Bill Text: IL HB3461 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Regulatory Sunset Act. Extends the repeal date of the Physician Assistant Practice Act of 1987 from January 1, 2018 to January 1, 2028. Amends the Physician Assistant Practice Act of 1987. Provides that all applicants and licensees shall provide a valid address and email address, which shall serve as the address and email address of record, and shall inform the Department of Financial and Professional Regulation of any change of address or email address through specified means. Provides provisions concerning confidentiality of information collected by the Department in the course of an examination or investigation. Makes changes in provisions concerning the application of the Illinois Administrative Procedure Act, definitions, supervision requirements, prescriptive authority, physician assistants in hospitals, hospital affiliates, or ambulatory surgical treatment centers, application for licensure, identification, qualifications for licensure, Department powers and duties, fees, expiration and renewal of license, grounds for disciplinary action, investigation notices, hearings, hearing officers, restoration of license, administrative review, and certification of the record. Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB3461 Detail]

Download: Illinois-2017-HB3461-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB3461 Introduced , by Rep. Cynthia Soto SYNOPSIS AS INTRODUCED:
See Index
Amends the Regulatory Sunset Act. Extends the repeal date of the Physician Assistant Practice Act of 1987 from January 1, 2018 to January 1, 2028. Amends the Physician Assistant Practice Act of 1987. Provides that all applicants and licensees shall provide a valid address and email address, which shall serve as the address and email address of record, and shall inform the Department of Financial and Professional Regulation of any change of address or email address through specified means. Provides provisions concerning confidentiality of information collected by the Department in the course of an examination or investigation. Makes changes in provisions concerning the application of the Illinois Administrative Procedure Act, definitions, supervision requirements, prescriptive authority, physician assistants in hospitals, hospital affiliates, or ambulatory surgical treatment centers, application for licensure, identification, qualifications for licensure, Department powers and duties, fees, expiration and renewal of license, grounds for disciplinary action, investigation notices, hearings, hearing officers, restoration of license, administrative review, and certification of the record. Makes other changes. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Regulatory Sunset Act is amended by changing
Section 4.28 and by adding Section 4.38 as follows:
(5 ILCS 80/4.28)
Sec. 4.28. Acts repealed on January 1, 2018. The following
Acts are repealed on January 1, 2018:
The Illinois Petroleum Education and Marketing Act.
The Podiatric Medical Practice Act of 1987.
The Acupuncture Practice Act.
The Illinois Speech-Language Pathology and Audiology
Practice Act.
The Interpreter for the Deaf Licensure Act of 2007.
The Nurse Practice Act.
The Clinical Social Work and Social Work Practice Act.
The Pharmacy Practice Act.
The Home Medical Equipment and Services Provider License
Act.
The Marriage and Family Therapy Licensing Act.
The Nursing Home Administrators Licensing and Disciplinary
Act.
The Physician Assistant Practice Act of 1987.

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(Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07;
95-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff.
9-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689,
eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08;
96-328, eff. 8-11-09.)
(5 ILCS 80/4.38 new)
Sec. 4.38. Act repealed on January 1, 2028. The following
Act is repealed on January 1, 2028:
The Physician Assistant Practice Act of 1987.
Section 10. The Physician Assistant Practice Act of 1987 is
amended by changing Sections 3, 4, 7, 7.5, 7.7, 9, 10, 12, 13,
14.1, 16, 21, 22.2, 22.6, 22.7, 22.11, and 22.14 and by adding
Sections 4.5 and 22.17 as follows:
(225 ILCS 95/3) (from Ch. 111, par. 4603)
(Section scheduled to be repealed on January 1, 2018)
Sec. 3. Illinois Administrative Procedure Act. The
Illinois Administrative Procedure Act is hereby expressly
adopted and incorporated herein as if all of the provisions of
that Act were included in this Act, except that the provision
of subsection (d) of Section 10-65 of the Illinois
Administrative Procedure Act that provides that at hearings the
licensee has the right to show compliance with all lawful
requirements for retention, continuation or renewal of the

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license is specifically excluded. For the purposes of this Act
the notice required under Section 10-25 of the Illinois
Administrative Procedure Act is deemed sufficient when
personally served, mailed to the address of record of the
applicant or licensee, or emailed to the email address of
record of the applicant or licensee last known address of a
party. The Secretary may adopt promulgate rules for the
administration and enforcement of this Act and may prescribe
forms to be issued in connection with this Act.
(Source: P.A. 95-703, eff. 12-31-07.)
(225 ILCS 95/4) (from Ch. 111, par. 4604)
(Section scheduled to be repealed on January 1, 2018)
Sec. 4. Definitions. In this Act:
1. "Department" means the Department of Financial and
Professional Regulation.
2. "Secretary" means the Secretary of Financial and
Professional Regulation.
3. "Physician assistant" means any person not holding an
active license or permit issued by the Department pursuant to
the Medical Practice Act of 1987 who has been certified as a
physician assistant by the National Commission on the
Certification of Physician Assistants or equivalent successor
agency and performs procedures under the supervision of a
physician as defined in this Act. A physician assistant may
perform such procedures within the specialty of the supervising

