon the |
25 | | determination by
a circuit
court that the patient is no longer |
26 | | subject to involuntary admission or
judicial admission and the |
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1 | | issuance of an order so finding and discharging the
patient |
2 | | and upon the Board's recommendation to the
Department that the
|
3 | | license be restored. Where the circumstances so indicate, the |
4 | | Board may
recommend to the Department that it require an |
5 | | examination prior to restoring
any license so automatically |
6 | | suspended.
|
7 | | The Department shall refuse to issue or suspend the |
8 | | license of any person
who fails to file a return, or to pay the |
9 | | tax, penalty or interest shown in
a filed return, or to pay any |
10 | | final assessment of the tax penalty or
interest, as required |
11 | | by any tax Act administered by the Illinois
Department of |
12 | | Revenue, until such time as the requirements of any such tax
|
13 | | Act are satisfied.
|
14 | | In enforcing this Section, the Department or Board upon a |
15 | | showing of a possible
violation may compel any person licensed |
16 | | to practice under this Act, or
who has applied for licensure or |
17 | | certification pursuant to this Act, to submit
to a mental or |
18 | | physical examination, or both, as required by and at the |
19 | | expense
of the Department. The examining physicians or |
20 | | clinical psychologists
shall be those specifically designated |
21 | | by the Department.
The Board or the Department may order the |
22 | | examining physician or clinical
psychologist to present |
23 | | testimony concerning this mental or physical
examination
of |
24 | | the licensee or applicant. No information shall be excluded by |
25 | | reason of
any common law or statutory privilege relating to |
26 | | communications between the
licensee or applicant and the |
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1 | | examining physician or clinical psychologist.
The person to be |
2 | | examined may have, at his or her own expense, another
|
3 | | physician or clinical psychologist of his or her choice |
4 | | present during all
aspects of the examination. Failure of any |
5 | | person to submit to a mental or
physical examination, when |
6 | | directed, shall be grounds for suspension of a
license until |
7 | | the person submits to the examination if the Department or |
8 | | Board finds,
after notice and hearing, that the refusal to |
9 | | submit to the examination was
without reasonable cause.
|
10 | | If the Department or Board finds a person unable to |
11 | | practice because of the reasons
set forth in this Section, the |
12 | | Department or Board may require that person to submit to
care, |
13 | | counseling or treatment by physicians or clinical |
14 | | psychologists approved
or designated by the Department, as a |
15 | | condition, term, or restriction for continued,
reinstated, or
|
16 | | renewed licensure to practice; or, in lieu of care, counseling |
17 | | or treatment,
the
Board may recommend to the Department to |
18 | | file or the Department may file a complaint to immediately
|
19 | | suspend, revoke or otherwise discipline the license of the |
20 | | person.
Any person whose
license was granted, continued, |
21 | | reinstated, renewed, disciplined or supervised
subject to such |
22 | | terms, conditions or restrictions, and who fails to comply |
23 | | with
such terms, conditions or restrictions, shall be referred |
24 | | to the Secretary for a
determination as to whether the person |
25 | | shall have his or her license
suspended immediately, pending a |
26 | | hearing by the Board.
|
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1 | | In instances in which the Secretary immediately suspends a |
2 | | person's license
under this Section, a hearing on that |
3 | | person's license must be convened by
the Board within 15 days |
4 | | after the suspension and completed without appreciable
delay.
|
5 | | The Board shall have the authority to review the subject |
6 | | person's record of
treatment and counseling regarding the |
7 | | impairment, to the extent permitted by
applicable federal |
8 | | statutes and regulations safeguarding the confidentiality of
|
9 | | medical records.
|
10 | | A person licensed under this Act and affected under this |
11 | | Section shall
be
afforded an opportunity to demonstrate to the |
12 | | Board that he or she can resume
practice in compliance with |
13 | | acceptable and prevailing standards under the
provisions of |
14 | | his or her license. |
15 | | (b) The Department shall not revoke, suspend, summarily |
16 | | suspend, place on prohibition, reprimand, refuse to issue or |
17 | | renew, or take any other disciplinary or non-disciplinary |
18 | | action against a license or permit issued under this Act based |
19 | | solely upon the licensed clinical psychologist recommending, |
20 | | aiding, assisting, referring for, or participating in any |
21 | | health care service, so long as the care was otherwise |
22 | | performed in accordance with the laws of this State, |
23 | | regardless of whether the patient was a resident of this State |
24 | | or another state. |
25 | | (c) The Department shall not revoke, suspend, place on |
26 | | prohibition, reprimand, refuse to issue or renew, or take any |
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1 | | other disciplinary or non-disciplinary action against the |
2 | | license or permit issued under this Act to practice as a |
3 | | licensed clinical psychologist based upon the licensed |
4 | | clinical psychologist's license being revoked or suspended, or |
5 | | the licensed clinical psychologist being otherwise disciplined |
6 | | by any other state, if that revocation, suspension, or other |
7 | | form of discipline was based solely on the licensed clinical |
8 | | psychologist violating another state's laws prohibiting the |
9 | | provision of, authorization of, recommendation of, aiding or |
10 | | assisting in, referring for, or participation in any health |
11 | | care service if that health care service as provided would |
12 | | have been lawful and consistent with the standards of conduct |
13 | | for the licensed clinical psychologist if it occurred in |
14 | | Illinois. |
15 | | (d) The conduct specified in subsection (b) or (c) shall |
16 | | not constitute grounds for suspension under Section 21.6. |
17 | | (e) The Department shall not revoke, suspend, summarily |
18 | | suspend, place on prohibition, reprimand, refuse to issue or |
19 | | renew, or take any other disciplinary or non-disciplinary |
20 | | action against the license or permit issued under this Act to |
21 | | practice as a licensed clinical psychologist based solely upon |
22 | | the license of a licensed clinical psychologist being revoked |
23 | | or the licensed clinical psychologist being otherwise |
24 | | disciplined by any other state or territory other than |
25 | | Illinois for the referral for or having otherwise participated |
26 | | in any health care service, if the revocation or disciplinary |
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1 | | action was based solely on a violation of the other state's law |
2 | | prohibiting related sexual or reproductive healthcare or |
3 | | gender-affirming care services in the state, for a resident of |
4 | | the state, or in any other state. Illinois retains the ability |
5 | | to discipline a licensed clinical psychologist for care |
6 | | provided that would otherwise constitute dishonorable, |
7 | | unethical, or unprofessional conduct or gross negligence under |
8 | | this Act and correlating rules.
|
9 | | (f) The Department may adopt rules to implement the |
10 | | changes made by this amendatory Act of the 102nd General |
11 | | Assembly. |
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 |
14 | | Act 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, |
19 | | or may revoke, suspend, reprimand, place on probation, or take |
20 | | any other
disciplinary or non-disciplinary action as the |
21 | | Department may deem proper, including the imposition of fines |
22 | | not
to exceed $10,000
for each violation, with regard to any |
23 | | license issued under the provisions of this Act for any one or
|
24 | | combination 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 |
25 | | suspend, place on prohibition, reprimand, refuse to issue or |
26 | | renew, or take any other disciplinary or non-disciplinary |
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1 | | action against the license or permit issued under this Act to |
2 | | practice as a marriage and family therapist or associate |
3 | | licensed marriage and family therapist based solely upon the |
4 | | marriage and family therapist or associate licensed marriage |
5 | | and family therapist authorizing, recommending, aiding, |
6 | | assisting, referring for, or otherwise participating in any |
7 | | health care service, so long as the care was otherwise |
8 | | performed in accordance with the laws of this State, |
9 | | regardless of whether the patient was a resident of this State |
10 | | or another state. |
11 | | (b-2) The Department shall not revoke, suspend, summarily |
12 | | suspend, place on prohibition, reprimand, refuse to issue or |
13 | | renew, or take any other disciplinary or non-disciplinary |
14 | | action against the license or permit issued under this Act to |
15 | | practice as a marriage and family therapist or associate |
16 | | licensed marriage and family therapist based upon the marriage |
17 | | and family therapist's or associate licensed marriage and |
18 | | family therapist's license being revoked or suspended, or the |
19 | | marriage and family therapist or associate licensed marriage |
20 | | and family therapist being otherwise disciplined by any other |
21 | | state, if that revocation, suspension, or other form of |
22 | | discipline was based solely on the marriage and family |
23 | | therapist or associate licensed marriage and family therapist |
24 | | violating another state's laws prohibiting the provision of, |
25 | | authorization of, recommendation of, aiding or assisting in, |
26 | | referring for, or participation in any health care service if |
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1 | | that health care service as provided would have been lawful |
2 | | and consistent with the standards of conduct for the marriage |
3 | | and family therapist or associate licensed marriage and family |
4 | | therapist if it occurred in Illinois. |
5 | | (b-3) The conduct specified in subsection (b-1) or (b-2) |
6 | | shall not constitute grounds for suspension under Section 145. |
7 | | (b-4) An applicant seeking licensure, certification, or |
8 | | authorization pursuant to this Act who has been subject to |
9 | | disciplinary action by a duly authorized professional |
10 | | disciplinary agency of another jurisdiction solely on the |
11 | | basis of having authorized, recommended, aided, assisted, |
12 | | referred for, or otherwise participated in health care shall |
13 | | not be denied such licensure, certification, or authorization, |
14 | | unless the Department determines that such action would have |
15 | | constituted professional misconduct in this State; provided |
16 | | however, that nothing in this Section shall be construed as |
17 | | prohibiting the Department from evaluating the conduct of such |
18 | | applicant and making a determination regarding the licensure, |
19 | | certification, or authorization to practice a profession under |
20 | | this Act.
