Bill Text: IL HB1008 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: Amends the Administration of Psychotropic Medications to Children Act. Requires the Department of Children and Family Services to maintain a record of certain information for every youth in care prescribed or provided psychotropic medication, including, but not limited to: (1) a list of the prescribed psychotropic medications; (2) the consent date for each prescribed psychotropic medication; and (3) the date the youth assented for each prescribed psychotropic medication. Requires the Department to collect all necessary information to complete its required annual report to the General Assembly and to use the information to analyze prescribing patterns by population for youth for whom the Department is legally responsible (DCFS youth). Requires the Department to ensure that on an annual basis all persons licensed to practice medicine who prescribe psychotropic medication to DCFS youth are provided with comprehensive up-to-date medical guidelines regarding the prescribing of such medications. Requires the Department to include in its annual report to the General Assembly information on the total number of requests the Department received requesting consent to provide psychotropic medication to DCFS youth and the total number of these requests that the Department denied; and other specified data. Requires the Department to post the annual report on its website. Provides that the Department of Financial and Professional Regulation may take certain disciplinary or non-disciplinary actions against any person issued a license or permit under the Act who commits repeated acts of clearly excessive prescribing, furnishing, or administering psychotropic medications to a minor without a good faith prior examination of the patient and medical reason.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-10 - Rule 19(a) / Re-referred to Rules Committee [HB1008 Detail]

Download: Illinois-2023-HB1008-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1008 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
20 ILCS 535/5
20 ILCS 535/15
225 ILCS 60/22 from Ch. 111, par. 4400-22
Amends the Administration of Psychotropic Medications to Children Act. Requires the Department of Children and Family Services to maintain a record of certain information for every youth in care prescribed or provided psychotropic medication, including, but not limited to: (1) a list of the prescribed psychotropic medications; (2) the consent date for each prescribed psychotropic medication; and (3) the date the youth assented for each prescribed psychotropic medication. Requires the Department to collect all necessary information to complete its required annual report to the General Assembly and to use the information to analyze prescribing patterns by population for youth for whom the Department is legally responsible (DCFS youth). Requires the Department to ensure that on an annual basis all persons licensed to practice medicine who prescribe psychotropic medication to DCFS youth are provided with comprehensive up-to-date medical guidelines regarding the prescribing of such medications. Requires the Department to include in its annual report to the General Assembly information on the total number of requests the Department received requesting consent to provide psychotropic medication to DCFS youth and the total number of these requests that the Department denied; and other specified data. Requires the Department to post the annual report on its website. Provides that the Department of Financial and Professional Regulation may take certain disciplinary or non-disciplinary actions against any person issued a license or permit under the Act who commits repeated acts of clearly excessive prescribing, furnishing, or administering psychotropic medications to a minor without a good faith prior examination of the patient and medical reason.
LRB103 04878 KTG 49888 b
A BILL FOR
HB1008 LRB103 04878 KTG 49888 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Administration of Psychotropic Medications
to Children Act is amended by changing Sections 5 and 15 as
follows:
(20 ILCS 535/5)
Sec. 5. Administration of psychotropic medications.
(a) On or before October 1, 2011, the Department of
Children and Family Services shall promulgate final rules,
amending its current rules establishing and maintaining
standards and procedures to govern the administration of
psychotropic medications. Such amendments to its rules shall
include, but are not limited to, the following:
(1) (a) The role of the Department in the
administration of psychotropic medications to youth for
whom it is legally responsible and who are in facilities
operated by the Illinois Department of Corrections or the
Illinois Department of Juvenile Justice.
(2) (b) Provisions regarding the administration of
psychotropic medications for youth for whom the Department
is legally responsible and who are in residential
facilities, group homes, transitional living programs, or