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physician, except that such physician shall exercise such
direction, supervision and control over such physician
assistants as will assure that patients shall receive quality
medical care. Physician assistants shall be capable of
performing a variety of tasks within the specialty of medical
care under the supervision of a physician. Supervision of the
physician assistant shall not be construed to necessarily
require the personal presence of the supervising physician at
all times at the place where services are rendered, as long as
there is communication available for consultation by radio,
telephone or telecommunications within established guidelines
as determined by the physician/physician assistant team. The
supervising physician may delegate tasks and duties to the
physician assistant. Delegated tasks or duties shall be
consistent with physician assistant education, training, and
experience. The delegated tasks or duties shall be specific to
the practice setting and shall be implemented and reviewed
under a written supervision agreement established by the
physician or physician/physician assistant team. A physician
assistant, acting as an agent of the physician, shall be
permitted to transmit the supervising physician's orders as
determined by the institution's by-laws, policies, procedures,
or job description within which the physician/physician
assistant team practices. Physician assistants shall practice
only in accordance with a written supervision agreement.
Any person who holds an active license or permit issued

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pursuant to the Medical Practice Act of 1987 shall have that
license automatically placed into inactive status upon
issuance of a physician assistant license. Any person who holds
an active license as a physician assistant who is issued a
license or permit pursuant to the Medical Practice Act of 1987
shall have his or her physician assistant license automatically
placed into inactive status.
4. "Board" means the Medical Licensing Board constituted
under the Medical Practice Act of 1987.
5. "Disciplinary Board" means the Medical Disciplinary
Board constituted under the Medical Practice Act of 1987.
6. "Physician" means, for purposes of this Act, a person
licensed to practice medicine in all of its branches under the
Medical Practice Act of 1987.
7. "Supervising Physician" means, for the purposes of this
Act, the primary supervising physician of a physician
assistant, who, within his or her specialty and expertise may
delegate a variety of tasks and procedures to the physician
assistant. Such tasks and procedures shall be delegated in
accordance with a written supervision agreement. The
supervising physician maintains the final responsibility for
the care of the patient and the performance of the physician
assistant.
8. "Alternate supervising physician" means, for the
purpose of this Act, any physician designated by the
supervising physician to provide supervision in the event that

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he or she is unable to provide that supervision. The Department
may further define "alternate supervising physician" by rule.
The alternate supervising physicians shall maintain all
the same responsibilities as the supervising physician.
Nothing in this Act shall be construed as relieving any
physician of the professional or legal responsibility for the
care and treatment of persons attended by him or her or by
physician assistants under his or her supervision. Nothing in
this Act shall be construed as to limit the reasonable number
of alternate supervising physicians, provided they are
designated by the supervising physician.
9. "Address of record" means the designated address
recorded by the Department in the applicant's or licensee's
application file or license file maintained by the Department's
licensure maintenance unit. It is the duty of the applicant or
licensee to inform the Department of any change of address, and
such changes must be made either through the Department's
website or by contacting the Department's licensure
maintenance unit.
10. "Hospital affiliate" means a corporation, partnership,
joint venture, limited liability company, or similar
organization, other than a hospital, that is devoted primarily
to the provision, management, or support of health care
services and that directly or indirectly controls, is
controlled by, or is under common control of the hospital. For
the purposes of this definition, "control" means having at

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least an equal or a majority ownership or membership interest.
A hospital affiliate shall be 100% owned or controlled by any
combination of hospitals, their parent corporations, or
physicians licensed to practice medicine in all its branches in
Illinois. "Hospital affiliate" does not include a health
maintenance organization regulated under the Health
Maintenance Organization Act.
11. "Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the licensee's license file, as maintained
by the Department's licensure maintenance unit.
(Source: P.A. 99-330, eff. 1-1-16.)
(225 ILCS 95/4.5 new)
Sec. 4.5. Address of record; email address of record. All
applicants and licensees shall:
(1) provide a valid address and email address to the
Department, which shall serve as the address of record and
email address of record, respectively, at the time of
application for licensure or renewal of a license; and
(2) inform the Department of any change of address of
record or email address of record within 14 days after such
change either through the Department's website or by
contacting the Department's licensure maintenance unit.
(225 ILCS 95/7) (from Ch. 111, par. 4607)

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(Section scheduled to be repealed on January 1, 2018)
Sec. 7. Supervision requirements.
(a) A supervising physician shall determine the number of
physician assistants under his or her supervision provided the
physician is able to provide adequate supervision as outlined
in the written supervision agreement required under Section 7.5
of this Act and consideration is given to the nature of the
physician's practice, complexity of the patient population,
and the experience of each supervised physician assistant. A
supervising physician may supervise a maximum of 5 full-time
equivalent physician assistants; provided, however, this
number of physician assistants shall be reduced by the number
of collaborative agreements the supervising physician
maintains. As used in this Section, "full-time equivalent"
means the equivalent of 40 hours per week. A physician
assistant shall be able to hold more than one professional
position. A supervising physician shall file a notice of
supervision of each physician assistant according to the rules
of the Department. It is the responsibility of the supervising
physician to maintain documentation each time he or she has
designated an alternative supervising physician. This
documentation shall include the date alternate supervisory
control began, the date alternate supervisory control ended,
and any other changes. A supervising physician shall provide a
copy of this documentation to the Department, upon request.
Physician assistants shall be supervised only by