|
21 | | (c) The determination by a circuit court that a licensee |
22 | | is subject to
involuntary admission or judicial admission, as |
23 | | provided in the Mental
Health and Developmental Disabilities |
24 | | Code, operates as an automatic
suspension. The suspension will |
25 | | terminate only upon a finding by a court
that the patient is no |
26 | | longer subject to involuntary admission or judicial
admission |
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1 | | and the issuance of an order so finding and discharging the
|
2 | | patient, and upon the recommendation of the Board to the |
3 | | Secretary
that the
licensee be allowed to resume his or her |
4 | | practice as a licensed marriage
and family therapist or an |
5 | | associate licensed marriage and family therapist.
|
6 | | (d) The Department shall refuse to issue or may suspend |
7 | | the license of any
person who fails to file a return, pay the |
8 | | tax, penalty, or interest shown
in a filed return or pay any |
9 | | final assessment of tax, penalty, or interest,
as required by |
10 | | any tax Act administered by the Illinois Department of
|
11 | | Revenue, until the time the requirements of the tax Act are |
12 | | satisfied.
|
13 | | (e) In enforcing this Section, the Department or Board |
14 | | upon a showing of a
possible
violation may compel an |
15 | | individual licensed to practice under this Act, or
who has |
16 | | applied for licensure under this Act, to submit
to a mental or |
17 | | physical examination, or both, which may include a substance |
18 | | abuse or sexual offender evaluation, as required by and at the |
19 | | expense
of the Department. |
20 | | The Department shall specifically designate the examining |
21 | | physician licensed to practice medicine in all of its branches |
22 | | or, if applicable, the multidisciplinary team involved in |
23 | | providing the mental or physical examination or both. The |
24 | | multidisciplinary team shall be led by a physician licensed to |
25 | | practice medicine in all of its branches and may consist of one |
26 | | or more or a combination of physicians licensed to practice |
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1 | | medicine in all of its branches, licensed clinical |
2 | | psychologists, licensed clinical social workers, licensed |
3 | | clinical professional counselors, licensed marriage and family |
4 | | therapists, and other professional and administrative staff. |
5 | | Any examining physician or member of the multidisciplinary |
6 | | team may require any person ordered to submit to an |
7 | | examination and evaluation pursuant to this Section to submit |
8 | | to any additional supplemental testing deemed necessary to |
9 | | complete any examination or evaluation process, including, but |
10 | | not limited to, blood testing, urinalysis, psychological |
11 | | testing, or neuropsychological testing. |
12 | | The Department may order the examining physician or any |
13 | | member of the multidisciplinary team to provide to the |
14 | | Department any and all records, including business records, |
15 | | that relate to the examination and evaluation, including any |
16 | | supplemental testing performed. |
17 | | The Department or Board may order the examining physician |
18 | | or any member of the multidisciplinary team to
present
|
19 | | testimony concerning the mental or physical examination of the |
20 | | licensee or
applicant. No information, report, record, or |
21 | | other documents in any way related to the examination shall be |
22 | | excluded by reason of any common law or
statutory privilege |
23 | | relating to communications between the licensee or
applicant |
24 | | and the examining physician or any member of the |
25 | | multidisciplinary team. No authorization is necessary from the |
26 | | licensee or applicant ordered to undergo an examination for |
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1 | | the examining physician or any member of the multidisciplinary |
2 | | team to provide information, reports, records, or other |
3 | | documents or to provide any testimony regarding the |
4 | | examination and evaluation. |
5 | | The individual to be examined may have, at his or her own |
6 | | expense, another
physician of his or her choice present during |
7 | | all
aspects of this examination. However, that physician shall |
8 | | be present only to observe and may not interfere in any way |
9 | | with the examination. |
10 | | Failure of an individual to submit to a mental
or
physical |
11 | | examination, when ordered, shall result in an automatic |
12 | | suspension of his or
her
license until the individual submits |
13 | | to the examination.
|
14 | | If the Department or Board finds an individual unable to |
15 | | practice because of
the
reasons
set forth in this Section, the |
16 | | Department or Board may require that individual
to submit
to
|
17 | | care, counseling, or treatment by physicians approved
or |
18 | | designated by the Department or Board, as a condition, term, |
19 | | or restriction
for continued,
reinstated, or
renewed licensure |
20 | | to practice; or, in lieu of care, counseling, or treatment,
|
21 | | the Department may file, or
the Board may recommend to the |
22 | | Department to file, a complaint to immediately
suspend, |
23 | | revoke, or otherwise discipline the license of the individual.
|
24 | | An individual whose
license was granted, continued, |
25 | | reinstated, renewed, disciplined or supervised
subject to such |
26 | | terms, conditions, or restrictions, and who fails to comply
|
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1 | | with
such terms, conditions, or restrictions, shall be |
2 | | referred to the Secretary
for
a
determination as to whether |
3 | | the individual shall have his or her license
suspended |
4 | | immediately, pending a hearing by the Department.
|
5 | | In instances in which the Secretary
immediately suspends a |
6 | | person's license
under this Section, a hearing on that |
7 | | person's license must be convened by
the Department within 30
|
8 | | days after the suspension and completed without
appreciable
|
9 | | delay.
The Department and Board shall have the authority to |
10 | | review the subject
individual's record of
treatment and |
11 | | counseling regarding the impairment to the extent permitted by
|
12 | | applicable federal statutes and regulations safeguarding the |
13 | | confidentiality of
medical records.
|
14 | | An individual licensed under this Act and affected under |
15 | | this Section shall
be
afforded an opportunity to demonstrate |
16 | | to the Department or Board that he or
she can resume
practice |
17 | | in compliance with acceptable and prevailing standards under |
18 | | the
provisions of his or her license.
