Bill Text: IL HB3711 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Defines "reportable misconduct" as specified sexual and violent misconduct. Requires health professionals and health institutions to report reportable misconduct to the Department of Financial and Professional Regulation. Sets forth provisions concerning time lines for reporting, contents of the report, and confidentiality. Permits the Department to adopt rules to implement, administer, and enforce the reporting requirements, including, but not limited to, rules that define terms and are necessary and appropriate to interpret and implement provisions concerning health professionals and health institutions. Provides that a law enforcement agency shall make a report to the Department within 30 days after opening an investigation into, making an arrest of, or bringing charges of a felony or Class A misdemeanor violation against a person who is licensed or registered by the Department. Provides that the State's Attorney shall report to the Department within 5 days after the conviction for a felony or Class A misdemeanor of a person who is licensed or registered by the Department. Amends the Hospital Licensing Act. Adds reporting requirements for specified serious incidents or events. Creates the Sexual Assault Survivors Fund. Makes changes in provisions concerning the posting of information; reports to the Department; penalties for failure to comply with the Act; and patient protection from abuse. Amends the State Finance Act to make a conforming change. Amends the Illinois Adverse Health Care Events Reporting Law of 2005. Makes changes in provisions concerning the establishment of a reporting system. Amends various Acts pertaining to health professionals and health institutions. Adds the failure to report reportable misconduct to the causes that allow the Department to take disciplinary or non-disciplinary action as deemed appropriate by the Department with regard to a license. Makes conforming and other changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-07 - Filed with the Clerk by Rep. Kelly M. Cassidy [HB3711 Detail]

Download: Illinois-2025-HB3711-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3711 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED:
See Index
Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Defines "reportable misconduct" as specified sexual and violent misconduct. Requires health professionals and health institutions to report reportable misconduct to the Department of Financial and Professional Regulation. Sets forth provisions concerning time lines for reporting, contents of the report, and confidentiality. Permits the Department to adopt rules to implement, administer, and enforce the reporting requirements, including, but not limited to, rules that define terms and are necessary and appropriate to interpret and implement provisions concerning health professionals and health institutions. Provides that a law enforcement agency shall make a report to the Department within 30 days after opening an investigation into, making an arrest of, or bringing charges of a felony or Class A misdemeanor violation against a person who is licensed or registered by the Department. Provides that the State's Attorney shall report to the Department within 5 days after the conviction for a felony or Class A misdemeanor of a person who is licensed or registered by the Department. Amends the Hospital Licensing Act. Adds reporting requirements for specified serious incidents or events. Creates the Sexual Assault Survivors Fund. Makes changes in provisions concerning the posting of information; reports to the Department; penalties for failure to comply with the Act; and patient protection from abuse. Amends the State Finance Act to make a conforming change. Amends the Illinois Adverse Health Care Events Reporting Law of 2005. Makes changes in provisions concerning the establishment of a reporting system. Amends various Acts pertaining to health professionals and health institutions. Adds the failure to report reportable misconduct to the causes that allow the Department to take disciplinary or non-disciplinary action as deemed appropriate by the Department with regard to a license. Makes conforming and other changes.
LRB104 09787 AAS 19853 b
A BILL FOR
HB3711 LRB104 09787 AAS 19853 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Department of Professional Regulation Law
of the Civil Administrative Code of Illinois is amended by
adding Sections 2105-390, 2105-391, and 2105-392 as follows:
(20 ILCS 2105/2105-390 new)
Sec. 2105-390. Health professionals; duty to report.
(a) As used in this Section:
"Health professional" means (i) a person licensed or
registered by the Department of Financial and Professional
Regulation under the following Acts: the Medical Practice Act
of 1987, the Nurse Practice Act, the Acupuncture Practice Act,
the Illinois Athletic Trainers Practice Act, the Behavior
Analyst Licensing Act, the Clinical Psychologist Licensing
Act, the Clinical Social Work and Social Work Practice Act,
the Illinois Dental Practice Act, the Dietitian Nutritionist
Practice Act, the Marriage and Family Therapy Licensing Act,
the Music Therapy Licensing and Practice Act, the Massage
Therapy Practice Act, the Naprapathic Practice Act, Licensed
Certified Professional Midwife Practice Act, the Nursing Home
Administrators Licensing and Disciplinary Act, the Illinois
Occupational Therapy Practice Act, the Illinois Optometric

HB3711 - 2 - LRB104 09787 AAS 19853 b
Practice Act of 1987, the Orthotics, Prosthetics, and
Pedorthics Practice Act, the Pharmacy Practice Act, the
Illinois Physical Therapy Act, the Physician Assistant
Practice Act of 1987, the Podiatric Medical Practice Act of
1987, the Respiratory Care Practice Act, the Professional
Counselor and Clinical Professional Counselor Licensing and
Practice Act, the Sex Offender Evaluation and Treatment
Provider Act, the Illinois Speech-Language Pathology and
Audiology Practice Act, the Perfusionist Practice Act, the
Registered Surgical Assistant and Registered Surgical
Technologist Title Protection Act, or the Genetic Counselor
Licensing Act or (ii) a person in any other related profession
that the Department of Financial and Professional Regulation
may add by rule.
"Reportable misconduct" means the following conduct by a
health professional:
(1) engaging in behavior with a patient or client that
is sexual, or may be reasonably interpreted as sexual, in
the course of professional service, including, but not
limited to, the following:
(A) genital to genital contact, oral to genital
contact, genital to anal contact, or oral to anal
contact;
(B) kissing in a romantic or sexual manner;
(C) touching the genitals, anus, breast, or any
other sexualized body part for any purpose other than

HB3711 - 3 - LRB104 09787 AAS 19853 b
appropriate clinical examination or professional
service;
(D) touching the genitals, anus, breast, or any
other sexualized body part after the patient or client
has refused or has withdrawn consent for such
touching;
(E) encouraging the patient or client to
masturbate in the presence of the professional or
masturbation by the professional while the patient or
client is present;
(F) encouraging the patient or client to engage in
a sexual act with another person in the presence of the
professional; or
(G) offering to provide professional services to a
patient or client in exchange for sexual favors;
(2) engaging in behavior, gestures, or expressions
that are seductive, sexually suggestive, disrespectful of
patient or client privacy, or sexually demeaning to a
patient or client in the course of professional service,
including, but not limited to, the following:
(A) neglecting to employ disrobing or draping
practices that respect the patient's or client's
privacy or deliberately watching a patient or client
dress or undress;
(B) subjecting a patient or client to an intimate
examination in the presence of students or other

HB3711 - 4 - LRB104 09787 AAS 19853 b
persons not delivering professional services without
the patient's or client's informed consent or after
the withdrawal of informed consent by the patient or
client;
(C) examination or touching of a patient's or
client's genital mucosal areas without the use of
gloves;
(D) making sexualized or sexually demeaning
comments to a patient or client, making inappropriate
comments about potential sexual performance,
criticizing the patient or client's sexual
orientation, or making sexual or seductive comments
about a patient's or client's body or underclothing;
(E) using the professional-patient or
professional-client relationship to solicit a romantic
or sexual relationship;
(F) initiating a conversation regarding the
professional's sexual problems, preferences, or
fantasies;
(G) performing an intimate examination or service
without clinical or other professional justification;
(H) performing an intimate examination or service
without explaining to the patient or client the need
for the examination or service, regardless of whether
the examination or service is pertinent to the issue
of sexual function or dysfunction;

HB3711 - 5 - LRB104 09787 AAS 19853 b
(I) capturing an image of a patient's or client's
genitals, anus, breast, or sexualized body part, or
transmitting such an image to oneself or to another,
when the capture or transmission is not clinically or
professionally justified; or
(J) requesting details of a patient's or client's
sexual history or sexual likes or dislikes when not
clinically or professionally justified;
(3) causing bodily harm to a patient or client, or
making physical contact of an insulting or provoking
nature with a patient or client, knowingly and without
clinical or professional justification in the course of
professional service;
(4) causing death, great bodily harm, permanent
disability, or disfigurement of an individual, regardless
of whether the conduct is in the course of a professional
service;
(5) confining, detaining, or attempting to confine or
detain an individual against his or her will, regardless
of whether the conduct is in the course of a professional
service;
(6) making physical contact of a sexual or seductive
nature, or attempting to make such contact, with an
individual who does not consent to the contact or who is
incapable of consenting to such contact, regardless of
whether the conduct is in the course of a professional

HB3711 - 6 - LRB104 09787 AAS 19853 b
service;
(7) engaging in an act or displaying an image of a
sexual or seductive nature, or attempting to engage in an
act or display an image of a sexual or seductive nature,
knowingly in view of an individual who does not consent to
view the act or image or who is incapable of consenting to
such viewing, regardless of whether the conduct is in the
course of a professional service; or
(8) communicating an image of the genitals, anus,
breast, or sexualized body part of an individual when the
individual or the recipient of the communication does not
consent to the communication, regardless of whether the
conduct is in the course of a professional service.
(b) A health professional shall report to the Department
of Financial and Professional Regulation within 24 hours
after:
(1) witnessing reportable misconduct;
(2) receiving a report, either written or oral,
directly from an individual who alleges that he or she
witnessed reportable misconduct; or
(3) receiving a report, either written or oral,
directly or through a co-worker not subject to the
reporting requirement of this Section, from a patient,
client, patient representative, or client representative
alleging reportable misconduct involving the patient or
client.

HB3711 - 7 - LRB104 09787 AAS 19853 b
(c) A health professional shall report to the Department
of Financial and Professional Regulation within 24 hours after
he or she acquires knowledge that he or she has been made the
subject of an investigation by:
(1) his or her employer, or by another entity that
contracts for his or her services, for alleged reportable
misconduct; or
(2) by law enforcement for an alleged crime related to
facts and circumstances that, if true, would constitute
reportable misconduct.
(d) A report required by subsection (b) shall be in
writing and shall contain the following information:
(1) the name, address, telephone number, and email
address of the person making the report;
(2) the name, address, telephone number, and email
address of the health professional who is the subject of
the report and the profession and professional license
number of the health professional, if known;
(3) the name, address, or other contact information of
the individual or individuals who made the oral or written
allegation of reportable misconduct that is the subject of
the report, and an identification of the acts that are
alleged to have occurred and the location where those acts
are alleged to have occurred;
(4) a copy of the oral or written allegation of
reportable misconduct received by the reporter, if any;

HB3711 - 8 - LRB104 09787 AAS 19853 b
(5) a brief description of the facts that gave rise to
the issuance of the report, including the date of
receiving the oral or written allegation; and
(6) any further pertinent information that the
reporting party deems to be an aid in the evaluation of the
report.
(e) A report required by subsection (c) shall be in
writing and shall contain the following information:
(1) the name, address, telephone number, and email
address of the health professional who is the subject of
the report, his or her profession, and his or her
professional license number;
(2) the name, address, or other contact information of
the individual or individuals who may have knowledge of
the allegations that gave rise to the investigation;
(3) a copy of the oral or written allegation that gave
rise to the investigation, if any;
(4) a brief description of the facts that gave rise to
the investigation; and
(5) any further pertinent information that the
reporting party deems to be an aid in the evaluation of the
report.
(f) A report made under this Section is confidential and
shall only be available to the Department of Financial and
Professional Regulation for the administration and enforcement
of professional Acts regulating health professionals.

HB3711 - 9 - LRB104 09787 AAS 19853 b
(g) The Department of Financial and Professional
Regulation may adopt rules to implement, administer, and
enforce this Section, including, but not limited to, rules
that define the terms used in this Section and are necessary
and appropriate to interpret and implement this Section.
(20 ILCS 2105/2105-391 new)
Sec. 2105-391. Health institutions; duty to report.
(a) As used in this Section:
"Health professional" means (i) a person licensed or
registered by the Department of Financial and Professional
Regulation under the following Acts: the Medical Practice Act
of 1987, the Nurse Practice Act, the Acupuncture Practice Act,
the Illinois Athletic Trainers Practice Act, the Behavior
Analyst Licensing Act, the Clinical Psychologist Licensing
Act, the Clinical Social Work and Social Work Practice Act,
the Illinois Dental Practice Act, the Dietitian Nutritionist
Practice Act, the Marriage and Family Therapy Licensing Act,
the Music Therapy Licensing and Practice Act, the Massage
Therapy Practice Act, the Naprapathic Practice Act, Licensed
Certified Professional Midwife Practice Act, the Nursing Home
Administrators Licensing and Disciplinary Act, the Illinois
Occupational Therapy Practice Act, the Illinois Optometric
Practice Act of 1987, the Orthotics, Prosthetics, and
Pedorthics Practice Act, the Pharmacy Practice Act, the
Illinois Physical Therapy Act, the Physician Assistant

HB3711 - 10 - LRB104 09787 AAS 19853 b
Practice Act of 1987, the Podiatric Medical Practice Act of
1987, the Respiratory Care Practice Act, the Professional
Counselor and Clinical Professional Counselor Licensing and
Practice Act, the Sex Offender Evaluation and Treatment
Provider Act, the Illinois Speech-Language Pathology and
Audiology Practice Act, the Perfusionist Practice Act, the
Registered Surgical Assistant and Registered Surgical
Technologist Title Protection Act, or the Genetic Counselor
Licensing Act or (ii) a person in any other related profession
that the Department of Financial and Professional Regulation
may add by rule.
"Reportable misconduct" means the following conduct by a
health professional:
(1) engaging in behavior with a patient or client that
is sexual, or may be reasonably interpreted as sexual, in
the course of professional service, including, but not
limited to, the following:
(A) genital to genital contact, oral to genital
contact, genital to anal contact, or oral to anal
contact;
(B) kissing in a romantic or sexual manner;
(C) touching the genitals, anus, breast, or any
other sexualized body part for any purpose other than
appropriate clinical examination or professional
service;
(D) touching the genitals, anus, breast, or any

HB3711 - 11 - LRB104 09787 AAS 19853 b
other sexualized body part after the patient or client
has refused or has withdrawn consent for such
touching;
(E) encouraging the patient or client to
masturbate in the presence of the professional or
masturbation by the professional while the patient or
client is present;
(F) encouraging the patient or client to engage in
a sexual act with another person in the presence of the
professional; or
(G) offering to provide professional services to a
patient or client in exchange for sexual favors;
(2) engaging in behavior, gestures, or expressions
that are seductive, sexually suggestive, disrespectful of
patient or client privacy, or sexually demeaning to a
patient or client in the course of professional service,
including, but not limited to, the following:
(A) neglecting to employ disrobing or draping
practices that respect the patient's or client's
privacy or deliberately watching a patient or client
dress or undress;
(B) subjecting a patient or client to an intimate
examination in the presence of students or other
persons not delivering professional services without
the patient's or client's informed consent or after
the withdrawal of informed consent by the patient or

HB3711 - 12 - LRB104 09787 AAS 19853 b
client;
(C) examination or touching of a patient's or
client's genital mucosal areas without the use of
gloves;
(D) making sexualized or sexually demeaning
comments to a patient or client, making inappropriate
comments about potential sexual performance,
criticizing the patient or client's sexual
orientation, or making sexual or seductive comments
about a patient's or client's body or underclothing;
(E) using the professional-patient or
professional-client relationship to solicit a romantic
or sexual relationship;
(F) initiating a conversation regarding the
professional's sexual problems, preferences, or
fantasies;
(G) performing an intimate examination or service
without clinical or other professional justification;
(H) performing an intimate examination or service
without explaining to the patient or client the need
for the examination or service, regardless of whether
the examination or service is pertinent to the issue
of sexual function or dysfunction;
(I) capturing an image of a patient's or client's
genitals, anus, breast, or sexualized body part, or
transmitting such an image to oneself or to another,

HB3711 - 13 - LRB104 09787 AAS 19853 b
when the capture or transmission is not clinically or
professionally justified; or
(J) requesting details of a patient's or client's
sexual history or sexual likes or dislikes when not
clinically or professionally justified;
(3) causing bodily harm to a patient or client, or
making physical contact of an insulting or provoking
nature with a patient or client, knowingly and without
clinical or professional justification in the course of
professional service;
(4) causing death, great bodily harm, permanent
disability, or disfigurement of an individual, regardless
of whether the conduct is in the course of a professional
service;
(5) confining, detaining, or attempting to confine or
detain an individual against his or her will, regardless
of whether the conduct is in the course of a professional
service;
(6) making physical contact of a sexual or seductive
nature, or attempting to make such contact, with an
individual who does not consent to the contact or who is
incapable of consenting to such contact, regardless of
whether the conduct is in the course of a professional
service;
(7) engaging in an act or displaying an image of a
sexual or seductive nature, or attempting to engage in an

HB3711 - 14 - LRB104 09787 AAS 19853 b
act or display an image of a sexual or seductive nature,
knowingly in view of an individual who does not consent to
view the act or image or who is incapable of consenting to
such viewing, regardless of whether the conduct is in the
course of a professional service; or
(8) communicating an image of the genitals, anus,
breast, or sexualized body part of an individual when the
individual or the recipient of the communication does not
consent to the communication, regardless of whether the
conduct is in the course of a professional service.
"Reporting organization" means:
(1) an entity that employs or contracts for the
services of health professionals and is (i) registered
with the Department of Financial and Professional
Regulation or the Division of Professional Regulation
under the Professional Service Corporation Act, the
Medical Corporation Act, the Professional Limited
Liability Company Act, or the Limited Liability Company
Act, (ii) organized under the Business Corporation Act of
1983, or (iii) licensed by the Department of Public
Health; or
(2) an entity that facilitates the placement of health
professionals into organizations that provide health care
services.
(b) A reporting organization shall report to the
Department of Financial and Professional Regulation within 24

HB3711 - 15 - LRB104 09787 AAS 19853 b
hours after:
(1) initiating an investigation into an allegation
that a health professional engaged in reportable
misconduct;
(2) terminating its relationship with, suspending,
placing on leave, or materially changing the professional
privileges of a health professional following an
allegation that the health professional engaged in
reportable misconduct; or
(3) a health professional resigning, ceasing his or
her services, or accepting a material change in
professional responsibilities following an allegation that
the health professional engaged in reportable misconduct.
(b) A reporting organization shall report to the
Department of Financial and Professional Regulation within 24
hours after:
(1) initiating an investigation into an allegation
that a health professional engaged in reportable
misconduct;
(2) terminating its relationship with, suspending,
placing on leave, or materially changing the professional
privileges of a health professional following an
allegation that the health professional engaged in
reportable misconduct; or
(3) a health professional resigning, ceasing his or
her services, or accepting a material change in

HB3711 - 16 - LRB104 09787 AAS 19853 b
professional responsibilities following an allegation that
the health professional engaged in reportable misconduct.
(c) A report required by subsection (b) shall be in
writing and shall contain the following information:
(1) the name, address, telephone number, and email
address of the person making the report;
(2) the name, address, telephone number, and email
address of the health professional who is the subject of
the report and the profession and professional license
number of the health professional, if known;
(3) the name, address, or other contact information of
the individual or individuals who made an oral or written
allegation of reportable misconduct that is the subject of
the report, and an identification of the acts that are
alleged to have occurred and the location where those acts
are alleged to have occurred;
(4) a copy of the oral or written allegation of
reportable misconduct received by the reporter, if any;
(5) a brief description of the facts that gave rise to
the issuance of the report, including the date of
receiving the oral or written allegation; and
(6) any further pertinent information that the
reporting party deems to be an aid in the evaluation of the
report.
(f) A report made under this Section is confidential and
shall only be available to the Department of Financial and

HB3711 - 17 - LRB104 09787 AAS 19853 b
Professional Regulation for the administration and enforcement
of professional Acts regulating health professionals.
(g) The Department of Financial and Professional
Regulation may adopt rules to implement, administer, and
enforce this Section, including but not limited to, rules that
define the terms used in this Section and are necessary and
appropriate to interpret and implement the provisions of this
Section.
(20 ILCS 2105/2105-392 new)
Sec. 2105-392. Law enforcement; report of investigations,
arrests, or convictions.
(a) A law enforcement agency, including, but not limited
to, the Illinois State Police or any other State law
enforcement agency, a county or municipal police department or
agency, and the State's Attorney of a county, shall report to
the Department of Financial and Professional Regulation within
30 days after opening an investigation into, making an arrest
of, or bringing charges of a felony or Class A misdemeanor
violation against a person who is licensed or registered by
the Department of Financial and Professional Regulation.
(b) The State's Attorney shall report to the Department of
Financial and Professional Regulation within 5 days after the
conviction for a felony or Class A misdemeanor of a person who
is licensed or registered by the Department of Financial and
Professional Regulation.