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physicians as defined in this Act who are engaged in clinical
practice, or in clinical practice in public health or other
community health facilities.
Nothing in this Act shall be construed to limit the
delegation of tasks or duties by a physician to a nurse or
other appropriately trained personnel.
Nothing in this Act shall be construed to prohibit the
employment of physician assistants by a hospital, nursing home
or other health care facility where such physician assistants
function under the supervision of a supervising physician.
A physician assistant may be employed by a practice group
or other entity employing multiple physicians at one or more
locations. In that case, one of the physicians practicing at a
location shall be designated the supervising physician. The
other physicians with that practice group or other entity who
practice in the same general type of practice or specialty as
the supervising physician may supervise the physician
assistant with respect to their patients without being deemed
alternate supervising physicians for the purpose of this Act.
(b) A physician assistant licensed in this State, or
licensed or authorized to practice in any other U.S.
jurisdiction or credentialed by his or her federal employer as
a physician assistant, who is responding to a need for medical
care created by an emergency or by a state or local disaster
may render such care that the physician assistant is able to
provide without supervision as it is defined in this Section or

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with such supervision as is available. For purposes of this
Section, an "emergency situation" shall not include one that
occurs in the place of one's employment.
Any physician who supervises a physician assistant
providing medical care in response to such an emergency or
state or local disaster shall not be required to meet the
requirements set forth in this Section for a supervising
physician.
(Source: P.A. 96-70, eff. 7-23-09; 97-1071, eff. 8-24-12.)
(225 ILCS 95/7.5)
(Section scheduled to be repealed on January 1, 2018)
Sec. 7.5. Prescriptions; written supervision agreements;
prescriptive authority.
(a) A written supervision agreement is required for all
physician assistants to practice in the State.
(1) A written supervision agreement shall describe the
working relationship of the physician assistant with the
supervising physician and shall authorize the categories
of care, treatment, or procedures to be performed by the
physician assistant. The written supervision agreement
shall promote the exercise of professional judgment by the
physician assistant commensurate with his or her education
and experience. The services to be provided by the
physician assistant shall be services that the supervising
physician is authorized to and generally provides to his or

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her patients in the normal course of his or her clinical
medical practice. The written supervision agreement need
not describe the exact steps that a physician assistant
must take with respect to each specific condition, disease,
or symptom but must specify which authorized procedures
require the presence of the supervising physician as the
procedures are being performed. The supervision
relationship under a written supervision agreement shall
not be construed to require the personal presence of a
physician at the place where services are rendered. Methods
of communication shall be available for consultation with
the supervising physician in person or by
telecommunications in accordance with established written
guidelines as set forth in the written supervision
agreement. For the purposes of this Act, "generally
provides to his or her patients in the normal course of his
or her clinical medical practice" means services, not
specific tasks or duties, the supervising physician
routinely provides individually or through delegation to
other persons so that the physician has the experience and
ability to provide supervision and consultation.
(2) The written supervision agreement shall be
adequate if a physician does each of the following:
(A) Participates in the joint formulation and
joint approval of orders or guidelines with the
physician assistant and he or she periodically reviews

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such orders and the services provided patients under
such orders in accordance with accepted standards of
medical practice and physician assistant practice.
(B) Provides supervision and consultation at least
once a month.
(3) A copy of the signed, written supervision agreement
must be available to the Department upon request from both
the physician assistant and the supervising physician.
(4) A physician assistant shall inform each
supervising physician of all written supervision
agreements he or she has signed and provide a copy of these
to any supervising physician upon request.
(b) A supervising physician may, but is not required to,
delegate prescriptive authority to a physician assistant as
part of a written supervision agreement. This authority may,
but is not required to, include prescription of, selection of,
orders for, administration of, storage of, acceptance of
samples of, and dispensing medical devices, over the counter
medications, legend drugs, medical gases, and controlled
substances categorized as Schedule III through V controlled
substances, as defined in Article II of the Illinois Controlled
Substances Act, and other preparations, including, but not
limited to, botanical and herbal remedies. The supervising
physician must have a valid, current Illinois controlled
substance license and federal registration with the Drug
Enforcement Agency to delegate the authority to prescribe

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controlled substances.
(1) To prescribe Schedule III, IV, or V controlled
substances under this Section, a physician assistant must
obtain a mid-level practitioner controlled substances
license. Medication orders issued by a physician assistant
shall be reviewed periodically by the supervising
physician.
(2) The supervising physician shall file with the
Department notice of delegation of prescriptive authority
to a physician assistant and termination of delegation,
specifying the authority delegated or terminated. Upon
receipt of this notice delegating authority to prescribe
Schedule III, IV, or V controlled substances, the physician
assistant shall be eligible to register for a mid-level
practitioner controlled substances license under Section
303.05 of the Illinois Controlled Substances Act. Nothing
in this Act shall be construed to limit the delegation of
tasks or duties by the supervising physician to a nurse or
other appropriately trained persons in accordance with
Section 54.2 of the Medical Practice Act of 1987.
(3) In addition to the other requirements of this
subsection (b) of this Section, a supervising physician
may, but is not required to, delegate authority to a
physician assistant to prescribe Schedule II controlled
substances, if all of the following conditions apply:
(A) Specific Schedule II controlled substances by

