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225 ILCS 65/70-5

    (225 ILCS 65/70-5) (was 225 ILCS 65/10-45)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 70-5. Grounds for disciplinary action.
    (a) The Department may refuse to issue or to renew, or may revoke, suspend, place on probation, reprimand, or take other disciplinary or non-disciplinary action as the Department may deem appropriate, including fines not to exceed $10,000 per violation, with regard to a license for any one or combination of the causes set forth in subsection (b) below. All fines collected under this Section shall be deposited in the Nursing Dedicated and Professional Fund.
    (b) Grounds for disciplinary action include the following:
        (1) Material deception in furnishing information to
the Department.
        (2) Material violations of any provision of this Act
or violation of the rules of or final administrative action of the Secretary, after consideration of the recommendation of the Board.
        (3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by sentencing of any crime, including, but not limited to, convictions, preceding sentences of supervision, conditional discharge, or first offender probation, under the laws of any jurisdiction of the United States: (i) that is a felony; or (ii) that is a misdemeanor, an essential element of which is dishonesty, or that is directly related to the practice of the profession.
        (4) A pattern of practice or other behavior which
demonstrates incapacity or incompetency to practice under this Act.
        (5) Knowingly aiding or assisting another person in
violating any provision of this Act or rules.
        (6) Failing, within 90 days, to provide a response to
a request for information in response to a written request made by the Department by certified or registered mail or by email to the email address of record.
        (7) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive, defraud or harm the public, as defined by rule.
        (8) Unlawful taking, theft, selling, distributing, or
manufacturing of any drug, narcotic, or prescription device.
        (9) Habitual or excessive use or addiction to
alcohol, narcotics, stimulants, or any other chemical agent or drug that could result in a licensee's inability to practice with reasonable judgment, skill or safety.
        (10) Discipline by another U.S. jurisdiction or
foreign nation, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Section.
        (11) A finding that the licensee, after having her or
his license placed on probationary status or subject to conditions or restrictions, has violated the terms of probation or failed to comply with such terms or conditions.
        (12) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services and under the Abused and Neglected Child Reporting Act, and upon proof by clear and convincing evidence that the licensee has caused a child to be an abused child or neglected child as defined in the Abused and Neglected Child Reporting Act.
        (13) Willful omission to file or record, or willfully
impeding the filing or recording or inducing another person to omit to file or record medical reports as required by law.
        (13.5) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused and Neglected Child Reporting Act.
        (14) Gross negligence in the practice of practical,
professional, or advanced practice registered nursing.
        (15) Holding oneself out to be practicing nursing
under any name other than one's own.
        (16) Failure of a licensee to report to the
Department any adverse final action taken against him or her by another licensing jurisdiction of the United States or any foreign state or country, any peer review body, any health care institution, any professional or nursing society or association, any governmental agency, any law enforcement agency, or any court or a nursing liability claim related to acts or conduct similar to acts or conduct that would constitute grounds for action as defined in this Section.
        (17) Failure of a licensee to report to the
Department surrender by the licensee of a license or authorization to practice nursing or advanced practice registered nursing in another state or jurisdiction or current surrender by the licensee of membership on any nursing staff or in any nursing or advanced practice registered nursing or professional association or society while under disciplinary investigation by any of those authorities or bodies for acts or conduct similar to acts or conduct that would constitute grounds for action as defined by this Section.
        (18) Failing, within 60 days, to provide information
in response to a written request made by the Department.
        (19) Failure to establish and maintain records of
patient care and treatment as required by law.
        (20) Fraud, deceit or misrepresentation in applying
for or procuring a license under this Act or in connection with applying for renewal of a license under this Act.
        (21) Allowing another person or organization to use
the licensee's license to deceive the public.
        (22) Willfully making or filing false records or
reports in the licensee's practice, including but not limited to false records to support claims against the medical assistance program of the Department of Healthcare and Family Services (formerly Department of Public Aid) under the Illinois Public Aid Code.
        (23) Attempting to subvert or cheat on a licensing
examination administered under this Act.
        (24) Immoral conduct in the commission of an act,
including, but not limited to, sexual abuse, sexual misconduct, or sexual exploitation, related to the licensee's practice.
        (25) Willfully or negligently violating the
confidentiality between nurse and patient except as required by law.
        (26) Practicing under a false or assumed name, except
as provided by law.
        (27) The use of any false, fraudulent, or deceptive
statement in any document connected with the licensee's practice.