HB3711 - 18 - LRB104 09787 AAS 19853 b
(c) A report of the opening of an investigation made under
this Section is confidential and shall only be available to
the Department of Financial and Professional Regulation for
the enforcement of an Act administered by the Department of
Financial and Professional Regulation.
(d) The Department of Financial and Professional
Regulation may adopt rules to implement, administer, and
enforce this Section, including, but not limited to, rules
that define the terms used in this Section and are necessary
and appropriate to interpret and implement this Section.
Section 10. The State Finance Act is amended by adding
Section 5.1030 as follows:
(30 ILCS 105/5.1030 new)
Sec. 5.1030. The Sexual Assault Survivors Fund.
Section 15. The Hospital Licensing Act is amended by
changing Sections 6.14c, 9.6, and 7 and by adding Section
6.14h as follows:
(210 ILCS 85/6.14c)
Sec. 6.14c. Posting of information. Every hospital shall
conspicuously post, either by physical or electronic means,
for display in an area of its offices accessible to patients,
employees, and visitors the following:

HB3711 - 19 - LRB104 09787 AAS 19853 b
(1) its current license;
(2) a description, provided by the Department, of
complaint procedures , including procedures for
allegations of abuse under Section 9.6, established under
this Act, and the name, address, and telephone number of a
person authorized by the Department to receive complaints,
and the contact number of the Department and local law
enforcement;
(3) a list of any orders pertaining to the hospital
issued by the Department during the past year and any
court orders reviewing such Department orders issued
during the past year; and
(4) a list of the material available for public
inspection under Section 6.14d; and .
(5) a description of the hospital's process for
employees to report allegations of abuse and that hospital
administration shall send a report to the Department and
submit a report to [e-mail] within
24 hours of obtaining the report.
Each hospital shall post, either by physical or electronic
means, in each facility that has an emergency room, a notice in
a conspicuous location in the emergency room with information
about how to enroll in health insurance through the Illinois
health insurance marketplace in accordance with Sections 1311
and 1321 of the federal Patient Protection and Affordable Care
Act.

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(Source: P.A. 101-117, eff. 1-1-20; 102-4, eff. 4-27-21.)
(210 ILCS 85/6.14h new)
Sec. 6.14h. Reports; serious incidents or events.
(a) As used in this Section, "Serious incidents or events"
means any of the following:
(1) a sexual assault by one patient to another patient
or by a visitor to a patient;
(2) sexual abuse or sexual misconduct by an employee
or patient;
(3) physical abuse or battery by one patient to
another patient or by a visitor to a patient resulting in
serious harm;
(4) patient suicide;
(5) abduction of an infant or a child;
(6) surgical fire resulting in patient injury;
(7) death due to blood transfusion reaction;
(8) patient elopement from psychiatric unit; and
(9) wrong site surgery resulting in harm.
(b) A hospital administrator or the hospital
administrator's designee shall report to the Department the
occurrence of any serious incidents or events no later than 24
hours after discovery of the event. The report shall be filed
in a format specified by the Department and shall identify the
following:
(1) the name of the patient;

HB3711 - 21 - LRB104 09787 AAS 19853 b
(2) the name and address of the hospital treating the
patient;
(3) the age of the patient;
(4) a description of the serious incident or event;
(5) the patient's condition, including any evidence of
previous injuries or disabilities;
(6) any other information that the reporter believes
might be helpful in establishing the cause of the reported
incident or event; and
(7) information identifying any of the health care
professionals, employees, or patients involved.
(c) The hospital administrator shall immediately report
the incident to law enforcement in accordance with the
Criminal Identification Act, if applicable. Hospitals shall
report incidents of abuse in accordance with Section 9.6 of
this Act.
(d) The Department may conduct an investigation pursuant
to a report under this Section as it deems necessary.
(e) The Department may promulgate rules to further
implement this Section.
(210 ILCS 85/7) (from Ch. 111 1/2, par. 148)
Sec. 7. (a) The Director after notice and opportunity for
hearing to the applicant or licensee may deny, suspend, or
revoke a permit to establish a hospital or deny, suspend, or
revoke a license to open, conduct, operate, and maintain a

HB3711 - 22 - LRB104 09787 AAS 19853 b
hospital in any case in which he finds that there has been a
substantial failure to comply with the provisions of this Act,
the Hospital Report Card Act, or the Illinois Adverse Health
Care Events Reporting Law of 2005 or the standards, rules, and
regulations established by virtue of any of those Acts. The
Department may impose fines on hospitals, not to exceed $500
per occurrence, for failing to (1) initiate a criminal
background check on a patient that meets the criteria for
hospital-initiated background checks or (2) report the death
of a person known to be a resident of a facility licensed under
the ID/DD Community Care Act or the MC/DD Act to the coroner or
medical examiner within 24 hours as required by Section 6.09a
of this Act. In assessing whether to impose such a fine for
failure to initiate a criminal background check, the
Department shall consider various factors including, but not
limited to, whether the hospital has engaged in a pattern or
practice of failing to initiate criminal background checks.
Money from fines shall be deposited into the Long Term Care
Provider Fund.
(a-5) Failure to comply with subsection (a), (b), (c),
(d), (e), (f), (h), (j), or (k) of Section 9.6, subsection (h)
of Section 6.14, or Section 3.2 of the Criminal Identification
Act shall result in the following fines:
(1) $25,000 for the first violation;
(2) $50,000 for a second violation; and
(3) $75,000 for a third violation and every subsequent

HB3711 - 23 - LRB104 09787 AAS 19853 b
violation.
Money from fines imposed under this subsection (a-5)
relating to incidents involving sexual abuse or assault shall
be deposited into the Sexual Assault Survivors Fund, a special
fund that is created in the State treasury. All other fines
recovered relating to this subsection (a-5) shall be deposited
into the Hospital Licensure Fund.
The Department may adopt rules to further implement these
provisions, including the process and time frame for
submission and approval of a plan of correction. The
Department may conduct an investigation or inspection as
deemed necessary. The failure to submit an approved plan of
correction may result in the Department imposing a plan of
correction on the facility. The Department may conduct a visit
or request additional information to determine whether the
hospital is following the approved or imposed plan of
correction.
If the Department determines there is a violation of both
this Act and the Illinois Adverse Health Care Events Reporting
Law of 2005, the Department will only issue one fine under
subsection (a).
(a-5) If a hospital demonstrates a pattern or practice of
failing to substantially comply with the requirements of
Section 10.10 or the hospital's written staffing plan, the
hospital shall provide a plan of correction to the Department
within 60 days. The Department may impose fines as follows:

HB3711 - 24 - LRB104 09787 AAS 19853 b
(i) if a hospital fails to implement a written staffing plan
for nursing services, a fine not to exceed $500 per occurrence
may be imposed; (ii) if a hospital demonstrates a pattern or
practice of failing to substantially comply with a plan of
correction within 60 days after the plan takes effect, a fine
not to exceed $500 per occurrence may be imposed; and (iii) if
a hospital demonstrates for a second or subsequent time a
pattern or practice of failing to substantially comply with a
plan of correction within 60 days after the plan takes effect,
a fine not to exceed $1,000 per occurrence may be imposed.
Reports of violations of Section 10.10 shall be subject to
public disclosure under Section 6.14a. Money from fines within
this subsection (a-5) shall be deposited into the Hospital
Licensure Fund, and money from fines for violations of Section
10.10 shall be used for scholarships under the Nursing
Education Scholarship Law.
(b) Such notice shall be effected by registered mail or by
personal service setting forth the particular reasons for the
proposed action and fixing a date, not less than 15 days from
the date of such mailing or service, at which time the
applicant or licensee shall be given an opportunity for a
hearing. Such hearing shall be conducted by the Director or by
an employee of the Department designated in writing by the
Director as Hearing Officer to conduct the hearing. On the
basis of any such hearing, or upon default of the applicant or
licensee, the Director shall make a determination specifying

HB3711 - 25 - LRB104 09787 AAS 19853 b
his findings and conclusions. In case of a denial to an
applicant of a permit to establish a hospital, such
determination shall specify the subsection of Section 6 under
which the permit was denied and shall contain findings of fact
forming the basis of such denial. A copy of such determination
shall be sent by registered mail or served personally upon the
applicant or licensee. The decision denying, suspending, or
revoking a permit or a license shall become final 35 days after
it is so mailed or served, unless the applicant or licensee,
within such 35 day period, petitions for review pursuant to
Section 13.
(c) The procedure governing hearings authorized by this
Section shall be in accordance with rules promulgated by the
Department and approved by the Hospital Licensing Board. A
full and complete record shall be kept of all proceedings,
including the notice of hearing, complaint, and all other
documents in the nature of pleadings, written motions filed in
the proceedings, and the report and orders of the Director and
Hearing Officer. All testimony shall be reported but need not
be transcribed unless the decision is appealed pursuant to
Section 13. A copy or copies of the transcript may be obtained
by any interested party on payment of the cost of preparing
such copy or copies.
(d) The Director or Hearing Officer shall upon his own
motion, or on the written request of any party to the
proceeding, issue subpoenas requiring the attendance and the

HB3711 - 26 - LRB104 09787 AAS 19853 b
giving of testimony by witnesses, and subpoenas duces tecum
requiring the production of books, papers, records, or
memoranda. All subpoenas and subpoenas duces tecum issued
under the terms of this Act may be served by any person of full
age. The fees of witnesses for attendance and travel shall be
the same as the fees of witnesses before the Circuit Court of
this State, such fees to be paid when the witness is excused
from further attendance. When the witness is subpoenaed at the
instance of the Director, or Hearing Officer, such fees shall
be paid in the same manner as other expenses of the Department,
and when the witness is subpoenaed at the instance of any other
party to any such proceeding the Department may require that
the cost of service of the subpoena or subpoena duces tecum and
the fee of the witness be borne by the party at whose instance
the witness is summoned. In such case, the Department in its
discretion, may require a deposit to cover the cost of such
service and witness fees. A subpoena or subpoena duces tecum
issued as aforesaid shall be served in the same manner as a
subpoena issued out of a court.
(e) Any Circuit Court of this State upon the application
of the Director, or upon the application of any other party to
the proceeding, may, in its discretion, compel the attendance
of witnesses, the production of books, papers, records, or
memoranda and the giving of testimony before the Director or
Hearing Officer conducting an investigation or holding a
hearing authorized by this Act, by an attachment for contempt,

HB3711 - 27 - LRB104 09787 AAS 19853 b
or otherwise, in the same manner as production of evidence may
be compelled before the court.
(f) The Director or Hearing Officer, or any party in an
investigation or hearing before the Department, may cause the
depositions of witnesses within the State to be taken in the
manner prescribed by law for like depositions in civil actions
in courts of this State, and to that end compel the attendance
of witnesses and the production of books, papers, records, or
memoranda.
(Source: P.A. 102-641, eff. 8-27-21.)
(210 ILCS 85/9.6)
Sec. 9.6. Patient protection from abuse.
(a) No administrator, agent, or employee of a hospital or
a hospital affiliate, or a member of a hospital's medical
staff, may abuse a patient in the hospital or in a facility
operated by a hospital affiliate.
(b) Any hospital administrator, agent, employee, or
medical staff member, any hospital-affiliated clinic's
professional staff under the hospital's ownership or health
system, or an administrator, employee, or physician employed
by a hospital affiliate, who is made aware of allegations has
reasonable cause to believe that any patient with whom he or
she has direct contact has been subjected to abuse in the
hospital or hospital affiliate shall promptly report or cause
a report to be made to a designated hospital administrator

HB3711 - 28 - LRB104 09787 AAS 19853 b
responsible for providing such reports to the Department as
required by this Section.
(c) Retaliation against a person who lawfully and in good
faith makes a report under this Section is prohibited.
(d) Upon receiving a report under subsection (b) of this
Section, the hospital or hospital affiliate shall submit the
report to the Department within 24 hours of obtaining such
report. In the event that the hospital receives multiple
reports involving a single alleged instance of abuse, the
hospital shall submit one report to the Department.
(e) Upon receiving a report under this Section, the
hospital or hospital affiliate shall promptly conduct an
internal review to ensure the alleged victim's safety.
Measures to protect the alleged victim shall be taken as
deemed necessary by the hospital's administrator and may
include, but are not limited to, removing suspected violators
from further patient contact during the hospital's or hospital
affiliate's internal review. If the alleged victim lacks
decision-making capacity under the Health Care Surrogate Act
and no health care surrogate is available, the hospital or
hospital affiliate may contact the Illinois Guardianship and
Advocacy Commission to determine the need for a temporary
guardian of that person.
(f) All internal hospital and hospital affiliate reviews
shall be conducted by a designated employee or agent who is
qualified to detect abuse and is not involved in the alleged

HB3711 - 29 - LRB104 09787 AAS 19853 b
victim's treatment. All internal review findings must be
documented and filed according to hospital or hospital
affiliate procedures and shall be made available to the
Department upon request.
(g) Any other person may make a report of patient abuse to
the Department if that person has reasonable cause to believe
that a patient has been abused in the hospital or hospital
affiliate.
(h) The report required under this Section shall include:
the name of the patient; the name and address of the hospital
or hospital affiliate treating the patient; the age of the
patient; the nature of the patient's condition, including any
evidence of previous injuries or disabilities; and any other
information that the reporter believes might be helpful in
establishing the cause of the reported abuse and the identity
of the person believed to have caused the abuse.
(i) Except for willful or wanton misconduct, any
individual, person, institution, or agency participating in
good faith in the making of a report under this Section, or in
the investigation of such a report or in making a disclosure of
information concerning reports of abuse under this Section,
shall have immunity from any liability, whether civil,
professional, or criminal, that otherwise might result by
reason of such actions. For the purpose of any proceedings,
whether civil, professional, or criminal, the good faith of
any persons required to report cases of suspected abuse under

HB3711 - 30 - LRB104 09787 AAS 19853 b
this Section or who disclose information concerning reports of
abuse in compliance with this Section, shall be presumed.
(j) No administrator, agent, or employee of a hospital or
hospital affiliate shall adopt or employ practices or
procedures designed to discourage good faith reporting of
patient abuse under this Section.
(k) Every hospital and hospital affiliate shall ensure
that all new and existing employees are trained in the
detection and reporting of abuse of patients and retrained at
least every 2 years thereafter.
(l) The Department shall investigate each report of
patient abuse made under this Section according to the
procedures of the Department, except that a report of abuse
which indicates that a patient's life or safety is in imminent
danger shall be investigated within 24 hours of such report.
Under no circumstances may a hospital's or hospital
affiliate's internal review of an allegation of abuse replace
an investigation of the allegation by the Department.
(m) The Department shall keep a continuing record of all
reports made pursuant to this Section, including indications
of the final determination of any investigation and the final
disposition of all reports. The Department shall inform the
investigated hospital or hospital affiliate and any other
person making a report under subsection (g) of its final
determination or disposition in writing.
(n) The Department shall not disclose to the public any

HB3711 - 31 - LRB104 09787 AAS 19853 b
information regarding any reports and investigations under
this Section unless and until the report of abuse is
substantiated following a full and proper investigation.
(o) All patient identifiable information in any report or
investigation under this Section shall be confidential and
shall not be disclosed except as authorized by this Act or
other applicable law.
(p) Nothing in this Section relieves a hospital or
hospital affiliate administrator, employee, agent, or medical
staff member from contacting appropriate law enforcement
authorities as required by law.
(q) Nothing in this Section shall be construed to mean
that a patient is a victim of abuse because of health care
services provided or not provided by health care
professionals.
(r) Nothing in this Section shall require a hospital or
hospital affiliate, including its employees, agents, and
medical staff members, to provide any services to a patient in
contravention of his or her stated or implied objection
thereto upon grounds that such services conflict with his or
her religious beliefs or practices, nor shall such a patient
be considered abused under this Section for the exercise of
such beliefs or practices.
(s) The Department's implementation of this Section is
subject to appropriations to the Department for that purpose.
(t) As used in this Section, the following terms have the

HB3711 - 32 - LRB104 09787 AAS 19853 b
following meanings:
"Abuse" means any physical or mental injury or sexual
abuse intentionally inflicted by a hospital or hospital
affiliate employee, agent, or medical staff member on a
patient of the hospital or hospital affiliate and does not
include any hospital or hospital affiliate, medical, health
care, or other personal care services done in good faith in the
interest of the patient according to established medical and
clinical standards of care. "Abuse" includes, but is not
limited to, the following:
(1) causing bodily harm to a patient or making
physical contact of an insulting or provoking nature with
a patient or client knowingly and without clinical or
professional justification in the course of professional
service;
(2) causing death, great bodily harm, permanent
disability, or disfigurement of a patient, whether or not
in the course of professional service; and
(3) confining, detaining, or attempting to confine or
detain a patient against his or her will, whether or not in
the course of professional service.
"Hospital affiliate" has the meaning given to that term in
Section 10.8.
"Mental injury" means intentionally caused emotional
distress in a patient from words or gestures that would be
considered by a reasonable person to be humiliating,

HB3711 - 33 - LRB104 09787 AAS 19853 b
harassing, or threatening and which causes observable and
substantial impairment.
"Sexual abuse" means any intentional act of sexual contact
or sexual penetration of a patient in the hospital or any
instance of sexual misconduct.
"Sexual misconduct" means behavior, gestures, verbal
comments, or expressions that are sexually suggestive,
disrespectful of patient privacy, or sexually demeaning to a
patient that may include, but are not limited to, the
following:
(1) genital to genital contact, oral to genital
contact, genital to anal contact, or oral to anal contact;
(2) kissing in a romantic or sexual manner;
(3) touching the genitals, anus, breast, or any other
sexualized body part for any purpose other than
appropriate clinical examination or professional service;
(4) touching the genitals, anus, breast, or any other
sexualized body part after the patient or client has
refused or has withdrawn consent for such touching;
(5) encouraging the patient or client to masturbate in
the presence of the professional or masturbation by the
professional while the patient or client is present;
(6) encouraging the patient or client to engage in a
sexual act with another person in the presence of the
professional; or
(7) offering to provide professional services to a

HB3711 - 34 - LRB104 09787 AAS 19853 b
patient or client in exchange for sexual favors;
(8) engaging in behavior, gestures, or expressions
that are seductive, sexually suggestive, disrespectful of
patient or client privacy, or sexually demeaning to a
patient or client in the course of professional service,
including, but not limited to, the following:
(i) neglecting to employ disrobing or draping
practices respecting the patient's or client's
privacy, or deliberately watching a patient or client
dress or undress,
(ii) subjecting a patient or client to an intimate
examination in the presence of students or other
persons not delivering professional services without
the patient's or client's informed consent or in the
event such informed consent has been withdrawn,
(iii) examination or touching of a patient's or
client's genital mucosal areas without the use of
gloves,
(iv) making sexualized or sexually demeaning
comments to a patient or client, making inappropriate
comments about potential sexual performance,
criticizing the patient or client's sexual
orientation, or making sexual or seductive comments
about a patient's or client's body or underclothing,
(v) using the professional-patient or
professional-client relationship to solicit a romantic

HB3711 - 35 - LRB104 09787 AAS 19853 b
or sexual relationship,
(vi) initiating a conversation regarding the
professional's sexual problems, preferences, or
fantasies,
(vii) performing an intimate examination or
service without clinical or other professional
justification,
(viii) performing an intimate examination or
service without explaining to the patient or client
the need for such examination or service even when the
examination or service is pertinent to the issue of
sexual function or dysfunction,
(ix) capturing an image of a patient's or client's
genital, anus, breast, or sexualized body part, or
transmitting such image to oneself or to another, when
such capturing or transmitting is not clinically or
professionally justified, or
(x) requesting details of sexual history or sexual
likes or dislikes when not clinically or
professionally justified;
(9) making physical contact of a sexual or seductive
nature, or attempting to make such contact, with an
individual who does not consent to the contact or who is
incapable of consenting to such contact, regardless of
whether the conduct is in the course of a professional
service;

HB3711 - 36 - LRB104 09787 AAS 19853 b
(10) engaging in an act or displaying an image of a
sexual or seductive nature, or attempting to engage in an
act or display an image of a sexual or seductive nature,
knowingly in view of an individual who does not consent to
view the act or image or who is incapable of consenting to
such viewing, regardless of whether the conduct is in the
course of a professional service;
(11) communicating an image of the genitals, anus,
breast, or sexualized body part of an individual when the
individual or the recipient of the communication does not
consent to the communication, regardless of whether the
conduct is in the course of a professional service.
"Substantiated", with respect to a report of abuse, means
that a preponderance of the evidence indicates that abuse
occurred.
(Source: P.A. 103-803, eff. 1-1-25.)
Section 20. The Acupuncture Practice Act is amended by
changing Section 110 as follows:
(225 ILCS 2/110)
(Section scheduled to be repealed on January 1, 2028)
Sec. 110. Grounds for disciplinary action.
(a) The Department may refuse to issue or to renew, place
on probation, suspend, revoke or take other disciplinary or
non-disciplinary action as deemed appropriate including the

HB3711 - 37 - LRB104 09787 AAS 19853 b
imposition of fines not to exceed $10,000 for each violation,
as the Department may deem proper, with regard to a license for
any one or combination of the following causes:
(1) Violations of this Act or its rules.
(2) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or
sentencing, including, but not limited to, convictions,
preceding sentences of supervision, conditional discharge,
or first offender probation, under the laws of any
jurisdiction of the United States that is (i) a felony or
(ii) a misdemeanor, an essential element of which is
dishonesty or that is directly related to the practice of
the profession.
(3) Making any misrepresentation for the purpose of
obtaining a license.
(4) Aiding or assisting another person in violating
any provision of this Act or its rules.
(5) Failing to provide information within 60 days in
response to a written request made by the Department which
has been sent by certified or registered mail to the
licensee's address of record or by email to the licensee's
email address of record.
(6) 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 one set forth
in this Section.