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oral dosage or topical or transdermal application may
be delegated, provided that the delegated Schedule II
controlled substances are routinely prescribed by the
supervising physician. This delegation must identify
the specific Schedule II controlled substances by
either brand name or generic name. Schedule II
controlled substances to be delivered by injection or
other route of administration may not be delegated.
(B) (Blank). Any delegation must be controlled
substances that the supervising physician prescribes.
(C) Any prescription for a Schedule II controlled
substance must be limited to no more than a 30-day
supply, with any continuation authorized only after
prior approval of the supervising physician.
(D) The physician assistant must discuss the
condition of any patients for whom a Schedule II
controlled substance is prescribed monthly with the
supervising physician.
(E) The physician assistant meets the education
and continuing education requirements of Section
303.05 of the Illinois Controlled Substances Act.
(c) Nothing in this Act shall be construed to limit the
delegation of tasks or duties by a physician to a licensed
practical nurse, a registered professional nurse, or other
persons. Nothing in this Act shall be construed to limit the
method of delegation that may be authorized by any means,

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including, but not limited to, oral, written, electronic,
standing orders, protocols, guidelines, or verbal orders.
(d) Any physician assistant who writes a prescription for a
controlled substance without having a valid appropriate
authority may be fined by the Department not more than $50 per
prescription, and the Department may take any other
disciplinary action provided for in this Act.
(e) Nothing in this Section shall be construed to prohibit
generic substitution.
(Source: P.A. 96-268, eff. 8-11-09; 96-618, eff. 1-1-10;
96-1000, eff. 7-2-10; 97-358, eff. 8-12-11.)
(225 ILCS 95/7.7)
(Section scheduled to be repealed on January 1, 2018)
Sec. 7.7. Physician assistants in hospitals, hospital
affiliates, or ambulatory surgical treatment centers.
(a) A physician assistant may provide services in a
hospital or a hospital affiliate as those terms are defined in
the Hospital Licensing Act or the University of Illinois
Hospital Act, a hospital affiliate, or a licensed ambulatory
surgical treatment center as defined in the Ambulatory Surgical
Treatment Center Act without a written supervision agreement
pursuant to Section 7.5 of this Act. A physician assistant must
possess clinical privileges recommended by the hospital
medical staff and granted by the hospital or the consulting
medical staff committee and ambulatory surgical treatment

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center in order to provide services. The medical staff or
consulting medical staff committee shall periodically review
the services of physician assistants granted clinical
privileges, including any care provided in a hospital
affiliate. Authority may also be granted when recommended by
the hospital medical staff and granted by the hospital or
recommended by the consulting medical staff committee and
ambulatory surgical treatment center to individual physician
assistants to select, order, and administer medications,
including controlled substances, to provide delineated care.
In a hospital, hospital affiliate, or ambulatory surgical
treatment center, the attending physician shall determine a
physician assistant's role in providing care for his or her
patients, except as otherwise provided in the medical staff
bylaws or consulting committee policies.
(b) A physician assistant granted authority to order
medications including controlled substances may complete
discharge prescriptions provided the prescription is in the
name of the physician assistant and the attending or
discharging physician.
(c) Physician assistants practicing in a hospital,
hospital affiliate, or an ambulatory surgical treatment center
are not required to obtain a mid-level controlled substance
license to order controlled substances under Section 303.05 of
the Illinois Controlled Substances Act.
(Source: P.A. 97-1071, eff. 8-24-12.)

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(225 ILCS 95/9) (from Ch. 111, par. 4609)
(Section scheduled to be repealed on January 1, 2018)
Sec. 9. Application for licensure. Applications for
original licenses shall be made to the Department in writing on
forms or electronically as prescribed by the Department and
shall be accompanied by the required fee, which shall not be
refundable. An application shall require information that in
the judgment of the Department will enable the Department to
pass on the qualifications of the applicant for a license. An
application shall include evidence of passage of the
examination of the National Commission on the Certification of
Physician Assistants, or its successor agency, and proof that
the applicant holds a valid certificate issued by that
Commission.
Applicants have 3 years from the date of application to
complete the application process. If the process has not been
completed in 3 years, the application shall be denied, the fee
shall be forfeited, and the applicant must reapply and meet the
requirements in effect at the time of reapplication.
(Source: P.A. 90-61, eff. 12-30-97.)
(225 ILCS 95/10) (from Ch. 111, par. 4610)
(Section scheduled to be repealed on January 1, 2018)
Sec. 10. Identification. No person shall use the title
"physician or perform the duties of "Physician assistant" or

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perform the duties of a physician assistant unless he or she
holds is a qualified holder of a valid license issued by the
Department as provided in this Act. A physician assistant shall
wear on his or her person a visible identification indicating
that he or she is certified as a physician assistant while
acting in the course of his or her duties.
(Source: P.A. 90-61, eff. 12-30-97.)
(225 ILCS 95/12) (from Ch. 111, par. 4612)
(Section scheduled to be repealed on January 1, 2018)
Sec. 12. A person shall be qualified for licensure as a
physician assistant and the Department may issue a physician
assistant license to a person who:
1. has Has applied in writing or electronically in form
and substance satisfactory to the Department and has not
violated any of the provisions of Section 21 of this Act or
the rules adopted under this Act promulgated hereunder. The
Department may take into consideration any felony
conviction of the applicant but such conviction shall not
operate as an absolute bar to licensure;
2. has Has successfully completed the examination
provided by the National Commission on the Certification of
Physician's Assistant or its successor agency;
3. holds Holds a certificate issued by the National
Commission on the Certification of Physician Assistants or
an equivalent successor agency; and