HB1008 - 2 - LRB103 04878 KTG 49888 b
foster homes where the youth is under the age of 18 or
where the youth is 18 or older and has provided the
Department with appropriate consent.
(3) (c) Provisions regarding the administration of
psychotropic medications for youth for whom the Department
is legally responsible and who are in psychiatric
hospitals.
(4) (d) Provisions concerning the emergency use of
psychotropic medications, including appropriate and timely
reporting.
(5) (e) Provisions prohibiting the administration of
psychotropic medications to persons for whom the
Department is legally responsible as punishment for bad
behavior, for the convenience of staff or caregivers, or
as a substitute for adequate mental health care or other
services.
(6) (f) The creation of a committee to develop, post
on a website, and periodically review materials listing
which psychotropic medications are approved for use with
youth for whom the Department has legal responsibility.
The materials shall include guidelines for the use of
psychotropic medications and may include the acceptable
range of dosages, contraindications, and time limits, if
any, and such other topics necessary to ensure the safe
and appropriate use of psychotropic medications.
(7) (g) Provisions regarding the appointment,

HB1008 - 3 - LRB103 04878 KTG 49888 b
qualifications, and training of employees of the
Department who are authorized to consent to the
administration of psychotropic medications to youth for
whom the Department has legal responsibility, including
the scope of the authority of such persons.
(8) (h) Provisions regarding training and materials
for parents, foster parents, and relative caretakers
concerning the rules governing the use of psychotropic
medications with youth for whom the Department has legal
responsibility.
(9) (i) With respect to any youth under the age of 18
for whom the Department has legal responsibility and who
does not assent to the administration of recommended
psychotropic medication, provisions providing standards
and procedures for reviewing the youth's concerns. With
respect to any youth over the age of 18 for whom the
Department has legal responsibility and who does not
consent to the administration of recommended psychotropic
medication, provisions providing standards and procedures
for reviewing the youth's concerns upon the youth's
request and with the youth's consent. Standards and
procedures developed under this subsection shall not be
inconsistent with the Mental Health and Developmental
Disabilities Code.
(10) (j) Provisions ensuring that, subject to all
relevant confidentiality laws, service plans for youth for

HB1008 - 4 - LRB103 04878 KTG 49888 b
whom the Department has legal responsibility include the
following information:
(A) (1) Identification by name and dosage of the
psychotropic medication known by the Department to
have been administered to the youth since the last
service plan.
(B) (2) The benefits of the psychotropic
medication.
(C) (3) The negative side effects of the
psychotropic medication.
(b) The Department shall maintain a record of the
following information for every youth in care prescribed or
provided psychotropic medication:
(1) a list of the psychotropic medications prescribed;
(2) the consent date for each psychotropic medication
prescribed;
(3) the date the youth assented for each psychotropic
medication prescribed;
(4) the prescriber's name and contact information;
(5) the diagnoses received on each youth; and
(6) the youth's weight.
(c) The Department shall collect all necessary information
to complete the annual report required under Section 15 and
use this information to analyze prescribing patterns by
population for youth for whom the Department is legally
responsible.

HB1008 - 5 - LRB103 04878 KTG 49888 b
(d) The Department may contract for consulting services
from a psychiatrist who has expertise and specializes in
pediatric care for the purposes of the analysis required under
subsection (c).
(e) The Department, in cooperation with the Department of
Healthcare and Family Services, shall ensure that on an annual
basis all persons licensed under the Medical Practice Act of
1987 to practice medicine in all of its branches who prescribe
psychotropic medication to youth for whom the Department is
legally responsible are provided with comprehensive,
up-to-date medical guidelines regarding the prescribing of
such medications to youth in care.
(Source: P.A. 97-245, eff. 8-4-11.)
(20 ILCS 535/15)
Sec. 15. Annual report.
(a) No later than December 31 of each year, the Department
shall prepare and submit an annual report, covering the
previous fiscal year, to the General Assembly concerning the
administration of psychotropic medication to persons for whom
it is legally responsible. This report shall include, but is
not limited to, the following:
(1) The number of violations of any rule enacted
pursuant to Section 5 of this Act.
(2) The number of warnings issued pursuant to
subsection (b) of Section 10 of this Act.