HB3711 - 38 - LRB104 09787 AAS 19853 b
(7) Solicitation of professional services by means
other than permitted under this Act.
(8) Failure to provide a patient with a copy of his or
her record upon the written request of the patient.
(9) Gross negligence in the practice of acupuncture.
(10) Habitual or excessive use or addiction to
alcohol, narcotics, stimulants, or any other chemical
agent or drug that results in an acupuncturist's inability
to practice with reasonable judgment, skill, or safety.
(11) A finding that licensure has been applied for or
obtained by fraudulent means.
(12) A pattern of practice or other behavior that
demonstrates incapacity or incompetence to practice under
this Act.
(13) 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.
(14) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(15) The use of any words, abbreviations, figures or
letters (such as "Acupuncturist", "Licensed

HB3711 - 39 - LRB104 09787 AAS 19853 b
Acupuncturist", "Certified Acupuncturist", "Doctor of
Acupuncture and Chinese Medicine", "Doctor of Acupuncture
and Oriental Medicine", "Doctor of Acupuncture", "Oriental
Medicine Practitioner", "Licensed Oriental Medicine
Practitioner", "Oriental Medicine Doctor", "Licensed
Oriental Medicine Doctor", "C.A.", "Act.", "Lic. Act.",
"Lic. Ac.", "D.Ac.", "DACM", "DAOM", or "O.M.D.") or any
designation used by the Accreditation Commission for
Acupuncture and Oriental Medicine with the intention of
indicating practice as a licensed acupuncturist without a
valid license as an acupuncturist issued under this Act.
When the name of the licensed acupuncturist is used
professionally in oral, written, or printed announcements,
professional cards, or publications for the information of
the public, the degree title or degree abbreviation shall
be added immediately following title and name. When the
announcement, professional card, or publication is in
writing or in print, the explanatory addition 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 "acupuncturist", either directly
or indirectly, in connection with his or her profession or
business.
(16) Using claims of superior quality of care to
entice the public or advertising fee comparisons of

HB3711 - 40 - LRB104 09787 AAS 19853 b
available services with those of other persons providing
acupuncture services.
(17) Advertising of professional services that the
offeror of the services is not licensed to render.
Advertising of professional services that contains false,
fraudulent, deceptive, or misleading material or
guarantees of success, statements that play upon the
vanity or fears of the public, or statements that promote
or produce unfair competition.
(18) Having treated ailments other than by the
practice of acupuncture as defined in this Act, or having
treated ailments of as a licensed acupuncturist pursuant
to a referral by written order that provides for
management of the patient by a physician or dentist
without having notified the physician or dentist who
established the diagnosis that the patient is receiving
acupuncture treatments.
(19) Unethical, unauthorized, or unprofessional
conduct as defined by rule.
(20) Physical illness, mental illness, or other
impairment that results in the inability to practice the
profession with reasonable judgment, skill, and safety,
including, without limitation, deterioration through the
aging process, mental illness, or disability.
(21) Violation of the Health Care Worker Self-Referral
Act.

HB3711 - 41 - LRB104 09787 AAS 19853 b
(22) Failure to refer a patient whose condition
should, at the time of evaluation or treatment, be
determined to be beyond the scope of practice of the
acupuncturist to a licensed physician or dentist.
(23) Holding himself or herself out as being trained
in Chinese herbology without being able to provide the
Department with proof of status as a Diplomate of Oriental
Medicine certified by the National Certification
Commission for Acupuncture and Oriental Medicine or a
substantially equivalent status approved by the Department
or proof that he or she has successfully completed the
National Certification Commission for Acupuncture and
Oriental Medicine Chinese Herbology Examination or a
substantially equivalent examination approved by the
Department.
(24) Failure to report actual or alleged reportable
misconduct or an investigation related to actual or
alleged reportable misconduct in accordance with Section
2105-390 of the Department of Professional Regulation Law
of the Civil Administrative Code of Illinois.
The entry of an order by a circuit court establishing that
any person holding a license under this Act is subject to
involuntary admission or judicial admission as provided for in
the Mental Health and Developmental Disabilities Code operates
as an automatic suspension of that license. That person may
have his or her license restored only upon the determination

HB3711 - 42 - LRB104 09787 AAS 19853 b
by a circuit 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 and upon the
Board's recommendation to the Department that the license be
restored. Where the circumstances so indicate, the Board may
recommend to the Department that it require an examination
prior to restoring a suspended license.
The Department may refuse to issue or renew the license of
any person who fails to (i) file a return or to pay the tax,
penalty or interest shown in a filed return or (ii) pay any
final assessment of the tax, penalty, or interest as required
by any tax Act administered by the Illinois Department of
Revenue, until the time that the requirements of that tax Act
are satisfied.
In enforcing this Section, the Department upon a showing
of a possible violation may compel an individual licensed to
practice under this Act, or who has applied for licensure
under this Act, to submit to a mental or physical examination,
or both, as required by and at the expense of the Department.
The Department may order the examining physician to present
testimony concerning the mental or physical examination of the
licensee or applicant. No information shall be excluded by
reason of any common law or statutory privilege relating to
communications between the licensee or applicant and the
examining physician. The examining physicians shall be
specifically designated by the Department. The individual to

HB3711 - 43 - LRB104 09787 AAS 19853 b
be examined may have, at his or her own expense, another
physician of his or her choice present during all aspects of
this examination. Failure of an individual to submit to a
mental or physical examination, when directed, shall be
grounds for suspension of his or her license until the
individual submits to the examination if the Department finds,
after notice and hearing, that the refusal to submit to the
examination was without reasonable cause.
If the Department finds an individual unable to practice
because of the reasons set forth in this Section, the
Department may require that individual to submit to care,
counseling, or treatment by physicians approved or designated
by the Department, as a condition, term, or restriction for
continued, restored, or renewed licensure to practice; or, in
lieu of care, counseling, or treatment, the Department may
file a complaint to immediately suspend, revoke, or otherwise
discipline the license of the individual. An individual whose
license was granted, continued, restored, renewed, disciplined
or supervised subject to such terms, conditions, or
restrictions, and who fails to comply with such terms,
conditions, or restrictions, shall be referred to the
Secretary for a determination as to whether the individual
shall have his or her license suspended immediately, pending a
hearing by the Department.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that

HB3711 - 44 - LRB104 09787 AAS 19853 b
person's license must be convened by the Department within 30
days after the suspension and completed without appreciable
delay. The Department and Board shall have the authority to
review the subject individual's record of treatment and
counseling regarding the impairment to the extent permitted by
applicable federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this 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.
(Source: P.A. 100-375, eff. 8-25-17; 101-201, eff. 1-1-20.)
Section 25. The Illinois Athletic Trainers Practice Act is
amended by changing Section 16 as follows:
(225 ILCS 5/16) (from Ch. 111, par. 7616)
(Section scheduled to be repealed on January 1, 2026)
Sec. 16. Grounds for discipline.
(1) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary action as the Department may deem proper,
including fines not to exceed $10,000 for each violation, with
regard to any licensee for any one or combination of the
following:

HB3711 - 45 - LRB104 09787 AAS 19853 b
(A) Material misstatement in furnishing information to
the Department;
(B) Violations of this Act, or of the rules or
regulations promulgated hereunder;
(C) Conviction of or plea of guilty to any crime under
the Criminal Code of 2012 or the laws of any jurisdiction
of the United States that is (i) a felony, (ii) a
misdemeanor, an essential element of which is dishonesty,
or (iii) of any crime that is directly related to the
practice of the profession;
(D) 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;
(E) Professional incompetence or gross negligence;
(F) Malpractice;
(G) Aiding or assisting another person, firm,
partnership, or corporation in violating any provision of
this Act or rules;
(H) Failing, within 60 days, to provide information in
response to a written request made by the Department;
(I) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud or harm the public;
(J) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, alcohol, or any
other substance that results in the inability to practice

HB3711 - 46 - LRB104 09787 AAS 19853 b
with reasonable judgment, skill, or safety;
(K) Discipline by another state, unit of government,
government agency, the District of Columbia, territory, or
foreign nation, if at least one of the grounds for the
discipline is the same or substantially equivalent to
those set forth herein;
(L) Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership, or association
any fee, commission, rebate, or other form of compensation
for any professional services not actually or personally
rendered. Nothing in this subparagraph (L) 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
subparagraph (L) shall be construed to require an
employment arrangement to receive professional fees for
services rendered;
(M) A finding by the Department that the licensee
after having his or her license disciplined has violated
the terms of probation;
(N) Abandonment of an athlete;

HB3711 - 47 - LRB104 09787 AAS 19853 b
(O) Willfully making or filing false records or
reports in his or her practice, including but not limited
to false records filed with State agencies or departments;
(P) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act;
(Q) Physical illness, 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;
(R) Solicitation of professional services other than
by permitted institutional policy;
(S) The use of any words, abbreviations, figures or
letters with the intention of indicating practice as an
athletic trainer without a valid license as an athletic
trainer under this Act;
(T) The evaluation or treatment of ailments of human
beings other than by the practice of athletic training as
defined in this Act or the treatment of injuries of
athletes by a licensed athletic trainer except by the
referral of a physician, physician assistant, advanced
practice registered nurse, podiatric physician, or
dentist;
(U) Willfully violating or knowingly assisting in the
violation of any law of this State relating to the use of
habit-forming drugs;

HB3711 - 48 - LRB104 09787 AAS 19853 b
(V) Willfully violating or knowingly assisting in the
violation of any law of this State relating to the
practice of abortion;
(W) Continued practice by a person knowingly having an
infectious communicable or contagious disease;
(X) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
pursuant to 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;
(X-5) Failure to provide a monthly report on the
patient's progress to the referring physician, physician
assistant, advanced practice registered nurse, podiatric
physician, or dentist;
(Y) (Blank);
(Z) Failure to fulfill continuing education
requirements;
(AA) Allowing one's license under this Act to be used
by an unlicensed person in violation of this Act;
(BB) Practicing under a false or, except as provided
by law, assumed name;
(CC) Promotion of the sale of drugs, devices,
appliances, or goods provided in any manner to exploit the
client for the financial gain of the licensee;

HB3711 - 49 - LRB104 09787 AAS 19853 b
(DD) Gross, willful, or continued overcharging for
professional services;
(EE) Mental illness or disability that results in the
inability to practice under this Act with reasonable
judgment, skill, or safety;
(FF) Cheating on or attempting to subvert the
licensing examination administered under this Act;
(GG) Violation of the Health Care Worker Self-Referral
Act; or
(HH) Failure by a supervising athletic trainer of an
aide to maintain contact, including personal supervision
and instruction, to ensure the safety and welfare of an
athlete; or .
(II) Failure to report actual or alleged reportable
misconduct or an investigation related to actual or
alleged reportable misconduct in accordance with Section
2105-390 of the Department of Professional Regulation Law
of the Civil Administrative Code of Illinois.
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.
(2) 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. Such suspension will

HB3711 - 50 - LRB104 09787 AAS 19853 b
end only upon a finding by a court that the licensee is no
longer subject to involuntary admission or judicial admission
and issuance of an order so finding and discharging the
licensee.
(3) The Department may refuse to issue or may suspend
without hearing, as provided for in the Code of Civil
Procedure, the license of any person who fails to file a
return, 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 in accordance
with subsection (a) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code
of Illinois.
(4) In enforcing this Section, the Department, upon a
showing of a possible violation, may compel any individual who
is licensed under this Act or any individual who has applied
for licensure to submit to a mental or physical examination or
evaluation, or both, which may include a substance abuse or
sexual offender evaluation, at the expense of the Department.
The Department shall specifically designate the examining
physician licensed to practice medicine in all of its branches
or, if applicable, the multidisciplinary team involved in
providing the mental or physical examination and evaluation.
The multidisciplinary team shall be led by a physician

HB3711 - 51 - LRB104 09787 AAS 19853 b
licensed to practice medicine in all of its branches and may
consist of one or more or a combination of physicians licensed
to practice medicine in all of its branches, licensed
chiropractic physicians, licensed clinical psychologists,
licensed clinical social workers, licensed clinical
professional counselors, and other professional and
administrative staff. Any examining physician or member of the
multidisciplinary team may require any person ordered to
submit to an examination and evaluation pursuant to this
Section to submit to any additional supplemental testing
deemed necessary to complete any examination or evaluation
process, including, but not limited to, blood testing,
urinalysis, psychological testing, or neuropsychological
testing.
The 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 this examination and
evaluation of the licensee 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

HB3711 - 52 - LRB104 09787 AAS 19853 b
common law or statutory privilege relating to communication
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 the examination.
Failure of any individual to submit to a mental or
physical examination or 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
Department finds a licensee unable to practice because of the
reasons set forth in this Section, the Department shall
require the licensee to submit to care, counseling, or
treatment by physicians approved or designated by the
Department as a condition for continued, reinstated, or
renewed licensure.
When the Secretary immediately suspends a license under
this Section, a hearing upon such 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 licensee's record of

HB3711 - 53 - LRB104 09787 AAS 19853 b
treatment and counseling regarding the impairment to the
extent permitted by applicable federal statutes and
regulations safeguarding the confidentiality of medical
records.
Individuals licensed under this Act who are affected under
this Section shall be afforded an opportunity to demonstrate
to the Department that they can resume practice in compliance
with acceptable and prevailing standards under the provisions
of their license.
(5) (Blank).
(6) 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 paragraph
(5) of subsection (a) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code
of Illinois.
(Source: P.A. 102-940, eff. 1-1-23.)
Section 30. The Behavior Analyst Licensing Act is amended
by changing Section 60 as follows:

HB3711 - 54 - LRB104 09787 AAS 19853 b
(225 ILCS 6/60)
(Section scheduled to be repealed on January 1, 2028)
Sec. 60. Grounds for disciplinary action.
(a) The Department may refuse to issue or renew a license,
or may suspend, revoke, place on probation, reprimand, or take
any other disciplinary or nondisciplinary action deemed
appropriate by the Department, including the imposition of
fines not to exceed $10,000 for each violation, with regard to
any license issued under the provisions of this Act for any one
or a combination of the following grounds:
(1) material misstatements in furnishing information
to the Department or to any other State agency or in
furnishing information to any insurance company with
respect to a claim on behalf of a licensee or a patient;
(2) violations or negligent or intentional disregard
of this Act or its rules;
(3) conviction of or entry of 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 that is
(i) a felony or (ii) a misdemeanor, an essential element
of which is dishonesty, or that is directly related to the
practice of behavior analysis;

HB3711 - 55 - LRB104 09787 AAS 19853 b
(4) fraud or misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal or restoration of a license under
this Act;
(5) professional incompetence;
(6) gross negligence in practice under this Act;
(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 as defined by the rules of the
Department or violating the rules of professional conduct
adopted by the Department;
(10) habitual or excessive use or abuse of drugs
defined in law as controlled substances, of alcohol, or of
any other substances that results in the inability to
practice with reasonable judgment, skill, or safety;
(11) adverse action taken by another state or
jurisdiction if at least one of the grounds for the
discipline is the same or substantially equivalent to
those set forth in this Section;
(12) directly or indirectly giving to or receiving
from any person, firm, corporation, partnership, or
association any fee, commission, rebate, or other form of

HB3711 - 56 - LRB104 09787 AAS 19853 b
compensation for any professional service not actually
rendered; nothing in this paragraph 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 shall be construed to
require an employment arrangement to receive professional
fees for services rendered;
(13) a finding by the Department that the licensee,
after having the license placed on probationary status,
has violated the terms of probation or failed to comply
with those terms;
(14) abandonment, without cause, of a client;
(15) willfully making or filing false records or
reports relating to a licensee's practice, including, but
not limited to, false records filed with federal or State
agencies or departments;
(16) willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act;
(17) being named as a perpetrator in an indicated
report by the Department of Children and Family Services

HB3711 - 57 - LRB104 09787 AAS 19853 b
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act;
(18) physical illness, mental illness, or any other
impairment or disability, including, but not limited to,
deterioration through the aging process, or loss of motor
skills that results in the inability to practice the
profession with reasonable judgment, skill, or safety;
(19) solicitation of professional services by using
false or misleading advertising;
(20) violation of the Health Care Worker Self-Referral
Act;
(21) willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act; or
(22) being named as an abuser in a verified report by
the Department on Aging under the Adult Protective
Services Act, and upon proof by clear and convincing
evidence that the licensee abused, neglected, or
financially exploited an eligible adult as defined in the
Adult Protective Services Act; or .
(23) failure to report actual or alleged reportable
misconduct or an investigation related to actual or

HB3711 - 58 - LRB104 09787 AAS 19853 b
alleged reportable misconduct in accordance with Section
2105-390 of the Department of Professional Regulation Law
of the Civil Administrative Code of Illinois.
(b) The determination by a court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code shall result in an automatic suspension of the licensee's
license. The suspension shall end upon a finding by a court
that the licensee is no longer subject to involuntary
admission or judicial admission and issues an order so finding
and discharging the patient, and upon the recommendation of
the Board to the Secretary that the licensee be allowed to
resume professional practice.
(c) The Department shall refuse to issue or renew or may
suspend the license of a person who (i) fails to file a tax
return, pay the tax, penalty, or interest shown in a filed tax
return, or pay any final assessment of tax, penalty, or
interest, as required by any tax Act administered by the
Department of Revenue, until the requirements of the tax Act
are satisfied or (ii) has failed to pay any court-ordered
child support as determined by a court order or by referral
from the Department of Healthcare and Family Services.
(c-1) The Department shall not revoke, suspend, place on
probation, reprimand, refuse to issue or renew, or take any
other disciplinary or non-disciplinary action against the
license or permit issued under this Act based solely upon the