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4. complies Complies with all applicable rules of the
Department.
(Source: P.A. 95-703, eff. 12-31-07.)
(225 ILCS 95/13) (from Ch. 111, par. 4613)
(Section scheduled to be repealed on January 1, 2018)
Sec. 13. Department powers and duties.
(a) Subject to the provisions of this Act, the Department
shall:
(1) adopt 1. Promulgate rules approved by the Board
setting forth standards to be met by a school or
institution offering a course of training for physician
assistants prior to approval of such school or
institution; .
(2) adopt 2. Promulgate rules approved by the Board
setting forth uniform and reasonable standards of
instruction to be met prior to approval of such course of
institution for physician assistants; and .
(3) determine 3. Determine the reputability and good
standing of such schools or institutions and their course
of instruction for physician assistants by reference to
compliance with such rules, provided that no school of
physician assistants that refuses admittance to applicants
solely on account of race, color, sex, or creed shall be
considered reputable and in good standing.
(b) No rule shall be adopted under this Act which allows a

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physician assistant to perform any act, task, or function
primarily performed in the lawful practice of optometry under
the Illinois Optometric Practice Act of 1987.
(c) All rules shall be submitted to the Board for review
and the Department shall consider any comments provided by the
Board.
(Source: P.A. 85-1440.)
(225 ILCS 95/14.1)
(Section scheduled to be repealed on January 1, 2018)
Sec. 14.1. Fees.
(a) Fees collected for the administration of this Act shall
be set by the Department by rule. All fees are nonrefundable
not refundable.
(b) (Blank).
(c) All moneys collected under this Act by the Department
shall be deposited in the Illinois State Medical Disciplinary
Fund in the State Treasury and used (1) in the exercise of its
powers and performance of its duties under this Act, as such
use is made by the Department; (2) for costs directly related
to licensing and license renewal of persons licensed under this
Act; and (3) for costs related to the public purposes of the
Department.
All earnings received from investment of moneys in the
Illinois State Medical Disciplinary Fund shall be deposited
into the Illinois State Medical Disciplinary Fund and shall be

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used for the same purposes as fees deposited in the Fund.
(Source: P.A. 95-703, eff. 12-31-07.)
(225 ILCS 95/16) (from Ch. 111, par. 4616)
(Section scheduled to be repealed on January 1, 2018)
Sec. 16. Expiration; renewal. The expiration date and
renewal period for each license issued under this Act shall be
set by rule. Renewal shall be conditioned on paying the
required fee and by meeting such other requirements as may be
established by rule. The certification as a physician assistant
by the National Commission on Certification of Physician
Assistants or an equivalent successor agency is not required
for renewal of a license under this Act.
Any physician assistant who has permitted his or her
license to expire or who has had his or her license on inactive
status may have the license restored by making application to
the Department and filing proof acceptable to the Department of
his or her fitness to have the license restored, and by paying
the required fees. Proof of fitness may include sworn evidence
certifying to active lawful practice in another jurisdiction.
If the physician assistant has not maintained an active
practice in another jurisdiction satisfactory to the
Department, the Department shall determine, by an evaluation
program established by rule, his or her fitness for restoration
of the license and shall establish procedures and requirements
for such restoration.

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However, any physician assistant whose license expired
while he or she was (1) in federal service on active duty with
the Armed Forces of the United States, or the State Militia
called into service or training, or (2) in training or
education under the supervision of the United States
preliminary to induction into the military service, may have
the license restored without paying any lapsed renewal fees if
within 2 years after honorable termination of such service,
training, or education he or she furnishes the Department with
satisfactory evidence to the effect that he or she has been so
engaged and that his or her service, training, or education has
been so terminated.
(Source: P.A. 90-61, eff. 12-30-97.)
(225 ILCS 95/21) (from Ch. 111, par. 4621)
(Section scheduled to be repealed on January 1, 2018)
Sec. 21. Grounds for disciplinary action.
(a) The Department may refuse to issue or to renew, or may
revoke, suspend, place on probation, censure or reprimand, or
take other disciplinary or non-disciplinary action with regard
to any license issued under this Act as the Department may deem
proper, including the issuance of fines not to exceed $10,000
for each violation, for any one or combination of the following
causes:
(1) Material misstatement in furnishing information to
the Department.

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(2) Violations of this Act, or the rules adopted under
this Act.
(3) Conviction by 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 that is: (i) a felony; or
(ii) a misdemeanor, an essential element of which is
dishonesty, or that is directly related to the practice of
the profession. Conviction of or entry of a plea of guilty
or nolo contendere to any crime that is a felony under the
laws of the United States or any state or territory thereof
or that is a misdemeanor of which an essential element is
dishonesty or that is directly related to the practice of
the profession.
(4) Making any misrepresentation for the purpose of
obtaining licenses.
(5) Professional incompetence.
(6) Aiding or assisting another person in violating any
provision of this Act or its rules.
(7) Failing, within 60 days, to provide information in
response to a written request made by the Department.
(8) Engaging in dishonorable, unethical, or
unprofessional conduct, as defined by rule, of a character
likely to deceive, defraud, or harm the public.