|
19 | | (f) A fine shall be paid within 60 days after the effective |
20 | | date of the order imposing the fine or in accordance with the |
21 | | terms set forth in the order imposing the fine. |
22 | | (g) The Department may adopt rules to implement the |
23 | | changes made by this amendatory Act of the 102nd General |
24 | | Assembly. |
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 |
2 | | Practice 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 |
7 | | revoke, suspend, place on probation, reprimand, or take other |
8 | | disciplinary or non-disciplinary action with regard to any |
9 | | license issued under this Act as the Department may deem |
10 | | proper, including the issuance of fines not to exceed $10,000 |
11 | | for each violation, for any one or combination of the |
12 | | following 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 |
9 | | suspend, place on prohibition, reprimand, refuse to issue or |
10 | | renew, or take any other disciplinary or non-disciplinary |
11 | | action against the license or permit issued under this Act to |
12 | | practice as a certified professional midwife based solely upon |
13 | | the certified professional midwife authorizing, recommending, |
14 | | aiding, assisting, referring for, or otherwise participating |
15 | | in any health care service, so long as the care was otherwise |
16 | | performed in accordance with the laws of this State, |
17 | | regardless of whether the patient was a resident of this State |
18 | | or another state. |
19 | | (a-2) The Department shall not revoke, suspend, summarily |
20 | | suspend, place on prohibition, reprimand, refuse to issue or |
21 | | renew, or take any other disciplinary or non-disciplinary |
22 | | action against the license or permit issued under this Act to |
23 | | practice as a certified professional midwife based upon the |
24 | | certified professional midwife's license being revoked or |
25 | | suspended, or the certified professional midwife being |
26 | | otherwise disciplined by any other state, if that revocation, |
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1 | | suspension, or other form of discipline was based solely on |
2 | | the certified professional midwife violating another state's |
3 | | laws prohibiting the provision of, authorization of, |
4 | | recommendation of, aiding or assisting in, referring for, or |
5 | | participation in any health care service if that health care |
6 | | service as provided would have been lawful and consistent with |
7 | | the standards of conduct for the certified professional |
8 | | midwife if it occurred in Illinois. |
9 | | (a-3) The conduct specified in subsection (b-1) or (b-2) |
10 | | shall not constitute grounds for suspension under Section 120. |
11 | | (a-4) An applicant seeking licensure, certification, or |
12 | | authorization pursuant to this Act who has been subject to |
13 | | disciplinary action by a duly authorized professional |
14 | | disciplinary agency of another jurisdiction solely on the |
15 | | basis of having authorized, recommended, aided, assisted, |
16 | | referred for, or otherwise participated in health care shall |
17 | | not be denied such licensure, certification, or authorization, |
18 | | unless the Department determines that such action would have |
19 | | constituted professional misconduct in this State; provided |
20 | | however, that nothing in this Section shall be construed as |
21 | | prohibiting the Department from evaluating the conduct of such |
22 | | applicant and making a determination regarding the licensure, |
23 | | certification, or authorization to practice a profession under |
24 | | this Act.
|
25 | | (b) The Department may, without a hearing, refuse to issue |
26 | | or renew or may suspend the license of any person who fails to |
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1 | | file a return, or to pay the tax, penalty, or interest shown in |
2 | | a filed return, or to pay any final assessment of the tax, |
3 | | penalty, or interest as required by any tax Act administered |
4 | | by the Department of Revenue, until the requirements of any |
5 | | such tax Act are satisfied. |
6 | | (c) The determination by a circuit court that a licensee |
7 | | is subject to involuntary admission or judicial admission as |
8 | | provided in the Mental Health and Developmental Disabilities |
9 | | Code operates as an automatic suspension. The suspension will |
10 | | end only upon a finding by a court that the patient is no |
11 | | longer subject to involuntary admission or judicial admission |
12 | | and issues an order so finding and discharging the patient, |
13 | | and upon the recommendation of the Board to the Secretary that |
14 | | the licensee be allowed to resume his or her practice. |
15 | | (d) In enforcing this Section, the Department, upon a |
16 | | showing of a possible violation, may compel an individual |
17 | | licensed to practice under this Act, or who has applied for |
18 | | licensure under this Act, to submit to a mental or physical |
19 | | examination, or both, including a substance abuse or sexual |
20 | | offender evaluation, as required by and at the expense of the |
21 | | Department. |
22 | | The Department shall specifically designate the examining |
23 | | physician licensed to practice medicine in all of its branches |
24 | | or, if applicable, the multidisciplinary team involved in |
25 | | providing the mental or physical examination or both. The |
26 | | multidisciplinary team shall be led by a physician licensed to |
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1 | | practice medicine in all of its branches and may consist of one |
2 | | or more or a combination of physicians licensed to practice |
3 | | medicine in all of its branches, licensed clinical |
4 | | psychologists, licensed clinical social workers, licensed |
5 | | clinical professional counselors, and other professional and |
6 | | administrative staff. Any examining physician or member of the |
7 | | multidisciplinary team may require any person ordered to |
8 | | submit to an examination pursuant to this Section to submit to |
9 | | any additional supplemental testing deemed necessary to |
10 | | complete any examination or evaluation process, including, but |
11 | | not limited to, blood testing, urinalysis, psychological |
12 | | testing, or neuropsychological testing. |
13 | | The Department may order the examining physician or any |
14 | | member of the multidisciplinary team to provide to the |
15 | | Department any and all records, including business records, |
16 | | that relate to the examination and evaluation, including any |
17 | | supplemental testing performed. |
18 | | The Department may order the examining physician or any |
19 | | member of the multidisciplinary team to present testimony |
20 | | concerning the mental or physical examination of the licensee |
21 | | or applicant. No information, report, record, or other |
22 | | documents in any way related to the examination shall be |
23 | | excluded by reason of any common law or statutory privilege |
24 | | relating to communications between the licensee or applicant |
25 | | and the examining physician or any member of the |
26 | | multidisciplinary team. No authorization is necessary from the |
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1 | | licensee or applicant ordered to undergo an examination for |
2 | | the examining physician or any member of the multidisciplinary |
3 | | team to provide information, reports, records, or other |
4 | | documents or to provide any testimony regarding the |
5 | | examination and evaluation. |
6 | | The individual to be examined may have, at his or her own |
7 | | expense, another physician of his or her choice present during |
8 | | all aspects of this examination. However, that physician shall |
9 | | be present only to observe and may not interfere in any way |
10 | | with the examination. |
11 | | Failure of an individual to submit to a mental or physical |
12 | | examination, when ordered, shall result in an automatic |
13 | | suspension of his or her license until the individual submits |
14 | | to the examination. |
15 | | If the Department finds an individual unable to practice |
16 | | because of the reasons set forth in this Section, the |
17 | | Department may require that individual to submit to care, |
18 | | counseling, or treatment by physicians approved or designated |
19 | | by the Department, as a condition, term, or restriction for |
20 | | continued, reinstated, or renewed licensure to practice; or, |
21 | | in lieu of care, counseling, or treatment, the Department may |
22 | | file a complaint to immediately suspend, revoke, or otherwise |
23 | | discipline the license of the individual. An individual whose |
24 | | license was granted, continued, reinstated, renewed, |
25 | | disciplined, or supervised subject to such terms, conditions, |
26 | | or restrictions, and who fails to comply with such terms, |
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1 | | conditions, or restrictions, shall be referred to the |
2 | | Secretary for a determination as to whether the individual |
3 | | shall have his or her license suspended immediately, pending a |
4 | | hearing by the Department. |
5 | | In instances in which the Secretary immediately suspends a |
6 | | person's license under this Section, a hearing on that |
7 | | person's license must be convened by the Department within 30 |
8 | | days after the suspension and completed without appreciable |
9 | | delay. The Department shall have the authority to review the |
10 | | subject individual's record of treatment and counseling |
11 | | regarding the impairment to the extent permitted by applicable |
12 | | federal statutes and regulations safeguarding the |
13 | | confidentiality of medical records. |
14 | | An individual licensed under this Act and affected under |
15 | | this Section shall be afforded an opportunity to demonstrate |
16 | | to the Department that he or she can resume practice in |
17 | | compliance with acceptable and prevailing standards under the |
18 | | provisions of his or her license.
|
19 | | (e) The Department may adopt rules to implement the |
20 | | changes made by this amendatory Act of the 102nd General |
21 | | Assembly. |
22 | | (Source: P.A. 102-683, eff. 10-1-22 .) |
23 | | Section 9-50. The Professional Counselor and Clinical |
24 | | Professional Counselor Licensing and Practice Act is amended |
25 | | by 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 |
5 | | revoke, suspend, place
on probation, reprimand, or take other |
6 | | disciplinary or non-disciplinary action as the Department
|
7 | | deems appropriate, including the issuance of fines not to |
8 | | exceed $10,000 for each
violation, with regard to any license |
9 | | for 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 |
3 | | 60 days after the effective date of the order imposing the |
4 | | fine. |
5 | | (b) (Blank).