HB1008 - 6 - LRB103 04878 KTG 49888 b
(3) The number of physicians who have been issued
warnings pursuant to subsection (b) of Section 10 of this
Act.
(4) The number of physicians who have been reported to
the Department of Financial and Professional Regulation
pursuant to subsection (c) of Section 10 of this Act, and,
if available, the results of such reports.
(5) The number of facilities that have been reported
to the Department of Public Health pursuant to subsection
(d) of Section 10 of this Act and, if available, the
results of such reports.
(6) The number of Department-licensed facilities that
have been the subject of licensing complaints pursuant to
subsection (f) of Section 10 of this Act, and if
available, the results of the complaint investigations.
(7) Any recommendations for legislative changes or
amendments to any of its rules or procedures established
or maintained in compliance with this Act.
(8) The total number of requests the Department
received requesting consent to provide psychotropic
medication to youth for whom the Department is legally
responsible and the total number of these requests that
the Department denied.
(9) The number of physicians who prescribed
psychotropic medication to youth for whom the Department
is legally responsible and obtained the consent of the

HB1008 - 7 - LRB103 04878 KTG 49888 b
Department as guardian.
(10) The number of physicians who have prescribed
psychotropic medication to youth for whom the Department
is legally responsible without the consent of the
Department as guardian.
(11) The total number of youth for whom the Department
is legally responsible who are prescribed at least one
psychotropic medication.
(12) The total number of youth for whom the Department
is legally responsible who received at least one
psychotropic medication on an emergency basis, and of
those, the number in which Department procedures for
emergency consent and notification were followed.
(13) Pharmacy claims data for the youth categorized by
age groups 0 through 6, 7 through 12, or 13 through 17 and
further categorized by gender and the number and type of
medication prescribed.
Prior to the release of this data, personal identifiers,
such as name, date of birth, address, and Social Security
number, shall be removed and a unique identifier shall be
submitted.
(b) The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report as required
by Section 3.1 of the General Assembly Organization Act and by
filing additional copies with the State Government Report
Distribution Center for the General Assembly as required under

HB1008 - 8 - LRB103 04878 KTG 49888 b
paragraph (t) of Section 7 of the State Library Act.
(c) No later than December 31, 2024, and December 31 of
each year thereafter, the Department shall post on its website
each annual report required under this Section.
(Source: P.A. 100-1148, eff. 12-10-18.)
Section 10. The Medical Practice Act of 1987 is amended by
changing Section 22 as follows:
(225 ILCS 60/22) (from Ch. 111, par. 4400-22)
(Section scheduled to be repealed on January 1, 2027)
Sec. 22. Disciplinary action.
(A) The Department may revoke, suspend, place on
probation, reprimand, refuse to issue or renew, or take any
other disciplinary or non-disciplinary action as the
Department may deem proper with regard to the license or
permit of any person issued under this Act, including imposing
fines not to exceed $10,000 for each violation, upon any of the
following grounds:
(1) (Blank).
(2) (Blank).
(3) A plea of guilty or nolo contendere, finding of
guilt, jury verdict, or entry of judgment or sentencing,
including, but not limited to, convictions, preceding
sentences of supervision, conditional discharge, or first
offender probation, under the laws of any jurisdiction of

HB1008 - 9 - LRB103 04878 KTG 49888 b
the United States of any crime that is a felony.
(4) Gross negligence in practice under this Act.
(5) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud or harm the public.
(6) Obtaining any fee by fraud, deceit, or
misrepresentation.
(7) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, of alcohol, or of
any other substances which results in the inability to
practice with reasonable judgment, skill, or safety.
(8) Practicing under a false or, except as provided by
law, an assumed name.
(9) Fraud or misrepresentation in applying for, or
procuring, a license under this Act or in connection with
applying for renewal of a license under this Act.
(10) Making a false or misleading statement regarding
their skill or the efficacy or value of the medicine,
treatment, or remedy prescribed by them at their direction
in the treatment of any disease or other condition of the
body or mind.
(11) Allowing another person or organization to use
their license, procured under this Act, to practice.
(12) Adverse action taken by another state or
jurisdiction against a license or other authorization to
practice as a medical doctor, doctor of osteopathy, doctor

