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| Public Act 103-0442
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| HB3109 Enrolled | LRB103 29825 AMQ 56233 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Medical Practice Act of 1987 is amended by |
changing Sections 9 and 22 as follows:
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(225 ILCS 60/9) (from Ch. 111, par. 4400-9)
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(Section scheduled to be repealed on January 1, 2027)
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Sec. 9. Application for license. Each applicant for a |
license shall:
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(A) Make application on blank forms prepared and
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furnished by the Department.
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(B) Submit evidence satisfactory to the Department
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that the applicant:
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(1) is of good moral character. In determining |
moral
character under this Section, the Department may |
take into
consideration whether the applicant has |
engaged in conduct
or activities which would |
constitute grounds for discipline
under this Act. The |
Department may also request the
applicant to submit, |
and may consider as evidence of moral
character, |
endorsements from 2 or 3 individuals licensed
under |
this Act;
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(2) has the preliminary and professional education
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required by this Act;
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(3) (blank); and
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(4) is physically, mentally, and professionally |
capable
of practicing medicine with reasonable |
judgment, skill, and
safety. In determining physical |
and mental
capacity under this Section, the Medical |
Board
may, upon a showing of a possible incapacity or |
conduct or activities that would constitute grounds |
for discipline under this Act, compel any
applicant to |
submit to a mental or physical examination and |
evaluation, or
both, as provided for in Section 22 of |
this Act. The Medical Board may condition or restrict |
any
license, subject to the same terms and conditions |
as are
provided for the Medical Board under Section 22
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of this Act. Any such condition of a restricted |
license
shall provide that the Chief Medical |
Coordinator or Deputy
Medical Coordinator shall have |
the authority to review the
subject physician's |
compliance with such conditions or
restrictions, |
including, where appropriate, the physician's
record |
of treatment and counseling regarding the impairment,
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to the extent permitted by applicable federal statutes |
and
regulations safeguarding the confidentiality of |
medical
records of patients. The Medical Board, in |
determining mental capacity, shall consider the latest |
recommendations of the Federation of State Medical |
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Boards.
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In determining professional capacity under this
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Section, an individual may be required to
complete such |
additional testing, training, or remedial
education as the |
Medical Board may deem necessary in order
to establish the |
applicant's present capacity to practice
medicine with |
reasonable judgment, skill, and safety. The Medical Board |
may consider the following criteria, as they relate to an |
applicant, as part of its determination of professional |
capacity:
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(1) Medical research in an established research |
facility, hospital, college or university, or private |
corporation. |
(2) Specialized training or education. |
(3) Publication of original work in learned, |
medical, or scientific journals. |
(4) Participation in federal, State, local, or |
international public health programs or organizations. |
(5) Professional service in a federal veterans or |
military institution. |
(6) Any other professional activities deemed to |
maintain and enhance the clinical capabilities of the |
applicant. |
Any applicant applying for a license to practice |
medicine in all of its branches or for a license as a |
chiropractic physician who has not been engaged in the |
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active practice of medicine or has not been enrolled in a |
medical program for 2 years prior to application must |
submit proof of professional capacity to the Medical |
Board. |
Any applicant applying for a temporary license that |
has not been engaged in the active practice of medicine or |
has not been enrolled in a medical program for longer than |
5 years prior to application must submit proof of |
professional capacity to the Medical Board. |
(C) Designate specifically the name, location, and
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kind of professional school, college, or institution of
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which the applicant is a graduate and the category under
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which the applicant seeks, and will undertake, to |
practice.
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(D) Pay to the Department at the time of application
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the required fees.
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(E) Pursuant to Department rules, as required, pass an
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examination authorized by the Department to determine
the |
applicant's fitness to receive a license.
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(F) Complete the application process within 3 years |
from the date of
application. If the process has not been |
completed within 3 years, the
application shall expire, |
application fees shall be forfeited, and the
applicant
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must reapply and meet the requirements in effect at the |
time of
reapplication.
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(Source: P.A. 102-20, eff. 1-1-22.)
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(225 ILCS 60/22) (from Ch. 111, par. 4400-22)
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(Section scheduled to be repealed on January 1, 2027)
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Sec. 22. Disciplinary action.
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(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:
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(1) (Blank).
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(2) (Blank).
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(3) A plea of guilty or nolo contendere, finding of |
guilt, jury verdict, or entry of judgment or sentencing, |
including, but not limited to, convictions, preceding |
sentences of supervision, conditional discharge, or first |
offender probation, under the laws of any jurisdiction of |
the United States of any crime that is a felony.
