Bill Text: IL HB3508 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Medical Practice Act of 1987. Provides for the licensure of naturopathic physicians. Makes conforming changes in various other Acts. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Introduced - Dead) 2017-01-03 - Rule 19(b) / Re-referred to Rules Committee [HB3508 Detail]

Download: Illinois-2015-HB3508-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB3508 Introduced , by Rep. Robyn Gabel SYNOPSIS AS INTRODUCED:
See Index
Amends the Medical Practice Act of 1987. Provides for the licensure of naturopathic physicians. Makes conforming changes in various other Acts. 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 1. Findings. The General Assembly finds that:
(1) naturopathic medicine is not currently regulated
in Illinois, and needs to be on the principles of freedom
of choice in healthcare and consumer protection;
(2) naturopathic physicians are trained alongside and
at the same standard as chiropractic physicians in
Illinois;
(3) naturopathic medicine has a federally recognized
accreditation agency, the Council on Naturopathic Medical
Education, which makes identification of properly
credentialed individuals simple and straightforward;
(4) naturopathic medicine has a common licensing
examination used across North America, the Naturopathic
Physicians Licensing Examinations (NPLEX); and
(5) citizens of Illinois are obtaining the credentials
for naturopathic physicians but do not currently have a
legislative framework that allows them to practice in the
State.
Section 5. The Geriatric Medicine Assistance Act is amended
by changing Section 2 as follows:

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(20 ILCS 3945/2) (from Ch. 144, par. 2002)
Sec. 2. There is created the Geriatric Medicine Assistance
Commission. The Commission shall receive and approve
applications for grants from schools, recognized by the
Department of Professional Regulation as being authorized to
confer doctor of medicine, doctor of osteopathy, doctor of
chiropractic, doctor of naturopathic medicine, or registered
professional nursing degrees in the State, to help finance the
establishment of geriatric medicine programs within such
schools. In determining eligibility for grants, the Commission
shall give preference to those programs which exhibit the
greatest potential for directly benefiting the largest number
of elderly citizens in the State. The Commission may not
approve the application of any institution which is unable to
demonstrate its current financial stability and reasonable
prospects for future stability. No institution which fails to
possess and maintain an open policy with respect to race,
creed, color and sex as to admission of students, appointment
of faculty and employment of staff shall be eligible for grants
under this Act. The Commission shall establish such rules and
standards as it deems necessary for the implementation of this
Act.
The Commission shall be composed of 8 members selected as
follows: 2 physicians licensed to practice under the Medical
Practice Act of 1987 and specializing in geriatric medicine; a

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registered professional nurse licensed under the Nurse
Practice Act and specializing in geriatric health care; 2
representatives of organizations interested in geriatric
medicine or the care of the elderly; and 3 individuals 60 or
older who are interested in geriatric health care or the care
of the elderly. The members of the Commission shall be selected
by the Governor from a list of recommendations submitted to him
by organizations concerned with geriatric medicine or the care
of the elderly.
The terms of the members of the Commission shall be 4
years, except that of the members initially appointed, 2 shall
be designated to serve until January 1, 1986, 3 until January
1, 1988, and 2 until January 1, 1990. Members of the Commission
shall receive no compensation, but shall be reimbursed for
actual expenses incurred in carrying out their duties.
(Source: P.A. 95-639, eff. 10-5-07.)
Section 10. The School Code is amended by changing Sections
24-6 and 26-1 as follows:
(105 ILCS 5/24-6)
Sec. 24-6. Sick leave. The school boards of all school
districts, including special charter districts, but not
including school districts in municipalities of 500,000 or
more, shall grant their full-time teachers, and also shall
grant such of their other employees as are eligible to

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participate in the Illinois Municipal Retirement Fund under the
"600-Hour Standard" established, or under such other
eligibility participation standard as may from time to time be
established, by rules and regulations now or hereafter
promulgated by the Board of that Fund under Section 7-198 of
the Illinois Pension Code, as now or hereafter amended, sick
leave provisions not less in amount than 10 days at full pay in
each school year. If any such teacher or employee does not use
the full amount of annual leave thus allowed, the unused amount
shall be allowed to accumulate to a minimum available leave of
180 days at full pay, including the leave of the current year.
Sick leave shall be interpreted to mean personal illness,
quarantine at home, serious illness or death in the immediate
family or household, or birth, adoption, or placement for
adoption. The school board may require a certificate from a
physician licensed in Illinois to practice medicine and surgery
in all its branches, a chiropractic physician or naturopathic
physician licensed under the Medical Practice Act of 1987, an
advanced practice nurse who has a written collaborative
agreement with a collaborating physician that authorizes the
advanced practice nurse to perform health examinations, a
physician assistant who has been delegated the authority to
perform health examinations by his or her supervising
physician, or, if the treatment is by prayer or spiritual
means, a spiritual adviser or practitioner of the teacher's or
employee's faith as a basis for pay during leave after an

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absence of 3 days for personal illness or 30 days for birth or
as the school board may deem necessary in other cases. If the
school board does require a certificate as a basis for pay
during leave of less than 3 days for personal illness, the
school board shall pay, from school funds, the expenses
incurred by the teachers or other employees in obtaining the
certificate. For paid leave for adoption or placement for
adoption, the school board may require that the teacher or
other employee provide evidence that the formal adoption
process is underway, and such leave is limited to 30 days
unless a longer leave has been negotiated with the exclusive
bargaining representative.
If, by reason of any change in the boundaries of school
districts, or by reason of the creation of a new school
district, the employment of a teacher is transferred to a new
or different board, the accumulated sick leave of such teacher
is not thereby lost, but is transferred to such new or
different district.
For purposes of this Section, "immediate family" shall
include parents, spouse, brothers, sisters, children,
grandparents, grandchildren, parents-in-law, brothers-in-law,
sisters-in-law, and legal guardians.
(Source: P.A. 95-151, eff. 8-14-07; 96-51, eff. 7-23-09;
96-367, eff. 8-13-09; 96-1000, eff. 7-2-10.)
(105 ILCS 5/26-1) (from Ch. 122, par. 26-1)

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Sec. 26-1. Compulsory school age-Exemptions. Whoever has
custody or control of any child (i) between the ages of 7 and
17 years (unless the child has already graduated from high
school) for school years before the 2014-2015 school year or
(ii) between the ages of 6 (on or before September 1) and 17
years (unless the child has already graduated from high school)
beginning with the 2014-2015 school year shall cause such child
to attend some public school in the district wherein the child
resides the entire time it is in session during the regular
school term, except as provided in Section 10-19.1, and during
a required summer school program established under Section
10-22.33B; provided, that the following children shall not be
required to attend the public schools:
1. Any child attending a private or a parochial school
where children are taught the branches of education taught
to children of corresponding age and grade in the public
schools, and where the instruction of the child in the
branches of education is in the English language;
2. Any child who is physically or mentally unable to
attend school, such disability being certified to the
county or district truant officer by a competent physician
licensed in Illinois to practice medicine and surgery in
all its branches, a chiropractic physician or naturopathic
physician licensed under the Medical Practice Act of 1987,
an advanced practice nurse who has a written collaborative
agreement with a collaborating physician that authorizes

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the advanced practice nurse to perform health
examinations, a physician assistant who has been delegated
the authority to perform health examinations by his or her
supervising physician, or a Christian Science practitioner
residing in this State and listed in the Christian Science
Journal; or who is excused for temporary absence for cause
by the principal or teacher of the school which the child
attends; the exemptions in this paragraph (2) do not apply
to any female who is pregnant or the mother of one or more
children, except where a female is unable to attend school
due to a complication arising from her pregnancy and the
existence of such complication is certified to the county
or district truant officer by a competent physician;
3. Any child necessarily and lawfully employed
according to the provisions of the law regulating child
labor may be excused from attendance at school by the
county superintendent of schools or the superintendent of
the public school which the child should be attending, on
certification of the facts by and the recommendation of the
school board of the public school district in which the
child resides. In districts having part time continuation
schools, children so excused shall attend such schools at
least 8 hours each week;
4. Any child over 12 and under 14 years of age while in
attendance at confirmation classes;
5. Any child absent from a public school on a

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particular day or days or at a particular time of day for
the reason that he is unable to attend classes or to
participate in any examination, study or work requirements
on a particular day or days or at a particular time of day,
because the tenets of his religion forbid secular activity
on a particular day or days or at a particular time of day.
Each school board shall prescribe rules and regulations
relative to absences for religious holidays including, but
not limited to, a list of religious holidays on which it
shall be mandatory to excuse a child; but nothing in this
paragraph 5 shall be construed to limit the right of any
school board, at its discretion, to excuse an absence on
any other day by reason of the observance of a religious
holiday. A school board may require the parent or guardian
of a child who is to be excused from attending school due
to the observance of a religious holiday to give notice,
not exceeding 5 days, of the child's absence to the school
principal or other school personnel. Any child excused from
attending school under this paragraph 5 shall not be
required to submit a written excuse for such absence after
returning to school; and
6. Any child 16 years of age or older who (i) submits
to a school district evidence of necessary and lawful
employment pursuant to paragraph 3 of this Section and (ii)
is enrolled in a graduation incentives program pursuant to
Section 26-16 of this Code or an alternative learning

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opportunities program established pursuant to Article 13B
of this Code.
(Source: P.A. 98-544, eff. 7-1-14.)
Section 15. The Illinois Insurance Code is amended by
changing Section 122-1 as follows:
(215 ILCS 5/122-1) (from Ch. 73, par. 734-1)
Sec. 122-1. The authority and jurisdiction of Insurance
Department. Notwithstanding any other provision of law, and
except as provided herein, any person or other entity which
provides coverage in this State for medical, surgical,
chiropractic, naturopathic, naprapathic, physical therapy,
speech pathology, audiology, professional mental health,
dental, hospital, ophthalmologic, or optometric expenses,
whether such coverage is by direct-payment, reimbursement, or
otherwise, shall be presumed to be subject to the jurisdiction
of the Department unless the person or other entity shows that
while providing such coverage it is subject to the jurisdiction
of another agency of this State, any subdivision of this State,
or the federal government, or is a plan of self-insurance or
other employee welfare benefit program of an individual
employer or labor union established or maintained under or
pursuant to a collective bargaining agreement or other
arrangement which provides for health care services solely for
its employees or members and their dependents.