HB1008 - 10 - LRB103 04878 KTG 49888 b
of osteopathic medicine or doctor of chiropractic, a
certified copy of the record of the action taken by the
other state or jurisdiction being prima facie evidence
thereof. This includes any adverse action taken by a State
or federal agency that prohibits a medical doctor, doctor
of osteopathy, doctor of osteopathic medicine, or doctor
of chiropractic from providing services to the agency's
participants.
(13) Violation of any provision of this Act or of the
Medical Practice Act prior to the repeal of that Act, or
violation of the rules, or a final administrative action
of the Secretary, after consideration of the
recommendation of the Medical Board.
(14) Violation of the prohibition against fee
splitting in Section 22.2 of this Act.
(15) A finding by the Medical Board that the
registrant after having his or her license placed on
probationary status or subjected to conditions or
restrictions violated the terms of the probation or failed
to comply with such terms or conditions.
(16) Abandonment of a patient.
(17) Prescribing, selling, administering,
distributing, giving, or self-administering any drug
classified as a controlled substance (designated product)
or narcotic for other than medically accepted therapeutic
purposes.

HB1008 - 11 - LRB103 04878 KTG 49888 b
(18) Promotion of the sale of drugs, devices,
appliances, or goods provided for a patient in such manner
as to exploit the patient for financial gain of the
physician.
(19) Offering, undertaking, or agreeing to cure or
treat disease by a secret method, procedure, treatment, or
medicine, or the treating, operating, or prescribing for
any human condition by a method, means, or procedure which
the licensee refuses to divulge upon demand of the
Department.
(20) Immoral conduct in the commission of any act
including, but not limited to, commission of an act of
sexual misconduct related to the licensee's practice.
(21) Willfully making or filing false records or
reports in his or her practice as a physician, including,
but not limited to, false records to support claims
against the medical assistance program of the Department
of Healthcare and Family Services (formerly Department of
Public Aid) under the Illinois Public Aid Code.
(22) Willful omission to file or record, or willfully
impeding the filing or recording, or inducing another
person to omit to file or record, medical reports as
required by law, or willfully failing to report an
instance of suspected abuse or neglect as required by law.
(23) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services

HB1008 - 12 - LRB103 04878 KTG 49888 b
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(24) Solicitation of professional patronage by any
corporation, agents or persons, or profiting from those
representing themselves to be agents of the licensee.
(25) Gross and willful and continued overcharging for
professional services, including filing false statements
for collection of fees for which services are not
rendered, including, but not limited to, filing such false
statements for collection of monies for services not
rendered from the medical assistance program of the
Department of Healthcare and Family Services (formerly
Department of Public Aid) under the Illinois Public Aid
Code.
(26) A pattern of practice or other behavior which
demonstrates incapacity or incompetence to practice under
this Act.
(27) Mental illness or disability which results in the
inability to practice under this Act with reasonable
judgment, skill, or safety.
(28) Physical illness, including, but not limited to,
deterioration through the aging process, or loss of motor
skill which results in a physician's inability to practice

HB1008 - 13 - LRB103 04878 KTG 49888 b
under this Act with reasonable judgment, skill, or safety.
(29) Cheating on or attempting to subvert the
licensing examinations administered under this Act.
(30) Willfully or negligently violating the
confidentiality between physician and patient except as
required by law.
(31) The use of any false, fraudulent, or deceptive
statement in any document connected with practice under
this Act.
(32) Aiding and abetting an individual not licensed
under this Act in the practice of a profession licensed
under this Act.
(33) Violating state or federal laws or regulations
relating to controlled substances, legend drugs, or
ephedra as defined in the Ephedra Prohibition Act.
(34) Failure to report to the Department any adverse
final action taken against them by another licensing
jurisdiction (any other state or any territory of the
United States or any foreign state or country), by any
peer review body, by any health care institution, by any
professional society or association related to practice
under this Act, by any governmental agency, by any law
enforcement agency, or by any court for acts or conduct
similar to acts or conduct which would constitute grounds
for action as defined in this Section.
(35) Failure to report to the Department surrender of