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(4) Gross negligence in practice under this Act.
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(5) Engaging in dishonorable, unethical, or |
unprofessional
conduct of a
character likely to deceive, |
defraud, or harm the public.
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(6) Obtaining any fee by fraud, deceit, or
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misrepresentation.
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(7) Habitual or excessive use or abuse of drugs |
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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.
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(8) Practicing under a false or, except as provided by |
law, an
assumed
name.
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(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.
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(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.
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(11) Allowing another person or organization to use |
their
license, procured
under this Act, to practice.
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(12) Adverse action taken by another state or |
jurisdiction
against a license
or other authorization to |
practice as a medical doctor, doctor of osteopathy,
doctor |
of osteopathic medicine, or
doctor of chiropractic, a |
certified copy of the record of the action taken by
the |
other state or jurisdiction being prima facie evidence |
thereof. This includes any adverse action taken by a State |
or federal agency that prohibits a medical doctor, doctor |
of osteopathy, doctor of osteopathic medicine, or doctor |
of chiropractic from providing services to the agency's |
participants.
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(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
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recommendation of the Medical Board.
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(14) Violation of the prohibition against fee |
splitting in Section 22.2 of this Act.
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(15) A finding by the Medical Board that the
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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.
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(16) Abandonment of a patient.
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(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
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purposes.
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(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.
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(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 |
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the
licensee refuses to divulge upon demand of the |
Department.
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(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.
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(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
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Public Aid)
under the Illinois Public Aid Code.
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(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.
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(23) Being named as a perpetrator in an indicated |
report by
the Department
of Children and Family Services |
under the Abused and Neglected Child Reporting
Act, and |
upon proof by clear and convincing evidence that the |
licensee has
caused a child to be an abused child or |
neglected child as defined in the
Abused and Neglected |
Child Reporting Act.
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(24) Solicitation of professional patronage by any
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corporation, agents, or
persons, or profiting from those |
representing themselves to be agents of the
licensee.
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(25) Gross and willful and continued overcharging for
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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
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Code.
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(26) A pattern of practice or other behavior which
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demonstrates
incapacity
or incompetence to practice under |
this Act.
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(27) Mental illness or disability which results in the
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inability to
practice under this Act with reasonable |
judgment, skill, or safety.
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(28) Physical illness, including, but not limited to,
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deterioration through
the aging process, or loss of motor |
skill which results in a physician's
inability to practice |
under this Act with reasonable judgment, skill, or
safety.
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(29) Cheating on or attempting to subvert the |
licensing
examinations
administered under this Act.
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(30) Willfully or negligently violating the |
confidentiality
between
physician and patient except as |
required by law.
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(31) The use of any false, fraudulent, or deceptive |
statement
in any
document connected with practice under |
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this Act.
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(32) Aiding and abetting an individual not licensed |
under this
Act in the
practice of a profession licensed |
under this Act.
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(33) Violating State or federal laws or regulations |
relating
to controlled
substances, legend
drugs, or |
ephedra as defined in the Ephedra Prohibition Act.
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(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.
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(35) Failure to report to the Department surrender of |
a
license or
authorization to practice as a medical |
doctor, a doctor of osteopathy, a
doctor of osteopathic |
medicine, or doctor
of chiropractic in another state or |
jurisdiction, or surrender of membership on
any medical |
staff or in any medical or professional association or |
society,
while under disciplinary investigation by any of |
those authorities or bodies,
for acts or conduct similar |
to acts or conduct which would constitute grounds
for |
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action as defined in this Section.
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(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.
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(37) Failure to provide copies of medical records as |
required
by law.
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(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
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Coordinator.
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(39) Violating the Health Care Worker Self-Referral
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Act.
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(40) (Blank).
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(41) Failure to establish and maintain records of |
patient care and
treatment as required by this law.
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(42) Entering into an excessive number of written |
collaborative
agreements with licensed advanced practice |
registered nurses resulting in an inability to
adequately |
collaborate.
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(43) Repeated failure to adequately collaborate with a |
licensed advanced practice registered nurse. |
(44) Violating the Compassionate Use of Medical |
Cannabis Program Act.