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(9) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that results in a physician assistant'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
discipline is the same or substantially equivalent to those
set forth in this Section.
(11) Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership, or association
any fee, commission, rebate or other form of compensation
for any professional services not actually or personally
rendered. Nothing in this paragraph (11) affects any bona
fide independent contractor or employment arrangements,
which may include provisions for compensation, health
insurance, pension, or other employment benefits, with
persons or entities authorized under this Act for the
provision of services within the scope of the licensee's
practice under this Act.
(12) A finding by the Disciplinary Board that the
licensee, after having his or her license placed on
probationary status has violated the terms of probation.
(13) Abandonment of a patient.
(14) Willfully making or filing false records or
reports in his or her practice, including but not limited
to false records filed with state agencies or departments.

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(15) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(16) Physical illness, or mental illness or impairment
that results in the inability to practice the profession
with reasonable judgment, skill, or safety, including, but
not limited to, deterioration through the aging process or
loss of motor skill.
(17) 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.
(18) (Blank).
(19) Gross negligence resulting in permanent injury or
death of a patient.
(20) Employment of fraud, deception or any unlawful
means in applying for or securing a license as a physician
assistant.
(21) Exceeding the authority delegated to him or her by
his or her supervising physician in a written supervision
agreement.
(22) Immoral conduct in the commission of any act, such
as sexual abuse, sexual misconduct, or sexual exploitation

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related to the licensee's practice.
(23) Violation of the Health Care Worker Self-Referral
Act.
(24) Practicing under a false or assumed name, except
as provided by law.
(25) Making a false or misleading statement regarding
his or her skill or the efficacy or value of the medicine,
treatment, or remedy prescribed by him or her in the course
of treatment.
(26) Allowing another person to use his or her license
to practice.
(27) 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.
(28) Promotion of the sale of drugs, devices,
appliances, or goods provided for a patient in a manner to
exploit the patient for financial gain.
(29) A pattern of practice or other behavior that
demonstrates incapacity or incompetence to practice under
this Act.
(30) Violating State or federal laws or regulations
relating to controlled substances or other legend drugs.
(31) Exceeding the prescriptive authority delegated by
the supervising physician or violating the written

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supervision agreement delegating that authority.
(32) Practicing without providing to the Department a
notice of supervision or delegation of prescriptive
authority.
(33) Failure to establish and maintain records of
patient care and treatment as required by law.
(34) Attempting to subvert or cheat on the examination
of the National Commission on Certification of Physician
Assistants, or its successor agency.
(35) Willfully or negligently violating the
confidentiality between physician assistant and patient,
except as required by law.
(36) 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.
(37) 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.
(38) Failure 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,

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any professional society or association, any governmental
agency, any law enforcement agency, or any court acts or
conduct similar to acts or conduct that would constitute
grounds for action under this Section.
(b) The Department may, without a hearing, refuse to issue
or renew or may suspend 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 Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied.
(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 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 Disciplinary Board to the
Secretary that the licensee be allowed to resume his or her
practice.
(d) In enforcing this Section, 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, which may include a substance abuse or

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sexual offender evaluation, as required by and at the expense
of the Department.
The Department 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 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 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 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 Department may order the examining physician or any
member of the multidisciplinary team to provide to the
Department any and all records, including business records,
that relate to the examination and evaluation, including any
supplemental testing performed.
The Department may order the examining physician or any
member of the multidisciplinary team to present testimony

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concerning the mental or physical examination of the licensee
or applicant. No information, report, record, or other
documents in any way related to the examination shall be
excluded by reason of any common law or statutory privilege
relating to communications between the licensee or applicant
and the examining physician or any member of the
multidisciplinary team. No authorization is necessary from the
licensee or applicant ordered to undergo an 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 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. However, that physician shall
be present only to observe and may not interfere in any way
with the examination.
Failure of an individual to submit to a mental or physical
examination, when ordered directed, shall result in an
automatic be grounds for suspension of his or her license until
the individual submits to the examination if the Department
finds, after notice and hearing, that the refusal to submit to
the examination was without reasonable cause.
If the Department finds an individual unable to practice
because of the reasons set forth in this Section, the

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Department may require that individual to submit to care,
counseling, or treatment by physicians approved or designated
by the Department, as a condition, term, or restriction for
continued, reinstated, or renewed licensure to practice; or, in
lieu of care, counseling, or treatment, the Department may file
a complaint to immediately suspend, revoke, or otherwise
discipline the license of the individual. An individual whose
license was granted, continued, reinstated, 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 Section, a hearing on that person's
license must be convened by the Department within 30 days after
the suspension and completed without appreciable delay. The
Department 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 Section shall be afforded an opportunity to demonstrate to
the Department that he or she can resume practice in compliance