HB1008 - 14 - LRB103 04878 KTG 49888 b
a license or authorization to practice as a medical
doctor, a doctor of osteopathy, a doctor of osteopathic
medicine, or doctor of chiropractic in another state or
jurisdiction, or surrender of membership on any medical
staff or in any medical or professional association or
society, while under disciplinary investigation by any of
those authorities or bodies, for acts or conduct similar
to acts or conduct which would constitute grounds for
action as defined in this Section.
(36) Failure to report to the Department any adverse
judgment, settlement, or award arising from a liability
claim related to acts or conduct similar to acts or
conduct which would constitute grounds for action as
defined in this Section.
(37) Failure to provide copies of medical records as
required by law.
(38) Failure to furnish the Department, its
investigators or representatives, relevant information,
legally requested by the Department after consultation
with the Chief Medical Coordinator or the Deputy Medical
Coordinator.
(39) Violating the Health Care Worker Self-Referral
Act.
(40) Willful failure to provide notice when notice is
required under the Parental Notice of Abortion Act of
1995.

HB1008 - 15 - LRB103 04878 KTG 49888 b
(41) Failure to establish and maintain records of
patient care and treatment as required by this law.
(42) Entering into an excessive number of written
collaborative agreements with licensed advanced practice
registered nurses resulting in an inability to adequately
collaborate.
(43) Repeated failure to adequately collaborate with a
licensed advanced practice registered nurse.
(44) Violating the Compassionate Use of Medical
Cannabis Program Act.
(45) Entering into an excessive number of written
collaborative agreements with licensed prescribing
psychologists resulting in an inability to adequately
collaborate.
(46) Repeated failure to adequately collaborate with a
licensed prescribing psychologist.
(47) Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act.
(48) Being named as an abuser in a verified report by
the Department on Aging under the Adult Protective
Services Act, and upon proof by clear and convincing
evidence that the licensee abused, neglected, or
financially exploited an eligible adult as defined in the
Adult Protective Services Act.

HB1008 - 16 - LRB103 04878 KTG 49888 b
(49) Entering into an excessive number of written
collaborative agreements with licensed physician
assistants resulting in an inability to adequately
collaborate.
(50) Repeated failure to adequately collaborate with a
physician assistant.
(51) Repeated acts of clearly excessive prescribing,
furnishing, or administering psychotropic medications to a
minor without a good faith prior examination of the
patient and medical reason therefor.
Except for actions involving the ground numbered (26), all
proceedings to suspend, revoke, place on probationary status,
or take any other disciplinary action as the Department may
deem proper, with regard to a license on any of the foregoing
grounds, must be commenced within 5 years next after receipt
by the Department of a complaint alleging the commission of or
notice of the conviction order for any of the acts described
herein. Except for the grounds numbered (8), (9), (26), and
(29), no action shall be commenced more than 10 years after the
date of the incident or act alleged to have violated this
Section. For actions involving the ground numbered (26), a
pattern of practice or other behavior includes all incidents
alleged to be part of the pattern of practice or other behavior
that occurred, or a report pursuant to Section 23 of this Act
received, within the 10-year period preceding the filing of
the complaint. In the event of the settlement of any claim or