HB3711 - 59 - LRB104 09787 AAS 19853 b
licensed behavior analyst recommending, aiding, assisting,
referring for, or participating in any health care service, so
long as the care was not unlawful under the laws of this State,
regardless of whether the patient was a resident of this State
or another state.
(c-2) The Department shall not revoke, suspend, place on
prohibition, reprimand, refuse to issue or renew, or take any
other disciplinary or non-disciplinary action against the
license or permit issued under this Act to practice as a
licensed behavior analyst based upon the licensed behavior
analyst's license being revoked or suspended, or the licensed
behavior analyst being otherwise disciplined by any other
state, if that revocation, suspension, or other form of
discipline was based solely on the licensed behavior analyst
violating another state's laws prohibiting the provision of,
authorization of, recommendation of, aiding or assisting in,
referring for, or participation in any health care service if
that health care service as provided would not have been
unlawful under the laws of this State and is consistent with
the standards of conduct for a licensed behavior analyst
practicing in Illinois.
(c-3) The conduct specified in subsections (c-1) and (c-2)
shall not constitute grounds for suspension under Section 125.
(c-4) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary

HB3711 - 60 - LRB104 09787 AAS 19853 b
action against the license or permit issued under this Act to
practice as a licensed behavior analyst based solely upon the
license of a licensed behavior analyst being revoked or the
licensed behavior analyst being otherwise disciplined by any
other state or territory other than Illinois for the referral
for or having otherwise participated in any health care
service, if the revocation or disciplinary action was based
solely on a violation of the other state's law prohibiting
such health care services in the state, for a resident of the
state, or in any other state.
(d) In enforcing this Section, the Department, upon a
showing of a possible violation, may compel a person licensed
to practice under this Act, or who has applied for licensure
under this Act, to submit to a mental or physical examination,
or both, which may include a substance abuse or sexual
offender evaluation, as required by and at the expense of the
Department.
(1) The Department shall specifically designate the
examining physician licensed to practice medicine in all
of its branches or, if applicable, the multidisciplinary
team involved in providing the mental or physical
examination or both. The multidisciplinary team shall be
led by a physician licensed to practice medicine in all of
its branches and may consist of one or more or a
combination of physicians licensed to practice medicine in
all of its branches, licensed clinical psychologists,

HB3711 - 61 - LRB104 09787 AAS 19853 b
licensed clinical professional counselors, and other
professional and administrative staff. Any examining
physician or member of the multidisciplinary team may
require any person ordered to submit to an examination
pursuant to this Section to submit to any additional
supplemental testing deemed necessary to complete any
examination or evaluation process, including, but not
limited to, blood testing, urinalysis, psychological
testing, or neuropsychological testing.
(2) The Department may order the examining physician
or any member of the multidisciplinary team to present
testimony concerning this mental or physical examination
of the licensee or applicant. No information, report,
record, or other documents in any way related to the
examination shall be excluded by reason of any common law
or statutory privilege relating to communications between
the licensee or applicant and the examining physician or
any member of the multidisciplinary team. No authorization
is necessary from the licensee or applicant ordered to
undergo an examination for the examining physician or any
member of the multidisciplinary team to provide
information, reports, records, or other documents or to
provide any testimony regarding the examination and
evaluation.
(3) The person to be examined may have, at the
person's own expense, another physician of the person's

HB3711 - 62 - LRB104 09787 AAS 19853 b
choice present during all aspects of the examination.
However, that physician shall be present only to observe
and may not interfere in any way with the examination.
(4) The failure of any person to submit to a mental or
physical examination without reasonable cause, when
ordered, shall result in an automatic suspension of the
person's license until the person submits to the
examination.
(e) If the Department finds a person unable to practice
because of the reasons set forth in this Section, the
Department or Board may require that person to submit to care,
counseling, or treatment by physicians approved or designated
by the Department or Board, as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice; or, in lieu of care, counseling, or treatment, the
Department may file, or the Board may recommend to the
Department to file, a complaint to immediately suspend,
revoke, or otherwise discipline the license of the person. Any
person whose license was granted, continued, reinstated,
renewed, disciplined, or supervised subject to the terms,
conditions, or restrictions, and who fails to comply with the
terms, conditions, or restrictions, shall be referred to the
Secretary for a determination as to whether the person shall
have the person's license suspended immediately, pending a
hearing by the Department.
(f) All fines imposed shall be paid within 60 days after

HB3711 - 63 - LRB104 09787 AAS 19853 b
the effective date of the order imposing the fine or in
accordance with the terms set forth in the order imposing the
fine.
If the Secretary immediately suspends a person's license
under this subsection, a hearing on that person's license must
be convened by the Department within 30 days after the
suspension and completed without appreciable delay. The
Department and Board shall have the authority to review the
subject person'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.
A person licensed under this Act and affected under this
Section shall be afforded an opportunity to demonstrate to the
Department or Board that the person can resume practice in
compliance with acceptable and prevailing standards under the
provisions of the person's license.
(g) The Department may adopt rules to implement,
administer, and enforce this Section the changes made by this
amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-953, eff. 5-27-22; 102-1117, eff. 1-13-23.)
Section 35. The Clinical Psychologist Licensing Act is
amended by changing Section 15 as follows:
(225 ILCS 15/15) (from Ch. 111, par. 5365)

HB3711 - 64 - LRB104 09787 AAS 19853 b
(Section scheduled to be repealed on January 1, 2027)
Sec. 15. Disciplinary action; grounds.
(a) The Department may refuse to issue, refuse to renew,
suspend, or revoke any license, or may place on probation,
reprimand, or take other disciplinary or non-disciplinary
action deemed appropriate by the Department, including the
imposition of fines not to exceed $10,000 for each violation,
with regard to any license issued under the provisions of this
Act for any one or a combination of the following reasons:
(1) Conviction of, or entry of a plea of guilty or nolo
contendere to, any crime that is a felony under the laws of
the United States or any state or territory thereof or
that is a misdemeanor of which an essential element is
dishonesty, or any crime that is directly related to the
practice of the profession.
(2) Gross negligence in the rendering of clinical
psychological services.
(3) Using fraud or making any misrepresentation in
applying for a license or in passing the examination
provided for in this Act.
(4) Aiding or abetting or conspiring to aid or abet a
person, not a clinical psychologist licensed under this
Act, in representing himself or herself as so licensed or
in applying for a license under this Act.
(5) Violation of any provision of this Act or the
rules promulgated thereunder.

HB3711 - 65 - LRB104 09787 AAS 19853 b
(6) Professional connection or association with any
person, firm, association, partnership or corporation
holding himself, herself, themselves, or itself out in any
manner contrary to this Act.
(7) Unethical, unauthorized or unprofessional conduct
as defined by rule. In establishing those rules, the
Department shall consider, though is not bound by, the
ethical standards for psychologists promulgated by
recognized national psychology associations.
(8) Aiding or assisting another person in violating
any provisions of this Act or the rules promulgated
thereunder.
(9) Failing to provide, within 60 days, information in
response to a written request made by the Department.
(10) Habitual or excessive use or addiction to
alcohol, narcotics, stimulants, or any other chemical
agent or drug that results in a clinical psychologist's
inability to practice with reasonable judgment, skill or
safety.
(11) Discipline by another state, territory, the
District of Columbia or foreign country, if at least one
of the grounds for the discipline is the same or
substantially equivalent to those set forth herein.
(12) Directly or indirectly giving or receiving from
any person, firm, corporation, association or partnership
any fee, commission, rebate, or other form of compensation

HB3711 - 66 - LRB104 09787 AAS 19853 b
for any professional service not actually or personally
rendered. 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) A finding that the licensee, after having his or
her license placed on probationary status, has violated
the terms of probation.
(14) Willfully making or filing false records or
reports, including but not limited to, false records or
reports filed with State agencies or departments.
(15) Physical illness, including but not limited to,
deterioration through the aging process, mental illness or
disability that results in the inability to practice the
profession with reasonable judgment, skill and safety.
(16) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(17) Being named as a perpetrator in an indicated

HB3711 - 67 - LRB104 09787 AAS 19853 b
report by the Department of Children and Family Services
pursuant to the Abused and Neglected Child Reporting Act,
and upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(18) Violation of the Health Care Worker Self-Referral
Act.
(19) Making a material misstatement in furnishing
information to the Department, any other State or federal
agency, or any other entity.
(20) Failing to report to the Department any adverse
judgment, settlement, or award arising from a liability
claim related to an act or conduct similar to an act or
conduct that would constitute grounds for action as set
forth in this Section.
(21) Failing to report to the Department any adverse
final action taken against a licensee or applicant by
another licensing jurisdiction, including any other state
or territory of the United States or any foreign state or
country, or any peer review body, health care institution,
professional society or association related to the
profession, governmental agency, law enforcement agency,
or court for an act or conduct similar to an act or conduct
that would constitute grounds for disciplinary action as
set forth in this Section.

HB3711 - 68 - LRB104 09787 AAS 19853 b
(22) Prescribing, selling, administering,
distributing, giving, or self-administering (A) any drug
classified as a controlled substance (designated product)
for other than medically accepted therapeutic purposes or
(B) any narcotic drug.
(23) Violating state or federal laws or regulations
relating to controlled substances, legend drugs, or
ephedra as defined in the Ephedra Prohibition Act.
(24) Exceeding the terms of a collaborative agreement
or the prescriptive authority delegated to a licensee by
his or her collaborating physician or established under a
written collaborative agreement.
(25) Failure to report actual or alleged reportable
misconduct or an investigation related to actual or
alleged reportable misconduct in accordance with Section
2105-390 of the Department of Professional Regulation Law
of the Civil Administrative Code of Illinois.
The entry of an order by any circuit court establishing
that any person holding a license under this Act is subject to
involuntary admission or judicial admission as provided for in
the Mental Health and Developmental Disabilities Code,
operates as an automatic suspension of that license. That
person may have his or her license restored only upon the
determination by a circuit 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

HB3711 - 69 - LRB104 09787 AAS 19853 b
and upon the Board's recommendation to the Department that the
license be restored. Where the circumstances so indicate, the
Board may recommend to the Department that it require an
examination prior to restoring any license so automatically
suspended.
The Department shall refuse to issue or suspend the
license of any person who fails to file a return, or to pay the
tax, penalty or interest shown in a filed return, or to pay any
final assessment of the tax penalty or interest, as required
by any tax Act administered by the Illinois Department of
Revenue, until such time as the requirements of any such tax
Act are satisfied.
In enforcing this Section, the Department or Board upon a
showing of a possible violation may compel any person licensed
to practice under this Act, or who has applied for licensure or
certification pursuant to this Act, to submit to a mental or
physical examination, or both, as required by and at the
expense of the Department. The examining physicians or
clinical psychologists shall be those specifically designated
by the Department. The Board or the Department may order the
examining physician or clinical psychologist to present
testimony concerning this mental or physical examination of
the licensee or applicant. No information shall be excluded by
reason of any common law or statutory privilege relating to
communications between the licensee or applicant and the
examining physician or clinical psychologist. The person to be

HB3711 - 70 - LRB104 09787 AAS 19853 b
examined may have, at his or her own expense, another
physician or clinical psychologist of his or her choice
present during all aspects of the examination. Failure of any
person to submit to a mental or physical examination, when
directed, shall be grounds for suspension of a license until
the person submits to the examination if the Department or
Board finds, after notice and hearing, that the refusal to
submit to the examination was without reasonable cause.
If the Department or Board finds a person unable to
practice because of the reasons set forth in this Section, the
Department or Board may require that person to submit to care,
counseling or treatment by physicians or clinical
psychologists approved or designated by the Department, as a
condition, term, or restriction for continued, reinstated, or
renewed licensure to practice; or, in lieu of care, counseling
or treatment, the Board may recommend to the Department to
file or the Department may file a complaint to immediately
suspend, revoke or otherwise discipline the license of the
person. Any person whose license was granted, continued,
reinstated, renewed, disciplined or supervised subject to such
terms, conditions or restrictions, and who fails to comply
with such terms, conditions or restrictions, shall be referred
to the Secretary for a determination as to whether the person
shall have his or her license suspended immediately, pending a
hearing by the Board.
In instances in which the Secretary immediately suspends a

HB3711 - 71 - LRB104 09787 AAS 19853 b
person's license under this Section, a hearing on that
person's license must be convened by the Board within 15 days
after the suspension and completed without appreciable delay.
The Board shall have the authority to review the subject
person'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.
A person licensed under this Act and affected under this
Section shall be afforded an opportunity to demonstrate to the
Board that he or she can resume practice in compliance with
acceptable and prevailing standards under the provisions of
his or her license.
(b) The Department shall not revoke, suspend, place on
probation, reprimand, refuse to issue or renew, or take any
other disciplinary or non-disciplinary action against the
license or permit issued under this Act based solely upon the
licensed clinical psychologist recommending, aiding,
assisting, referring for, or participating in any health care
service, so long as the care was not unlawful under the laws of
this State, regardless of whether the patient was a resident
of this State or another state.
(c) The Department shall not revoke, suspend, place on
prohibition, reprimand, refuse to issue or renew, or take any
other disciplinary or non-disciplinary action against the
license or permit issued under this Act to practice as a

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licensed clinical psychologist based upon the licensed
clinical psychologist's license being revoked or suspended, or
the licensed clinical psychologist being otherwise disciplined
by any other state, if that revocation, suspension, or other
form of discipline was based solely on the licensed clinical
psychologist violating another state's laws prohibiting the
provision of, authorization of, recommendation of, aiding or
assisting in, referring for, or participation in any health
care service if that health care service as provided would not
have been unlawful under the laws of this State and is
consistent with the standards of conduct for a licensed
clinical psychologist practicing in Illinois.
(d) The conduct specified in subsections (b) and (c) shall
not constitute grounds for suspension under Section 21.6.
(e) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a licensed clinical psychologist based solely upon
the license of a licensed clinical psychologist being revoked
or the licensed clinical psychologist being otherwise
disciplined by any other state or territory other than
Illinois for the referral for or having otherwise participated
in any health care service, if the revocation or disciplinary
action was based solely on a violation of the other state's law
prohibiting such health care services in the state, for a

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resident of the state, or in any other state.
(f) The Department may adopt rules to implement,
administer, and enforce this Section the changes made by this
amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-1117, eff. 1-13-23.)
Section 40. The Clinical Social Work and Social Work
Practice Act is amended by changing Section 19 as follows:
(225 ILCS 20/19)
(Section scheduled to be repealed on January 1, 2028)
Sec. 19. Grounds for disciplinary action.
(1) The Department may refuse to issue or renew a license,
or may suspend, revoke, place on probation, reprimand, or take
any other disciplinary or non-disciplinary action deemed
appropriate by the Department, including the imposition of
fines not to exceed $10,000 for each violation, with regard to
any license issued under the provisions of this Act for any one
or a combination of the following grounds:
(a) material misstatements in furnishing information
to the Department or to any other State agency or in
furnishing information to any insurance company with
respect to a claim on behalf of a licensee or a patient;
(b) violations or negligent or intentional disregard
of this Act, or any of the rules promulgated hereunder;
(c) conviction of or entry of a plea of guilty or nolo

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contendere, finding of guilt, jury verdict, or entry of
judgment or sentencing, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States that is
(i) a felony or (ii) a misdemeanor, an essential element
of which is dishonesty, or that is directly related to the
practice of the clinical social work or social work
professions;
(d) fraud or misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal or restoration of a license under
this Act;
(e) professional incompetence;
(f) gross negligence in practice under this Act;
(g) aiding or assisting another person in violating
any provision of this Act or its rules;
(h) failing to provide information within 60 days in
response to a written request made by the Department;
(i) engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public as defined by the rules of the
Department, or violating the rules of professional conduct
adopted by the Department;
(j) habitual or excessive use or abuse of drugs
defined in law as controlled substances, of alcohol, or of

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any other substances that results in the inability to
practice with reasonable judgment, skill, or safety;
(k) adverse action taken by another state or
jurisdiction, if at least one of the grounds for the
discipline is the same or substantially equivalent to
those set forth in this Section;
(l) 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 service not actually rendered.
Nothing in this paragraph (l) 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 (l) shall be construed to
require an employment arrangement to receive professional
fees for services rendered;
(m) a finding by the Department that the licensee,
after having the license placed on probationary status,
has violated the terms of probation or failed to comply
with such terms;
(n) abandonment, without cause, of a client;

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(o) willfully making or filing false records or
reports relating to a licensee's practice, including, but
not limited to, false records filed with Federal or State
agencies or departments;
(p) willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act;
(q) 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;
(r) physical illness, mental illness, or any other
impairment or disability, including, but not limited to,
deterioration through the aging process, or loss of motor
skills that results in the inability to practice the
profession with reasonable judgment, skill or safety;
(s) solicitation of professional services by using
false or misleading advertising;
(t) violation of the Health Care Worker Self-Referral
Act;
(u) willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and

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required by the Adult Protective Services Act; or
(v) being named as an abuser in a verified report by
the Department on Aging under the Adult Protective
Services Act, and upon proof by clear and convincing
evidence that the licensee abused, neglected, or
financially exploited an eligible adult as defined in the
Adult Protective Services Act; or .
(w) failure to report actual or alleged reportable
misconduct or an investigation related to actual or
alleged reportable misconduct in accordance with Section
2105-390 of the Department of Professional Regulation Law
of the Civil Administrative Code of Illinois.
(2) (Blank).
(3) The determination by a court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code, will result in an automatic suspension of the licensee's
license. Such suspension will end upon a finding by a court
that the licensee is no longer subject to involuntary
admission or judicial admission and issues an order so finding
and discharging the patient, and upon the recommendation of
the Board to the Secretary that the licensee be allowed to
resume professional practice.
(4) The Department shall refuse to issue or renew or may
suspend the license of a person who (i) fails to file a return,
pay the tax, penalty, or interest shown in a filed return, or

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pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Department of
Revenue, until the requirements of the tax Act are satisfied
or (ii) has failed to pay any court-ordered child support as
determined by a court order or by referral from the Department
of Healthcare and Family Services.
(4.5) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against a license or permit issued under this Act based
solely upon the licensed clinical social worker authorizing,
recommending, aiding, assisting, referring for, or otherwise
participating in any health care service, so long as the care
was not unlawful under the laws of this State, regardless of
whether the patient was a resident of this State or another
state.
(4.10) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a licensed clinical social worker based upon the
licensed clinical social worker's license being revoked or
suspended, or the licensed clinical social worker being
otherwise disciplined by any other state, if that revocation,
suspension, or other form of discipline was based solely on
the licensed clinical social worker violating another state's

HB3711 - 79 - LRB104 09787 AAS 19853 b
laws prohibiting the provision of, authorization of,
recommendation of, aiding or assisting in, referring for, or
participation in any health care service if that health care
service as provided would not have been unlawful under the
laws of this State and is consistent with the standards of
conduct for a licensed clinical social worker practicing in
Illinois.
(4.15) The conduct specified in subsection (4.5), (4.10),
(4.25), or (4.30) shall not constitute grounds for suspension
under Section 32.
(4.20) An applicant seeking licensure, certification, or
authorization pursuant to this Act who has been subject to
disciplinary action by a duly authorized professional
disciplinary agency of another jurisdiction solely on the
basis of having authorized, recommended, aided, assisted,
referred for, or otherwise participated in health care shall
not be denied such licensure, certification, or authorization,
unless the Department determines that such action would have
constituted reportable professional misconduct in this State;
however, nothing in this Section shall be construed as
prohibiting the Department from evaluating the conduct of such
applicant and making a determination regarding the licensure,
certification, or authorization to practice a profession under
this Act.
(4.25) The Department may not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or