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(45) Entering into an excessive number of written |
collaborative agreements with licensed prescribing |
psychologists resulting in an inability to adequately |
collaborate. |
(46) Repeated failure to adequately collaborate with a |
licensed prescribing psychologist. |
(47) Willfully failing to report an instance of |
suspected abuse, neglect, financial exploitation, or |
self-neglect of an eligible adult as defined in and |
required by the Adult Protective Services Act. |
(48) Being named as an abuser in a verified report by |
the Department on Aging under the Adult Protective |
Services Act, and upon proof by clear and convincing |
evidence that the licensee abused, neglected, or |
financially exploited an eligible adult as defined in the |
Adult Protective Services Act. |
(49) Entering into an excessive number of written |
collaborative agreements with licensed physician |
assistants resulting in an inability to adequately |
collaborate. |
(50) Repeated failure to adequately collaborate with a |
physician assistant. |
Except
for actions involving the ground numbered (26), all |
proceedings to suspend,
revoke, place on probationary status, |
or take any
other disciplinary action as the Department may |
deem proper, with regard to a
license on any of the foregoing |
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grounds, must be commenced within 5 years next
after receipt |
by the Department of a complaint alleging the commission of or
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notice of the conviction order for any of the acts described |
herein. Except
for the grounds numbered (8), (9), (26), and |
(29), no action shall be commenced more
than 10 years after the |
date of the incident or act alleged to have violated
this |
Section. For actions involving the ground numbered (26), a |
pattern of practice or other behavior includes all incidents |
alleged to be part of the pattern of practice or other behavior |
that occurred, or a report pursuant to Section 23 of this Act |
received, within the 10-year period preceding the filing of |
the complaint. In the event of the settlement of any claim or |
cause of action
in favor of the claimant or the reduction to |
final judgment of any civil action
in favor of the plaintiff, |
such claim, cause of action, or civil action being
grounded on |
the allegation that a person licensed under this Act was |
negligent
in providing care, the Department shall have an |
additional period of 2 years
from the date of notification to |
the Department under Section 23 of this Act
of such settlement |
or final judgment in which to investigate and
commence formal |
disciplinary proceedings under Section 36 of this Act, except
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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.
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The entry of an order or judgment by any circuit court |
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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
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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.
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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
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filed return, or to pay any final assessment of tax, penalty, |
or interest, as
required by any tax Act administered by the |
Illinois Department of Revenue,
until such time as the |
requirements of any such tax Act are satisfied as
determined |
by the Illinois Department of Revenue.
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The Department, upon the recommendation of the Medical |
Board, shall
adopt rules which set forth standards to be used |
in determining:
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(a) when a person will be deemed sufficiently |
rehabilitated to warrant the
public trust;
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(b) what constitutes dishonorable, unethical, or |
unprofessional conduct of
a character likely to deceive, |
defraud, or harm the public;
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(c) what constitutes immoral conduct in the commission |
of any act,
including, but not limited to, commission of |
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an act of sexual misconduct
related
to the licensee's |
practice; and
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(d) what constitutes gross negligence in the practice |
of medicine.
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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.
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In enforcing this Section, the Medical Board,
upon a |
showing of a possible violation, may compel any individual who |
is licensed to
practice under this Act or holds a permit to |
practice under this Act, or any individual who has applied for |
licensure or a permit
pursuant to this Act, to submit to a |
mental or physical examination and evaluation, or both,
which |
may include a substance abuse or sexual offender evaluation, |
as required by the Medical Board and at the expense of the |
Department. The Medical Board shall specifically designate the |
examining physician licensed to practice medicine in all of |
its branches or, if applicable, the multidisciplinary team |
involved in providing the mental or physical examination and |
evaluation, or both. The multidisciplinary team shall be led |
by a physician licensed to practice medicine in all of its |
branches and may consist of one or more or a combination of |
physicians licensed to practice medicine in all of its |
branches, licensed chiropractic physicians, licensed clinical |
psychologists, licensed clinical social workers, licensed |
clinical professional counselors, and other professional and |
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administrative staff. Any examining physician or member of the |
multidisciplinary team may require any person ordered to |
submit to an examination and evaluation pursuant to this |
Section to submit to any additional supplemental testing |
deemed necessary to complete any examination or evaluation |
process, including, but not limited to, blood testing, |
urinalysis, psychological testing, or neuropsychological |
testing.