|
6 | | (b-1) The Department shall not revoke, suspend, summarily |
7 | | suspend, place on prohibition, reprimand, refuse to issue or |
8 | | renew, or take any other disciplinary or non-disciplinary |
9 | | action against the license or permit issued under this Act to |
10 | | practice as a professional counselor or clinical professional |
11 | | counselor based solely upon the professional counselor or |
12 | | clinical professional counselor authorizing, recommending, |
13 | | aiding, assisting, referring for, or otherwise participating |
14 | | in any health care service, so long as the care was otherwise |
15 | | performed in accordance with the laws of this State, |
16 | | regardless of whether the patient was a resident of this State |
17 | | or another state. |
18 | | (b-2) The Department shall not revoke, suspend, summarily |
19 | | suspend, place on prohibition, reprimand, refuse to issue or |
20 | | renew, or take any other disciplinary or non-disciplinary |
21 | | action against the license or permit issued under this Act to |
22 | | practice as a professional counselor or clinical professional |
23 | | counselor based upon the professional counselor's or clinical |
24 | | professional counselor's license being revoked or suspended, |
25 | | or the professional counselor or clinical professional |
26 | | counselor being otherwise disciplined by any other state, if |
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1 | | that revocation, suspension, or other form of discipline was |
2 | | based solely on the professional counselor or clinical |
3 | | professional counselor violating another state's laws |
4 | | prohibiting the provision of, authorization of, recommendation |
5 | | of, aiding or assisting in, referring for, or participation in |
6 | | any health care service if that health care service as |
7 | | provided would have been lawful and consistent with the |
8 | | standards of conduct for the professional counselor or |
9 | | clinical professional counselor if it occurred in Illinois. |
10 | | (b-3) The conduct specified in subsection (b-1) or (b-2) |
11 | | shall not constitute grounds for suspension under Section 145. |
12 | | (b-4) An applicant seeking licensure, certification, or |
13 | | authorization pursuant to this Act who has been subject to |
14 | | disciplinary action by a duly authorized professional |
15 | | disciplinary agency of another jurisdiction solely on the |
16 | | basis of having authorized, recommended, aided, assisted, |
17 | | referred for, or otherwise participated in health care shall |
18 | | not be denied such licensure, certification, or authorization, |
19 | | unless the Department determines that such action would have |
20 | | constituted professional misconduct in this State; provided |
21 | | however, that nothing in this Section shall be construed as |
22 | | prohibiting the Department from evaluating the conduct of such |
23 | | applicant and making a determination regarding the licensure, |
24 | | certification, or authorization to practice a profession under |
25 | | this Act.
|
26 | | (b-5) The Department may refuse to issue or may suspend |
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1 | | without hearing, as provided for in the Code of Civil |
2 | | Procedure, the license of any person who fails to file a |
3 | | return, pay the tax, penalty, or interest shown in a filed |
4 | | return, or pay any final assessment of the tax, penalty, or |
5 | | interest as required by any tax Act administered by the |
6 | | Illinois Department of Revenue, until such time as the |
7 | | requirements of any such tax Act are satisfied in accordance |
8 | | with subsection (g) of Section 2105-15 of the Department of |
9 | | Professional Regulation Law of the Civil Administrative Code |
10 | | of Illinois. |
11 | | (b-10) In cases where the Department of Healthcare and |
12 | | Family Services has previously determined a licensee or a |
13 | | potential licensee is more than 30 days delinquent in the |
14 | | payment of child support and has subsequently certified the |
15 | | delinquency to the Department, the Department may refuse to |
16 | | issue or renew or may revoke or suspend that person's license |
17 | | or may take other disciplinary action against that person |
18 | | based solely upon the certification of delinquency made by the |
19 | | Department of Healthcare and Family Services in accordance |
20 | | with item (5) of subsection (a) of Section 2105-15 of the |
21 | | Department of Professional Regulation Law of the Civil |
22 | | Administrative Code of Illinois. |
23 | | (c) The determination by a court that a licensee is |
24 | | subject to
involuntary admission or judicial admission as |
25 | | provided in the Mental
Health and Developmental Disabilities |
26 | | Code will result in an automatic
suspension of his or her |
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1 | | license. The suspension will end upon a finding by a
court that |
2 | | the licensee is no longer subject to involuntary admission or
|
3 | | judicial admission, the issuance of an order so finding and |
4 | | discharging the
patient, and the recommendation of the Board |
5 | | to the Secretary that the licensee
be allowed to resume |
6 | | professional practice.
|
7 | | (c-5) In enforcing this Act, the Department, upon a |
8 | | showing of a possible violation, may compel an individual |
9 | | licensed to practice under this Act, or who has applied for |
10 | | licensure under this Act, to submit to a mental or physical |
11 | | examination, or both, as required by and at the expense of the |
12 | | Department. The Department may order the examining physician |
13 | | to present testimony concerning the mental or physical |
14 | | examination of the licensee or applicant. No information shall |
15 | | be excluded by reason of any common law or statutory privilege |
16 | | relating to communications between the licensee or applicant |
17 | | and the examining physician. The examining physicians shall be |
18 | | specifically designated by the Department. The individual to |
19 | | be examined may have, at his or her own expense, another |
20 | | physician of his or her choice present during all aspects of |
21 | | this examination. The examination shall be performed by a |
22 | | physician licensed to practice medicine in all its branches. |
23 | | Failure of an individual to submit to a mental or physical |
24 | | examination, when directed, shall result in an automatic |
25 | | suspension without hearing. |
26 | | All substance-related violations shall mandate an |
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1 | | automatic substance abuse assessment. Failure to submit to an |
2 | | assessment by a licensed physician who is certified as an |
3 | | addictionist or an advanced practice registered nurse with |
4 | | specialty certification in addictions may be grounds for an |
5 | | automatic suspension. |
6 | | If the Department finds an individual unable to practice |
7 | | or unfit for duty because of the reasons set forth in this |
8 | | subsection (c-5), the Department may require that individual |
9 | | to submit to a substance abuse evaluation or treatment by |
10 | | individuals or programs approved or designated by the |
11 | | Department, as a condition, term, or restriction for |
12 | | continued, restored, or renewed licensure to practice; or, in |
13 | | lieu of evaluation or treatment, the Department may file, or |
14 | | the Board may recommend to the Department to file, a complaint |
15 | | to immediately suspend, revoke, or otherwise discipline the |
16 | | license of the individual. An individual whose license was |
17 | | granted, continued, restored, renewed, disciplined, or |
18 | | supervised subject to such terms, conditions, or restrictions, |
19 | | and who fails to comply with such terms, conditions, or |
20 | | restrictions, shall be referred to the Secretary for a |
21 | | determination as to whether the individual shall have his or |
22 | | her license suspended immediately, pending a hearing by the |
23 | | Department. |
24 | | A person holding a license under this Act or who has |
25 | | applied for a license under this Act who, because of a physical |
26 | | or mental illness or disability, including, but not limited |
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1 | | to, deterioration through the aging process or loss of motor |
2 | | skill, is unable to practice the profession with reasonable |
3 | | judgment, skill, or safety, may be required by the Department |
4 | | to submit to care, counseling, or treatment by physicians |
5 | | approved or designated by the Department as a condition, term, |
6 | | or restriction for continued, reinstated, or renewed licensure |
7 | | to practice. Submission to care, counseling, or treatment as |
8 | | required by the Department shall not be considered discipline |
9 | | of a license. If the licensee refuses to enter into a care, |
10 | | counseling, or treatment agreement or fails to abide by the |
11 | | terms of the agreement, the Department may file a complaint to |
12 | | revoke, suspend, or otherwise discipline the license of the |
13 | | individual. The Secretary may order the license suspended |
14 | | immediately, pending a hearing by the Department. Fines shall |
15 | | not be assessed in disciplinary actions involving physical or |
16 | | mental illness or impairment. |
17 | | In instances in which the Secretary immediately suspends a |
18 | | person's license under this Section, a hearing on that |
19 | | person's license must be convened by the Department within 15 |
20 | | days after the suspension and completed without appreciable |
21 | | delay. The Department shall have the authority to review the |
22 | | subject individual's record of treatment and counseling |
23 | | regarding the impairment to the extent permitted by applicable |
24 | | federal statutes and regulations safeguarding the |
25 | | confidentiality of medical records. |
26 | | An individual licensed under this Act and affected under |
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1 | | this Section shall be afforded an opportunity to demonstrate |
2 | | to the Department that he or she can resume practice in |
3 | | compliance with acceptable and prevailing standards under the |
4 | | provisions of his or her license. |
5 | | (d) (Blank).
|
6 | | (e) The Department may adopt rules to implement the |
7 | | changes made by this amendatory Act of the 102nd General |
8 | | Assembly. |
9 | | (Source: P.A. 102-878, eff. 1-1-23 .)