HB3711 - 80 - LRB104 09787 AAS 19853 b
renew, or take any other disciplinary or non-disciplinary
action against a license or permit issued under this Act based
solely upon an immigration violation by the licensed clinical
social worker.
(4.30) The Department may not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a licensed clinical social worker based upon the
licensed clinical social worker's license being revoked or
suspended, or the licensed clinical social worker being
otherwise disciplined by any other state, if that revocation,
suspension, or other form of discipline was based solely upon
an immigration violation by the licensed clinical social
worker.
(5)(a) In enforcing this Section, the Department or Board,
upon a showing of a possible violation, may compel a person
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, which may include a substance abuse or
sexual offender evaluation, as required by and at the expense
of the Department.
(b) The Department shall specifically designate the
examining physician licensed to practice medicine in all of
its branches or, if applicable, the multidisciplinary team
involved in providing the mental or physical examination or

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both. The multidisciplinary team shall be led by a physician
licensed to practice medicine in all of its branches and may
consist of one or more or a combination of physicians licensed
to practice medicine in all of its branches, licensed clinical
psychologists, licensed clinical social workers, licensed
clinical professional counselors, and other professional and
administrative staff. Any examining physician or member of the
multidisciplinary team may require any person ordered to
submit to an examination pursuant to this Section to submit to
any additional supplemental testing deemed necessary to
complete any examination or evaluation process, including, but
not limited to, blood testing, urinalysis, psychological
testing, or neuropsychological testing.
(c) The Board or the Department may order the examining
physician or any member of the multidisciplinary team to
present testimony concerning this mental or physical
examination of the licensee or applicant. No information,
report, record, or other documents in any way related to the
examination shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician or any
member of the multidisciplinary team. No authorization is
necessary from the licensee or applicant ordered to undergo an
examination for the examining physician or any member of the
multidisciplinary team to provide information, reports,
records, or other documents or to provide any testimony

HB3711 - 82 - LRB104 09787 AAS 19853 b
regarding the examination and evaluation.
(d) The person to be examined may have, at the person's own
expense, another physician of the person's choice present
during all aspects of the examination. However, that physician
shall be present only to observe and may not interfere in any
way with the examination.
(e) Failure of any person to submit to a mental or physical
examination without reasonable cause, when ordered, shall
result in an automatic suspension of the person's license
until the person submits to the examination.
(f) If the Department or Board finds a person unable to
practice because of the reasons set forth in this Section, the
Department or Board may require that person to submit to care,
counseling, or treatment by physicians approved or designated
by the Department or Board, as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice; or, in lieu of care, counseling or treatment, the
Department may file, or the Board may recommend to the
Department to file, a complaint to immediately suspend,
revoke, or otherwise discipline the license of the person. Any
person whose license was granted, continued, reinstated,
renewed, disciplined or supervised subject to such terms,
conditions or restrictions, and who fails to comply with such
terms, conditions, or restrictions, shall be referred to the
Secretary for a determination as to whether the person's
license shall be suspended immediately, pending a hearing by

HB3711 - 83 - LRB104 09787 AAS 19853 b
the Department.
(g) All fines imposed 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.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that
person's license must be convened by the Department within 30
days after the suspension and completed without appreciable
delay. The Department and Board shall have the authority to
review the subject person'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.
A person licensed under this Act and affected under this
Section shall be afforded an opportunity to demonstrate to the
Department or Board that the person can resume practice in
compliance with acceptable and prevailing standards under the
provisions of the person's license.
(h) The Department may adopt rules to implement,
administer, and enforce this Section the changes made by this
amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-1117, eff. 1-13-23; 103-715, eff. 1-1-25;
103-1048, eff. 1-1-25; revised 11-26-24.)
Section 45. The Illinois Dental Practice Act is amended by

HB3711 - 84 - LRB104 09787 AAS 19853 b
changing Section 23 as follows:
(225 ILCS 25/23) (from Ch. 111, par. 2323)
(Section scheduled to be repealed on January 1, 2026)
Sec. 23. Refusal, revocation or suspension of dental
licenses. The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand or take other
disciplinary or non-disciplinary action as the Department may
deem proper, including imposing fines not to exceed $10,000
per violation, with regard to any license for any one or any
combination of the following causes:
1. 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.
2. Inability to practice with reasonable judgment,
skill, or safety as a result of habitual or excessive use
or addiction to alcohol, narcotics, stimulants, or any
other chemical agent or drug.
3. Willful or repeated violations of the rules of the
Department of Public Health or Department of Nuclear
Safety.
4. Acceptance of a fee for service as a witness,
without the knowledge of the court, in addition to the fee
allowed by the court.
5. Division of fees or agreeing to split or divide the
fees received for dental services with any person for

HB3711 - 85 - LRB104 09787 AAS 19853 b
bringing or referring a patient, except in regard to
referral services as provided for under Section 45, or
assisting in the care or treatment of a patient, without
the knowledge of the patient or his or her legal
representative. Nothing in this item 5 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 item 5 shall be construed to require
an employment arrangement to receive professional fees for
services rendered.
6. Employing, procuring, inducing, aiding or abetting
a person not licensed or registered as a dentist or dental
hygienist to engage in the practice of dentistry or dental
hygiene. The person practiced upon is not an accomplice,
employer, procurer, inducer, aider, or abetter within the
meaning of this Act.
7. Making any misrepresentations or false promises,
directly or indirectly, to influence, persuade or induce
dental patronage.
8. Professional connection or association with or
lending his or her name to another for the illegal

HB3711 - 86 - LRB104 09787 AAS 19853 b
practice of dentistry by another, or professional
connection or association with any person, firm or
corporation holding himself, herself, themselves, or
itself out in any manner contrary to this Act.
9. Obtaining or seeking to obtain practice, money, or
any other things of value by false or fraudulent
representations, but not limited to, engaging in such
fraudulent practice to defraud the medical assistance
program of the Department of Healthcare and Family
Services (formerly Department of Public Aid) under the
Illinois Public Aid Code.
10. Practicing under a false or, except as provided by
law, an assumed name.
11. Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
12. Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing for 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 that (i)
is a felony under the laws of this State or (ii) is a
misdemeanor, an essential element of which is dishonesty,
or that is directly related to the practice of dentistry.
13. Permitting a dental hygienist, dental assistant or

HB3711 - 87 - LRB104 09787 AAS 19853 b
other person under his or her supervision to perform any
operation not authorized by this Act.
14. Permitting more than 4 dental hygienists to be
employed under his or her supervision at any one time.
15. A violation of any provision of this Act or any
rules promulgated under this Act.
16. Taking impressions for or using the services of
any person, firm or corporation violating this Act.
17. Violating any provision of Section 45 relating to
advertising.
18. 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
within this Act.
19. Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
20. Gross negligence in practice under this Act.
21. The use or prescription for use of narcotics or
controlled substances or designated products as listed in
the Illinois Controlled Substances Act, in any way other
than for therapeutic purposes.
22. Willfully making or filing false records or
reports in his or her practice as a dentist, including,
but not limited to, false records to support claims
against the dental assistance program of the Department of

HB3711 - 88 - LRB104 09787 AAS 19853 b
Healthcare and Family Services (formerly Illinois
Department of Public Aid).
23. Professional incompetence as manifested by poor
standards of care.
24. Physical or mental illness, including, but not
limited to, deterioration through the aging process, or
loss of motor skills which results in a dentist's
inability to practice dentistry with reasonable judgment,
skill or safety. In enforcing this paragraph, the
Department may compel a person licensed to practice under
this Act to submit to a mental or physical examination
pursuant to the terms and conditions of Section 23b.
25. Gross or repeated irregularities in billing for
services rendered to a patient. For purposes of this
paragraph 25, "irregularities in billing" shall include:
(a) Reporting excessive charges for the purpose of
obtaining a total payment in excess of that usually
received by the dentist for the services rendered.
(b) Reporting charges for services not rendered.
(c) Incorrectly reporting services rendered for
the purpose of obtaining payment not earned.
26. Continuing the active practice of dentistry while
knowingly having any infectious, communicable, or
contagious disease proscribed by rule or regulation of the
Department.
27. Being named as a perpetrator in an indicated

HB3711 - 89 - LRB104 09787 AAS 19853 b
report by the Department of Children and Family Services
pursuant to 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.
28. Violating the Health Care Worker Self-Referral
Act.
29. Abandonment of a patient.
30. Mental incompetency as declared by a court of
competent jurisdiction.
31. A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation.
32. Material misstatement in furnishing information to
the Department.
33. Failing, within 60 days, to provide information in
response to a written request by the Department in the
course of an investigation.
34. 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.
35. Cheating on or attempting to subvert the licensing
examination administered under this Act.
36. A pattern of practice or other behavior that
demonstrates incapacity or incompetence to practice under

HB3711 - 90 - LRB104 09787 AAS 19853 b
this Act.
37. Failure to establish and maintain records of
patient care and treatment as required under this Act.
38. Failure to provide copies of dental records as
required by law.
39. Failure of a licensed dentist who owns or is
employed at a dental office to give notice of an office
closure to his or her patients at least 30 days prior to
the office closure pursuant to Section 50.1.
40. Failure to maintain a sanitary work environment.
41. Failure to comply with the provisions of Section
17.2 of this Act.
42. Failure to report actual or alleged reportable
misconduct or an investigation related to actual or
alleged reportable misconduct in accordance with Section
2105-390 of the Department of Professional Regulation Law
of the Civil Administrative Code of Illinois.
All proceedings to suspend, revoke, place on probationary
status, or take any other disciplinary action as the
Department may deem proper, with regard to a license on any of
the foregoing grounds, must be commenced within 5 years 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 fraud in procuring a
license, no action shall be commenced more than 7 years after
the date of the incident or act alleged to have violated this

HB3711 - 91 - LRB104 09787 AAS 19853 b
Section. 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.
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.
The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the
tax, penalty or interest shown in a filed return, or to pay any
final assessment of 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.
Any dentist who has had his or her license suspended or
revoked for more than 5 years must comply with the
requirements for restoration set forth in Section 16 prior to
being eligible for reinstatement from the suspension or
revocation.
(Source: P.A. 103-425, eff. 1-1-24; 103-902, eff. 8-9-24.)
Section 50. The Dietitian Nutritionist Practice Act is
amended by changing Section 95 as follows:
(225 ILCS 30/95) (from Ch. 111, par. 8401-95)

HB3711 - 92 - LRB104 09787 AAS 19853 b
(Section scheduled to be repealed on January 1, 2028)
Sec. 95. Grounds for discipline.
(1) The Department may refuse to issue or 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 license or
certificate for any one or combination of the following
causes:
(a) Material misstatement in furnishing information to
the Department.
(b) Violations of this Act or of rules adopted under
this Act.
(c) 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.
(d) 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.
(e) Professional incompetence or gross negligence.

HB3711 - 93 - LRB104 09787 AAS 19853 b
(f) Malpractice.
(g) Aiding or assisting another person in violating
any provision of this Act or its rules.
(h) Failing to provide information within 60 days in
response to a written request made by the Department.
(i) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(j) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, alcohol, or any
other substance that results in the inability to practice
with reasonable judgment, skill, or safety.
(k) Discipline by another state, the District of
Columbia, territory, country, or governmental agency if at
least one of the grounds for the discipline is the same or
substantially equivalent to those set forth in this Act.
(l) Charging for professional services not rendered,
including filing false statements for the collection of
fees for which services are not rendered. Nothing in this
paragraph (1) 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

HB3711 - 94 - LRB104 09787 AAS 19853 b
the scope of the licensee's practice under this Act.
Nothing in this paragraph (1) shall be construed to
require an employment arrangement to receive professional
fees for services rendered.
(m) A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation.
(n) Willfully making or filing false records or
reports in his or her practice, including, but not limited
to, false records filed with State agencies or
departments.
(o) Allowing one's license under this Act to be used
by an unlicensed person in violation of this Act.
(p) Practicing under a false or, except as provided by
law, an assumed name.
(q) Gross and willful overcharging for professional
services.
(r) (Blank).
(s) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(t) Cheating on or attempting to subvert a licensing
examination administered under this Act.
(u) Mental illness or disability that results in the
inability to practice under this Act with reasonable
judgment, skill, or safety.

HB3711 - 95 - LRB104 09787 AAS 19853 b
(v) Physical illness, including, but not limited to,
deterioration through the aging process or loss of motor
skill that results in a licensee's inability to practice
under this Act with reasonable judgment, skill, or safety.
(w) Advising an individual to discontinue, reduce,
increase, or otherwise alter the intake of a drug
prescribed by a physician licensed to practice medicine in
all its branches or by a prescriber as defined in Section
102 of the Illinois Controlled Substances Act.
(x) Failure to report actual or alleged reportable
misconduct or an investigation related to actual or
alleged reportable misconduct in accordance with Section
2105-390 of the Department of Professional Regulation Law
of the Civil Administrative Code of Illinois.
(2) The Department may refuse to issue or may suspend
without hearing, as provided for in the Code of Civil
Procedure, 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 Civil
Administrative Code of Illinois.
(3) (Blank).
(4) In cases where the Department of Healthcare and Family

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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 Civil
Administrative Code of Illinois.
(5) 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.
(6) In enforcing this Act, the Department, upon a showing
of a possible violation, may compel an individual licensed to
practice under this Act, or who has applied for licensure
under this Act, to submit to a mental or physical examination,
or both, as required by and at the expense of the Department.
The Department may order the examining physician to present
testimony concerning the mental or physical examination of the
licensee or applicant. No information shall be excluded by

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reason of any common law or statutory privilege relating to
communications between the licensee or applicant and the
examining physician. The examining physicians shall be
specifically designated by the Department. The individual to
be examined may have, at his or her own expense, another
physician of his or her choice present during all aspects of
this examination. The examination shall be performed by a
physician licensed to practice medicine in all its branches.
Failure of an individual to submit to a mental or physical
examination, when directed, shall result in an automatic
suspension without hearing.
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 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, then the Department may file a
complaint to revoke, suspend, or otherwise discipline the

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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.
(Source: P.A. 100-872, eff. 8-14-18.)
Section 55. The Marriage and Family Therapy Licensing Act
is amended by changing Section 85 as follows:
(225 ILCS 55/85) (from Ch. 111, par. 8351-85)
(Section scheduled to be repealed on January 1, 2027)
Sec. 85. Refusal, revocation, or suspension.

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(a) The Department may refuse to issue or renew a license,
or may revoke, suspend, reprimand, place on probation, or take
any other disciplinary or non-disciplinary action as the
Department may deem proper, including the imposition of fines
not to exceed $10,000 for each violation, with regard to any
license issued under the provisions of this Act for any one or
combination of the following grounds:
(1) Material misstatement in furnishing information to
the Department.
(2) Violation of any provision of this Act or its
rules.
(3) Conviction of or entry of 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 that is
(i) a felony or (ii) a misdemeanor, an essential element
of which is dishonesty or that is directly related to the
practice of the profession.
(4) Fraud or misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal or restoration of a license under
this Act or its rules.
(5) Professional incompetence.
(6) Gross negligence in practice under this Act.

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(7) Aiding or assisting another person in violating
any provision of this Act or its rules.
(8) Failing, within 60 days, to provide information 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 as defined by the rules of the
Department, or violating the rules of professional conduct
adopted by the Department.
(10) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, of alcohol, or
any other substance that results in the inability to
practice with reasonable judgment, skill, or safety.
(11) Discipline by another jurisdiction 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. 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,

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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) A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation or failed to
comply with the terms.
(14) Abandonment of a patient without cause.
(15) 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.
(16) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(17) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(18) Physical illness or mental illness or impairment,

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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 using
false or misleading advertising.
(20) A pattern of practice or other behavior that
demonstrates incapacity or incompetence to practice under
this Act.
(21) Practicing under a false or assumed name, except
as provided by law.
(22) Gross, willful, and continued overcharging for
professional services, including filing false statements
for collection of fees or moneys for which services are
not rendered.
(23) Failure to establish and maintain records of
patient care and treatment as required by law.
(24) Cheating on or attempting to subvert the
licensing examinations administered under this Act.
(25) Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act.
(26) Being named as an abuser in a verified report by
the Department on Aging and under the Adult Protective
Services Act and upon proof by clear and convincing

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evidence that the licensee abused, neglected, or
financially exploited an eligible adult as defined in the
Adult Protective Services Act.
(27) Failure to report actual or alleged reportable
misconduct or an investigation related to actual or
alleged reportable misconduct in accordance with Section
2105-390 of the Department of Professional Regulation Law
of the Civil Administrative Code of Illinois.
(b) (Blank).
(c) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission, as
provided in the Mental Health and Developmental Disabilities
Code, operates as an automatic suspension. The suspension will
terminate 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, and upon the recommendation of the Board to the
Secretary that the licensee be allowed to resume his or her
practice as a licensed marriage and family therapist or an
associate licensed marriage and family therapist.
(d) The Department shall refuse to issue or may suspend
the license of any person who fails to file a return, pay the
tax, penalty, or interest shown in a filed return or pay any
final assessment of tax, penalty, or interest, as required by
any tax Act administered by the Illinois Department of
Revenue, until the time the requirements of the tax Act are

HB3711 - 104 - LRB104 09787 AAS 19853 b
satisfied.
(d-5) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a marriage and family therapist or associate
licensed marriage and family therapist based solely upon the
marriage and family therapist or associate licensed marriage
and family therapist authorizing, recommending, aiding,
assisting, referring for, or otherwise participating in any
health care service, so long as the care was not Unlawful under
the laws of this State, regardless of whether the patient was a
resident of this State or another state.
(d-10) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a marriage and family therapist or associate
licensed marriage and family therapist based upon the marriage
and family therapist's or associate licensed marriage and
family therapist's license being revoked or suspended, or the
marriage and family therapist or associate licensed marriage
and family therapist being otherwise disciplined by any other
state, if that revocation, suspension, or other form of
discipline was based solely on the marriage and family
therapist or associate licensed marriage and family therapist

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violating another state's laws prohibiting the provision of,
authorization of, recommendation of, aiding or assisting in,
referring for, or participation in any health care service if
that health care service as provided would not have been
unlawful under the laws of this State and is consistent with
the standards of conduct for a marriage and family therapist
or an associate licensed marriage and family therapist
practicing in Illinois.
(d-15) The conduct specified in subsection (d-5), (d-10),
(d-25), or (d-30) shall not constitute grounds for suspension
under Section 145.
(d-20) An applicant seeking licensure, certification, or
authorization pursuant to this Act who has been subject to
disciplinary action by a duly authorized professional
disciplinary agency of another jurisdiction solely on the
basis of having authorized, recommended, aided, assisted,
referred for, or otherwise participated in health care shall
not be denied such licensure, certification, or authorization,
unless the Department determines that such action would have
constituted reportable professional misconduct in this State;
however, nothing in this Section shall be construed as
prohibiting the Department from evaluating the conduct of such
applicant and making a determination regarding the licensure,
certification, or authorization to practice a profession under
this Act.
(d-25) The Department may not revoke, suspend, summarily

HB3711 - 106 - LRB104 09787 AAS 19853 b
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a marriage and family therapist or associate
licensed marriage and family therapist based solely upon an
immigration violation by the marriage and family therapist or
associate licensed marriage and family therapist.
(d-30) The Department may not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a marriage and family therapist or associate
licensed marriage and family therapist based upon the marriage
and family therapist's or associate licensed marriage and
family therapist's license being revoked or suspended, or the
marriage and family therapist or associate licensed marriage
and family therapist being otherwise disciplined by any other
state, if that revocation, suspension, or other form of
discipline was based solely upon an immigration violation by
the marriage and family therapist or associate licensed
marriage and family therapist.
(e) In enforcing this Section, the Department or Board
upon a showing of a possible violation may compel an
individual licensed to practice under this Act, or who has
applied for licensure under this Act, to submit to a mental or
physical examination, or both, which may include a substance

HB3711 - 107 - LRB104 09787 AAS 19853 b
abuse or sexual offender evaluation, as required by and at the
expense of the Department.
The Department shall specifically designate the examining
physician licensed to practice medicine in all of its branches
or, if applicable, the multidisciplinary team involved in
providing the mental or physical examination or both. The
multidisciplinary team shall be led by a physician licensed to
practice medicine in all of its branches and may consist of one
or more or a combination of physicians licensed to practice
medicine in all of its branches, licensed clinical
psychologists, licensed clinical social workers, licensed
clinical professional counselors, licensed marriage and family
therapists, 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 or Board may order the examining physician