        (28) Directly or indirectly giving to or receiving
from a person, firm, corporation, partnership, or association a fee, commission, rebate, or other form of compensation for professional services not actually or personally rendered. Nothing in this paragraph (28) affects any bona fide independent contractor or employment arrangements among health care professionals, health facilities, health care providers, or other entities, except as otherwise prohibited by law. Any employment arrangements may include provisions for compensation, health insurance, pension, or other employment benefits for the provision of services within the scope of the licensee's practice under this Act. Nothing in this paragraph (28) shall be construed to require an employment arrangement to receive professional fees for services rendered.
        (29) A violation of the Health Care Worker
Self-Referral Act.
        (30) Physical illness, mental illness, or disability
that results in the inability to practice the profession with reasonable judgment, skill, or safety.
        (31) Exceeding the terms of a collaborative
agreement or the prescriptive authority delegated to a licensee by his or her collaborating physician or podiatric physician in guidelines established under a written collaborative agreement.
        (32) Making a false or misleading statement
regarding a licensee's skill or the efficacy or value of the medicine, treatment, or remedy prescribed by him or her in the course of treatment.
        (33) Prescribing, selling, administering,
distributing, giving, or self-administering a drug classified as a controlled substance (designated product) or narcotic for other than medically accepted therapeutic purposes.
        (34) Promotion of the sale of drugs, devices,
appliances, or goods provided for a patient in a manner to exploit the patient for financial gain.
        (35) Violating State or federal laws, rules, or
regulations relating to controlled substances.
        (36) Willfully or negligently violating the
confidentiality between an advanced practice registered nurse, collaborating physician, dentist, or podiatric physician and a patient, except as required by law.
        (37) Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or self-neglect of an eligible adult as defined in and required by the Adult Protective Services Act.
        (38) Being named as an abuser in a verified report
by the Department on Aging and under the Adult Protective Services Act, and upon proof by clear and convincing evidence that the licensee abused, neglected, or financially exploited an eligible adult as defined in the Adult Protective Services Act.
        (39) A violation of any provision of this Act or any
rules adopted under this Act.
        (40) Violating the Compassionate Use of Medical
Cannabis Program Act.
    (c) The determination by a circuit court that a licensee is subject to involuntary admission or judicial admission as provided in the Mental Health and Developmental Disabilities Code, as amended, operates as an automatic suspension. The suspension will end only upon a finding by a court that the patient is no longer subject to involuntary admission or judicial admission and issues an order so finding and discharging the patient; and upon the recommendation of the Board to the Secretary that the licensee be allowed to resume his or her practice.
    (d) The Department may refuse to issue or may suspend or otherwise discipline the license of any person who fails to file a return, or to pay the tax, penalty or interest shown in a filed return, or to pay any final assessment of the tax, penalty, or interest as required by any tax Act administered by the Department of Revenue, until such time as the requirements of any such tax Act are satisfied.
    (e) In enforcing this Act, the Department, upon a showing of a possible violation, may compel an individual licensed to practice under this Act or who has applied for licensure under this Act, to submit to a mental or physical examination, or both, as required by and at the expense of the Department. The Department may order the examining physician to present testimony concerning the mental or physical examination of the licensee or applicant. No information shall be excluded by reason of any common law or statutory privilege relating to communications between the licensee or applicant and the examining physician. The examining physicians shall be specifically designated by the Department. The individual to be examined may have, at his or her own expense, another physician of his or her choice present during all aspects of this examination. Failure of an individual to submit to a mental or physical examination, when directed, shall result in an automatic suspension without hearing.
    All substance-related violations shall mandate an automatic substance abuse assessment. Failure to submit to an assessment by a licensed physician who is certified as an addictionist or an advanced practice registered nurse with specialty certification in addictions may be grounds for an automatic suspension, as defined by rule.
    If the Department finds an individual unable to practice or unfit for duty because of the reasons set forth in this subsection (e), the Department may require that individual to submit to a substance abuse evaluation or treatment by individuals or programs approved or designated by the Department, as a condition, term, or restriction for continued, restored, or renewed licensure to practice; or, in lieu of evaluation or treatment, the Department may file, or the Board may recommend to the Department to file, a complaint to immediately suspend, revoke, or otherwise discipline the license of the individual. An individual whose license was granted, continued, restored, renewed, disciplined or supervised subject to such terms, conditions, or restrictions, and who fails to comply with such terms, conditions, or restrictions, shall be referred to the Secretary for a determination as to whether the individual shall have his or her license suspended immediately, pending a hearing by the Department.
    In instances in which the Secretary immediately suspends a person's license under this subsection (e), a hearing on that person's license must be convened by the Department within 15 days after the suspension and completed without appreciable delay. The Department and Board shall have the authority to review the subject individual's record of treatment and counseling regarding the impairment to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of medical records.
    An individual licensed under this Act and affected under this subsection (e) shall be afforded an opportunity to demonstrate to the Department that he or she can resume practice in compliance with nursing standards under the provisions of his or her license.
(Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21.)