|
10 | | Section 9-55. The Registered Surgical Assistant and |
11 | | Registered Surgical Technologist Title Protection Act is |
12 | | amended 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 |
17 | | a
registration, may revoke or suspend a registration, or may |
18 | | place on
probation, reprimand, or take other disciplinary or |
19 | | non-disciplinary
action with regard to a person registered |
20 | | under this Act,
including but not limited to the imposition of |
21 | | fines not to
exceed $10,000 for each violation and the |
22 | | assessment of costs as provided for in Section 90, for any one |
23 | | or 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 |
8 | | suspend, place on prohibition, reprimand, refuse to issue or |
9 | | renew, or take any other disciplinary or non-disciplinary |
10 | | action against the license or permit issued under this Act to |
11 | | practice as a surgical assistant or surgical technologist |
12 | | based solely upon the surgical assistant or surgical |
13 | | technologist authorizing, recommending, aiding, assisting, |
14 | | referring for, or otherwise participating in any health care |
15 | | service, so long as the care was otherwise performed in |
16 | | accordance with the laws of this State, regardless of whether |
17 | | the patient was a resident of this State or another state. |
18 | | (a-2) The Department shall not revoke, suspend, summarily |
19 | | suspend, place on prohibition, reprimand, refuse to issue or |
20 | | renew, or take any other disciplinary or non-disciplinary |
21 | | action against the license or permit issued under this Act to |
22 | | practice as a surgical assistant or surgical technologist |
23 | | based upon the surgical assistant's or surgical technologist's |
24 | | license being revoked or suspended, or the surgical assistant |
25 | | or surgical technologist being otherwise disciplined by any |
26 | | other state, if that revocation, suspension, or other form of |
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1 | | discipline was based solely on the surgical assistant or |
2 | | surgical technologist violating another state's laws |
3 | | prohibiting the provision of, authorization of, recommendation |
4 | | of, aiding or assisting in, referring for, or participation in |
5 | | any health care service if that health care service as |
6 | | provided would have been lawful and consistent with the |
7 | | standards of conduct for the surgical assistant or surgical |
8 | | technologist if it occurred in Illinois. |
9 | | (a-3) The conduct specified in subsection (b-1) or (b-2) |
10 | | shall not constitute grounds for suspension under Section 145. |
11 | | (a-4) An applicant seeking licensure, certification, or |
12 | | authorization pursuant to this Act who has been subject to |
13 | | disciplinary action by a duly authorized professional |
14 | | disciplinary agency of another jurisdiction solely on the |
15 | | basis of having authorized, recommended, aided, assisted, |
16 | | referred for, or otherwise participated in health care shall |
17 | | not be denied such licensure, certification, or authorization, |
18 | | unless the Department determines that such action would have |
19 | | constituted professional misconduct in this State; provided |
20 | | however, that nothing in this Section shall be construed as |
21 | | prohibiting the Department from evaluating the conduct of such |
22 | | applicant and making a determination regarding the licensure, |
23 | | certification, or authorization to practice a profession under |
24 | | this Act.
|
25 | | (b) The Department may refuse to issue or may suspend |
26 | | without hearing the
registration of a person who fails to file |
|
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1 | | a return, to pay the
tax, penalty, or interest shown in a filed |
2 | | return, or to pay
a final assessment of the tax, penalty, or |
3 | | interest as
required by a tax Act administered by the |
4 | | Department of
Revenue, until the requirements of the tax Act |
5 | | are satisfied in accordance with subsection (g) of Section |
6 | | 2105-15 of the Department of Regulation Law of the Civil |
7 | | Administrative Code of Illinois.
|
8 | | (c) The determination by a circuit court that a registrant
|
9 | | is subject to involuntary admission or judicial admission as
|
10 | | provided in the Mental Health and Developmental Disabilities
|
11 | | Code operates as an automatic suspension. The suspension will
|
12 | | end only upon (1) a finding by a court that the patient is no
|
13 | | longer subject to involuntary admission or judicial
admission, |
14 | | (2) issuance of an order so finding and
discharging the |
15 | | patient, and (3) filing of a petition for restoration |
16 | | demonstrating fitness to practice.
|
17 | | (d) (Blank). |
18 | | (e) In cases where the Department of Healthcare and Family |
19 | | Services has previously determined a registrant or a potential |
20 | | registrant is more than 30 days delinquent in the payment of |
21 | | child support and has subsequently certified the delinquency |
22 | | to the Department, the Department may refuse to issue or renew |
23 | | or may revoke or suspend that person's registration or may |
24 | | take other disciplinary action against that person based |
25 | | solely upon the certification of delinquency made by the |
26 | | Department of Healthcare and Family Services in accordance |
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1 | | with paragraph (5) of subsection (a) of Section 2105-15 of the |
2 | | Department of Professional Regulation Law of the Civil |
3 | | Administrative Code of Illinois. |
4 | | (f) In enforcing this Section, the Department, upon a |
5 | | showing of a possible violation, may compel any individual |
6 | | registered under this Act or any individual who has applied |
7 | | for registration to submit to a mental or physical examination |
8 | | and evaluation, or both, that may include a substance abuse or |
9 | | sexual offender evaluation, at the expense of the Department. |
10 | | The Department shall specifically designate the examining |
11 | | physician licensed to practice medicine in all of its branches |
12 | | or, if applicable, the multidisciplinary team involved in |
13 | | providing the mental or physical examination and evaluation, |
14 | | or both. The multidisciplinary team shall be led by a |
15 | | physician licensed to practice medicine in all of its branches |
16 | | and may consist of one or more or a combination of physicians |
17 | | licensed to practice medicine in all of its branches, licensed |
18 | | chiropractic physicians, licensed clinical psychologists, |
19 | | licensed clinical social workers, licensed clinical |
20 | | professional counselors, and other professional and |
21 | | administrative staff. Any examining physician or member of the |
22 | | multidisciplinary team may require any person ordered to |
23 | | submit to an examination and evaluation pursuant to this |
24 | | Section to submit to any additional supplemental testing |
25 | | deemed necessary to complete any examination or evaluation |
26 | | process, including, but not limited to, blood testing, |
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1 | | urinalysis, psychological testing, or neuropsychological |
2 | | testing. |
3 | | The Department may order the examining physician or any |
4 | | member of the multidisciplinary team to provide to the |
5 | | Department any and all records, including business records, |
6 | | that relate to the examination and evaluation, including any |
7 | | supplemental testing performed. The Department may order the |
8 | | examining physician or any member of the multidisciplinary |
9 | | team to present testimony concerning this examination and |
10 | | evaluation of the registrant or applicant, including testimony |
11 | | concerning any supplemental testing or documents relating to |
12 | | the examination and evaluation. No information, report, |
13 | | record, or other documents in any way related to the |
14 | | examination and evaluation shall be excluded by reason of any |
15 | | common law or statutory privilege relating to communication |
16 | | between the registrant or applicant and the examining |
17 | | physician or any member of the multidisciplinary team. No |
18 | | authorization is necessary from the registrant or applicant |
19 | | ordered to undergo an evaluation and examination for the |
20 | | examining physician or any member of the multidisciplinary |
21 | | team to provide information, reports, records, or other |
22 | | documents or to provide any testimony regarding the |
23 | | examination and evaluation. The individual to be examined may |
24 | | have, at his or her own expense, another physician of his or |
25 | | her choice present during all aspects of the examination. |
26 | | Failure of any individual to submit to mental or physical |
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1 | | examination and evaluation, or both, when directed, shall |
2 | | result in an automatic suspension without a hearing until such |
3 | | time as the individual submits to the examination. If the |
4 | | Department finds a registrant unable to practice because of |
5 | | the reasons set forth in this Section, the Department shall |
6 | | require such registrant to submit to care, counseling, or |
7 | | treatment by physicians approved or designated by the |
8 | | Department as a condition for continued, reinstated, or |
9 | | renewed registration. |
10 | | When the Secretary immediately suspends a registration |
11 | | under this Section, a hearing upon such person's registration |
12 | | must be convened by the Department within 15 days after such |
13 | | suspension and completed without appreciable delay. The |
14 | | Department shall have the authority to review the registrant's |
15 | | record of treatment and counseling regarding the impairment to |
16 | | the extent permitted by applicable federal statutes and |
17 | | regulations safeguarding the confidentiality of medical |
18 | | records. |
19 | | Individuals registered under this Act and affected under |
20 | | this Section shall be afforded an opportunity to demonstrate |
21 | | to the Department that they can resume practice in compliance |
22 | | with acceptable and prevailing standards under the provisions |
23 | | of their registration. |
24 | | (g) All fines imposed under this Section shall be paid |
25 | | within 60 days after the effective date of the order imposing |
26 | | the fine or in accordance with the terms set forth in the order |
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1 | | imposing the fine. |
2 | | (h) The Department may adopt rules to implement the |
3 | | changes made by this amendatory Act of the 102nd General |
4 | | Assembly. |
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 |
8 | | by 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
|
12 | | following definitions shall have the following meanings,
|
13 | | except where the context requires otherwise:
|
14 | | "Act" means the Medical Practice Act of 1987.