HB3711 - 108 - LRB104 09787 AAS 19853 b
or any member of the multidisciplinary team to present
testimony concerning the mental or physical examination of the
licensee or applicant. No information, report, record, or
other documents in any way related to the examination shall be
excluded by reason of any common law or statutory privilege
relating to communications between the licensee or applicant
and the examining physician or any member of the
multidisciplinary team. No authorization is necessary from the
licensee or applicant ordered to undergo an examination for
the examining physician or any member of the multidisciplinary
team to provide information, reports, records, or other
documents or to provide any testimony regarding the
examination and evaluation.
The individual to be examined may have, at his or her own
expense, another physician of his or her choice present during
all aspects of this examination. However, that physician shall
be present only to observe and may not interfere in any way
with the examination.
Failure of an individual to submit to a mental or physical
examination, when ordered, shall result in an automatic
suspension of his or her license until the individual submits
to the examination.
If the Department or Board finds an individual unable to
practice because of the reasons set forth in this Section, the
Department or Board may require that individual to submit to
care, counseling, or treatment by physicians approved or

HB3711 - 109 - LRB104 09787 AAS 19853 b
designated by the Department or Board, as a condition, term,
or restriction for continued, reinstated, or renewed licensure
to practice; or, in lieu of care, counseling, or treatment,
the Department may file, or the Board may recommend to the
Department to file, a complaint to immediately suspend,
revoke, or otherwise discipline the license of the individual.
An individual whose license was granted, continued,
reinstated, renewed, disciplined or supervised subject to such
terms, conditions, or restrictions, and who fails to comply
with such terms, conditions, or restrictions, shall be
referred to the Secretary for a determination as to whether
the individual shall have his or her license suspended
immediately, pending a hearing by the Department.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that
person's license must be convened by the Department within 30
days after the suspension and completed without appreciable
delay. The Department and Board shall have the authority to
review the subject individual's record of treatment and
counseling regarding the impairment to the extent permitted by
applicable federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate
to the Department or Board that he or she can resume practice
in compliance with acceptable and prevailing standards under

HB3711 - 110 - LRB104 09787 AAS 19853 b
the provisions of his or her license.
(f) A fine 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.
(g) The Department may adopt rules to implement,
administer, and enforce this Section the changes made by this
amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-1117, eff. 1-13-23; 103-715, eff. 1-1-25.)
Section 60. The Music Therapy Licensing and Practice Act
is amended by changing Section 95 as follows:
(225 ILCS 56/95)
(Section scheduled to be repealed on January 1, 2028)
Sec. 95. Grounds for discipline.
(a) The Department may refuse to issue, renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or nondisciplinary action as the Department deems
appropriate, including the issuance of fines not to exceed
$10,000 for each violation, with regard to any license for any
one or more of the following:
(1) Material misstatement in furnishing information to
the Department or to any other State agency.
(2) Violations or negligent or intentional disregard
of this Act, or any of its rules.
(3) Conviction by plea of guilty or nolo contendere,

HB3711 - 111 - LRB104 09787 AAS 19853 b
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 (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 music therapy.
(4) Making any misrepresentation for the purpose of
obtaining a license, or violating any provision of this
Act or its rules.
(5) Negligence in the rendering of music therapy
services.
(6) Aiding or assisting another person in violating
any provision of this Act or any of its rules.
(7) Failing to provide information within 60 days in
response to a written request made by the Department.
(8) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public and violating the rules of
professional conduct adopted by the Department.
(9) Failing to maintain the confidentiality of any
information received from a client, unless otherwise
authorized or required by law.
(10) Failure to maintain client records of services
provided and provide copies to clients upon request.

HB3711 - 112 - LRB104 09787 AAS 19853 b
(11) Exploiting a client for personal advantage,
profit, or interest.
(12) Habitual or excessive use or addiction to
alcohol, narcotics, stimulants, or any other chemical
agent or drug which results in inability to practice with
reasonable skill, judgment, or safety.
(13) Discipline by another governmental agency or unit
of government, by any jurisdiction of the United States,
or by a foreign nation, if at least one of the grounds for
the discipline is the same or substantially equivalent to
those set forth in this Section.
(14) 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 service not actually
rendered. Nothing in this paragraph 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 shall be construed to
require an employment arrangement to receive professional
fees for services rendered.

HB3711 - 113 - LRB104 09787 AAS 19853 b
(15) A finding by the Department that the licensee,
after having the license placed on probationary status,
has violated the terms of probation.
(16) Failing to refer a client to other health care
professionals when the licensee is unable or unwilling to
adequately support or serve the client.
(17) Willfully filing false reports relating to a
licensee's practice, including, but not limited to, false
records filed with federal or State agencies or
departments.
(18) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(19) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
pursuant to 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.
(20) Physical or mental disability, including
deterioration through the aging process or loss of
abilities and skills which results in the inability to
practice the profession with reasonable judgment, skill,
or safety.
(21) Solicitation of professional services by using

HB3711 - 114 - LRB104 09787 AAS 19853 b
false or misleading advertising.
(22) Fraud or making 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.
(23) Practicing or attempting to practice under a name
other than the full name as shown on the license or any
other legally authorized name.
(24) Gross overcharging for professional services,
including filing statements for collection of fees or
moneys for which services are not rendered.
(25) Charging for professional services not rendered,
including filing false statements for the collection of
fees for which services are not rendered.
(26) Allowing one's license under this Act to be used
by an unlicensed person in violation of this Act.
(27) Failure to report actual or alleged reportable
misconduct or an investigation related to actual or
alleged reportable misconduct in accordance with Section
2105-390 of the Department of Professional Regulation Law
of the Civil Administrative Code of Illinois.
(b) The determination by a court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code shall result in an automatic suspension of the licensee's
license. The suspension will end upon a finding by a court that
the licensee is no longer subject to involuntary admission or

HB3711 - 115 - LRB104 09787 AAS 19853 b
judicial admission, the issuance of an order so finding and
discharging the patient, and the determination of the
Secretary that the licensee be allowed to resume professional
practice.
(c) The Department may refuse to issue or renew or may
suspend without hearing the license of any person who fails to
file a return, to pay the tax penalty or interest shown in a
filed return, or to pay any final assessment of the tax,
penalty, or interest as required by any Act regarding the
payment of taxes administered by the Department of Revenue
until the requirements of the 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.
(d) In cases where the Department of Healthcare and Family
Services has previously determined that 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 paragraph (5) of subsection (a) of Section 2105-15 of the
Department of Professional Regulation Law of the Civil
Administrative Code of Illinois.

HB3711 - 116 - LRB104 09787 AAS 19853 b
(e) All fines or costs imposed under this Section shall be
paid within 60 days after the effective date of the order
imposing the fine or costs or in accordance with the terms set
forth in the order imposing the fine.
(Source: P.A. 102-993, eff. 5-27-22; 103-605, eff. 7-1-24.)
Section 65. The Massage Therapy Practice Act is amended by
changing Section 45 as follows:
(225 ILCS 57/45)
(Section scheduled to be repealed on January 1, 2027)
Sec. 45. Grounds for discipline.
(a) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action, as the Department
considers appropriate, including the imposition of fines not
to exceed $10,000 for each violation, with regard to any
license or licensee for any one or more of the following:
(1) violations of this Act or of the rules adopted
under this Act;
(2) 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)

HB3711 - 117 - LRB104 09787 AAS 19853 b
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;
(3) professional incompetence;
(4) advertising in a false, deceptive, or misleading
manner, including failing to use the massage therapist's
own license number in an advertisement;
(5) aiding, abetting, assisting, procuring, advising,
employing, or contracting with any unlicensed person to
practice massage contrary to any rules or provisions of
this Act;
(6) engaging in immoral conduct in the commission of
any act, such as sexual abuse, sexual misconduct, or
sexual exploitation, related to the licensee's practice;
(7) engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public;
(8) practicing or offering to practice beyond the
scope permitted by law or accepting and performing
professional responsibilities which the licensee knows or
has reason to know that he or she is not competent to
perform;
(9) knowingly delegating professional
responsibilities to a person unqualified by training,
experience, or licensure to perform;
(10) failing to provide information in response to a

HB3711 - 118 - LRB104 09787 AAS 19853 b
written request made by the Department within 60 days;
(11) having a habitual or excessive use of or
addiction to alcohol, narcotics, stimulants, or any other
chemical agent or drug which results in the inability to
practice with reasonable judgment, skill, or safety;
(12) having a pattern of practice or other behavior
that demonstrates incapacity or incompetence to practice
under this Act;
(13) discipline by another state, District of
Columbia, territory, or foreign nation, if at least one of
the grounds for the discipline is the same or
substantially equivalent to those set forth in this
Section;
(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) willfully making or filing false records or
reports in his or her practice, including, but not limited
to, false records filed with State agencies or
departments;
(16) making a material misstatement in furnishing
information to the Department or otherwise making
misleading, deceptive, untrue, or fraudulent
representations in violation of this Act or otherwise in
the practice of the profession;
(17) fraud or misrepresentation in applying for or

HB3711 - 119 - LRB104 09787 AAS 19853 b
procuring a license under this Act or in connection with
applying for renewal of a license under this Act;
(18) inability to practice the profession with
reasonable judgment, skill, or safety as a result of
physical illness, including, but not limited to,
deterioration through the aging process, loss of motor
skill, or a mental illness or disability;
(19) charging for professional services not rendered,
including filing false statements for the collection of
fees for which services are not rendered;
(20) practicing under a false or, except as provided
by law, an assumed name; or
(21) cheating on or attempting to subvert the
licensing examination administered under this Act; or .
(22) failure to report actual or alleged reportable
misconduct or an investigation related to actual or
alleged reportable misconduct in accordance with Section
2105-390 of the Department of Professional Regulation Law
of the Civil Administrative Code of Illinois.
All fines shall be paid within 60 days of the effective
date of the order imposing the fine.
(b) A person not licensed under this Act and engaged in the
business of offering massage therapy services through others,
shall not aid, abet, assist, procure, advise, employ, or
contract with any unlicensed person to practice massage
therapy contrary to any rules or provisions of this Act. A

HB3711 - 120 - LRB104 09787 AAS 19853 b
person violating this subsection (b) shall be treated as a
licensee for the purposes of disciplinary action under this
Section and shall be subject to cease and desist orders as
provided in Section 90 of this Act.
(c) The Department shall revoke any license issued under
this Act of any person who is convicted of prostitution, rape,
sexual misconduct, or any crime that subjects the licensee to
compliance with the requirements of the Sex Offender
Registration Act and any such conviction shall operate as a
permanent bar in the State of Illinois to practice as a massage
therapist.
(c-5) A prosecuting attorney shall provide notice to the
Department of the licensed massage therapist's name, address,
practice address, and license number and a copy of the
criminal charges filed immediately after a licensed massage
therapist has been charged with any of the following offenses:
(1) an offense for which the sentence includes
registration as a sex offender;
(2) involuntary sexual servitude of a minor;
(3) the crime of battery against a patient, including
any offense based on sexual conduct or sexual penetration,
in the course of patient care or treatment; or
(4) a forcible felony.
If the victim of the crime the licensee has been charged
with is a patient of the licensee, the prosecuting attorney
shall also provide notice to the Department of the patient's

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name.
Within 5 business days after receiving notice from the
prosecuting attorney of the filing of criminal charges against
the licensed massage therapist, the Secretary shall issue an
administrative order that the licensed massage therapist shall
practice only with a chaperone during all patient encounters
pending the outcome of the criminal proceedings. The chaperone
shall be a licensed massage therapist or other health care
worker licensed by the Department. The administrative order
shall specify any other terms or conditions deemed appropriate
by the Secretary. The chaperone shall provide written notice
to all of the licensed massage therapist's patients explaining
the Department's order to use a chaperone. Each patient shall
sign an acknowledgment that the patient they received the
notice. The notice to the patient of criminal charges shall
include, in 14-point font, the following statement: "The
massage therapist is presumed innocent until proven guilty of
the charges.".
The licensed massage therapist shall provide a written
plan of compliance with the administrative order that is
acceptable to the Department within 5 business days after
receipt of the administrative order. Failure to comply with
the administrative order, failure to file a compliance plan,
or failure to follow the compliance plan shall subject the
licensed massage therapist to temporary suspension of his or
her license until the completion of the criminal proceedings.

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If the licensee is not convicted of the charge or if any
conviction is later overturned by a reviewing court, the
administrative order shall be vacated and removed from the
licensee's record.
The Department may adopt rules to implement this
subsection.
(d) The Department may refuse to issue or may suspend the
license of any person who fails to file a tax return, to pay
the tax, penalty, or interest shown in a filed tax 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
the tax Act are satisfied in accordance with subsection (g) of
Section 2105-15 of the Civil Administrative Code of Illinois.
(e) (Blank).
(f) In cases where the Department of Healthcare and Family
Services has previously determined that 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 Civil
Administrative Code of Illinois.

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(g) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission, as
provided in the Mental Health and Developmental Disabilities
Code, operates as an automatic suspension. The suspension will
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and the issuance of a court order so finding and discharging
the patient.
(h) In enforcing this Act, the Department or Board, upon a
showing of a possible violation, may compel an individual
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, as required by and at the expense of the
Department. The Department or Board may order the examining
physician to present testimony concerning the mental or
physical examination of the licensee or applicant. No
information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physicians shall be specifically designated by the
Board or Department. The individual to be examined may have,
at his or her own expense, another physician of his or her
choice present during all aspects of this examination. The
examination shall be performed by a physician licensed to
practice medicine in all its branches. Failure of an
individual to submit to a mental or physical examination, when

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directed, shall result in an automatic suspension without
hearing.
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 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 and Board shall have the authority to

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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 or Board that he or she can resume practice
in compliance with acceptable and prevailing standards under
the provisions of his or her license.
(Source: P.A. 102-20, eff. 1-1-22; 103-757, eff. 8-2-24;
revised 10-21-24.)
Section 70. The Medical Practice Act of 1987 is amended by
changing Sections 22 and 23 as follows:
(225 ILCS 60/22) (from Ch. 111, par. 4400-22)
(Section scheduled to be repealed on January 1, 2027)
Sec. 22. Disciplinary action.
(A) The Department may revoke, suspend, place on
probation, reprimand, refuse to issue or renew, or take any
other disciplinary or non-disciplinary action as the
Department may deem proper with regard to the license or
permit of any person issued under this Act, including imposing
fines not to exceed $10,000 for each violation, upon any of the
following grounds:
(1) (Blank).

HB3711 - 126 - LRB104 09787 AAS 19853 b
(2) (Blank).
(3) A plea of guilty or nolo contendere, finding of
guilt, jury verdict, or entry of judgment or sentencing,
including, but not limited to, convictions, preceding
sentences of supervision, conditional discharge, or first
offender probation, under the laws of any jurisdiction of
the United States of any crime that is a felony.
(4) Gross negligence in practice under this Act.
(5) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(6) Obtaining any fee by fraud, deceit, or
misrepresentation.
(7) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, of alcohol, or of
any other substances which results in the inability to
practice with reasonable judgment, skill, or safety.
(8) Practicing under a false or, except as provided by
law, an assumed name.
(9) Fraud or misrepresentation in applying for, or
procuring, a license under this Act or in connection with
applying for renewal of a license under this Act.
(10) Making a false or misleading statement regarding
their skill or the efficacy or value of the medicine,
treatment, or remedy prescribed by them at their direction
in the treatment of any disease or other condition of the

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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, or doctor of chiropractic, a
certified copy of the record of the action taken by the
other state or jurisdiction being prima facie evidence
thereof. This includes any adverse action taken by a State
or federal agency that prohibits a medical doctor, doctor
of osteopathy, doctor of osteopathic medicine, or doctor
of chiropractic from providing services to the agency's
participants.
(13) Violation of any provision of this Act or of the
Medical Practice Act prior to the repeal of that Act, or
violation of the rules, or a final administrative action
of the Secretary, after consideration of the
recommendation of the Medical Board.
(14) Violation of the prohibition against fee
splitting in Section 22.2 of this Act.
(15) A finding by the Medical Board that the
registrant after having his or her license placed on
probationary status or subjected to conditions or
restrictions violated the terms of the probation or failed
to comply with such terms or conditions.

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(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) Willfully making or filing false records or
reports in his or her practice as a physician, including,
but not limited to, false records to support claims
against the medical assistance program of the Department
of Healthcare and Family Services (formerly Department of
Public Aid) under the Illinois Public Aid Code.
(22) Willful omission to file or record, or willfully

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

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(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 attempting to subvert the
licensing examinations administered under this Act.
(30) Willfully or negligently violating the
confidentiality between physician and patient except as
required by law.
(31) The use of any false, fraudulent, or deceptive
statement in any document connected with practice under
this Act.
(32) Aiding and abetting an individual not licensed
under this Act in the practice of a profession licensed
under this Act.
(33) Violating State or federal laws or regulations
relating to controlled substances, legend drugs, or
ephedra as defined in the Ephedra Prohibition Act.
(34) Failure to report to the Department any adverse
final action taken against them by another licensing
jurisdiction (any other state or any territory of the
United States or any foreign state or country), by any
peer review body, by any health care institution, by any

HB3711 - 131 - LRB104 09787 AAS 19853 b
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, or doctor of chiropractic in another state or
jurisdiction, or surrender of membership on any medical
staff or in any medical or professional association or
society, while under disciplinary investigation by any of
those authorities or bodies, for acts or conduct similar
to acts or conduct which would constitute grounds for
action as defined in this Section.
(36) Failure to report to the Department any adverse
judgment, settlement, or award arising from a liability
claim related to acts or conduct similar to acts or
conduct which would constitute grounds for action as
defined in this Section.
(37) Failure to provide copies of medical records as
required by law.
(38) Failure to furnish the Department, its
investigators or representatives, relevant information,
legally requested by the Department after consultation
with the Chief Medical Coordinator or the Deputy Medical

HB3711 - 132 - LRB104 09787 AAS 19853 b
Coordinator.
(39) Violating the Health Care Worker Self-Referral
Act.
(40) (Blank).
(41) Failure to establish and maintain records of
patient care and treatment as required by this law.
(42) Entering into an excessive number of written
collaborative agreements with licensed advanced practice
registered nurses resulting in an inability to adequately
collaborate.
(43) Repeated failure to adequately collaborate with a
licensed advanced practice registered nurse.
(44) Violating the Compassionate Use of Medical
Cannabis Program Act.
(45) Entering into an excessive number of written
collaborative agreements with licensed prescribing
psychologists resulting in an inability to adequately
collaborate.
(46) Repeated failure to adequately collaborate with a
licensed prescribing psychologist.
(47) Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act.
(48) Being named as an abuser in a verified report by
the Department on Aging under the Adult Protective

HB3711 - 133 - LRB104 09787 AAS 19853 b
Services Act, and upon proof by clear and convincing
evidence that the licensee abused, neglected, or
financially exploited an eligible adult as defined in the
Adult Protective Services Act.
(49) Entering into an excessive number of written
collaborative agreements with licensed physician
assistants resulting in an inability to adequately
collaborate.
(50) Repeated failure to adequately collaborate with a
physician assistant.
(51) Failure to report actual or alleged reportable
misconduct or an investigation related to actual or
alleged reportable misconduct in accordance with Section
2105-390 of the Department of Professional Regulation Law
of the Civil Administrative Code of Illinois.
(B) All proceedings to take disciplinary action as the
Department may deem proper regarding a license must be
commenced within 5 years after receipt of a complaint received
by the Department alleging the commission of or notice of the
conviction order for any of the violations provided in this
Section. No action shall be commenced more than 10 years after
the date of the incident or act alleged to have violated this
Section. Paragraphs (8), (9), and (29) are exempt from this
10-year limitation. 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