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(Source: P.A. 90-7, eff. 6-10-97.)
Section 20. The Medical Practice Act of 1987 is amended by
changing Sections 2, 7, 8, 9, 10, 11, 14, 15, 16, 17, 18, 19,
22, 24, 33, and 34 as follows:
(225 ILCS 60/2) (from Ch. 111, par. 4400-2)
(Section scheduled to be repealed on December 31, 2015)
Sec. 2. Definitions. For purposes of this Act, the
following definitions shall have the following meanings,
except where the context requires otherwise:
"Act" means the Medical Practice Act of 1987.
"Address of record" means the designated address recorded
by the Department in the applicant's or licensee's application
file or license file as 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
those changes must be made either through the Department's
website or by contacting the Department.
"Approved naturopathic medical program" means a
naturopathic medical education program accredited or granted
candidacy status by the United States Council on Naturopathic
Medical Education, or an equivalent federally recognized
accrediting body for the naturopathic medical profession
recognized by the Board, that offers graduate-level,
full-time, didactic, and supervised clinical training of at

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least 4,200 hours in length leading to the degree of Doctor of
Naturopathy or Doctor of Naturopathic Medicine and is part of
an institution of higher education that is either accredited or
is a candidate for accreditation by a regional institutional
accrediting agency recognized by the United States Secretary of
Education or eligible for student loans in Canada.
"Chiropractic physician" means a person licensed to treat
human ailments without the use of drugs and without operative
surgery. Nothing in this Act shall be construed to prohibit a
chiropractic physician from providing advice regarding the use
of non-prescription products or from administering atmospheric
oxygen. Nothing in this Act shall be construed to authorize a
chiropractic physician to prescribe drugs.
"Department" means the Department of Financial and
Professional Regulation.
"Disciplinary Action" means revocation, suspension,
probation, supervision, practice modification, reprimand,
required education, fines or any other action taken by the
Department against a person holding a license.
"Disciplinary Board" means the Medical Disciplinary Board.
"Final Determination" means the governing body's final
action taken under the procedure followed by a health care
institution, or professional association or society, against
any person licensed under the Act in accordance with the bylaws
or rules and regulations of such health care institution, or
professional association or society.

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"Fund" means the Medical Disciplinary Fund.
"Impaired" means the inability to practice medicine with
reasonable skill and safety due to physical or mental
disabilities as evidenced by a written determination or written
consent based on clinical evidence including deterioration
through the aging process or loss of motor skill, or abuse of
drugs or alcohol, of sufficient degree to diminish a person's
ability to deliver competent patient care.
"Licensing Board" means the Medical Licensing Board.
"Naturopathic physician" means a practitioner of
naturopathic medicine who has been properly licensed for that
purpose by the Department under this Act. "Naturopathic
physician" includes all titles and designations associated
with the practice of naturopathic medicine, including, "doctor
of naturopathic medicine", "doctor of naturopathy",
"naturopathic doctor", "naturopath", "naturopathic medical
doctor", "N.D.", "ND", "N.M.D.", and "NMD".
"Physician" means a person licensed under the Medical
Practice Act to practice medicine in all of its branches, a
naturopathic physician, or a chiropractic physician.
"Professional Association" means an association or society
of persons licensed under this Act, and operating within the
State of Illinois, including but not limited to, medical
societies, osteopathic organizations, naturopathic
organizations, and chiropractic organizations, but this term
shall not be deemed to include hospital medical staffs.

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"Program of Care, Counseling, or Treatment" means a written
schedule of organized treatment, care, counseling, activities,
or education, satisfactory to the Disciplinary Board, designed
for the purpose of restoring an impaired person to a condition
whereby the impaired person can practice medicine with
reasonable skill and safety of a sufficient degree to deliver
competent patient care.
"Reinstate" means to change the status of a license from
inactive or nonrenewed status to active status.
"Restore" means to remove an encumbrance from a license due
to probation, suspension, or revocation.
"Secretary" means the Secretary of the Department of
Financial and Professional Regulation.
(Source: P.A. 97-462, eff. 8-19-11; 97-622, eff. 11-23-11;
98-1140, eff. 12-30-14.)
(225 ILCS 60/7) (from Ch. 111, par. 4400-7)
(Section scheduled to be repealed on December 31, 2015)
Sec. 7. Medical Disciplinary Board.
(A) There is hereby created the Illinois State Medical
Disciplinary Board. The Disciplinary Board shall consist of 12
11 members, to be appointed by the Governor by and with the
advice and consent of the Senate. All members shall be
residents of the State, not more than 7 6 of whom shall be
members of the same political party. All members shall be
voting members. Five members shall be physicians licensed to

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practice medicine in all of its branches in Illinois possessing
the degree of doctor of medicine. One member shall be a
physician licensed to practice medicine in all its branches in
Illinois possessing the degree of doctor of osteopathy or
osteopathic medicine. One member shall be a chiropractic
physician licensed to practice in Illinois and possessing the
degree of doctor of chiropractic. One member shall be a
naturopathic physician licensed to practice in Illinois and
possessing the degree of naturopathic medicine. Four members
shall be members of the public, who shall not be engaged in any
way, directly or indirectly, as providers of health care.
(B) Members of the Disciplinary Board shall be appointed
for terms of 4 years. Upon the expiration of the term of any
member, their successor shall be appointed for a term of 4
years by the Governor by and with the advice and consent of the
Senate. The Governor shall fill any vacancy for the remainder
of the unexpired term with the advice and consent of the
Senate. Upon recommendation of the Board, any member of the
Disciplinary Board may be removed by the Governor for
misfeasance, malfeasance, or wilful neglect of duty, after
notice, and a public hearing, unless such notice and hearing
shall be expressly waived in writing. Each member shall serve
on the Disciplinary Board until their successor is appointed
and qualified. No member of the Disciplinary Board shall serve
more than 2 consecutive 4 year terms.
In making appointments the Governor shall attempt to insure

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that the various social and geographic regions of the State of
Illinois are properly represented.
In making the designation of persons to act for the several
professions represented on the Disciplinary Board, the
Governor shall give due consideration to recommendations by
members of the respective professions and by organizations
therein.
(C) The Disciplinary Board shall annually elect one of its
voting members as chairperson and one as vice chairperson. No
officer shall be elected more than twice in succession to the
same office. Each officer shall serve until their successor has
been elected and qualified.
(D) (Blank).
(E) Six voting members of the Disciplinary Board, at least
4 of whom are physicians, shall constitute a quorum. A vacancy
in the membership of the Disciplinary Board shall not impair
the right of a quorum to exercise all the rights and perform
all the duties of the Disciplinary Board. Any action taken by
the Disciplinary Board under this Act may be authorized by
resolution at any regular or special meeting and each such
resolution shall take effect immediately. The Disciplinary
Board shall meet at least quarterly.
(F) Each member, and member-officer, of the Disciplinary
Board shall receive a per diem stipend as the Secretary shall
determine. Each member shall be paid their necessary expenses
while engaged in the performance of their duties.

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(G) The Secretary shall select a Chief Medical Coordinator
and not less than 2 Deputy Medical Coordinators who shall not
be members of the Disciplinary Board. Each medical coordinator
shall be a physician licensed to practice medicine in all of
its branches, and the Secretary shall set their rates of
compensation. The Secretary shall assign at least one medical
coordinator to a region composed of Cook County and such other
counties as the Secretary may deem appropriate, and such
medical coordinator or coordinators shall locate their office
in Chicago. The Secretary shall assign at least one medical
coordinator to a region composed of the balance of counties in
the State, and such medical coordinator or coordinators shall
locate their office in Springfield. The Chief Medical
Coordinator shall be the chief enforcement officer of this Act.
None of the functions, powers, or duties of the Department with
respect to policies regarding enforcement or discipline under
this Act, including the adoption of such rules as may be
necessary for the administration of this Act, shall be
exercised by the Department except upon review of the
Disciplinary Board.
The Secretary shall employ, in conformity with the
Personnel Code, investigators who are college graduates with at
least 2 years of investigative experience or one year of
advanced medical education. Upon the written request of the
Disciplinary Board, the Secretary shall employ, in conformity
with the Personnel Code, such other professional, technical,

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investigative, and clerical help, either on a full or part-time
basis as the Disciplinary Board deems necessary for the proper
performance of its duties.
(H) Upon the specific request of the Disciplinary Board,
signed by either the chairperson, vice chairperson, or a
medical coordinator of the Disciplinary Board, the Department
of Human Services, the Department of Healthcare and Family
Services, the Department of State Police, or any other law
enforcement agency located in this State shall make available
any and all information that they have in their possession
regarding a particular case then under investigation by the
Disciplinary Board.
(I) Members of the Disciplinary Board shall be immune from
suit in any action based upon any disciplinary proceedings or
other acts performed in good faith as members of the
Disciplinary Board.
(J) The Disciplinary Board may compile and establish a
statewide roster of physicians and other medical
professionals, including the several medical specialties, of
such physicians and medical professionals, who have agreed to
serve from time to time as advisors to the medical
coordinators. Such advisors shall assist the medical
coordinators or the Disciplinary Board in their investigations
and participation in complaints against physicians. Such
advisors shall serve under contract and shall be reimbursed at
a reasonable rate for the services provided, plus reasonable

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expenses incurred. While serving in this capacity, the advisor,
for any act undertaken in good faith and in the conduct of his
or her duties under this Section, shall be immune from civil
suit.
(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
(225 ILCS 60/8) (from Ch. 111, par. 4400-8)
(Section scheduled to be repealed on December 31, 2015)
Sec. 8. Medical Licensing Board.
(A) There is hereby created a Medical Licensing Board. The
Licensing Board shall be composed of 7 members, to be appointed
by the Governor by and with the advice and consent of the
Senate; 5 of whom shall be reputable physicians licensed to
practice medicine in all of its branches in Illinois,
possessing the degree of doctor of medicine; one member shall
be a reputable physician licensed in Illinois to practice
medicine in all of its branches, possessing the degree of
doctor of osteopathy or osteopathic medicine; one member shall
be a reputable naturopathic physician licensed to practice in
Illinois and possessing the degree of doctor of naturopathic
medicine; and one member shall be a reputable chiropractic
physician licensed to practice in Illinois and possessing the
degree of doctor of chiropractic. Of the 5 members holding the
degree of doctor of medicine, one shall be a full-time or
part-time teacher of professorial rank in the clinical
department of an Illinois school of medicine.