|
15 | | "Address of record" means the designated address recorded |
16 | | by the Department in the applicant's or licensee's application |
17 | | file or license file as maintained by the Department's |
18 | | licensure maintenance unit. |
19 | | "Chiropractic physician" means a person licensed to treat |
20 | | human ailments without the use of drugs and without operative |
21 | | surgery. Nothing in this Act shall be construed to prohibit a |
22 | | chiropractic physician from providing advice regarding the use |
23 | | of non-prescription products or from administering atmospheric |
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1 | | oxygen. Nothing in this Act shall be construed to authorize a |
2 | | chiropractic physician to prescribe drugs. |
3 | | "Department" means the Department of Financial and |
4 | | Professional Regulation.
|
5 | | "Disciplinary action" means revocation,
suspension, |
6 | | probation, supervision, practice modification,
reprimand, |
7 | | required education, fines or any other action
taken by the |
8 | | Department against a person holding a license.
|
9 | | "Email address of record" means the designated email |
10 | | address recorded by the Department in the applicant's |
11 | | application file or the licensee's license file, as maintained |
12 | | by the Department's licensure maintenance unit. |
13 | | "Final determination" means the governing body's
final |
14 | | action taken under the procedure followed by a health
care |
15 | | institution, or professional association or society,
against |
16 | | any person licensed under the Act in accordance with
the |
17 | | bylaws or rules and regulations of such health care
|
18 | | institution, or professional association or society.
|
19 | | "Fund" means the Illinois State Medical Disciplinary Fund.
|
20 | | "Impaired" means the inability to practice
medicine with |
21 | | reasonable skill and safety due to physical or
mental |
22 | | disabilities as evidenced by a written determination
or |
23 | | written consent based on clinical evidence including
|
24 | | deterioration through the aging process or loss of motor
|
25 | | skill, or abuse of drugs or alcohol, of sufficient degree to
|
26 | | diminish 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 |
3 | | Practice Act to practice medicine in all of its
branches or a |
4 | | chiropractic physician.
|
5 | | "Professional association" means an association or
society |
6 | | of persons licensed under this Act, and operating
within the |
7 | | State of Illinois, including but not limited to,
medical |
8 | | societies, osteopathic organizations, and
chiropractic |
9 | | organizations, but this term shall not be
deemed to include |
10 | | hospital medical staffs.
|
11 | | "Program of care, counseling, or treatment" means
a |
12 | | written schedule of organized treatment, care, counseling,
|
13 | | activities, or education, satisfactory to the Medical
Board, |
14 | | designed for the purpose of restoring an impaired
person to a |
15 | | condition whereby the impaired person can
practice medicine |
16 | | with reasonable skill and safety of a
sufficient degree to |
17 | | deliver competent patient care.
|
18 | | "Reinstate" means to change the status of a license or |
19 | | permit from inactive or nonrenewed status to active status. |
20 | | "Restore" means to remove an encumbrance from a license or |
21 | | permit due to probation, suspension, or revocation. |
22 | | "Secretary" means the Secretary of Financial and |
23 | | Professional 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 |
3 | | authorizing the practice in this State of health care, to an |
4 | | applicant who is licensed to practice medicine in another |
5 | | state, 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. |
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1 | | The sponsoring licensed hospital, medical office, clinic, |
2 | | or other medical facility engaged in the agreement with the |
3 | | applicant shall notify the Department should the applicant at |
4 | | any 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 |
7 | | years after the date of issuance. The temporary permit may be |
8 | | renewed for a $45 fee for an additional 2 years. A holder of a |
9 | | temporary permit may only renew one time. |
10 | | (c) The temporary permit shall only permit the holder to |
11 | | practice medicine within the scope of providing health care |
12 | | services at the location or locations specified on the permit. |
13 | | (d) An application for the temporary permit shall be made |
14 | | to the Department, in writing, on forms prescribed by the |
15 | | Department, and shall be accompanied by a non-refundable fee |
16 | | of $75. |
17 | | (e) An applicant for temporary permit may be requested to |
18 | | appear before the Board to respond to questions concerning the |
19 | | applicant's qualifications to receive the permit. An |
20 | | applicant's refusal to appear before the Illinois State |
21 | | Medical Board may be grounds for denial of the application by |
22 | | the Department. |
23 | | (f) The Secretary may summarily cancel any temporary |
24 | | permit issued pursuant to this Section, without a hearing, if |
25 | | the Secretary finds that evidence in the Secretary's |
26 | | possession indicates that a permit holder's continuation in |
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1 | | practice would constitute an imminent danger to the public or |
2 | | violate any provision of the Medical Practice Act of 1987 or |
3 | | its rules. |
4 | | If the Secretary summarily cancels a temporary permit |
5 | | issued pursuant to this Section or Act, the permit holder may |
6 | | petition the Department for a hearing in accordance with the |
7 | | provisions of Section 43 to restore the permit holder's |
8 | | permit, unless the permit holder has exceeded the permit |
9 | | holder's renewal limit. |
10 | | (g) In addition to terminating any temporary permit issued |
11 | | pursuant to this Section or Act, the Department may issue a |
12 | | monetary penalty not to exceed $10,000 upon the temporary |
13 | | permit holder and may notify any state in which the temporary |
14 | | permit holder has been issued a permit that the temporary |
15 | | permit holder's Illinois permit has been terminated and the |
16 | | reasons for the termination. The monetary penalty shall be |
17 | | paid within 60 days after the effective date of the order |
18 | | imposing the penalty. The order shall constitute a judgment |
19 | | and may be filed and execution had thereon in the same manner |
20 | | as any judgment from any court of record. It is the intent of |
21 | | the General Assembly that a permit issued pursuant to this |
22 | | Section shall be considered a privilege and not a property |
23 | | right. |
24 | | (h) While working in Illinois, all temporary permit |
25 | | holders are subject to all statutory and regulatory |
26 | | requirements of the Medical Practice Act of 1987 in the same |
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1 | | manner as a licensee. Failure to adhere to all statutory and |
2 | | regulatory requirements may result in revocation or other |
3 | | discipline of the temporary permit. |
4 | | (i) If the Department becomes aware of a violation |
5 | | occurring at the licensed hospital, medical office, clinic, or |
6 | | other medical facility, the Department shall notify the |
7 | | Department of Public Health. |
8 | | (j) The Department may adopt emergency rules pursuant to |
9 | | this Section. The General Assembly finds that the adoption of |
10 | | rules to implement a temporary permit for health care services |
11 | | is deemed an emergency and necessary for the public interest, |
12 | | safety, and welfare. |
13 | | Section 10-10. The Nurse Practice Act is amended by adding |
14 | | Sections 65-11 and 65-11.5 as follows: |
15 | | (225 ILCS 65/65-11 new) |
16 | | Sec. 65-11. Temporary permit for advanced practice |
17 | | registered nurses for health care. |
18 | | (a) The Department may issue a temporary permit to |
19 | | advanced practice registered nurses authorizing the practice, |
20 | | with a collaborating physician, in this State of health care, |
21 | | to an applicant who is licensed to practice as an advanced |
22 | | practice registered nurse in another state, if all of the |
23 | | following 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 |
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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, |
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1 | | or other medical facility engaged in the agreement with the |
2 | | applicant shall notify the Department should the applicant at |
3 | | any 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 |
6 | | years after the date of issuance. The temporary permit may be |
7 | | renewed for a $45 fee for an additional 2 years. A holder of a |
8 | | temporary permit may only renew one time. |
9 | | (c) The temporary permit shall only permit the holder to |
10 | | practice as an advanced practice registered nurse with a |
11 | | collaborating physician who provides health care services at |
12 | | the location or locations specified on the permit. |
13 | | (d) An application for the temporary permit shall be made |
14 | | to the Department, in writing, on forms prescribed by the |
15 | | Department, and shall be accompanied by a non-refundable fee |
16 | | of $75. |
17 | | (e) An applicant for temporary permit may be requested to |
18 | | appear before the Board to respond to questions concerning the |
19 | | applicant's qualifications to receive the permit. An |
20 | | applicant's refusal to appear before the Board of Nursing may |
21 | | be grounds for denial of the application by the Department. |