HB3711 - 134 - LRB104 09787 AAS 19853 b
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 be
exempt from the 10-year limitation and shall have 5 years from
receipt of the report under Section 23 of this Act in which to
investigate and commence formal disciplinary proceedings under
Section 36 of this Act, except as otherwise provided by law.
Paragraph (26) is exempt from the 5-year and 10-year
limitations, including 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. Except
for actions involving the ground numbered (26), all
proceedings to suspend, revoke, place on probationary status,
or take any other disciplinary action as the Department may
deem proper, with regard to a license on any of the foregoing
grounds, must be commenced within 5 years next after receipt
by the Department of a complaint alleging the commission of or
notice of the conviction order for any of the acts described
herein. Except for the grounds numbered (8), (9), (26), and
(29), no action shall be commenced more than 10 years after the
date of the incident or act alleged to have violated this
Section. For actions involving the ground numbered (26), a
pattern of practice or other behavior includes all incidents
alleged to be part of the pattern of practice or other behavior
that occurred, or a report pursuant to Section 23 of this Act

HB3711 - 135 - LRB104 09787 AAS 19853 b
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.
(C) The entry of an order or judgment by any circuit court
establishing that any person holding a license under this Act
is a person in need of mental treatment operates as a
suspension of that license. That person may resume his or her
practice only upon the entry of a Departmental order based
upon a finding by the Medical Board that the person has been
determined to be recovered from mental illness by the court
and upon the Medical Board's recommendation that the person be
permitted to resume his or her practice.
(D) The Department may refuse to issue or take
disciplinary action concerning the license of any person who

HB3711 - 136 - LRB104 09787 AAS 19853 b
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.
(E) The Department, upon the recommendation of the Medical
Board, shall adopt rules which set forth standards to be used
in determining:
(1) (a) when a person will be deemed sufficiently
rehabilitated to warrant the public trust;
(2) (b) what constitutes dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public;
(3) (c) what constitutes immoral conduct in the
commission of any act, including, but not limited to,
commission of an act of sexual misconduct related to the
licensee's practice; and
(4) (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.
(F) In enforcing this Section, the Medical Board, upon a
showing of a possible violation, may compel any individual who
is licensed to practice under this Act or holds a permit to

HB3711 - 137 - LRB104 09787 AAS 19853 b
practice under this Act, or any individual who has applied for
licensure or a permit pursuant to this Act, to submit to a
mental or physical examination and evaluation, or both, which
may include a substance abuse or sexual offender evaluation,
as required by the Medical Board and at the expense of the
Department. The Medical Board shall specifically designate the
examining physician licensed to practice medicine in all of
its branches or, if applicable, the multidisciplinary team
involved in providing the mental or physical examination and
evaluation, or both. The multidisciplinary team shall be led
by a physician licensed to practice medicine in all of its
branches and may consist of one or more or a combination of
physicians licensed to practice medicine in all of its
branches, licensed chiropractic physicians, licensed clinical
psychologists, licensed clinical social workers, licensed
clinical professional counselors, and other professional and
administrative staff. Any examining physician or member of the
multidisciplinary team may require any person ordered to
submit to an examination and evaluation pursuant to this
Section to submit to any additional supplemental testing
deemed necessary to complete any examination or evaluation
process, including, but not limited to, blood testing,
urinalysis, psychological testing, or neuropsychological
testing. The Medical Board or the Department may order the
examining physician or any member of the multidisciplinary
team to provide to the Department or the Medical Board any and

HB3711 - 138 - LRB104 09787 AAS 19853 b
all records, including business records, that relate to the
examination and evaluation, including any supplemental testing
performed. The Medical Board or the Department may order the
examining physician or any member of the multidisciplinary
team to present testimony concerning this examination and
evaluation of the licensee, permit holder, or applicant,
including testimony concerning any supplemental testing or
documents relating to the examination and evaluation. No
information, report, record, or other documents in any way
related to the examination and evaluation shall be excluded by
reason of any common law or statutory privilege relating to
communication between the licensee, permit holder, or
applicant and the examining physician or any member of the
multidisciplinary team. No authorization is necessary from the
licensee, permit holder, or applicant ordered to undergo an
evaluation and examination for the examining physician or any
member of the multidisciplinary team to provide information,
reports, records, or other documents or to provide any
testimony regarding the examination and evaluation. The
individual to be examined may have, at his or her own expense,
another physician of his or her choice present during all
aspects of the examination. Failure of any individual to
submit to mental or physical examination and evaluation, or
both, when directed, shall result in an automatic suspension,
without hearing, until such time as the individual submits to
the examination. If the Medical Board finds a physician unable

HB3711 - 139 - LRB104 09787 AAS 19853 b
to practice following an examination and evaluation because of
the reasons set forth in this Section, the Medical Board shall
require such physician to submit to care, counseling, or
treatment by physicians, or other health care professionals,
approved or designated by the Medical Board, as a condition
for issued, continued, reinstated, or renewed licensure to
practice. Any physician, whose license was granted pursuant to
Section 9, 17, or 19 of this Act, or, continued, reinstated,
renewed, disciplined, or supervised, subject to such terms,
conditions, or restrictions who shall fail to comply with such
terms, conditions, or restrictions, or to complete a required
program of care, counseling, or treatment, as determined by
the Chief Medical Coordinator or Deputy Medical Coordinators,
shall be referred to the Secretary for a determination as to
whether the licensee shall have his or her license suspended
immediately, pending a hearing by the Medical Board. In
instances in which the Secretary immediately suspends a
license under this Section, a hearing upon such person's
license must be convened by the Medical Board within 15 days
after such suspension and completed without appreciable delay.
The Medical Board shall have the authority to review the
subject physician's record of treatment and counseling
regarding the impairment, to the extent permitted by
applicable federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act, affected under this

HB3711 - 140 - LRB104 09787 AAS 19853 b
Section, shall be afforded an opportunity to demonstrate to
the Medical Board that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
The Medical Board, in determining mental capacity of an
individual licensed under this Act, shall consider the latest
recommendations of the Federation of State Medical Boards.
(G) The Department may promulgate rules for the imposition
of fines in disciplinary cases, not to exceed $10,000 for each
violation of this Act. Fines may be imposed in conjunction
with other forms of disciplinary action, but shall not be the
exclusive disposition of any disciplinary action arising out
of conduct resulting in death or injury to a patient. Any funds
collected from such fines shall be deposited in the Illinois
State Medical Disciplinary Fund.
(H) 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.
(I) (B) The Department shall revoke the license or permit
issued under this Act to practice medicine of 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

HB3711 - 141 - LRB104 09787 AAS 19853 b
Public Aid Code. A person whose license or permit is revoked
under this subsection (I) B shall be prohibited from
practicing medicine or treating human ailments without the use
of drugs and without operative surgery.
(J) (C) The Department shall not revoke, suspend, place on
probation, reprimand, refuse to issue or renew, or take any
other disciplinary or non-disciplinary action against the
license or permit issued under this Act to practice medicine
to a physician:
(1) based solely upon the recommendation of the
physician to an eligible patient regarding, or
prescription for, or treatment with, an investigational
drug, biological product, or device;
(2) for experimental treatment for Lyme disease or
other tick-borne diseases, including, but not limited to,
the prescription of or treatment with long-term
antibiotics;
(3) based solely upon the physician providing,
authorizing, recommending, aiding, assisting, referring
for, or otherwise participating in any health care
service, so long as the care was not unlawful under the
laws of this State, regardless of whether the patient was
a resident of this State or another state; or
(4) based upon the physician's license being revoked
or suspended, or the physician being otherwise disciplined
by any other state, if that revocation, suspension, or

HB3711 - 142 - LRB104 09787 AAS 19853 b
other form of discipline was based solely on the physician
violating another state's laws prohibiting the provision
of, authorization of, recommendation of, aiding or
assisting in, referring for, or participation in any
health care service if that health care service as
provided would not have been unlawful under the laws of
this State and is consistent with the standards of conduct
for the physician if it occurred in Illinois.
(K) (D) (Blank).
(L) (E) The conduct specified in subsection (J) (C) shall
not trigger reporting requirements under Section 23,
constitute grounds for suspension under Section 25, or be
included on the physician's profile required under Section 10
of the Patients' Right to Know Act.
(M) (F) An applicant seeking licensure, certification, or
authorization pursuant to this Act and who has been subject to
disciplinary action by a duly authorized professional
disciplinary agency of another jurisdiction solely on the
basis of having provided, authorized, recommended, aided,
assisted, referred for, or otherwise participated in health
care shall not be denied such licensure, certification, or
authorization, unless the Department determines that the
action would have constituted reportable professional
misconduct in this State; however, nothing in this Section
shall be construed as prohibiting the Department from
evaluating the conduct of the applicant and making a

HB3711 - 143 - LRB104 09787 AAS 19853 b
determination regarding the licensure, certification, or
authorization to practice a profession under this Act.
(N) (G) The Department may adopt rules to implement,
administer, and enforce this Section the changes made by this
amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-20, eff. 1-1-22; 102-558, eff. 8-20-21;
102-813, eff. 5-13-22; 102-1117, eff. 1-13-23; 103-442, eff.
1-1-24; revised 10-22-24.)
(225 ILCS 60/23) (from Ch. 111, par. 4400-23)
(Section scheduled to be repealed on January 1, 2027)
Sec. 23. Reports relating to professional conduct and
capacity.
(A) Entities required to report.
(1) Health care institutions. The chief administrator
or executive officer of any health care institution
licensed by the Illinois Department of Public Health shall
report to the Medical Board when any person's clinical
privileges are terminated or are restricted based on a
final determination made in accordance with that
institution's by-laws or rules and regulations that a
person has either committed an act or acts which may
directly threaten patient care or that a person may have a
mental or physical disability that may endanger patients
under that person's care. Such officer also shall report
if a person accepts voluntary termination or restriction

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of clinical privileges in lieu of formal action based upon
conduct related directly to patient care or in lieu of
formal action seeking to determine whether a person may
have a mental or physical disability that may endanger
patients under that person's care. The Medical Board
shall, by rule, provide for the reporting to it by health
care institutions of all instances in which a person,
licensed under this Act, who is impaired by reason of age,
drug or alcohol abuse or physical or mental impairment, is
under supervision and, where appropriate, is in a program
of rehabilitation. Such reports shall be strictly
confidential and may be reviewed and considered only by
the members of the Medical Board, or by authorized staff
as provided by rules of the Medical Board. Provisions
shall be made for the periodic report of the status of any
such person not less than twice annually in order that the
Medical Board shall have current information upon which to
determine the status of any such person. Such initial and
periodic reports of impaired physicians shall not be
considered records within the meaning of the State Records
Act and shall be disposed of, following a determination by
the Medical Board that such reports are no longer
required, in a manner and at such time as the Medical Board
shall determine by rule. The filing of such reports shall
be construed as the filing of a report for purposes of
subsection (C) of this Section. Such health care

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institution shall not take any adverse action, including,
but not limited to, restricting or terminating any
person's clinical privileges, as a result of an adverse
action against a person's license or clinical privileges
or other disciplinary action by another state or health
care institution that resulted from the person's provision
of, authorization of, recommendation of, aiding or
assistance with, referral for, or participation in any
health care service if the adverse action was based solely
on a violation of the other state's law prohibiting the
provision of such health care and related services in the
state or for a resident of the state if that health care
service would not have been unlawful under the laws of
this State and is consistent with the standards of conduct
for physicians practicing in Illinois.
(1.5) Clinical training programs. The program director
of any post-graduate clinical training program shall
report to the Medical Board if a person engaged in a
post-graduate clinical training program at the
institution, including, but not limited to, a residency or
fellowship, separates from the program for any reason
prior to its conclusion. The program director shall
provide all documentation relating to the separation if,
after review of the report, the Medical Board determines
that a review of those documents is necessary to determine
whether a violation of this Act occurred.

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(2) Professional associations. The President or chief
executive officer of any association or society, of
persons licensed under this Act, operating within this
State shall report to the Medical Board when the
association or society renders a final determination that
a person has committed unprofessional conduct related
directly to patient care or that a person may have a mental
or physical disability that may endanger patients under
that person's care.
(3) Professional liability insurers. Every insurance
company which offers policies of professional liability
insurance to persons licensed under this Act, or any other
entity which seeks to indemnify the professional liability
of a person licensed under this Act, shall report to the
Medical Board the settlement of any claim or cause of
action, or final judgment rendered in any cause of action,
which alleged negligence in the furnishing of medical care
by such licensed person when such settlement or final
judgment is in favor of the plaintiff. Such insurance
company shall not take any adverse action, including, but
not limited to, denial or revocation of coverage, or rate
increases, against a person licensed under this Act with
respect to coverage for services provided in the State if
based solely on the person providing, authorizing,
recommending, aiding, assisting, referring for, or
otherwise participating in health care services in this

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State in violation of another state's law, or a revocation
or other adverse action against the person's license in
another state for violation of such law if that health
care service as provided would have been lawful and
consistent with the standards of conduct for physicians if
it occurred in the State. Notwithstanding this provision,
it is against public policy to require coverage for an
illegal action.
(4) State's Attorneys. The State's Attorney of each
county shall report to the Medical Board, within 5 days,
any instances in which a person licensed under this Act is
convicted of any felony or Class A misdemeanor.
(5) State agencies. All agencies, boards, commissions,
departments, or other instrumentalities of the government
of the State of Illinois shall report to the Medical Board
any instance arising in connection with the operations of
such agency, including the administration of any law by
such agency, in which a person licensed under this Act has
either committed an act or acts which may be a violation of
this Act or which may constitute unprofessional conduct
related directly to patient care or which indicates that a
person licensed under this Act may have a mental or
physical disability that may endanger patients under that
person's care.
(B) Mandatory reporting. All reports required by items
(34), (35), and (36) of subsection (A) of Section 22 and by

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Section 23 shall be submitted to the Medical Board in a timely
fashion. Unless otherwise provided in this Section, the
reports shall be filed in writing within 60 days after a
determination that a report is required under this Act. All
reports shall contain the following information:
(1) The name, address and telephone number of the
person making the report.
(2) The name, address and telephone number of the
person who is the subject of the report.
(3) The name and date of birth of any patient or
patients whose treatment is a subject of the report, if
available, or other means of identification if such
information is not available, identification of the
hospital or other healthcare facility where the care at
issue in the report was rendered, provided, however, no
medical records may be revealed.
(4) A brief description of the facts which gave rise
to the issuance of the report, including the dates of any
occurrences deemed to necessitate the filing of the
report.
(5) If court action is involved, the identity of the
court in which the action is filed, along with the docket
number and date of filing of the action.
(6) Any further pertinent information which the
reporting party deems to be an aid in the evaluation of the
report.

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The Medical Board or Department may also exercise the
power under Section 38 of this Act to subpoena copies of
hospital or medical records in mandatory report cases alleging
death or permanent bodily injury. Appropriate rules shall be
adopted by the Department with the approval of the Medical
Board.
When the Department has received written reports
concerning incidents required to be reported in items (34),
(35), and (36) of subsection (A) of Section 22, the licensee's
failure to report the incident to the Department under those
items shall not be the sole grounds for disciplinary action.
Nothing contained in this Section shall act to, in any
way, waive or modify the confidentiality of medical reports
and committee reports to the extent provided by law. Any
information reported or disclosed shall be kept for the
confidential use of the Medical Board, the Medical
Coordinators, the Medical Board's attorneys, the medical
investigative staff, and authorized clerical staff, as
provided in this Act, and shall be afforded the same status as
is provided information concerning medical studies in Part 21
of Article VIII of the Code of Civil Procedure, except that the
Department may disclose information and documents to a
federal, State, or local law enforcement agency pursuant to a
subpoena in an ongoing criminal investigation or to a health
care licensing body or medical licensing authority of this
State or another state or jurisdiction pursuant to an official

HB3711 - 150 - LRB104 09787 AAS 19853 b
request made by that licensing body or medical licensing
authority. Furthermore, information and documents disclosed to
a federal, State, or local law enforcement agency may be used
by that agency only for the investigation and prosecution of a
criminal offense, or, in the case of disclosure to a health
care licensing body or medical licensing authority, only for
investigations and disciplinary action proceedings with regard
to a license. Information and documents disclosed to the
Department of Public Health may be used by that Department
only for investigation and disciplinary action regarding the
license of a health care institution licensed by the
Department of Public Health.
(C) Immunity from prosecution. Any individual or
organization acting in good faith, and not in a willful wilful
and wanton manner, in complying with this Act by providing any
report or other information to the Medical Board or a peer
review committee, or assisting in the investigation or
preparation of such information, or by voluntarily reporting
to the Medical Board or a peer review committee information
regarding alleged errors or negligence by a person licensed
under this Act, or by participating in proceedings of the
Medical Board or a peer review committee, or by serving as a
member of the Medical Board or a peer review committee, shall
not, as a result of such actions, be subject to criminal
prosecution or civil damages.
(D) Indemnification. Members of the Medical Board, the

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Medical Coordinators, the Medical Board's attorneys, the
medical investigative staff, physicians retained under
contract to assist and advise the medical coordinators in the
investigation, and authorized clerical staff shall be
indemnified by the State for any actions occurring within the
scope of services on the Medical Board, done in good faith and
not willful wilful and wanton in nature. The Attorney General
shall defend all such actions unless he or she determines
either that there would be a conflict of interest in such
representation or that the actions complained of were not in
good faith or were willful wilful and wanton.
Should the Attorney General decline representation, the
member shall have the right to employ counsel of his or her
choice, whose fees shall be provided by the State, after
approval by the Attorney General, unless there is a
determination by a court that the member's actions were not in
good faith or were willful wilful and wanton.
The member must notify the Attorney General within 7 days
of receipt of notice of the initiation of any action involving
services of the Medical Board. Failure to so notify the
Attorney General shall constitute an absolute waiver of the
right to a defense and indemnification.
The Attorney General shall determine within 7 days after
receiving such notice, whether he or she will undertake to
represent the member.
(E) Deliberations of Medical Board. Upon the receipt of

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any report called for by this Act, other than those reports of
impaired persons licensed under this Act required pursuant to
the rules of the Medical Board, the Medical Board shall notify
in writing, by mail or email, the person who is the subject of
the report. Such notification shall be made within 30 days of
receipt by the Medical Board of the report.
The notification shall include a written notice setting
forth the person's right to examine the report. Included in
such notification shall be the address at which the file is
maintained, the name of the custodian of the reports, and the
telephone number at which the custodian may be reached. The
person who is the subject of the report shall submit a written
statement responding, clarifying, adding to, or proposing the
amending of the report previously filed. The person who is the
subject of the report shall also submit with the written
statement any medical records related to the report. The
statement and accompanying medical records shall become a
permanent part of the file and must be received by the Medical
Board no more than 30 days after the date on which the person
was notified by the Medical Board of the existence of the
original report.
The Medical Board shall review all reports received by it,
together with any supporting information and responding
statements submitted by persons who are the subject of
reports. The review by the Medical Board shall be in a timely
manner but in no event, shall the Medical Board's initial

HB3711 - 153 - LRB104 09787 AAS 19853 b
review of the material contained in each disciplinary file be
less than 61 days nor more than 180 days after the receipt of
the initial report by the Medical Board.
When the Medical Board makes its initial review of the
materials contained within its disciplinary files, the Medical
Board shall, in writing, make a determination as to whether
there are sufficient facts to warrant further investigation or
action. Failure to make such determination within the time
provided shall be deemed to be a determination that there are
not sufficient facts to warrant further investigation or
action.
Should the Medical Board find that there are not
sufficient facts to warrant further investigation, or action,
the report shall be accepted for filing and the matter shall be
deemed closed and so reported to the Secretary. The Secretary
shall then have 30 days to accept the Medical Board's decision
or request further investigation. The Secretary shall inform
the Medical Board of the decision to request further
investigation, including the specific reasons for the
decision. The individual or entity filing the original report
or complaint and the person who is the subject of the report or
complaint shall be notified in writing by the Secretary of any
final action on their report or complaint. The Department
shall disclose to the individual or entity who filed the
original report or complaint, on request, the status of the
Medical Board's review of a specific report or complaint. Such