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(B) Members of the Licensing Board shall be appointed for
terms of 4 years, and until their successors are appointed and
qualified. Appointments to fill vacancies shall be made in the
same manner as original appointments, for the unexpired portion
of the vacated term. No more than 4 members of the Licensing
Board shall be members of the same political party and all
members shall be residents of this State. No member of the
Licensing Board may be appointed to more than 2 successive 4
year terms.
(C) Members of the Licensing Board shall be immune from
suit in any action based upon any licensing proceedings or
other acts performed in good faith as members of the Licensing
Board.
(D) (Blank).
(E) The Licensing Board shall annually elect one of its
members as chairperson and one as vice chairperson. No member
shall be elected more than twice in succession to the same
office. Each officer shall serve until his or her successor has
been elected and qualified.
(F) None of the functions, powers or duties of the
Department with respect to policies regarding licensure and
examination under this Act, including the promulgation of such
rules as may be necessary for the administration of this Act,
shall be exercised by the Department except upon review of the
Licensing Board.
(G) The Licensing Board shall receive the same compensation

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as the members of the Disciplinary Board, which compensation
shall be paid out of the Illinois State Medical Disciplinary
Fund.
(Source: P.A. 97-622, eff. 11-23-11.)
(225 ILCS 60/9) (from Ch. 111, par. 4400-9)
(Section scheduled to be repealed on December 31, 2015)
Sec. 9. Application for license. Each applicant for a
license shall:
(A) Make application on blank forms prepared and
furnished by the Department.
(B) Submit evidence satisfactory to the Department
that the applicant:
(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;
(2) has the preliminary and professional education
required by this Act;
(3) (blank); and
(4) is physically, mentally, and professionally

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capable of practicing medicine with reasonable
judgment, skill, and safety. In determining physical
and mental capacity under this Section, the Licensing
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 Licensing Board may condition or restrict
any license, subject to the same terms and conditions
as are provided for the Disciplinary Board under
Section 22 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, to the extent permitted by
applicable federal statutes and regulations
safeguarding the confidentiality of medical records of
patients.
In determining professional capacity under this
Section, an individual may be required to complete such
additional testing, training, or remedial education as the
Licensing Board may deem necessary in order to establish

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the applicant's present capacity to practice medicine with
reasonable judgment, skill, and safety. The Licensing
Board may consider the following criteria, as they relate
to an applicant, as part of its determination of
professional capacity:
(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, for a license as a
naturopathic physician, or for a license as a chiropractic
physician who has not been engaged in the 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 Licensing Board.
Any applicant applying for a temporary license that has

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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 Licensing Board.
(C) Designate specifically the name, location, and
kind of professional school, college, or institution of
which the applicant is a graduate and the category under
which the applicant seeks, and will undertake, to practice.
(D) Pay to the Department at the time of application
the required fees.
(E) Pursuant to Department rules, as required, pass an
examination authorized by the Department to determine the
applicant's fitness to receive a license.
(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 must
reapply and meet the requirements in effect at the time of
reapplication.
(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
(225 ILCS 60/10) (from Ch. 111, par. 4400-10)
(Section scheduled to be repealed on December 31, 2015)
Sec. 10. The Department shall:
(A) Make rules for establishing reasonable minimum
standards of educational requirements to be observed by

HB3508 - 24 - LRB099 06148 HAF 26206 b
medical, osteopathic, naturopathic, and chiropractic colleges;
(B) Effectuate the policy of the State of Illinois that the
quality of medical training is an appropriate concern in the
recruiting, licensing, credentialing and participation in
residency programs of physicians. However, it is inappropriate
to discriminate against any physician because of national
origin or geographic location of medical education;
(C) Formulate rules and regulations required for the
administration of this Act.
(Source: P.A. 86-573.)
(225 ILCS 60/11) (from Ch. 111, par. 4400-11)
(Section scheduled to be repealed on December 31, 2015)
Sec. 11. Minimum education standards. The minimum
standards of professional education to be enforced by the
Department in conducting examinations and issuing licenses
shall be as follows:
(A) Practice of medicine. For the practice of medicine
in all of its branches:
(1) For applications for licensure under
subsection (D) of Section 19 of this Act:
(a) that the applicant is a graduate of a
medical or osteopathic college in the United
States, its territories or Canada, that the
applicant has completed a 2 year course of
instruction in a college of liberal arts, or its

HB3508 - 25 - LRB099 06148 HAF 26206 b
equivalent, and a course of instruction in a
medical or osteopathic college approved by the
Department or by a private, not for profit
accrediting body approved by the Department, and
in addition thereto, a course of postgraduate
clinical training of not less than 12 months as
approved by the Department; or
(b) that the applicant is a graduate of a
medical or osteopathic college located outside the
United States, its territories or Canada, and that
the degree conferred is officially recognized by
the country for the purposes of licensure, that the
applicant has completed a 2 year course of
instruction in a college of liberal arts or its
equivalent, and a course of instruction in a
medical or osteopathic college approved by the
Department, which course shall have been not less
than 132 weeks in duration and shall have been
completed within a period of not less than 35
months, and, in addition thereto, has completed a
course of postgraduate clinical training of not
less than 12 months, as approved by the Department,
and has complied with any other standards
established by rule.
For the purposes of this subparagraph (b) an
applicant is considered to be a graduate of a

HB3508 - 26 - LRB099 06148 HAF 26206 b
medical college if the degree which is conferred is
officially recognized by that country for the
purposes of receiving a license to practice
medicine in all of its branches or a document is
granted by the medical college which certifies the
completion of all formal training requirements
including any internship and social service; or
(c) that the applicant has studied medicine at
a medical or osteopathic college located outside
the United States, its territories, or Canada,
that the applicant has completed a 2 year course of
instruction in a college of liberal arts or its
equivalent and all of the formal requirements of a
foreign medical school except internship and
social service, which course shall have been not
less than 132 weeks in duration and shall have been
completed within a period of not less than 35
months; that the applicant has submitted an
application to a medical college accredited by the
Liaison Committee on Medical Education and
submitted to such evaluation procedures, including
use of nationally recognized medical student tests
or tests devised by the individual medical
college, and that the applicant has satisfactorily
completed one academic year of supervised clinical
training under the direction of such medical

HB3508 - 27 - LRB099 06148 HAF 26206 b
college; and, in addition thereto has completed a
course of postgraduate clinical training of not
less than 12 months, as approved by the Department,
and has complied with any other standards
established by rule.
(d) Any clinical clerkships must have been
completed in compliance with Section 10.3 of the
Hospital Licensing Act, as amended.
(2) Effective January 1, 1988, for applications
for licensure made subsequent to January 1, 1988, under
Sections 9 or 17 of this Act by individuals not
described in paragraph (3) of subsection (A) of Section
11 who graduated after December 31, 1984:
(a) that the applicant: (i) graduated from a
medical or osteopathic college officially
recognized by the jurisdiction in which it is
located for the purpose of receiving a license to
practice medicine in all of its branches, and the
applicant has completed, as defined by the
Department, a 6 year postsecondary course of study
comprising at least 2 academic years of study in
the basic medical sciences; and 2 academic years of
study in the clinical sciences, while enrolled in
the medical college which conferred the degree,
the core rotations of which must have been
completed in clinical teaching facilities owned,

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operated or formally affiliated with the medical
college which conferred the degree, or under
contract in teaching facilities owned, operated or
affiliated with another medical college which is
officially recognized by the jurisdiction in which
the medical school which conferred the degree is
located; or (ii) graduated from a medical or
osteopathic college accredited by the Liaison
Committee on Medical Education, the Committee on
Accreditation of Canadian Medical Schools in
conjunction with the Liaison Committee on Medical
Education, or the Bureau of Professional Education
of the American Osteopathic Association; and,
(iii) in addition thereto, has completed 24 months
of postgraduate clinical training, as approved by
the Department; or
(b) that the applicant has studied medicine at
a medical or osteopathic college located outside
the United States, its territories, or Canada,
that the applicant, in addition to satisfying the
requirements of subparagraph (a), except for the
awarding of a degree, has completed all of the
formal requirements of a foreign medical school
except internship and social service and has
submitted an application to a medical college
accredited by the Liaison Committee on Medical

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Education and submitted to such evaluation
procedures, including use of nationally recognized
medical student tests or tests devised by the
individual medical college, and that the applicant
has satisfactorily completed one academic year of
supervised clinical training under the direction
of such medical college; and, in addition thereto,
has completed 24 months of postgraduate clinical
training, as approved by the Department, and has
complied with any other standards established by
rule.
(3) (Blank).
(4) Any person granted a temporary license
pursuant to Section 17 of this Act who shall
satisfactorily complete a course of postgraduate
clinical training and meet all of the requirements for
licensure shall be granted a permanent license
pursuant to Section 9.
(5) Notwithstanding any other provision of this
Section an individual holding a temporary license
under Section 17 of this Act shall be required to
satisfy the undergraduate medical and post-graduate
clinical training educational requirements in effect
on the date of their application for a temporary
license, provided they apply for a license under
Section 9 of this Act and satisfy all other

HB3508 - 30 - LRB099 06148 HAF 26206 b
requirements of this Section while their temporary
license is in effect.
(B) Treating human ailments without drugs and without
operative surgery. For the practice of treating human
ailments without the use of drugs and without operative
surgery:
(1) For an applicant who was a resident student and
who is a graduate after July 1, 1926, of a chiropractic
college or institution, that such school, college or
institution, at the time of the applicant's graduation
required as a prerequisite to admission thereto a 4
year course of instruction in a high school, and, as a
prerequisite to graduation therefrom, a course of
instruction in the treatment of human ailments, of not
less than 132 weeks in duration and which shall have
been completed within a period of not less than 35
months except that as to students matriculating or
entering upon a course of chiropractic study during the
years 1940, 1941, 1942, 1943, 1944, 1945, 1946, and
1947, such elapsed time shall be not less than 32
months, such high school and such school, college or
institution having been reputable and in good standing
in the judgment of the Department.
(2) For an applicant who is a matriculant in a
chiropractic college after September 1, 1969, that
such applicant shall be required to complete a 2 year

HB3508 - 31 - LRB099 06148 HAF 26206 b
course of instruction in a liberal arts college or its
equivalent and a course of instruction in a
chiropractic college in the treatment of human
ailments, such course, as a prerequisite to graduation
therefrom, having been not less than 132 weeks in
duration and shall have been completed within a period
of not less than 35 months, such college of liberal
arts and chiropractic college having been reputable
and in good standing in the judgment of the Department.
(3) For an applicant who is a graduate of a United
States chiropractic college after August 19, 1981, the
college of the applicant must be fully accredited by
the Commission on Accreditation of the Council on
Chiropractic Education or its successor at the time of
graduation. Such graduates shall be considered to have
met the minimum requirements which shall be in addition
to those requirements set forth in the rules and
regulations promulgated by the Department.
(4) For an applicant who is a graduate of a
chiropractic college in another country; that such
chiropractic college be equivalent to the standards of
education as set forth for chiropractic colleges
located in the United States.
(C) Practice of naturopathic medicine. For the
practice of naturopathic medicine:
(1) For an applicant who is a graduate of an