22 | | (f) The Secretary may summarily cancel any temporary |
23 | | permit issued pursuant to this Section, without a hearing, if |
24 | | the Secretary finds that evidence in the Secretary's |
25 | | possession indicates that a permit holder's continuation in |
26 | | practice would constitute an imminent danger to the public or |
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1 | | violate any provision of the Nurse Practice Act or its rules. |
2 | | If the Secretary summarily cancels a temporary permit |
3 | | issued pursuant to this Section or Act, the permit holder may |
4 | | petition the Department for a hearing in accordance with the |
5 | | provisions of Section 70-125 to restore the permit holder's |
6 | | permit, unless the permit holder has exceeded the permit |
7 | | holder's renewal limit. |
8 | | (g) In addition to terminating any temporary permit issued |
9 | | pursuant to this Section or Act, the Department may issue a |
10 | | monetary penalty not to exceed $10,000 upon the temporary |
11 | | permit holder and may notify any state in which the temporary |
12 | | permit holder has been issued a permit that the temporary |
13 | | permit holder's Illinois permit has been terminated and the |
14 | | reasons for the termination. The monetary penalty shall be |
15 | | paid within 60 days after the effective date of the order |
16 | | imposing the penalty. The order shall constitute a judgment |
17 | | and may be filed, and execution had thereon in the same manner |
18 | | as any judgment from any court of record. It is the intent of |
19 | | the General Assembly that a permit issued pursuant to this |
20 | | Section shall be considered a privilege and not a property |
21 | | right. |
22 | | (h) While working in Illinois, all temporary permit |
23 | | holders are subject to all statutory and regulatory |
24 | | requirements of the Nurse Practice Act in the same manner as a |
25 | | licensee. Failure to adhere to all statutory and regulatory |
26 | | requirements may result in revocation or other discipline of |
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1 | | the temporary permit. |
2 | | (i) If the Department becomes aware of a violation |
3 | | occurring at the licensed hospital, medical office, clinic, or |
4 | | other medical facility, the Department shall notify the |
5 | | Department of Public Health. |
6 | | (j) The Department may adopt emergency rules pursuant to |
7 | | this Section. The General Assembly finds that the adoption of |
8 | | rules to implement a temporary permit for health care services |
9 | | is deemed an emergency and necessary for the public interest, |
10 | | safety, and welfare. |
11 | | (225 ILCS 65/65-11.5 new) |
12 | | Sec. 65-11.5. Temporary permit for full practice advanced |
13 | | practice registered nurses for health care. |
14 | | (a) The Department may issue a temporary permit to full |
15 | | practice advanced practice registered nurses authorizing the |
16 | | practice in this State of health care, to an applicant who is |
17 | | licensed to practice as an advanced practice registered nurse |
18 | | in 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, |
21 | | or other medical facility engaged in the agreement with the |
22 | | applicant shall notify the Department should the applicant at |
23 | | any 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 |
26 | | years after the date of issuance. The temporary permit may be |
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1 | | renewed for a $45 fee for an additional 2 years. A holder of a |
2 | | temporary permit may only renew one time. |
3 | | (c) The temporary permit shall only permit the holder to |
4 | | practice as a full practice advanced practice registered nurse |
5 | | within the scope of providing health care services at the |
6 | | location or locations specified on the permit. |
7 | | (d) An application for the temporary permit shall be made |
8 | | to the Department, in writing, on forms prescribed by the |
9 | | Department, and shall be accompanied by a non-refundable fee |
10 | | of $75. |
11 | | (e) An applicant for temporary permit may be requested to |
12 | | appear before the Board to respond to questions concerning the |
13 | | applicant's qualifications to receive the permit. An |
14 | | applicant's refusal to appear before the Board of Nursing may |
15 | | be grounds for denial of the application by the Department. |
16 | | (f) The Secretary may summarily cancel any temporary |
17 | | permit issued pursuant to this Section, without a hearing, if |
18 | | the Secretary finds that evidence in the Secretary's |
19 | | possession indicates that a permit holder's continuation in |
20 | | practice would constitute an imminent danger to the public or |
21 | | violate any provision of the Nurse Practice Act or its rules. |
22 | | If the Secretary summarily cancels a temporary permit |
23 | | issued pursuant to this Section or Act, the permit holder may |
24 | | petition the Department for a hearing in accordance with the |
25 | | provisions of Section 70-125 to restore the permit holder's |
26 | | permit, unless the permit holder has exceeded the permit |
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1 | | holder's renewal limit. |
2 | | (g) In addition to terminating any temporary permit issued |
3 | | pursuant to this Section or Act, the Department may issue a |
4 | | monetary penalty not to exceed $10,000 upon the temporary |
5 | | permit holder and may notify any state in which the temporary |
6 | | permit holder has been issued a permit that the temporary |
7 | | permit holder's Illinois permit has been terminated and the |
8 | | reasons for the termination. The monetary penalty shall be |
9 | | paid within 60 days after the effective date of the order |
10 | | imposing the penalty. The order shall constitute a judgment |
11 | | and may be filed, and execution had thereon in the same manner |
12 | | as any judgment from any court of record. It is the intent of |
13 | | the General Assembly that a permit issued pursuant to this |
14 | | Section shall be considered a privilege and not a property |
15 | | right. |
16 | | (h) While working in Illinois, all temporary permit |
17 | | holders are subject to all statutory and regulatory |
18 | | requirements of the Nurse Practice Act in the same manner as a |
19 | | licensee. Failure to adhere to all statutory and regulatory |
20 | | requirements may result in revocation or other discipline of |
21 | | the temporary permit. |
22 | | (i) If the Department becomes aware of a violation |
23 | | occurring at the licensed hospital, medical office, clinic, or |
24 | | other medical facility, the Department shall notify the |
25 | | Department of Public Health. |
26 | | (j) The Department may adopt emergency rules pursuant to |
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1 | | this Section. The General Assembly finds that the adoption of |
2 | | rules to implement a temporary permit for health care services |
3 | | is deemed an emergency and necessary for the public interest, |
4 | | safety, and welfare. |
5 | | Section 10-15. The Physician Assistant Practice Act of |
6 | | 1987 is amended by changing Sections 4, 21, 22.2, 22.3, 22.5, |
7 | | 22.6, 22.7, 22.8, 22.9, and 22.10 and by adding Section 9.7 as |
8 | | follows:
|
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
|
13 | | Professional Regulation.
|
14 | | 2. "Secretary" means the Secretary
of Financial and |
15 | | Professional Regulation.
|
16 | | 3. "Physician assistant" means any person not holding an |
17 | | active license or permit issued by the Department pursuant to |
18 | | the Medical Practice Act of 1987 who has been
certified as a |
19 | | physician assistant by the National Commission on the
|
20 | | Certification of Physician Assistants or equivalent successor |
21 | | agency and
performs procedures in collaboration with a |
22 | | physician as defined in this
Act. A physician assistant may |
23 | | perform such procedures within the
specialty of the |
24 | | collaborating physician, except that such physician shall
|
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1 | | exercise such direction, collaboration, and control over such |
2 | | physician
assistants as will assure that patients shall |
3 | | receive quality medical
care. Physician assistants shall be |
4 | | capable of performing a variety of tasks
within the specialty |
5 | | of medical care in collaboration with a physician.
|
6 | | Collaboration with the physician assistant shall not be |
7 | | construed to
necessarily require the personal presence of the |
8 | | collaborating physician at
all times at the place where |
9 | | services are rendered, as long as there is
communication |
10 | | available for consultation by radio, telephone or
|
11 | | telecommunications within established guidelines as determined |
12 | | by the
physician/physician assistant team. The collaborating |
13 | | physician may delegate
tasks and duties to the physician |
14 | | assistant. Delegated tasks or duties
shall be consistent with |
15 | | physician assistant education, training, and
experience. The |
16 | | delegated tasks or duties shall be specific to the
practice |
17 | | setting and shall be implemented and reviewed under a written |
18 | | collaborative agreement
established by the physician or |
19 | | physician/physician assistant team. A
physician assistant, |
20 | | acting as an agent of the physician, shall be
permitted to |
21 | | transmit the collaborating physician's orders as determined by
|
22 | | the institution's by-laws, policies, procedures, or job |
23 | | description within
which the physician/physician assistant |
24 | | team practices. Physician
assistants shall practice only in |
25 | | accordance with a written collaborative agreement.