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with acceptable and prevailing standards under the provisions
of his or her license.
(e) An individual or organization acting in good faith, and
not in a willful and wanton manner, in complying with this
Section by providing a report or other information to the
Board, by assisting in the investigation or preparation of a
report or information, by participating in proceedings of the
Board, or by serving as a member of the Board, shall not be
subject to criminal prosecution or civil damages as a result of
such actions.
(f) Members of the Board and the Disciplinary Board shall
be indemnified by the State for any actions occurring within
the scope of services on the Disciplinary Board or Licensing
Board, done in good faith and not willful and wanton in nature.
The Attorney General shall defend all such actions unless he or
she determines either that there would be a conflict of
interest in such representation or that the actions complained
of were not in good faith or were willful and wanton.
If the Attorney General declines representation, the
member has the right to employ counsel of his or her choice,
whose fees shall be provided by the State, after approval by
the Attorney General, unless there is a determination by a
court that the member's actions were not in good faith or were
willful and wanton.
The member must notify the Attorney General within 7 days
of receipt of notice of the initiation of any action involving

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services of the Disciplinary Board. Failure to so notify the
Attorney General constitutes an absolute waiver of the right to
a defense and indemnification.
The Attorney General shall determine, within 7 days after
receiving such notice, whether he or she will undertake to
represent the member.
(Source: P.A. 95-703, eff. 12-31-07; 96-268, eff. 8-11-09;
96-1482, eff. 11-29-10.)
(225 ILCS 95/22.2) (from Ch. 111, par. 4622.2)
(Section scheduled to be repealed on January 1, 2018)
Sec. 22.2. Investigation; notice; hearing. The Department
may investigate the actions of any applicant or of any person
or persons holding or claiming to hold a license. The
Department shall, before suspending, revoking, placing on
probationary status, or taking any other disciplinary action as
the Department may deem proper with regard to any license, at
least 30 days prior to the date set for the hearing, notify the
applicant or licensee in writing of any charges made and the
time and place for a hearing of the charges before the
Disciplinary Board, direct him or her to file his or her
written answer thereto to the Disciplinary Board under oath
within 20 days after the service on him or her of such notice
and inform him or her that if he or she fails to file such
answer default will be taken against him or her and his or her
license may be suspended, revoked, placed on probationary

HB3461 - 34 - LRB100 05728 SMS 15750 b
status, or have other disciplinary action, including limiting
the scope, nature or extent of his or her practice, as the
Department may deem proper taken with regard thereto. Written
or electronic notice may be served by personal delivery, email,
or certified or registered mail to the applicant or licensee at
his or her last address of record or email address of record
with the Department. At the time and place fixed in the notice,
the Department shall proceed to hear the charges and the
parties or their counsel shall be accorded ample opportunity to
present such statements, testimony, evidence, and argument as
may be pertinent to the charges or to the defense thereto. The
Department may continue such hearing from time to time. In case
the applicant or licensee, after receiving notice, fails to
file an answer, his or her license may in the discretion of the
Secretary, having received first the recommendation of the
Disciplinary Board, be suspended, revoked, placed on
probationary status, or the Secretary may take whatever
disciplinary action as he or she may deem proper, including
limiting the scope, nature, or extent of such person's
practice, without a hearing, if the act or acts charged
constitute sufficient grounds for such action under this Act.
(Source: P.A. 95-703, eff. 12-31-07.)
(225 ILCS 95/22.6) (from Ch. 111, par. 4622.6)
(Section scheduled to be repealed on January 1, 2018)
Sec. 22.6. At the conclusion of the hearing, the

HB3461 - 35 - LRB100 05728 SMS 15750 b
Disciplinary Board shall present to the Secretary a written
report of its findings of fact, conclusions of law, and
recommendations. The report shall contain a finding whether or
not the accused person violated this Act or failed to comply
with the conditions required in this Act. The Disciplinary
Board shall specify the nature of the violation or failure to
comply, and shall make its recommendations to the Secretary.
The report of findings of fact, conclusions of law, and
recommendation of the Disciplinary Board shall be the basis for
the Department's order or refusal or for the granting of a
license or permit. If the Secretary disagrees in any regard
with the report of the Disciplinary Board, the Secretary may
issue an order in contravention thereof. The Secretary shall
provide a written report to the Disciplinary Board on any
deviation, and shall specify with particularity the reasons for
such action in the final order. The finding is not admissible
in evidence against the person in a criminal prosecution
brought for the violation of this Act, but the hearing and
finding are not a bar to a criminal prosecution brought for the
violation of this Act.
(Source: P.A. 95-703, eff. 12-31-07.)
(225 ILCS 95/22.7) (from Ch. 111, par. 4622.7)
(Section scheduled to be repealed on January 1, 2018)
Sec. 22.7. Hearing officer. Notwithstanding the provisions
of Section 22.2 of this Act, the Secretary shall have the