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approved naturopathic medical program, in accordance
with this Act, that he or she has successfully
completed a competency-based national naturopathic
licensing examination administered by the North
American Board of Naturopathic Examiners or an
equivalent agency, as recognized by the Department.
(2) For an applicant who is a graduate of a
degree-granting approved naturopathic medical program
prior to 1986, evidence of successful passage of a
State competency examination in a licensed state or a
Canadian provincial examination in a licensed or
regulated province approved by the Department in lieu
of passage of a national licensing examination.
(Source: P.A. 97-622, eff. 11-23-11.)
(225 ILCS 60/14) (from Ch. 111, par. 4400-14)
(Section scheduled to be repealed on December 31, 2015)
Sec. 14. Chiropractic students and naturopathic medicine
students.
(a) Candidates for the degree of doctor of chiropractic
enrolled in a chiropractic college, accredited by the Council
on Chiropractic Education, may practice under the direct,
on-premises supervision of a chiropractic physician who is a
member of the faculty of an accredited chiropractic college.
(b) Candidates for the degree of doctor of naturopathic
medicine enrolled in a naturopathic college, accredited by the

HB3508 - 33 - LRB099 06148 HAF 26206 b
United States Council on Naturopathic Medical Education, may
practice under the direct, on-premises supervision of a
naturopathic physician who is a member of the faculty of an
accredited naturopathic college.
(Source: P.A. 97-622, eff. 11-23-11.)
(225 ILCS 60/15) (from Ch. 111, par. 4400-15)
(Section scheduled to be repealed on December 31, 2015)
Sec. 15. Chiropractic and naturopathic physician; license
for general practice. Any chiropractic or naturopathic
physician licensed under this Act shall be permitted to take
the examination for licensure as a physician to practice
medicine in all its branches and shall receive a license to
practice medicine in all of its branches if he or she shall
successfully pass such examination, upon proof of having
successfully completed in a medical college, osteopathic
college, naturopathic college, or chiropractic college
reputable and in good standing in the judgment of the
Department, courses of instruction in materia medica,
therapeutics, surgery, obstetrics, and theory and practice
deemed by the Department to be equal to the courses of
instruction required in those subjects for admission to the
examination for a license to practice medicine in all of its
branches, together with proof of having completed (a) the 2
year course of instruction in a college of liberal arts, or its
equivalent, required under this Act, and (b) a course of

HB3508 - 34 - LRB099 06148 HAF 26206 b
postgraduate clinical training of not less than 24 months as
approved by the Department.
(Source: P.A. 97-622, eff. 11-23-11.)
(225 ILCS 60/16) (from Ch. 111, par. 4400-16)
(Section scheduled to be repealed on December 31, 2015)
Sec. 16. Ineligibility for examination. Any person who
shall fail any examination for licensure as a medical doctor,
doctor of osteopathy or osteopathic medicine, doctor of
naturopathic medicine, or doctor of chiropractic in this or any
other jurisdiction a total of 5 times shall thereafter be
ineligible for further examinations until such time as such
person shall submit to the Department evidence of further
formal professional study, as required by rule of the
Department, in an accredited institution.
(Source: P.A. 89-702, eff. 7-1-97.)
(225 ILCS 60/17) (from Ch. 111, par. 4400-17)
(Section scheduled to be repealed on December 31, 2015)
Sec. 17. Temporary license. Persons holding the degree of
Doctor of Medicine, persons holding the degree of Doctor of
Osteopathy or Doctor of Osteopathic Medicine, persons holding
the degree of Doctor of Naturopathic Medicine, and persons
holding the degree of Doctor of Chiropractic or persons who
have satisfied the requirements therefor and are eligible to
receive such degree from a medical, osteopathic, naturopathic,

HB3508 - 35 - LRB099 06148 HAF 26206 b
or chiropractic school, who wish to pursue programs of graduate
or specialty training in this State, may receive without
examination, in the discretion of the Department, a 3-year
temporary license. In order to receive a 3-year temporary
license hereunder, an applicant shall submit evidence
satisfactory to the Department that the applicant:
(A) 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;
(B) Has been accepted or appointed for specialty or
residency training by a hospital situated in this State or
a training program in hospitals or facilities maintained by
the State of Illinois or affiliated training facilities
which is approved by the Department for the purpose of such
training under this Act. The applicant shall indicate the
beginning and ending dates of the period for which the
applicant has been accepted or appointed;
(C) Has or will satisfy the professional education
requirements of Section 11 of this Act which are effective
at the date of application except for postgraduate clinical
training;

HB3508 - 36 - LRB099 06148 HAF 26206 b
(D) Is physically, mentally, and professionally
capable of practicing medicine or treating human ailments
without the use of drugs and without operative surgery with
reasonable judgment, skill, and safety. In determining
physical, mental and professional capacity under this
Section, the Licensing Board may, upon a showing of a
possible incapacity, compel an applicant to submit to a
mental or physical examination and evaluation, or both, and
may condition or restrict any temporary license, subject to
the same terms and conditions as are provided for the
Disciplinary Board under Section 22 of this Act. Any such
condition of restricted temporary 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, to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records of patients.
Three-year temporary licenses issued pursuant to this
Section shall be valid only for the period of time designated
therein, and may be extended or renewed pursuant to the rules
of the Department, and if a temporary license is thereafter
extended, it shall not extend beyond completion of the
residency program. The holder of a valid 3-year temporary

HB3508 - 37 - LRB099 06148 HAF 26206 b
license shall be entitled thereby to perform only such acts as
may be prescribed by and incidental to his or her program of
residency training; he or she shall not be entitled to
otherwise engage in the practice of medicine in this State
unless fully licensed in this State.
A 3-year temporary license may be revoked or suspended by
the Department upon proof that the holder thereof has engaged
in the practice of medicine in this State outside of the
program of his or her residency or specialty training, or if
the holder shall fail to supply the Department, within 10 days
of its request, with information as to his or her current
status and activities in his or her specialty training program.
Such a revocation or suspension shall comply with the
procedures set forth in subsection (d) of Section 37 of this
Act.
(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
(225 ILCS 60/18) (from Ch. 111, par. 4400-18)
(Section scheduled to be repealed on December 31, 2015)
Sec. 18. Visiting professor, physician, or resident
permits.
(A) Visiting professor permit.
(1) A visiting professor permit shall entitle a person
to practice medicine in all of its branches or to practice
the treatment of human ailments without the use of drugs
and without operative surgery provided:

HB3508 - 38 - LRB099 06148 HAF 26206 b
(a) the person maintains an equivalent
authorization to practice medicine in all of its
branches or to practice the treatment of human ailments
without the use of drugs and without operative surgery
in good standing in his or her native licensing
jurisdiction during the period of the visiting
professor permit;
(b) the person has received a faculty appointment
to teach in a medical, osteopathic, naturopathic, or
chiropractic school in Illinois; and
(c) the Department may prescribe the information
necessary to establish an applicant's eligibility for
a permit. This information shall include without
limitation (i) a statement from the dean of the medical
school at which the applicant will be employed
describing the applicant's qualifications and (ii) a
statement from the dean of the medical school listing
every affiliated institution in which the applicant
will be providing instruction as part of the medical
school's education program and justifying any clinical
activities at each of the institutions listed by the
dean.
(2) Application for visiting professor permits shall
be made to the Department, in writing, on forms prescribed
by the Department and shall be accompanied by the required
fee established by rule, which shall not be refundable. Any

HB3508 - 39 - LRB099 06148 HAF 26206 b
application shall require the information as, in the
judgment of the Department, will enable the Department to
pass on the qualifications of the applicant.
(3) A visiting professor permit shall be valid for no
longer than 2 years from the date of issuance or until the
time the faculty appointment is terminated, whichever
occurs first, and may be renewed only in accordance with
subdivision (A)(6) of this Section.
(4) The applicant may be required to appear before the
Licensing Board for an interview prior to, and as a
requirement for, the issuance of the original permit and
the renewal.
(5) Persons holding a permit under this Section shall
only practice medicine in all of its branches or practice
the treatment of human ailments without the use of drugs
and without operative surgery in the State of Illinois in
their official capacity under their contract within the
medical school itself and any affiliated institution in
which the permit holder is providing instruction as part of
the medical school's educational program and for which the
medical school has assumed direct responsibility.
(6) After the initial renewal of a visiting professor
permit, a visiting professor permit shall be valid until
the last day of the next physician license renewal period,
as set by rule, and may only be renewed for applicants who
meet the following requirements:

HB3508 - 40 - LRB099 06148 HAF 26206 b
(i) have obtained the required continuing
education hours as set by rule; and
(ii) have paid the fee prescribed for a license
under Section 21 of this Act.
For initial renewal, the visiting professor must
successfully pass a general competency examination authorized
by the Department by rule, unless he or she was issued an
initial visiting professor permit on or after January 1, 2007,
but prior to July 1, 2007.
(B) Visiting physician permit.
(1) The Department may, in its discretion, issue a
temporary visiting physician permit, without examination,
provided:
(a) (blank);
(b) that the person maintains an equivalent
authorization to practice medicine in all of its
branches or to practice the treatment of human ailments
without the use of drugs and without operative surgery
in good standing in his or her native licensing
jurisdiction during the period of the temporary
visiting physician permit;
(c) that the person has received an invitation or
appointment to study, demonstrate, or perform a
specific medical, osteopathic, naturopathic,
chiropractic or clinical subject or technique in a

HB3508 - 41 - LRB099 06148 HAF 26206 b
medical, osteopathic, naturopathic, or chiropractic
school, a state or national medical, osteopathic,
naturopathic, or chiropractic professional association
or society conference or meeting, a hospital licensed
under the Hospital Licensing Act, a hospital organized
under the University of Illinois Hospital Act, or a
facility operated pursuant to the Ambulatory Surgical
Treatment Center Act; and
(d) that the temporary visiting physician permit
shall only permit the holder to practice medicine in
all of its branches or practice the treatment of human
ailments without the use of drugs and without operative
surgery within the scope of the medical, osteopathic,
naturopathic, chiropractic, or clinical studies, or in
conjunction with the state or national medical,
osteopathic, naturopathic, or chiropractic
professional association or society conference or
meeting, for which the holder was invited or appointed.
(2) The application for the temporary visiting
physician permit shall be made to the Department, in
writing, on forms prescribed by the Department, and shall
be accompanied by the required fee established by rule,
which shall not be refundable. The application shall
require information that, in the judgment of the
Department, will enable the Department to pass on the
qualification of the applicant, and the necessity for the

HB3508 - 42 - LRB099 06148 HAF 26206 b
granting of a temporary visiting physician permit.
(3) A temporary visiting physician permit shall be
valid for no longer than (i) 180 days from the date of
issuance or (ii) until the time the medical, osteopathic,
naturopathic, chiropractic, or clinical studies are
completed, or the state or national medical, osteopathic,
naturopathic, or chiropractic professional association or
society conference or meeting has concluded, whichever
occurs first. The temporary visiting physician permit may
be issued multiple times to a visiting physician under this
paragraph (3) as long as the total number of days it is
active do not exceed 180 days within a 365-day period.
(4) The applicant for a temporary visiting physician
permit may be required to appear before the Licensing Board
for an interview prior to, and as a requirement for, the
issuance of a temporary visiting physician permit.
(5) A limited temporary visiting physician permit
shall be issued to a physician licensed in another state
who has been requested to perform emergency procedures in
Illinois if he or she meets the requirements as established
by rule.
(C) Visiting resident permit.
(1) The Department may, in its discretion, issue a
temporary visiting resident permit, without examination,
provided:

HB3508 - 43 - LRB099 06148 HAF 26206 b
(a) (blank);
(b) that the person maintains an equivalent
authorization to practice medicine in all of its
branches or to practice the treatment of human ailments
without the use of drugs and without operative surgery
in good standing in his or her native licensing
jurisdiction during the period of the temporary
visiting resident permit;
(c) that the applicant is enrolled in a
postgraduate clinical training program outside the
State of Illinois that is approved by the Department;
(d) that the individual has been invited or
appointed for a specific period of time to perform a
portion of that post graduate clinical training
program under the supervision of an Illinois licensed
physician in an Illinois patient care clinic or
facility that is affiliated with the out-of-State post
graduate training program; and
(e) that the temporary visiting resident permit
shall only permit the holder to practice medicine in
all of its branches or practice the treatment of human
ailments without the use of drugs and without operative
surgery within the scope of the medical, osteopathic,
naturopathic, chiropractic or clinical studies for
which the holder was invited or appointed.
(2) The application for the temporary visiting

HB3508 - 44 - LRB099 06148 HAF 26206 b
resident permit shall be made to the Department, in
writing, on forms prescribed by the Department, and shall
be accompanied by the required fee established by rule. The
application shall require information that, in the
judgment of the Department, will enable the Department to
pass on the qualifications of the applicant.
(3) A temporary visiting resident permit shall be valid
for 180 days from the date of issuance or until the time
the medical, osteopathic, naturopathic, chiropractic, or
clinical studies are completed, whichever occurs first.
(4) The applicant for a temporary visiting resident
permit may be required to appear before the Licensing Board
for an interview prior to, and as a requirement for, the
issuance of a temporary visiting resident permit.
(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
(225 ILCS 60/19) (from Ch. 111, par. 4400-19)
(Section scheduled to be repealed on December 31, 2015)
Sec. 19. Licensure by endorsement. The Department may, in
its discretion, issue a license by endorsement to any person
who is currently licensed to practice medicine in all of its
branches, a naturopathic physician, or a chiropractic
physician, in any other state, territory, country or province,
upon the following conditions and submitting evidence
satisfactory to the Department of the following:
(A) (Blank);

HB3508 - 45 - LRB099 06148 HAF 26206 b
(B) That the applicant 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;
(C) That the applicant is physically, mentally and
professionally capable of practicing medicine with
reasonable judgment, skill and safety. In determining
physical, mental and professional capacity under this
Section the Licensing Board may, upon a showing of a
possible incapacity, compel an applicant to submit to a
mental or physical examination and evaluation, or both, in
the same manner as provided in Section 22 and may condition
or restrict any license, subject to the same terms and
conditions as are provided for the Disciplinary Board under
Section 22 of this Act.
(D) That if the applicant seeks to practice medicine in
all of its branches:
(1) if the applicant was licensed in another
jurisdiction prior to January 1, 1988, that the
applicant has satisfied the educational requirements
of paragraph (1) of subsection (A) or paragraph (2) of
subsection (A) of Section 11 of this Act; or

HB3508 - 46 - LRB099 06148 HAF 26206 b
(2) if the applicant was licensed in another
jurisdiction after December 31, 1987, that the
applicant has satisfied the educational requirements
of paragraph (A)(2) of Section 11 of this Act; and
(3) the requirements for a license to practice
medicine in all of its branches in the particular
state, territory, country or province in which the
applicant is licensed are deemed by the Department to
have been substantially equivalent to the requirements
for a license to practice medicine in all of its
branches in force in this State at the date of the
applicant's license;
(E) That if the applicant seeks to treat human ailments
without the use of drugs and without operative surgery:
(1) the applicant is a graduate of a chiropractic
or naturopathic school or college approved by the
Department at the time of their graduation;
(2) the requirements for the applicant's license
to practice the treatment of human ailments without the
use of drugs are deemed by the Department to have been
substantially equivalent to the requirements for a
license to practice in this State at the date of the
applicant's license;
(E-5) That if the applicant seeks to practice
naturopathic medicine:
(1) the applicant is a graduate of a naturopathic

HB3508 - 47 - LRB099 06148 HAF 26206 b
school or college approved by the Department at the
time of their graduation; and
(2) the requirements for the applicant's license
to practice naturopathic medicine are deemed by the
Department to have been substantially equivalent to
the requirements for a license to practice in this
State at the date of the applicant's license;
(F) That the Department may, in its discretion, issue a
license by endorsement to any graduate of a medical or
osteopathic college, reputable and in good standing in the
judgment of the Department, who has passed an examination
for admission to the United States Public Health Service,
or who has passed any other examination deemed by the
Department to have been at least equal in all substantial
respects to the examination required for admission to any
such medical corps;
(G) That applications for licenses by endorsement
shall be filed with the Department, under oath, on forms
prepared and furnished by the Department, and shall set
forth, and applicants therefor shall supply such
information respecting the life, education, professional
practice, and moral character of applicants as the
Department may require to be filed for its use;
(H) That the applicant undergo the criminal background
check established under Section 9.7 of this Act.
In the exercise of its discretion under this Section, the

HB3508 - 48 - LRB099 06148 HAF 26206 b
Department is empowered to consider and evaluate each applicant
on an individual basis. It may take into account, among other
things: the extent to which the applicant will bring unique
experience and skills to the State of Illinois or the extent to
which there is or is not available to the Department authentic
and definitive information concerning the quality of medical
education and clinical training which the applicant has had.
Under no circumstances shall a license be issued under the
provisions of this Section to any person who has previously
taken and failed the written examination conducted by the
Department for such license. In the exercise of its discretion
under this Section, the Department may require an applicant to
successfully complete an examination as recommended by the
Licensing Board. The Department may also request the applicant
to submit, and may consider as evidence of moral character,
evidence from 2 or 3 individuals licensed under this Act.
Applicants have 3 years from the date of application to
complete the application process. If the process has not been
completed within 3 years, the application shall be denied, the
fees shall be forfeited, and the applicant must reapply and
meet the requirements in effect at the time of reapplication.
(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
(225 ILCS 60/22) (from Ch. 111, par. 4400-22)
(Section scheduled to be repealed on December 31, 2015)
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:
(1) Performance of an elective abortion in any place,
locale, facility, or institution other than:
(a) a facility licensed pursuant to the Ambulatory
Surgical Treatment Center Act;
(b) an institution licensed under the Hospital
Licensing Act;
(c) an ambulatory surgical treatment center or
hospitalization or care facility maintained by the
State or any agency thereof, where such department or
agency has authority under law to establish and enforce
standards for the ambulatory surgical treatment
centers, hospitalization, or care facilities under its
management and control;
(d) ambulatory surgical treatment centers,
hospitalization or care facilities maintained by the
Federal Government; or
(e) ambulatory surgical treatment centers,
hospitalization or care facilities maintained by any
university or college established under the laws of
this State and supported principally by public funds

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raised by taxation.
(2) Performance of an abortion procedure in a wilful
and wanton manner on a woman who was not pregnant at the
time the abortion procedure was performed.
(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.
(4) Gross negligence in practice under this Act.
(5) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public.
(6) Obtaining any fee by fraud, deceit, or
misrepresentation.
(7) Habitual or excessive use or abuse of drugs defined
in law as controlled substances, of alcohol, or of any
other substances which results in the inability to practice
with reasonable judgment, skill or safety.
(8) Practicing under a false or, except as provided by
law, an assumed name.
(9) Fraud or misrepresentation in applying for, or
procuring, a license under this Act or in connection with
applying for renewal of a license under this Act.
(10) Making a false or misleading statement regarding

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their skill or the efficacy or value of the medicine,
treatment, or remedy prescribed by them at their direction
in the treatment of any disease or other condition of the
body or mind.
(11) Allowing another person or organization to use
their license, procured under this Act, to practice.
(12) Adverse action taken by another state or
jurisdiction against a license or other authorization to
practice as a medical doctor, doctor of osteopathy, doctor
of osteopathic medicine, doctor of naturopathic medicine,
or doctor of chiropractic, a certified copy of the record
of the action taken by the other state or jurisdiction
being prima facie evidence thereof. This includes any
adverse action taken by a State or federal agency that
prohibits a medical doctor, doctor of osteopathy, doctor of
osteopathic medicine, or doctor of chiropractic from
providing services to the agency's participants.
(13) Violation of any provision of this Act or of the
Medical Practice Act prior to the repeal of that Act, or
violation of the rules, or a final administrative action of
the Secretary, after consideration of the recommendation
of the Disciplinary Board.
(14) Violation of the prohibition against fee
splitting in Section 22.2 of this Act.
(15) A finding by the Disciplinary Board that the
registrant after having his or her license placed on

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probationary status or subjected to conditions or
restrictions violated the terms of the probation or failed
to comply with such terms or conditions.
(16) Abandonment of a patient.
(17) Prescribing, selling, administering,
distributing, giving or self-administering any drug
classified as a controlled substance (designated product)
or narcotic for other than medically accepted therapeutic
purposes.
(18) Promotion of the sale of drugs, devices,
appliances or goods provided for a patient in such manner
as to exploit the patient for financial gain of the
physician.
(19) Offering, undertaking or agreeing to cure or treat
disease by a secret method, procedure, treatment or
medicine, or the treating, operating or prescribing for any
human condition by a method, means or procedure which the
licensee refuses to divulge upon demand of the Department.
(20) Immoral conduct in the commission of any act
including, but not limited to, commission of an act of
sexual misconduct related to the licensee's practice.
(21) Wilfully making or filing false records or reports
in his or her practice as a physician, including, but not
limited to, false records to support claims against the
medical assistance program of the Department of Healthcare
and Family Services (formerly Department of Public Aid)

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under the Illinois Public Aid Code.
(22) Wilful omission to file or record, or wilfully
impeding the filing or recording, or inducing another
person to omit to file or record, medical reports as
required by law, or wilfully failing to report an instance
of suspected abuse or neglect as required by law.
(23) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(24) Solicitation of professional patronage by any
corporation, agents or persons, or profiting from those
representing themselves to be agents of the licensee.
(25) Gross and wilful and continued overcharging for
professional services, including filing false statements
for collection of fees for which services are not rendered,
including, but not limited to, filing such false statements
for collection of monies for services not rendered from the
medical assistance program of the Department of Healthcare
and Family Services (formerly Department of Public Aid)
under the Illinois Public Aid Code.
(26) A pattern of practice or other behavior which
demonstrates incapacity or incompetence to practice under