HB1008 - 17 - LRB103 04878 KTG 49888 b
cause of action in favor of the claimant or the reduction to
final judgment of any civil action in favor of the plaintiff,
such claim, cause of action, or civil action being grounded on
the allegation that a person licensed under this Act was
negligent in providing care, the Department shall have an
additional period of 2 years from the date of notification to
the Department under Section 23 of this Act of such settlement
or final judgment in which to investigate and commence formal
disciplinary proceedings under Section 36 of this Act, except
as otherwise provided by law. The time during which the holder
of the license was outside the State of Illinois shall not be
included within any period of time limiting the commencement
of disciplinary action by the Department.
The entry of an order or judgment by any circuit court
establishing that any person holding a license under this Act
is a person in need of mental treatment operates as a
suspension of that license. That person may resume his or her
practice only upon the entry of a Departmental order based
upon a finding by the Medical Board that the person has been
determined to be recovered from mental illness by the court
and upon the Medical Board's recommendation that the person be
permitted to resume his or her practice.
The Department may refuse to issue or take disciplinary
action concerning the license of any person who fails to file a
return, or to pay the tax, penalty, or interest shown in a
filed return, or to pay any final assessment of tax, penalty,

HB1008 - 18 - LRB103 04878 KTG 49888 b
or interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied as determined
by the Illinois Department of Revenue.
The Department, upon the recommendation of the Medical
Board, shall adopt rules which set forth standards to be used
in determining:
(a) when a person will be deemed sufficiently
rehabilitated to warrant the public trust;
(b) what constitutes dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public;
(c) what constitutes immoral conduct in the commission
of any act, including, but not limited to, commission of
an act of sexual misconduct related to the licensee's
practice; and
(d) what constitutes gross negligence in the practice
of medicine.
However, no such rule shall be admissible into evidence in
any civil action except for review of a licensing or other
disciplinary action under this Act.
In enforcing this Section, the Medical Board, upon a
showing of a possible violation, may compel any individual who
is licensed to practice under this Act or holds a permit to
practice under this Act, or any individual who has applied for
licensure or a permit pursuant to this Act, to submit to a

HB1008 - 19 - LRB103 04878 KTG 49888 b
mental or physical examination and evaluation, or both, which
may include a substance abuse or sexual offender evaluation,
as required by the Medical Board and at the expense of the
Department. The Medical Board shall specifically designate the
examining physician licensed to practice medicine in all of
its branches or, if applicable, the multidisciplinary team
involved in providing the mental or physical examination and
evaluation, or both. The multidisciplinary team shall be led
by a physician licensed to practice medicine in all of its
branches and may consist of one or more or a combination of
physicians licensed to practice medicine in all of its
branches, licensed chiropractic physicians, licensed clinical
psychologists, licensed clinical social workers, licensed
clinical professional counselors, and other professional and
administrative staff. Any examining physician or member of the
multidisciplinary team may require any person ordered to
submit to an examination and evaluation pursuant to this
Section to submit to any additional supplemental testing
deemed necessary to complete any examination or evaluation
process, including, but not limited to, blood testing,
urinalysis, psychological testing, or neuropsychological
testing. The Medical Board or the Department may order the
examining physician or any member of the multidisciplinary
team to provide to the Department or the Medical Board any and
all records, including business records, that relate to the
examination and evaluation, including any supplemental testing

HB1008 - 20 - LRB103 04878 KTG 49888 b
performed. The Medical Board or the Department may order the
examining physician or any member of the multidisciplinary
team to present testimony concerning this examination and
evaluation of the licensee, permit holder, or applicant,
including testimony concerning any supplemental testing or
documents relating to the examination and evaluation. No
information, report, record, or other documents in any way
related to the examination and evaluation shall be excluded by
reason of any common law or statutory privilege relating to
communication between the licensee, permit holder, or
applicant and the examining physician or any member of the
multidisciplinary team. No authorization is necessary from the
licensee, permit holder, or applicant ordered to undergo an
evaluation and examination for the examining physician or any
member of the multidisciplinary team to provide information,
reports, records, or other documents or to provide any
testimony regarding the examination and evaluation. The
individual to be examined may have, at his or her own expense,
another physician of his or her choice present during all
aspects of the examination. Failure of any individual to
submit to mental or physical examination and evaluation, or
both, when directed, shall result in an automatic suspension,
without hearing, until such time as the individual submits to
the examination. If the Medical Board finds a physician unable
to practice following an examination and evaluation because of
the reasons set forth in this Section, the Medical Board shall