|
26 | | Any person who holds an active license or permit issued |
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1 | | pursuant to the Medical Practice Act of 1987 shall have that |
2 | | license automatically placed into inactive status upon |
3 | | issuance of a physician assistant license. Any person who |
4 | | holds an active license as a physician assistant who is issued |
5 | | a license or permit pursuant to the Medical Practice Act of |
6 | | 1987 shall have his or her physician assistant license |
7 | | automatically placed into inactive status. |
8 | | 3.5. "Physician assistant practice" means the performance |
9 | | of procedures within the specialty of the collaborating |
10 | | physician. Physician assistants shall be capable of performing |
11 | | a variety of tasks within the specialty of medical care of the |
12 | | collaborating physician. Collaboration with the physician |
13 | | assistant shall not be construed to necessarily require the |
14 | | personal presence of the collaborating physician at all times |
15 | | at the place where services are rendered, as long as there is |
16 | | communication available for consultation by radio, telephone, |
17 | | telecommunications, or electronic communications. The |
18 | | collaborating physician may delegate tasks and duties to the |
19 | | physician assistant. Delegated tasks or duties shall be |
20 | | consistent with physician assistant education, training, and |
21 | | experience. The delegated tasks or duties shall be specific to |
22 | | the practice setting and shall be implemented and reviewed |
23 | | under a written collaborative agreement established by the |
24 | | physician or physician/physician assistant team. A physician |
25 | | assistant shall be permitted to transmit the collaborating |
26 | | physician's orders as determined by the institution's bylaws, |
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1 | | policies, or procedures or the job description within which |
2 | | the physician/physician assistant team practices. Physician |
3 | | assistants shall practice only in accordance with a written |
4 | | collaborative agreement, except as provided in Section 7.5 of |
5 | | this Act. |
6 | | 4. "Board" means the Medical Licensing Board
constituted |
7 | | under the Medical Practice Act of 1987.
|
8 | | 5. (Blank). "Disciplinary Board" means the Medical |
9 | | Disciplinary Board constituted
under the Medical Practice Act |
10 | | of 1987.
|
11 | | 6. "Physician" means a person licensed to
practice |
12 | | medicine in all of its branches under the Medical Practice Act |
13 | | of 1987.
|
14 | | 7. "Collaborating physician" means the physician who, |
15 | | within
his or her specialty and expertise, may delegate a |
16 | | variety of
tasks and procedures to the physician assistant. |
17 | | Such tasks and
procedures shall be delegated in accordance |
18 | | with a written
collaborative agreement.
|
19 | | 8. (Blank).
|
20 | | 9. "Address of record" means the designated address |
21 | | recorded by the Department in the applicant's or licensee's |
22 | | application file or license file maintained by the |
23 | | Department's licensure maintenance unit.
|
24 | | 10. "Hospital affiliate" means a corporation, partnership, |
25 | | joint venture, limited liability company, or similar |
26 | | organization, other than a hospital, that is devoted primarily |
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1 | | to the provision, management, or support of health care |
2 | | services and that directly or indirectly controls, is |
3 | | controlled by, or is under common control of the hospital. For |
4 | | the purposes of this definition, "control" means having at |
5 | | least an equal or a majority ownership or membership interest. |
6 | | A hospital affiliate shall be 100% owned or controlled by any |
7 | | combination of hospitals, their parent corporations, or |
8 | | physicians licensed to practice medicine in all its branches |
9 | | in Illinois. "Hospital affiliate" does not include a health |
10 | | maintenance organization regulated under the Health |
11 | | Maintenance Organization Act. |
12 | | 11. "Email address of record" means the designated email |
13 | | address recorded by the Department in the applicant's |
14 | | application file or the licensee's license file, as maintained |
15 | | by 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 |
20 | | authorizing the practice, with a collaborating physician, in |
21 | | this State, of health care to an applicant who is licensed to |
22 | | practice as a physician assistant in another state, if all of |
23 | | the following apply: |
24 | | (1) The Department determines that the applicant's |
25 | | services will improve the welfare of Illinois residents |
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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, |
23 | | clinic, or other medical facility engaged in the agreement |
24 | | with the applicant shall notify the Department should the |
25 | | applicant at any point leave or become separate from the |
26 | | sponsor. |
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1 | | The Department may adopt rules to carry out this Section. |
2 | | (b) A temporary permit under this Section shall expire 2 |
3 | | years after the date of issuance. The temporary permit may be |
4 | | renewed for a $45 fee for an additional 2 years. A holder of a |
5 | | temporary permit may only renew one time. |
6 | | (c) The temporary permit shall only permit the holder to |
7 | | practice as a physician assistant with a collaborating |
8 | | physician who provides health care services at the location or |
9 | | locations specified on the permit. |
10 | | (d) An application for the temporary permit shall be made |
11 | | to the Department, in writing, on forms prescribed by the |
12 | | Department, and shall be accompanied by a non-refundable fee |
13 | | of $75. |
14 | | (e) An applicant for a temporary permit may be requested |
15 | | to appear before the Board to respond to questions concerning |
16 | | the applicant's qualifications to receive the permit. An |
17 | | applicant's refusal to appear before the Board may be grounds |
18 | | for denial of the application by the Department. |
19 | | (f) The Secretary may summarily cancel any temporary |
20 | | permit issued pursuant to this Section, without a hearing, if |
21 | | the Secretary finds that evidence in the Secretary's |
22 | | possession indicates that a permit holder's continuation in |
23 | | practice would constitute an imminent danger to the public or |
24 | | violate any provision of the Physician Assistant Practice Act |
25 | | of 1987 or its rules. |
26 | | If the Secretary summarily cancels a temporary permit |
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1 | | issued pursuant to this Section or Act, the permit holder may |
2 | | petition the Department for a hearing in accordance with the |
3 | | provisions of Section 22.11 to restore the permit holder's |
4 | | permit, unless the permit holder has exceeded permit holder's |
5 | | renewal limit. |
6 | | (g) In addition to terminating any temporary permit issued |
7 | | pursuant to this Section or Act, the Department may issue a |
8 | | monetary penalty not to exceed $10,000 upon the temporary |
9 | | permit holder and may notify any state in which the temporary |
10 | | permit holder has been issued a permit that the temporary |
11 | | permit holder's Illinois permit has been terminated and the |
12 | | reasons for that termination. The monetary penalty shall be |
13 | | paid within 60 days after the effective date of the order |
14 | | imposing the penalty. The order shall constitute a judgment |
15 | | and may be filed, and execution had thereon in the same manner |
16 | | as any judgment from any court of record. It is the intent of |
17 | | the General Assembly that a permit issued pursuant to this |
18 | | Section shall be considered a privilege and not a property |
19 | | right. |
20 | | (h) While working in Illinois, all temporary permit |
21 | | holders are subject to all statutory and regulatory |
22 | | requirements of the Physician Assistant Practice Act of 1987 |
23 | | in the same manner as a licensee. Failure to adhere to all |
24 | | statutory and regulatory requirements may result in revocation |
25 | | or other discipline of the temporary permit. |
26 | | (i)If the Department becomes aware of a violation |
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1 | | occurring at the licensed hospital, medical office, clinic, or |
2 | | other medical facility, the Department shall notify the |
3 | | Department of Public Health. |
4 | | (j)The Department may adopt emergency rules pursuant to |
5 | | this Section. The General Assembly finds that the adoption of |
6 | | rules to implement a temporary permit for reproductive health |
7 | | is deemed an emergency and necessary for the public interest, |
8 | | safety, 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
|
13 | | revoke, suspend, place on probation, reprimand, or take other
|
14 | | disciplinary or non-disciplinary action with regard to any |
15 | | license issued under this Act as the
Department may deem |
16 | | proper, including the issuance of fines not to exceed
$10,000
|
17 | | for each violation, for any one or combination of the |
18 | | following causes:
|
19 | | &nbs |