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this Act.
(27) Mental illness or disability which results in the
inability to practice under this Act with reasonable
judgment, skill or safety.
(28) Physical illness, including, but not limited to,
deterioration through the aging process, or loss of motor
skill which results in a physician's inability to practice
under this Act with reasonable judgment, skill or safety.
(29) Cheating on or attempt to subvert the licensing
examinations administered under this Act.
(30) Wilfully or negligently violating the
confidentiality between physician and patient except as
required by law.
(31) The use of any false, fraudulent, or deceptive
statement in any document connected with practice under
this Act.
(32) Aiding and abetting an individual not licensed
under this Act in the practice of a profession licensed
under this Act.
(33) Violating state or federal laws or regulations
relating to controlled substances, legend drugs, or
ephedra as defined in the Ephedra Prohibition Act.
(34) Failure to report to the Department any adverse
final action taken against them by another licensing
jurisdiction (any other state or any territory of the
United States or any foreign state or country), by any peer

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review body, by any health care institution, by any
professional society or association related to practice
under this Act, by any governmental agency, by any law
enforcement agency, or by any court for acts or conduct
similar to acts or conduct which would constitute grounds
for action as defined in this Section.
(35) Failure to report to the Department surrender of a
license or authorization to practice as a medical doctor, a
doctor of osteopathy, a doctor of osteopathic medicine, a
doctor of naturopathic medicine, or doctor of chiropractic
in another state or jurisdiction, or surrender of
membership on any medical staff or in any medical or
professional association or society, while under
disciplinary investigation by any of those authorities or
bodies, for acts or conduct similar to acts or conduct
which would constitute grounds for action as defined in
this Section.
(36) Failure to report to the Department any adverse
judgment, settlement, or award arising from a liability
claim related to acts or conduct similar to acts or conduct
which would constitute grounds for action as defined in
this Section.
(37) Failure to provide copies of medical records as
required by law.
(38) Failure to furnish the Department, its
investigators or representatives, relevant information,

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legally requested by the Department after consultation
with the Chief Medical Coordinator or the Deputy Medical
Coordinator.
(39) Violating the Health Care Worker Self-Referral
Act.
(40) Willful failure to provide notice when notice is
required under the Parental Notice of Abortion Act of 1995.
(41) Failure to establish and maintain records of
patient care and treatment as required by this law.
(42) Entering into an excessive number of written
collaborative agreements with licensed advanced practice
nurses resulting in an inability to adequately
collaborate.
(43) Repeated failure to adequately collaborate with a
licensed advanced practice nurse.
(44) Violating the Compassionate Use of Medical
Cannabis Pilot Program Act.
(45) Entering into an excessive number of written
collaborative agreements with licensed prescribing
psychologists resulting in an inability to adequately
collaborate.
(46) Repeated failure to adequately collaborate with a
licensed prescribing psychologist.
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

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deem proper, with regard to a license on any of the foregoing
grounds, must be commenced within 5 years next after receipt by
the Department of a complaint alleging the commission of or
notice of the conviction order for any of the acts described
herein. Except for the grounds numbered (8), (9), (26), and
(29), no action shall be commenced more than 10 years after the
date of the incident or act alleged to have violated this
Section. For actions involving the ground numbered (26), a
pattern of practice or other behavior includes all incidents
alleged to be part of the pattern of practice or other behavior
that occurred, or a report pursuant to Section 23 of this Act
received, within the 10-year period preceding the filing of the
complaint. In the event of the settlement of any claim or cause
of action in favor of the claimant or the reduction to final
judgment of any civil action in favor of the plaintiff, such
claim, cause of action or civil action being grounded on the
allegation that a person licensed under this Act was negligent
in providing care, the Department shall have an additional
period of 2 years from the date of notification to the
Department under Section 23 of this Act of such settlement or
final judgment in which to investigate and commence formal
disciplinary proceedings under Section 36 of this Act, except
as otherwise provided by law. The time during which the holder
of the license was outside the State of Illinois shall not be
included within any period of time limiting the commencement of
disciplinary action by the Department.

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The entry of an order or judgment by any circuit court
establishing that any person holding a license under this Act
is a person in need of mental treatment operates as a
suspension of that license. That person may resume their
practice only upon the entry of a Departmental order based upon
a finding by the Disciplinary Board that they have been
determined to be recovered from mental illness by the court and
upon the Disciplinary Board's recommendation that they be
permitted to resume their practice.
The Department may refuse to issue or take disciplinary
action concerning the license of any person who fails to file a
return, or to pay the tax, penalty or interest shown in a filed
return, or to pay any final assessment of tax, penalty or
interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied as determined by
the Illinois Department of Revenue.
The Department, upon the recommendation of the
Disciplinary Board, shall adopt rules which set forth standards
to be used in determining:
(a) when a person will be deemed sufficiently
rehabilitated to warrant the public trust;
(b) what constitutes dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public;
(c) what constitutes immoral conduct in the commission

HB3508 - 59 - LRB099 06148 HAF 26206 b
of any act, including, but not limited to, commission of an
act of sexual misconduct related to the licensee's
practice; and
(d) what constitutes gross negligence in the practice
of medicine.
However, no such rule shall be admissible into evidence in
any civil action except for review of a licensing or other
disciplinary action under this Act.
In enforcing this Section, the Disciplinary Board or the
Licensing Board, upon a showing of a possible violation, may
compel, in the case of the Disciplinary Board, any individual
who is licensed to practice under this Act or holds a permit to
practice under this Act, or, in the case of the Licensing
Board, 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 Licensing Board or Disciplinary Board and at the expense of
the Department. The Disciplinary Board or Licensing 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

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medicine in all of its branches, licensed chiropractic
physicians, licensed naturopathic physicians, licensed
clinical psychologists, licensed clinical social workers,
licensed clinical professional counselors, and other
professional and administrative staff. Any examining physician
or member of the multidisciplinary team may require any person
ordered to submit to an examination and evaluation pursuant to
this Section to submit to any additional supplemental testing
deemed necessary to complete any examination or evaluation
process, including, but not limited to, blood testing,
urinalysis, psychological testing, or neuropsychological
testing. The Disciplinary Board, the Licensing Board, or the
Department may order the examining physician or any member of
the multidisciplinary team to provide to the Department, the
Disciplinary Board, or the Licensing Board any and all records,
including business records, that relate to the examination and
evaluation, including any supplemental testing performed. The
Disciplinary Board, the Licensing 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

HB3508 - 61 - LRB099 06148 HAF 26206 b
relating to communication between the licensee, permit holder,
or applicant and the examining physician or any member of the
multidisciplinary team. No authorization is necessary from the
licensee, permit holder, or applicant ordered to undergo an
evaluation and examination for the examining physician or any
member of the multidisciplinary team to provide information,
reports, records, or other documents or to provide any
testimony regarding the examination and evaluation. The
individual to be examined may have, at his or her own expense,
another physician of his or her choice present during all
aspects of the examination. Failure of any individual to submit
to mental or physical examination and evaluation, or both, when
directed, shall result in an automatic suspension, without
hearing, until such time as the individual submits to the
examination. If the Disciplinary Board or Licensing Board finds
a physician unable to practice following an examination and
evaluation because of the reasons set forth in this Section,
the Disciplinary Board or Licensing Board shall require such
physician to submit to care, counseling, or treatment by
physicians, or other health care professionals, approved or
designated by the Disciplinary Board, as a condition for
issued, continued, reinstated, or renewed licensure to
practice. Any physician, whose license was granted pursuant to
Sections 9, 17, or 19 of this Act, or, continued, reinstated,
renewed, disciplined or supervised, subject to such terms,
conditions or restrictions who shall fail to comply with such

HB3508 - 62 - LRB099 06148 HAF 26206 b
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 their license suspended
immediately, pending a hearing by the Disciplinary Board. In
instances in which the Secretary immediately suspends a license
under this Section, a hearing upon such person's license must
be convened by the Disciplinary Board within 15 days after such
suspension and completed without appreciable delay. The
Disciplinary Board shall have the authority to review the
subject physician's record of treatment and counseling
regarding the impairment, to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act, affected under this
Section, shall be afforded an opportunity to demonstrate to the
Disciplinary Board that they can resume practice in compliance
with acceptable and prevailing standards under the provisions
of their license.
The Department may promulgate rules for the imposition of
fines in disciplinary cases, not to exceed $10,000 for each
violation of this Act. Fines may be imposed in conjunction with
other forms of disciplinary action, but shall not be the
exclusive disposition of any disciplinary action arising out of
conduct resulting in death or injury to a patient. Any funds

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collected from such fines shall be deposited in the Medical
Disciplinary Fund.
All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the fine
or in accordance with the terms set forth in the order imposing
the fine.
(B) The Department shall revoke the license or permit
issued under this Act to practice medicine, a naturopathic
physician, or a chiropractic physician who has been convicted a
second time of committing any felony under the Illinois
Controlled Substances Act or the Methamphetamine Control and
Community Protection Act, or who has been convicted a second
time of committing a Class 1 felony under Sections 8A-3 and
8A-6 of the Illinois Public Aid Code. A person whose license or
permit is revoked under this subsection B shall be prohibited
from practicing medicine or treating human ailments without the
use of drugs and without operative surgery.
(C) The Disciplinary Board shall recommend to the
Department civil penalties and any other appropriate
discipline in disciplinary cases when the Board finds that a
physician willfully performed an abortion with actual
knowledge that the person upon whom the abortion has been
performed is a minor or an incompetent person without notice as
required under the Parental Notice of Abortion Act of 1995.
Upon the Board's recommendation, the Department shall impose,
for the first violation, a civil penalty of $1,000 and for a

HB3508 - 64 - LRB099 06148 HAF 26206 b
second or subsequent violation, a civil penalty of $5,000.
(Source: P.A. 97-622, eff. 11-23-11; 98-601, eff. 12-30-13;
98-668, eff. 6-25-14; 98-1140, eff. 12-30-14.)
(225 ILCS 60/24) (from Ch. 111, par. 4400-24)
(Section scheduled to be repealed on December 31, 2015)
Sec. 24. Report of violations; medical associations.
(a) Any physician licensed under this Act, the Illinois
State Medical Society, the Illinois Association of Osteopathic
Physicians and Surgeons, the Illinois Chiropractic Society,
the Illinois Prairie State Chiropractic Association, the
Illinois Association of Naturopathic Physicians, or any
component societies of any of these 4 groups, and any other
person, may report to the Disciplinary Board any information
the physician, association, society, or person may have that
appears to show that a physician is or may be in violation of
any of the provisions of Section 22 of this Act.
(b) The Department may enter into agreements with the
Illinois State Medical Society, the Illinois Association of
Osteopathic Physicians and Surgeons, the Illinois Prairie
State Chiropractic Association, or the Illinois Chiropractic
Society, or the Illinois Association of Naturopathic
Physicians to allow these organizations to assist the
Disciplinary Board in the review of alleged violations of this
Act. Subject to the approval of the Department, any
organization party to such an agreement may subcontract with