HB1008 - 21 - LRB103 04878 KTG 49888 b
require such physician to submit to care, counseling, or
treatment by physicians, or other health care professionals,
approved or designated by the Medical Board, as a condition
for issued, continued, reinstated, or renewed licensure to
practice. Any physician, whose license was granted pursuant to
Sections 9, 17, or 19 of this Act, or, continued, reinstated,
renewed, disciplined or supervised, subject to such terms,
conditions, or restrictions who shall fail to comply with such
terms, conditions, or restrictions, or to complete a required
program of care, counseling, or treatment, as determined by
the Chief Medical Coordinator or Deputy Medical Coordinators,
shall be referred to the Secretary for a determination as to
whether the licensee shall have his or her license suspended
immediately, pending a hearing by the Medical Board. In
instances in which the Secretary immediately suspends a
license under this Section, a hearing upon such person's
license must be convened by the Medical Board within 15 days
after such suspension and completed without appreciable delay.
The Medical Board shall have the authority to review the
subject physician's record of treatment and counseling
regarding the impairment, to the extent permitted by
applicable federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act, affected under this
Section, shall be afforded an opportunity to demonstrate to
the Medical Board that he or she can resume practice in

HB1008 - 22 - LRB103 04878 KTG 49888 b
compliance with acceptable and prevailing standards under the
provisions of his or her license.
The Department may promulgate rules for the imposition of
fines in disciplinary cases, not to exceed $10,000 for each
violation of this Act. Fines may be imposed in conjunction
with other forms of disciplinary action, but shall not be the
exclusive disposition of any disciplinary action arising out
of conduct resulting in death or injury to a patient. Any funds
collected from such fines shall be deposited in the Illinois
State Medical Disciplinary Fund.
All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the fine
or in accordance with the terms set forth in the order imposing
the fine.
(B) The Department shall revoke the license or permit
issued under this Act to practice medicine or a chiropractic
physician who has been convicted a second time of committing
any felony under the Illinois Controlled Substances Act or the
Methamphetamine Control and Community Protection Act, or who
has been convicted a second time of committing a Class 1 felony
under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
person whose license or permit is revoked under this
subsection B shall be prohibited from practicing medicine or
treating human ailments without the use of drugs and without
operative surgery.
(C) The Department shall not revoke, suspend, place on

HB1008 - 23 - LRB103 04878 KTG 49888 b
probation, reprimand, refuse to issue or renew, or take any
other disciplinary or non-disciplinary action against the
license or permit issued under this Act to practice medicine
to a physician:
(1) based solely upon the recommendation of the
physician to an eligible patient regarding, or
prescription for, or treatment with, an investigational
drug, biological product, or device; or
(2) for experimental treatment for Lyme disease or
other tick-borne diseases, including, but not limited to,
the prescription of or treatment with long-term
antibiotics.
(D) The Medical Board shall recommend to the Department
civil penalties and any other appropriate discipline in
disciplinary cases when the Medical Board finds that a
physician willfully performed an abortion with actual
knowledge that the person upon whom the abortion has been
performed is a minor or an incompetent person without notice
as required under the Parental Notice of Abortion Act of 1995.
Upon the Medical Board's recommendation, the Department shall
impose, for the first violation, a civil penalty of $1,000 and
for a second or subsequent violation, a civil penalty of
$5,000.
(Source: P.A. 101-13, eff. 6-12-19; 101-81, eff. 7-12-19;
101-363, eff. 8-9-19; 102-20, eff. 1-1-22; 102-558, eff.
8-20-21; 102-813, eff. 5-13-22.)