The Medical Board or the Department may order the |
examining
physician or any member of the multidisciplinary |
team to provide to the Department or the Medical Board any and |
all records, including business records, that relate to the |
examination and evaluation, including any supplemental testing |
performed. The Medical Board or the Department may order the |
examining physician or any member of the multidisciplinary |
team to present testimony concerning this examination
and |
evaluation of the licensee, permit holder, or applicant, |
including testimony concerning any supplemental testing or |
documents relating to the examination and evaluation. No |
information, report, record, or other documents in any way |
related to the examination and evaluation shall be excluded by |
reason of
any common
law or statutory privilege relating to |
communication between the licensee, permit holder, or
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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 |
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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
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to practice following an examination and evaluation because of |
the reasons set forth in this Section, the Medical Board shall |
require such physician to submit to care, counseling, or |
treatment
by physicians, or other health care professionals, |
approved or designated by the Medical Board, as a condition
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for issued, continued, reinstated, or renewed licensure to |
practice. Any physician,
whose license was granted pursuant to |
Section 9, 17, or 19 of this Act, or,
continued, reinstated, |
renewed, disciplined, or supervised, subject to such
terms, |
conditions, or restrictions who shall fail to comply with such |
terms,
conditions, or restrictions, or to complete a required |
program of care,
counseling, or treatment, as determined by |
the Chief Medical Coordinator or
Deputy Medical Coordinators, |
shall be referred to the Secretary for a
determination as to |
whether the licensee shall have his or her license suspended
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immediately, pending a hearing by the Medical Board. In |
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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
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confidentiality of medical records.
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An individual licensed under this Act, affected under this |
Section, shall be
afforded an opportunity to demonstrate to |
the Medical Board that he or she can
resume practice in |
compliance with acceptable and prevailing standards under
the |
provisions of his or her license. |
The Medical Board, in determining mental capacity of an |
individual licensed under this Act, shall consider the latest |
recommendations of the Federation of State Medical Boards.
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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
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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.
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All fines imposed under this Section shall be paid within |
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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
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operative surgery.
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(C) The Department shall not revoke, suspend, place on |
probation, reprimand, refuse to issue or renew, or take any |
other disciplinary or non-disciplinary action against the |
license or permit issued under this Act to practice medicine |
to a physician: |
(1) based solely upon the recommendation of the |
physician to an eligible patient regarding, or |
prescription for, or treatment with, an investigational |
drug, biological product, or device; |
(2) for experimental treatment for Lyme disease or |
other tick-borne diseases, including, but not limited to, |
the prescription of or treatment with long-term |
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antibiotics; |
(3) based solely upon the physician providing, |
authorizing, recommending, aiding, assisting, referring |
for, or otherwise participating in any health care |
service, so long as the care was not unlawful under the |
laws of this State, regardless of whether the patient was |
a resident of this State or another state; or |
(4) based upon the physician's license being revoked |
or suspended, or the physician being otherwise disciplined |
by any other state, if that revocation, suspension, or |
other form of discipline was based solely on the physician |
violating another state's laws prohibiting the provision |
of, authorization of, recommendation of, aiding or |
assisting in, referring for, or participation in any |
health care service if that health care service as |
provided would not have been unlawful under the laws of |
this State and is consistent with the standards of conduct |
for the physician if it occurred in Illinois. |
(D) (Blank).
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(E) The conduct specified in subsection (C) shall not |
trigger reporting requirements under Section 23, constitute |
grounds for suspension under Section 25, or be included on the |
physician's profile required under Section 10 of the Patients' |
Right to Know Act. |
(F) An applicant seeking licensure, certification, or |
authorization pursuant to this Act and who has been subject to |
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disciplinary action by a duly authorized professional |
disciplinary agency of another jurisdiction solely on the |
basis of having provided, authorized, recommended, aided, |
assisted, referred for, or otherwise participated in health |
care shall not be denied such licensure, certification, or |
authorization, unless the Department determines that the |
action would have constituted professional misconduct in this |
State; however, nothing in this Section shall be construed as |
prohibiting the Department from evaluating the conduct of the |
applicant and making a determination regarding the licensure, |
certification, or authorization to practice a profession under |
this Act. |
(G) The Department may adopt rules to implement the |
changes made by this amendatory Act of the 102nd General |
Assembly. |
(Source: P.A. 101-13, eff. 6-12-19; 101-81, eff. 7-12-19; |
101-363, eff. 8-9-19; 102-20, eff. 1-1-22; 102-558, eff. |
8-20-21; 102-813, eff. 5-13-22; 102-1117, eff. 1-13-23.)
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