HB3508 - 65 - LRB099 06148 HAF 26206 b
other individuals or organizations to assist in review.
(c) Any physician, association, society, or person
participating in good faith in the making of a report under
this Act or participating in or assisting with an investigation
or review under this Act shall have immunity from any civil,
criminal, or other liability that might result by reason of
those actions.
(d) The medical information in the custody of an entity
under contract with the Department participating in an
investigation or review shall be privileged and confidential to
the same extent as are information and reports under the
provisions of Part 21 of Article VIII of the Code of Civil
Procedure.
(e) Upon request by the Department after a mandatory report
has been filed with the Department, an attorney for any party
seeking to recover damages for injuries or death by reason of
medical, hospital, or other healing art malpractice shall
provide patient records related to the physician involved in
the disciplinary proceeding to the Department within 30 days of
the Department's request for use by the Department in any
disciplinary matter under this Act. An attorney who provides
patient records to the Department in accordance with this
requirement shall not be deemed to have violated any
attorney-client privilege. Notwithstanding any other provision
of law, consent by a patient shall not be required for the
provision of patient records in accordance with this

HB3508 - 66 - LRB099 06148 HAF 26206 b
requirement.
(f) For the purpose of any civil or criminal proceedings,
the good faith of any physician, association, society or person
shall be presumed.
(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
(225 ILCS 60/33) (from Ch. 111, par. 4400-33)
(Section scheduled to be repealed on December 31, 2015)
Sec. 33. Legend drugs.
(a) Any person licensed under this Act to practice medicine
in all of its branches shall be authorized to purchase legend
drugs requiring an order of a person authorized to prescribe
drugs, and to dispense such legend drugs in the regular course
of practicing medicine. The dispensing of such legend drugs
shall be the personal act of the person licensed under this Act
and may not be delegated to any other person not licensed under
this Act or the Pharmacy Practice Act unless such delegated
dispensing functions are under the direct supervision of the
physician authorized to dispense legend drugs. Except when
dispensing manufacturers' samples or other legend drugs in a
maximum 72 hour supply, persons licensed under this Act shall
maintain a book or file of prescriptions as required in the
Pharmacy Practice Act. Any person licensed under this Act who
dispenses any drug or medicine shall dispense such drug or
medicine in good faith and shall affix to the box, bottle,
vessel or package containing the same a label indicating (1)

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the date on which such drug or medicine is dispensed; (2) the
name of the patient; (3) the last name of the person dispensing
such drug or medicine; (4) the directions for use thereof; and
(5) the proprietary name or names or, if there are none, the
established name or names of the drug or medicine, the dosage
and quantity, except as otherwise authorized by regulation of
the Department.
(b) The labeling requirements set forth in subsection (a)
shall not apply to drugs or medicines in a package which bears
a label of the manufacturer containing information describing
its contents which is in compliance with requirements of the
Federal Food, Drug, and Cosmetic Act and the Illinois Food,
Drug, and Cosmetic Act. "Drug" and "medicine" have the meanings
ascribed to them in the Pharmacy Practice Act, as now or
hereafter amended; "good faith" has the meaning ascribed to it
in subsection (u) of Section 102 of the Illinois Controlled
Substances Act.
(c) Prior to dispensing a prescription to a patient, the
physician shall offer a written prescription to the patient
which the patient may elect to have filled by the physician or
any licensed pharmacy.
(d) A violation of any provision of this Section shall
constitute a violation of this Act and shall be grounds for
disciplinary action provided for in this Act.
(e) Nothing in this Section shall be construed to authorize
a chiropractic physician or naturopathic physician to

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prescribe drugs.
(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
(225 ILCS 60/34) (from Ch. 111, par. 4400-34)
(Section scheduled to be repealed on December 31, 2015)
Sec. 34. The provisions of this Act shall not be so
construed nor shall they be so administered as to discriminate
against any type or category of physician or against any
medical, osteopathic, naturopathic, or chiropractic college.
(Source: P.A. 85-4.)
Section 25. The Patients' Right to Know Act is amended by
changing Section 5 as follows:
(225 ILCS 61/5)
Sec. 5. Definitions. For purposes of this Act, the
following definitions shall have the following meanings,
except where the context requires otherwise:
"Department" means the Department of Financial and
Professional Regulation.
"Disciplinary Board" means the Medical Disciplinary Board.
"Physician" means a person licensed under the Medical
Practice Act to practice medicine in all of its branches, a
naturopathic physician, or a chiropractic physician licensed
to treat human ailments without the use of drugs and without
operative surgery.

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"Secretary" means the Secretary of the Department of
Financial and Professional Regulation.
(Source: P.A. 97-280, eff. 8-9-11.)
Section 30. The Naprapathic Practice Act is amended by
changing Sections 25 and 110 as follows:
(225 ILCS 63/25)
(Section scheduled to be repealed on January 1, 2023)
Sec. 25. Title and designation of licensed naprapaths.
Every person to whom a valid existing license as a naprapath
has been issued under this Act shall be designated
professionally a "naprapath", and not otherwise, and any
licensed naprapath may, in connection with the practice of his
profession, use the title or designation of "naprapath", and,
if entitled by degree from a college or university recognized
by the Department, may use the title of "Doctor of Naprapathy"
or the abbreviation "D.N.". When the name of the licensed
naprapath is used professionally in oral, written, or printed
announcements, professional cards, or publications for the
information of the public and is preceded by the title "Doctor"
or the abbreviation "Dr.", the explanatory designation of
"naprapath", "naprapathy", "Doctor of Naprapathy", or the
designation "D.N." shall be added immediately following title
and name. When the announcement, professional cards, or
publication is in writing or in print, the explanatory addition

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shall be in writing, type, or print not less than 1/2 the size
of that used in the name and title. No person other than the
holder of a valid existing license under this Act shall use the
title and designation of "Doctor of Naprapathy", "D.N.", or
"naprapath", either directly or indirectly, in connection with
his or her profession or business.
A naprapath licensed under this Act shall not hold himself
or herself out as a Doctor of Chiropractic or a Doctor of
Naturopathic Medicine unless he or she is licensed as a Doctor
of Chiropractic or Doctor of Naturopathic Medicine under the
Medical Practice Act of 1987 or any successor Act.
(Source: P.A. 97-778, eff. 7-13-12.)
(225 ILCS 63/110)
(Section scheduled to be repealed on January 1, 2023)
Sec. 110. Grounds for disciplinary action; refusal,
revocation, suspension.
(a) The Department may refuse to issue or to renew, or may
revoke, suspend, place on probation, reprimand or take other
disciplinary or non-disciplinary action as the Department may
deem appropriate, including imposing fines not to exceed
$10,000 for each violation, with regard to any licensee or
license for any one or combination of the following causes:
(1) Violations of this Act or of rules adopted under
this Act.
(2) Material misstatement in furnishing information to

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the Department.
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment, or by
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States: (i) that
is a felony or (ii) that is a misdemeanor, an essential
element of which is dishonesty, or that is directly related
to the practice of the profession.
(4) Fraud or any misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal of a license under this Act.
(5) Professional incompetence or gross negligence.
(6) Malpractice.
(7) Aiding or assisting another person in violating any
provision of this Act or its rules.
(8) Failing to provide information within 60 days in
response to a written request made by the Department.
(9) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(10) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, alcohol, or any
other substance which results in the inability to practice
with reasonable judgment, skill, or safety.

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(11) Discipline by another U.S. jurisdiction or
foreign nation if at least one of the grounds for the
discipline is the same or substantially equivalent to those
set forth in this Act.
(12) 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. This shall not be deemed to include rent or other
remunerations paid to an individual, partnership, or
corporation by a naprapath for the lease, rental, or use of
space, owned or controlled by the individual, partnership,
corporation, or association. Nothing in this paragraph
(12) affects any bona fide independent contractor or
employment arrangements among health care professionals,
health facilities, health care providers, or other
entities, except as otherwise prohibited by law. Any
employment arrangements may include provisions for
compensation, health insurance, pension, or other
employment benefits for the provision of services within
the scope of the licensee's practice under this Act.
Nothing in this paragraph (12) shall be construed to
require an employment arrangement to receive professional
fees for services rendered.
(13) Using the title "Doctor" or its abbreviation
without further clarifying that title or abbreviation with

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the word "naprapath" or "naprapathy" or the designation
"D.N.".
(14) A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation.
(15) Abandonment of a patient without cause.
(16) Willfully making or filing false records or
reports relating to a licensee's practice, including but
not limited to, false records filed with State agencies or
departments.
(17) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(18) Physical or mental illness or disability,
including, but not limited to, deterioration through the
aging process or loss of motor skill that results in the
inability to practice the profession with reasonable
judgment, skill, or safety.
(19) Solicitation of professional services by means
other than permitted advertising.
(20) Failure to provide a patient with a copy of his or
her record upon the written request of the patient.
(21) Cheating on or attempting to subvert the licensing
examination administered under this Act.
(22) Allowing one's license under this Act to be used
by an unlicensed person in violation of this Act.

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(23) (Blank).
(24) 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 a neglected
child as defined in the Abused and Neglected Child
Reporting Act.
(25) Practicing under a false or, except as provided by
law, an assumed name.
(26) Immoral conduct in the commission of any act, such
as sexual abuse, sexual misconduct, or sexual
exploitation, related to the licensee's practice.
(27) Maintaining a professional relationship with any
person, firm, or corporation when the naprapath knows, or
should know, that the person, firm, or corporation is
violating this Act.
(28) Promotion of the sale of food supplements,
devices, appliances, or goods provided for a client or
patient in such manner as to exploit the patient or client
for financial gain of the licensee.
(29) Having treated ailments of human beings other than
by the practice of naprapathy as defined in this Act, or
having treated ailments of human beings as a licensed
naprapath independent of a documented referral or
documented current and relevant diagnosis from a

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physician, dentist, or podiatric physician, or having
failed to notify the physician, dentist, or podiatric
physician who established a documented current and
relevant diagnosis that the patient is receiving
naprapathic treatment pursuant to that diagnosis.
(30) Use by a registered naprapath of the word
"infirmary", "hospital", "school", "university", in
English or any other language, in connection with the place
where naprapathy may be practiced or demonstrated.
(31) Continuance of a naprapath in the employ of any
person, firm, or corporation, or as an assistant to any
naprapath or naprapaths, directly or indirectly, after his
or her employer or superior has been found guilty of
violating or has been enjoined from violating the laws of
the State of Illinois relating to the practice of
naprapathy when the employer or superior persists in that
violation.
(32) The performance of naprapathic service in
conjunction with a scheme or plan with another person,
firm, or corporation known to be advertising in a manner
contrary to this Act or otherwise violating the laws of the
State of Illinois concerning the practice of naprapathy.
(33) Failure to provide satisfactory proof of having
participated in approved continuing education programs as
determined by and approved by the Secretary. Exceptions for
extreme hardships are to be defined by the rules of the

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Department.
(34) (Blank).
(35) Gross or willful overcharging for professional
services.
(36) (Blank).
All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the
fine.
(b) The Department may refuse to issue or may suspend
without hearing, as provided for in the Department of
Professional Regulation Law of the Civil Administrative Code,
the license of any person who fails to file a return, or pay
the tax, penalty, or interest shown in a filed return, or 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 in accordance with subsection (g) of Section
2105-15 of the Department of Professional Regulation Law of the
Civil Administrative Code of Illinois.
(c) The Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with item (5) of subsection
(a) of Section 2105-15 of the Department of Professional
Regulation Law of the Civil Administrative Code of Illinois.