HB3461 - 36 - LRB100 05728 SMS 15750 b
authority to appoint any attorney duly licensed to practice law
in the State of Illinois to serve as the hearing officer in any
action for refusal to issue or renew, or for discipline of, a
license. The Secretary shall notify the Disciplinary Board of
any such appointment. The hearing officer shall have full
authority to conduct the hearing. The hearing officer shall
report his or her findings of fact, conclusions of law, and
recommendations to the Disciplinary Board and the Secretary.
The Disciplinary Board shall have 60 days from receipt of the
report to review the report of the hearing officer and present
their findings of fact, conclusions of law, and recommendations
to the Secretary. If the Disciplinary Board fails to present
its report within the 60-day 60 day period, the respondent may
request in writing a direct appeal to the Secretary, in which
case the Secretary may shall, within 7 calendar days after the
request, issue an order directing the Disciplinary Board to
issue its findings of fact, conclusions of law, and
recommendations to the Secretary within 30 calendar days after
such order. If the Disciplinary Board fails to issue its
findings of fact, conclusions of law, and recommendations
within that time frame to the Secretary after the entry of such
order, the Secretary shall, within 30 calendar days thereafter,
issue an order based upon the report of the hearing officer and
the record of the proceedings or issue an order remanding the
matter back to the hearing officer for additional proceedings
in accordance with the order. If (i) a direct appeal is

HB3461 - 37 - LRB100 05728 SMS 15750 b
requested, (ii) the Disciplinary Board fails to issue its
findings of fact, conclusions of law, and recommendations
within the 30-day mandate from the Secretary or the Secretary
fails to order the Disciplinary Board to do so, and (iii) the
Secretary fails to issue an order within 30 calendar days
thereafter, then the hearing officer's report is deemed
accepted and a final decision of the Secretary. Notwithstanding
any other provision of this Section, if the Secretary, upon
review, determines that substantial justice has not been done
in the revocation, suspension, or refusal to issue or renew a
license or other disciplinary action taken as the result of the
entry of the hearing officer's report, the Secretary may order
a rehearing by the same or other examiners. If the Secretary
disagrees in any regard with the report of the Disciplinary
Board or hearing officer, he or she may issue an order in
contravention thereof. The Secretary shall provide a written
explanation to the Disciplinary Board on any such deviation,
and shall specify with particularity the reasons for such
action in the final order.
(Source: P.A. 95-703, eff. 12-31-07.)
(225 ILCS 95/22.11) (from Ch. 111, par. 4622.11)
(Section scheduled to be repealed on January 1, 2018)
Sec. 22.11. Restoration of license. At any time after the
successful completion of a term of probation, suspension, or
revocation of any license, the Department may restore it to the

HB3461 - 38 - LRB100 05728 SMS 15750 b
licensee, unless after an investigation and a hearing, the
Department determines that restoration is not in the public
interest. Where circumstances of suspension or revocation so
indicate, the Department may require an examination of the
licensee prior to restoring his or her license. No person whose
license has been revoked as authorized in this Act may apply
for restoration of that license until such time as provided for
in the Civil Administrative Code of Illinois.
A license that has been suspended or revoked shall be
considered nonrenewed for purposes of restoration and a person
restoring his or her license from suspension or revocation must
comply with the requirements for restoration of a nonrenewed
license as set forth in Section 16 of this Act and any related
rules adopted.
(Source: P.A. 90-61, eff. 12-30-97.)
(225 ILCS 95/22.14) (from Ch. 111, par. 4622.14)
(Section scheduled to be repealed on January 1, 2018)
Sec. 22.14. Administrative review; certification of
record.
(a) All final administrative decisions of the Department
are subject to judicial review pursuant to the provisions of
the "Administrative Review Law", and all rules adopted pursuant
thereto. The term "administrative decision" is defined as in
Section 3-101 of the "Code of Civil Procedure".
(b) Proceedings for judicial review shall be commenced in

HB3461 - 39 - LRB100 05728 SMS 15750 b
the circuit court of the county in which the party applying for
review resides; but if the party is not a resident of this
State, venue shall be in Sangamon County.
(c) The Department shall not be required to certify any
record to the court, to file an answer in court, or to
otherwise appear in any court in a judicial review proceeding
unless and until the Department has received from the plaintiff
payment of the costs of furnishing and certifying the record,
which costs shall be determined by the Department. Exhibits
shall be certified without cost. Failure on the part of the
plaintiff to file a receipt in court shall be grounds for
dismissal of the action. During the pendency and hearing of any
and all judicial proceedings incident to the disciplinary
action the sanctions imposed upon the accused by the Department
because of acts or omissions related to the delivery of direct
patient care as specified in the Department's final
administrative decision, shall, as a matter of public policy,
remain in full force and effect in order to protect the public
pending final resolution of any of the proceedings.
(Source: P.A. 86-596.)
(225 ILCS 95/22.17 new)
Sec. 22.17. Confidentiality. All information collected by
the Department in the course of an examination or investigation
of a licensee or applicant, including, but not limited to, any
complaint against a licensee filed with the Department and

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information collected to investigate any such complaint, shall
be maintained for the confidential use of the Department and
shall not be disclosed. The Department shall not disclose the
information to anyone other than law enforcement officials,
regulatory agencies that have an appropriate regulatory
interest as determined by the Secretary, or a party presenting
a lawful subpoena to the Department. Information and documents
disclosed to a federal, State, county, or local law enforcement
agency shall not be disclosed by the agency for any purpose to
any other agency or person. A formal complaint filed against a
licensee by the Department or any order issued by the
Department against a licensee or applicant shall be a public
record, except as otherwise prohibited by law.
Section 99. Effective date. This Act takes effect upon
becoming law.
HB3461 - 41 - LRB100 05728 SMS 15750 b
INDEX
Statutes amended in order of appearance