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(d) In cases where the Department of Healthcare and Family
Services has previously determined a licensee or a potential
licensee is more than 30 days delinquent in the payment of
child support and has subsequently certified the delinquency to
the Department, the Department may refuse to issue or renew or
may revoke or suspend that person's license or may take other
disciplinary action against that person based solely upon the
certification of delinquency made by the Department of
Healthcare and Family Services in accordance with item (5) of
subsection (a) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois.
(e) 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 shall
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and the issuance of an order so finding and discharging the
patient.
(f) In enforcing this Act, the Department, upon a showing
of a possible violation, may compel an individual licensed to
practice under this Act, or who has applied for licensure under
this Act, to submit to a mental or physical examination and
evaluation, or both, which may include a substance abuse or
sexual offender evaluation, as required by and at the expense

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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 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
naturopathic physicians, licensed clinical psychologists,
licensed clinical social workers, licensed clinical
professional counselors, and other professional and
administrative staff. Any examining physician or member of the
multidisciplinary team may require any person ordered to submit
to an examination and evaluation pursuant to this Section to
submit to any additional supplemental testing deemed necessary
to complete any examination or evaluation process, including,
but not limited to, blood testing, urinalysis, psychological
testing, or neuropsychological testing.
The 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 concerning the examination and evaluation

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of the licensee or applicant, including testimony concerning
any supplemental testing or documents in any way related 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 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 evaluation
and examination for the examining physician or any member of
the multidisciplinary team to provide information, reports,
records, or other documents or to provide any testimony
regarding the examination and evaluation. The individual to be
examined may have, at his or her own expense, another physician
of his or her choice present during all aspects of this
examination. Failure of an individual to submit to a 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.
A person holding a license under this Act or who has
applied for a license under this Act who, because of a physical
or mental illness or disability, including, but not limited to,
deterioration through the aging process or loss of motor skill,
is unable to practice the profession with reasonable judgment,
skill, or safety, may be required by the Department to submit
to care, counseling, or treatment by physicians approved or

HB3508 - 80 - LRB099 06148 HAF 26206 b
designated by the Department as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice. Submission to care, counseling, or treatment as
required by the Department shall not be considered discipline
of a license. If the licensee refuses to enter into a care,
counseling, or treatment agreement or fails to abide by the
terms of the agreement, the Department may file a complaint to
revoke, suspend, or otherwise discipline the license of the
individual. The Secretary may order the license suspended
immediately, pending a hearing by the Department. Fines shall
not be assessed in disciplinary actions involving physical or
mental illness or impairment.
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 15 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
with acceptable and prevailing standards under the provisions
of his or her license.

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(Source: P.A. 97-778, eff. 7-13-12; 98-214, eff. 8-9-13;
98-463, eff. 8-16-13.)
Section 35. The Illinois Physical Therapy Act is amended by
changing Section 1 as follows:
(225 ILCS 90/1) (from Ch. 111, par. 4251)
(Section scheduled to be repealed on January 1, 2016)
Sec. 1. Definitions. As used in this Act:
(1) "Physical therapy" means all of the following:
(A) Examining, evaluating, and testing individuals who
may have mechanical, physiological, or developmental
impairments, functional limitations, disabilities, or
other health and movement-related conditions, classifying
these disorders, determining a rehabilitation prognosis
and plan of therapeutic intervention, and assessing the
on-going effects of the interventions.
(B) Alleviating impairments, functional limitations,
or disabilities by designing, implementing, and modifying
therapeutic interventions that may include, but are not
limited to, the evaluation or treatment of a person through
the use of the effective properties of physical measures
and heat, cold, light, water, radiant energy, electricity,
sound, and air and use of therapeutic massage, therapeutic
exercise, mobilization, and rehabilitative procedures,
with or without assistive devices, for the purposes of

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preventing, correcting, or alleviating a physical or
mental impairment, functional limitation, or disability.
(C) Reducing the risk of injury, impairment,
functional limitation, or disability, including the
promotion and maintenance of fitness, health, and
wellness.
(D) Engaging in administration, consultation,
education, and research.
Physical therapy includes, but is not limited to: (a)
performance of specialized tests and measurements, (b)
administration of specialized treatment procedures, (c)
interpretation of referrals from physicians, dentists,
advanced practice nurses, physician assistants, and podiatric
physicians, (d) establishment, and modification of physical
therapy treatment programs, (e) administration of topical
medication used in generally accepted physical therapy
procedures when such medication is prescribed by the patient's
physician, licensed to practice medicine in all its branches,
the patient's physician licensed to practice podiatric
medicine, the patient's advanced practice nurse, the patient's
physician assistant, or the patient's dentist, and (f)
supervision or teaching of physical therapy. Physical therapy
does not include radiology, electrosurgery, chiropractic
technique, naturopathic technique, or determination of a
differential diagnosis; provided, however, the limitation on
determining a differential diagnosis shall not in any manner

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limit a physical therapist licensed under this Act from
performing an evaluation pursuant to such license. Nothing in
this Section shall limit a physical therapist from employing
appropriate physical therapy techniques that he or she is
educated and licensed to perform. A physical therapist shall
refer to a licensed physician, advanced practice nurse,
physician assistant, dentist, or podiatric physician any
patient whose medical condition should, at the time of
evaluation or treatment, be determined to be beyond the scope
of practice of the physical therapist.
(2) "Physical therapist" means a person who practices
physical therapy and who has met all requirements as provided
in this Act.
(3) "Department" means the Department of Professional
Regulation.
(4) "Director" means the Director of Professional
Regulation.
(5) "Board" means the Physical Therapy Licensing and
Disciplinary Board approved by the Director.
(6) "Referral" means a written or oral authorization for
physical therapy services for a patient by a physician,
dentist, advanced practice nurse, physician assistant, or
podiatric physician who maintains medical supervision of the
patient and makes a diagnosis or verifies that the patient's
condition is such that it may be treated by a physical
therapist.

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(7) "Documented current and relevant diagnosis" for the
purpose of this Act means a diagnosis, substantiated by
signature or oral verification of a physician, dentist,
advanced practice nurse, physician assistant, or podiatric
physician, that a patient's condition is such that it may be
treated by physical therapy as defined in this Act, which
diagnosis shall remain in effect until changed by the
physician, dentist, advanced practice nurse, physician
assistant, or podiatric physician.
(8) "State" includes:
(a) the states of the United States of America;
(b) the District of Columbia; and
(c) the Commonwealth of Puerto Rico.
(9) "Physical therapist assistant" means a person licensed
to assist a physical therapist and who has met all requirements
as provided in this Act and who works under the supervision of
a licensed physical therapist to assist in implementing the
physical therapy treatment program as established by the
licensed physical therapist. The patient care activities
provided by the physical therapist assistant shall not include
the interpretation of referrals, evaluation procedures, or the
planning or major modification of patient programs.
(10) "Physical therapy aide" means a person who has
received on the job training, specific to the facility in which
he is employed, but who has not completed an approved physical
therapist assistant program.

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(11) "Advanced practice nurse" means a person licensed
under the Nurse Practice Act who has a collaborative agreement
with a collaborating physician that authorizes referrals to
physical therapists.
(12) "Physician assistant" means a person licensed under
the Physician Assistant Practice Act of 1987 who has been
delegated authority to make referrals to physical therapists.
(Source: P.A. 98-214, eff. 8-9-13.)
Section 40. The Health Care Arbitration Act is amended by
changing Section 2 as follows:
(710 ILCS 15/2) (from Ch. 10, par. 202)
Sec. 2. Definitions. As used in this Act:
(a) "Health care provider" means a person, partnership,
corporation, or other entity lawfully engaged in the practice
of medicine, surgery, chiropractic, naturopathy, dentistry,
podiatry, optometry, physical therapy or nursing.
(b) "Hospital" means a person, partnership, corporation or
other entity lawfully engaged in the operation or
administration of a hospital, clinic, nursing home or
sanitarium.
(c) "Supplier" means a person, corporation, partnership or
other entity that has manufactured, designed, distributed,
sold, or otherwise provided any medication, device, equipment,
service, or other product used in the diagnosis or treatment of

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a patient.
(d) "Health care arbitration agreement" or "agreement"
means a written agreement between a patient and a hospital or
health care provider to submit to binding arbitration a claim
for damages arising out of (1) injuries alleged to have been
received by a patient or (2) death of a patient, due to
hospital or health care provider negligence or other wrongful
act, but not including intentional torts.
(Source: P.A. 90-655, eff. 7-30-98.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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INDEX
Statutes amended in order of appearance
20 ILCS 3945/2 from Ch. 144, par. 2002
105 ILCS 5/24-6
105 ILCS 5/26-1 from Ch. 122, par. 26-1
215 ILCS 5/122-1 from Ch. 73, par. 734-1
225 ILCS 60/2 from Ch. 111, par. 4400-2
225 ILCS 60/7 from Ch. 111, par. 4400-7
225 ILCS 60/8 from Ch. 111, par. 4400-8
225 ILCS 60/9 from Ch. 111, par. 4400-9
225 ILCS 60/10 from Ch. 111, par. 4400-10
225 ILCS 60/11 from Ch. 111, par. 4400-11
225 ILCS 60/14 from Ch. 111, par. 4400-14
225 ILCS 60/15 from Ch. 111, par. 4400-15
225 ILCS 60/16 from Ch. 111, par. 4400-16
225 ILCS 60/17 from Ch. 111, par. 4400-17
225 ILCS 60/18 from Ch. 111, par. 4400-18
225 ILCS 60/19 from Ch. 111, par. 4400-19
225 ILCS 60/22 from Ch. 111, par. 4400-22
225 ILCS 60/24 from Ch. 111, par. 4400-24
225 ILCS 60/33 from Ch. 111, par. 4400-33
225 ILCS 60/34 from Ch. 111, par. 4400-34
225 ILCS 61/5
225 ILCS 63/25
225 ILCS 63/110
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