HB3711 - 154 - LRB104 09787 AAS 19853 b
request may be made at any time, including prior to the Medical
Board's determination as to whether there are sufficient facts
to warrant further investigation or action.
(F) Summary reports. The Medical Board shall prepare, on a
timely basis, but in no event less than once every other month,
a summary report of final disciplinary actions taken upon
disciplinary files maintained by the Medical Board. The
summary reports shall be made available to the public upon
request and payment of the fees set by the Department. This
publication may be made available to the public on the
Department's website. Information or documentation relating to
any disciplinary file that is closed without disciplinary
action taken shall not be disclosed and shall be afforded the
same status as is provided by Part 21 of Article VIII of the
Code of Civil Procedure.
(G) Any violation of this Section shall be a Class A
misdemeanor.
(H) If any such person violates the provisions of this
Section an action may be brought in the name of the People of
the State of Illinois, through the Attorney General of the
State of Illinois, for an order enjoining such violation or
for an order enforcing compliance with this Section. Upon
filing of a verified petition in such court, the court may
issue a temporary restraining order without notice or bond and
may preliminarily or permanently enjoin such violation, and if
it is established that such person has violated or is

HB3711 - 155 - LRB104 09787 AAS 19853 b
violating the injunction, the court may punish the offender
for contempt of court. Proceedings under this paragraph shall
be in addition to, and not in lieu of, all other remedies and
penalties provided for by this Section.
(I) The Department may adopt rules to implement,
administer, and enforce this Section the changes made by this
amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-20, eff. 1-1-22; 102-687, eff. 12-17-21;
102-1117, eff. 1-13-23.)
Section 75. The Naprapathic Practice Act is amended by
changing Section 110 as follows:
(225 ILCS 63/110)
(Section scheduled to be repealed on January 1, 2028)
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) Making a material misstatement in furnishing

HB3711 - 156 - LRB104 09787 AAS 19853 b
information to the Department or otherwise making
misleading, deceptive, untrue, or fraudulent
representations in violation of this Act or otherwise in
the practice of the profession.
(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

HB3711 - 157 - LRB104 09787 AAS 19853 b
defined in law as controlled substances, alcohol, or any
other substance which results in the inability to practice
with reasonable judgment, skill, or safety.
(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

HB3711 - 158 - LRB104 09787 AAS 19853 b
fees for services rendered.
(13) Using the title "Doctor" or its abbreviation
without further clarifying that title or abbreviation with
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

HB3711 - 159 - LRB104 09787 AAS 19853 b
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.
(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

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unless authorized to do so by State law.
(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
Department.
(34) (Blank).
(35) Gross or willful overcharging for professional

HB3711 - 161 - LRB104 09787 AAS 19853 b
services.
(36) (Blank).
(37) Failure to report actual or alleged reportable
misconduct or an investigation related to actual or
alleged reportable misconduct in accordance with Section
2105-390 of the Department of Professional Regulation Law
of the Civil Administrative Code of Illinois.
All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the
fine, unless an alternate payment schedule has been agreed
upon in writing.
(b) A person not licensed under this Act and engaged in the
business of offering naprapathy services through others, shall
not aid, abet, assist, procure, advise, employ, or contract
with any unlicensed person to practice naprapathy contrary to
any rules or provisions of this Act. A person violating this
subsection (b) shall be treated as a licensee for the purposes
of disciplinary action under this Section and shall be subject
to cease and desist orders as provided in Section 90 of this
Act.
(b-5) The Department may refuse to issue or may suspend
the license of any person who fails to file a tax return, to
pay the tax, penalty, or interest shown in a filed tax return,
or to pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Department of
Revenue, until the requirements of the tax Act are satisfied

HB3711 - 162 - LRB104 09787 AAS 19853 b
in accordance with subsection (g) of Section 2105-15 of the
Civil Administrative Code of Illinois.
(c) (Blank).
(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 and upon the Board's recommendation to the Department
that the license be restored. Where the circumstances so
indicate, the Board may recommend to the Department that it
require an examination prior to restoring a suspended license.

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(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,
or both, as required by and at the expense of the Department.
The Department or Board may order the examining physician to
present testimony concerning the mental or physical
examination of the licensee or applicant. No information shall
be excluded by reason of any common law or statutory privilege
relating to communications between the licensee or applicant
and the examining physician. The examining physicians shall be
specifically designated by the Board or Department. The
individual to be examined may have, at his or her own expense,
another physician of his or her choice present during all
aspects of this examination. The examination shall be
performed by a physician under the Medical Practice Act of
1987. Failure of an individual to submit to a mental or
physical examination, when directed, shall result in an
automatic suspension without hearing.
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

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approved or 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 and the Board shall have the authority
to review the subject individual's record of treatment and
counseling regarding the impairment to the extent permitted by
applicable federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this 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. 102-880, eff. 1-1-23.)
Section 80. The Licensed Certified Professional Midwife
Practice Act is amended by changing Section 100 as follows:
(225 ILCS 64/100)
(Section scheduled to be repealed on January 1, 2027)
Sec. 100. Grounds for disciplinary action.
(a) The Department may refuse to issue or to renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action with regard to any
license issued under this Act as the Department may deem
proper, including the issuance of fines not to exceed $10,000
for each violation, for any one or combination of the
following causes:
(1) Material misstatement in furnishing information to
the Department.
(2) Violations of this Act, or the rules adopted under
this Act.
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or
sentencing, including, but not limited to, convictions,
preceding sentences of supervision, conditional discharge,
or first offender probation, under the laws of any
jurisdiction of the United States that is: (i) a felony;
or (ii) a misdemeanor, an essential element of which is

HB3711 - 166 - LRB104 09787 AAS 19853 b
dishonesty, or that is directly related to the practice of
the profession.
(4) Making any misrepresentation for the purpose of
obtaining licenses.
(5) Professional incompetence.
(6) Aiding or assisting another person in violating
any provision of this Act or its rules.
(7) Failing, within 60 days, to provide information in
response to a written request made by the Department.
(8) Engaging in dishonorable, unethical, or
unprofessional conduct, as defined by rule, of a character
likely to deceive, defraud, or harm the public.
(9) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that results in a midwife's inability to practice with
reasonable judgment, skill, or safety.
(10) Discipline by another U.S. jurisdiction or
foreign nation, if at least one of the grounds for
discipline is the same or substantially equivalent to
those set forth in this Section.
(11) Directly or indirectly giving to or receiving
from any person, firm, corporation, partnership, or
association any fee, commission, rebate or other form of
compensation for any professional services not actually or
personally rendered. Nothing in this paragraph affects any
bona fide independent contractor or employment

HB3711 - 167 - LRB104 09787 AAS 19853 b
arrangements, including provisions for compensation,
health insurance, pension, or other employment benefits,
with persons or entities authorized under this Act for the
provision of services within the scope of the licensee's
practice under this Act.
(12) A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation.
(13) Abandonment of a patient.
(14) Willfully making or filing false records or
reports in his or her practice, including, but not limited
to, false records filed with state agencies or
departments.
(15) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(16) Physical illness, or mental illness or impairment
that results in the inability to practice the profession
with reasonable judgment, skill, or safety, including, but
not limited to, deterioration through the aging process or
loss of motor skill.
(17) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or

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neglected child as defined in the Abused and Neglected
Child Reporting Act.
(18) Gross negligence resulting in permanent injury or
death of a patient.
(19) Employment of fraud, deception, or any unlawful
means in applying for or securing a license as a licensed
certified professional midwife.
(21) Immoral conduct in the commission of any act,
including sexual abuse, sexual misconduct, or sexual
exploitation related to the licensee's practice.
(22) Violation of the Health Care Worker Self-Referral
Act.
(23) Practicing under a false or assumed name, except
as provided by law.
(24) Making a false or misleading statement regarding
his or her skill or the efficacy or value of the medicine,
treatment, or remedy prescribed by him or her in the
course of treatment.
(25) Allowing another person to use his or her license
to practice.
(26) Prescribing, selling, administering,
distributing, giving, or self-administering a drug
classified as a controlled substance for purposes other
than medically accepted therapeutic purposes.
(27) Promotion of the sale of drugs, devices,
appliances, or goods provided for a patient in a manner to

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exploit the patient for financial gain.
(28) A pattern of practice or other behavior that
demonstrates incapacity or incompetence to practice under
this Act.
(29) Violating State or federal laws, rules, or
regulations relating to controlled substances or other
legend drugs or ephedra as defined in the Ephedra
Prohibition Act.
(30) Failure to establish and maintain records of
patient care and treatment as required by law.
(31) Attempting to subvert or cheat on the examination
of the North American Registry of Midwives or its
successor agency.
(32) Willfully or negligently violating the
confidentiality between licensed certified professional
midwives and patient, except as required by law.
(33) Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act.
(34) Being named as an abuser in a verified report by
the Department on Aging under the Adult Protective
Services Act and upon proof by clear and convincing
evidence that the licensee abused, neglected, or
financially exploited an eligible adult as defined in the
Adult Protective Services Act.

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(35) Failure to report to the Department an adverse
final action taken against him or her by another licensing
jurisdiction of the United States or a foreign state or
country, a peer review body, a health care institution, a
professional society or association, a governmental
agency, a law enforcement agency, or a court.
(36) Failure to provide copies of records of patient
care or treatment, except as required by law.
(37) Failure of a licensee to report to the Department
surrender by the licensee of a license or authorization to
practice in another state or jurisdiction or current
surrender by the licensee of membership professional
association or society while under disciplinary
investigation by any of those authorities or bodies for
acts or conduct similar to acts or conduct that would
constitute grounds for action under this Section.
(38) Failing, within 90 days, to provide a response to
a request for information in response to a written request
made by the Department by certified or registered mail or
by email to the email address of record.
(39) Failure to supervise a midwife assistant or
student midwife including, but not limited to, allowing a
midwife assistant or student midwife to exceed their
scope.
(40) Failure to adequately inform a patient about
their malpractice liability insurance coverage and the

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policy limits of the coverage.
(41) Failure to submit an annual report to the
Department of Public Health.
(42) Failure to disclose active cardiopulmonary
resuscitation certification or neonatal resuscitation
provider status to clients.
(43) Engaging in one of the prohibited practices
provided for in Section 85 of this Act.
(44) Failure to report actual or alleged reportable
misconduct or an investigation related to actual or
alleged reportable misconduct in accordance with Section
2105-390 of the Department of Professional Regulation Law
of the Civil Administrative Code of Illinois.
(b) The Department may, without a hearing, refuse to issue
or renew or may suspend the license of any person who fails to
file a return, or to pay the tax, penalty, or interest shown in
a filed return, or to pay any final assessment of the tax,
penalty, or interest as required by any tax Act administered
by the Department of Revenue, until the requirements of any
such tax Act are satisfied.
(c) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. The suspension will
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission

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and issues an order so finding and discharging the patient,
and upon the recommendation of the Board to the Secretary that
the licensee be allowed to resume his or her practice.
(d) In enforcing this Section, the Department, upon a
showing of a possible violation, may compel an individual
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, including a substance abuse or sexual
offender evaluation, as required by and at the expense of the
Department.
The Department shall specifically designate the examining
physician licensed to practice medicine in all of its branches
or, if applicable, the multidisciplinary team involved in
providing the mental or physical examination or both. The
multidisciplinary team shall be led by a physician licensed to
practice medicine in all of its branches and may consist of one
or more or a combination of physicians licensed to practice
medicine in all of its branches, licensed clinical
psychologists, licensed clinical social workers, licensed
clinical professional counselors, and other professional and
administrative staff. Any examining physician or member of the
multidisciplinary team may require any person ordered to
submit to an examination pursuant to this Section to submit to
any additional supplemental testing deemed necessary to
complete any examination or evaluation process, including, but
not limited to, blood testing, urinalysis, psychological

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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 mental or physical examination of the licensee
or applicant. No information, report, record, or other
documents in any way related to the examination shall be
excluded by reason of any common law or statutory privilege
relating to communications between the licensee or applicant
and the examining physician or any member of the
multidisciplinary team. No authorization is necessary from the
licensee or applicant ordered to undergo an examination for
the examining physician or any member of the multidisciplinary
team to provide information, reports, records, or other
documents or to provide any testimony regarding the
examination and evaluation.
The individual to be examined may have, at his or her own
expense, another physician of his or her choice present during
all aspects of this examination. However, that physician shall
be present only to observe and may not interfere in any way
with the examination.
Failure of an individual to submit to a mental or physical

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examination, when ordered, shall result in an automatic
suspension of his or her license until the individual submits
to the examination.
If the Department finds an individual unable to practice
because of the reasons set forth in this Section, the
Department may require that individual to submit to care,
counseling, or treatment by physicians approved or designated
by the Department, as a condition, term, or restriction for
continued, reinstated, or renewed licensure to practice; or,
in lieu of care, counseling, or treatment, the Department may
file a complaint to immediately suspend, revoke, or otherwise
discipline the license of the individual. An individual whose
license was granted, continued, reinstated, renewed,
disciplined, or supervised subject to such terms, conditions,
or restrictions, and who fails to comply with such terms,
conditions, or restrictions, shall be referred to the
Secretary for a determination as to whether the individual
shall have his or her license suspended immediately, pending a
hearing by the Department.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that
person's license must be convened by the Department within 30
days after the suspension and completed without appreciable
delay. The Department shall have the authority to review the
subject individual's record of treatment and counseling
regarding the impairment to the extent permitted by applicable

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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.
(Source: P.A. 102-683, eff. 10-1-22; 103-605, eff. 7-1-24.)
Section 85. The Nurse Practice Act is amended by changing
Sections 65-65 and 70-5 as follows:
(225 ILCS 65/65-65) (was 225 ILCS 65/15-55)
(Section scheduled to be repealed on January 1, 2028)
Sec. 65-65. Reports relating to APRN professional conduct
and capacity.
(a) Entities Required to Report.
(1) Health Care Institutions. The chief administrator
or executive officer of a health care institution licensed
by the Department of Public Health, which provides the
minimum due process set forth in Section 10.4 of the
Hospital Licensing Act, shall report to the Board when an
advanced practice registered nurse's organized
professional staff clinical privileges are terminated or
are restricted based on a final determination, in
accordance with that institution's bylaws or rules and

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regulations, that (i) a person has either committed an act
or acts that may directly threaten patient care and that
are not of an administrative nature or (ii) that a person
may have a mental or physical disability that may endanger
patients under that person's care. The chief administrator
or officer shall also report if an advanced practice
registered nurse accepts voluntary termination or
restriction of clinical privileges in lieu of formal
action based upon conduct related directly to patient care
and not of an administrative nature, or in lieu of formal
action seeking to determine whether a person may have a
mental or physical disability that may endanger patients
under that person's care. The Department shall provide by
rule for the reporting to it of all instances in which a
person licensed under this Article, who is impaired by
reason of age, drug, or alcohol abuse or physical or
mental impairment, is under supervision and, where
appropriate, is in a program of rehabilitation. Reports
submitted under this subsection shall be strictly
confidential and may be reviewed and considered only by
the members of the Board or authorized staff as provided
by rule of the Department. Provisions shall be made for
the periodic report of the status of any such reported
person not less than twice annually in order that the
Board shall have current information upon which to
determine the status of that person. Initial and periodic

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reports of impaired advanced practice registered nurses
shall not be considered records within the meaning of the
State Records Act and shall be disposed of, following a
determination by the Board that such reports are no longer
required, in a manner and at an appropriate time as the
Board shall determine by rule. The filing of reports
submitted under this subsection shall be construed as the
filing of a report for purposes of subsection (c) of this
Section. Such health care institution shall not take any
adverse action, including, but not limited to, restricting
or terminating any person's clinical privileges, as a
result of an adverse action against a person's license or
clinical privileges or other disciplinary action by
another state or health care institution that resulted
from the person's provision of, authorization of,
recommendation of, aiding or assistance with, referral
for, or participation in any health care service if the
adverse action was based solely on a violation of the
other state's law prohibiting the provision of such health
care and related services in the state or for a resident of
the state if that health care service would not have been
unlawful under the laws of this State and is consistent
with the standards of conduct for advanced practice
registered nurses practicing in Illinois.
(2) Professional Associations. The President or chief
executive officer of an association or society of persons

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licensed under this Article, operating within this State,
shall report to the Board when the association or society
renders a final determination that a person licensed under
this Article has committed unprofessional conduct related
directly to patient care or that a person may have a mental
or physical disability that may endanger patients under
the person's care.
(3) Professional Liability Insurers. Every insurance
company that offers policies of professional liability
insurance to persons licensed under this Article, or any
other entity that seeks to indemnify the professional
liability of a person licensed under this Article, shall
report to the Board the settlement of any claim or cause of
action, or final judgment rendered in any cause of action,
that alleged negligence in the furnishing of patient care
by the licensee when the settlement or final judgment is
in favor of the plaintiff. Such insurance company shall
not take any adverse action, including, but not limited
to, denial or revocation of coverage, or rate increases,
against a person licensed under this Act with respect to
coverage for services provided in Illinois if based solely
on the person providing, authorizing, recommending,
aiding, assisting, referring for, or otherwise
participating in health care services this State in
violation of another state's law, or a revocation or other
adverse action against the person's license in another

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state for violation of such law if that health care
service as provided would have been lawful and consistent
with the standards of conduct for registered nurses and
advanced practice registered nurses if it occurred in
Illinois. Notwithstanding this provision, it is against
public policy to require coverage for an illegal action.
(4) State's Attorneys. The State's Attorney of each
county shall report to the Board all instances in which a
person licensed under this Article is convicted or
otherwise found guilty of the commission of a felony.
(5) State Agencies. All agencies, boards, commissions,
departments, or other instrumentalities of the government
of this State shall report to the Board any instance
arising in connection with the operations of the agency,
including the administration of any law by the agency, in
which a person licensed under this Article has either
committed an act or acts that may constitute a violation
of this Article, that may constitute unprofessional
conduct related directly to patient care, or that
indicates that a person licensed under this Article may
have a mental or physical disability that may endanger
patients under that person's care.
(b) Mandatory Reporting. All reports required under items
(16) and (17) of subsection (a) of Section 70-5 shall be
submitted to the Board in a timely fashion. The reports shall
be filed in writing within 30 60 days after a determination

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that a report is required under this Article. All reports
shall contain the following information:
(1) The name, address, and telephone number of the
person making the report.
(2) The name, address, and telephone number of the
person who is the subject of the report.
(3) The name or other means of identification of any
patient or patients whose treatment is a subject of the
report, except that no medical records may be revealed
without the written consent of the patient or patients.
(4) A brief description of the facts that gave rise to
the issuance of the report, including, but not limited to,
the dates of any occurrences deemed to necessitate the
filing of the report.
(5) If court action is involved, the identity of the
court in which the action is filed, the docket number, and
date of filing of the action.
(6) Any further pertinent information that the
reporting party deems to be an aid in the evaluation of the
report.
Nothing contained in this Section shall be construed to in
any way waive or modify the confidentiality of medical reports
and committee reports to the extent provided by law. Any
information reported or disclosed shall be kept for the
confidential use of the Board, the Board's attorneys, the
investigative staff, and authorized clerical staff and shall

HB3711 - 181 - LRB104 09787 AAS 19853 b
be afforded the same status as is provided information
concerning medical studies in Part 21 of Article VIII of the
Code of Civil Procedure.
(c) Immunity from Prosecution. An individual or
organization acting in good faith, and not in a willful and
wanton manner, in complying with this Section by providing a
report or other information to the Board, by assisting in the
investigation or preparation of a report or information, by
participating in proceedings of the Board, or by serving as a
member of the Board shall not, as a result of such actions, be
subject to criminal prosecution or civil damages.
(d) Indemnification. Members of the Board, the Board's
attorneys, the investigative staff, advanced practice
registered nurses or physicians retained under contract to
assist and advise in the investigation, and authorized
clerical staff shall be indemnified by the State for any
actions (i) occurring within the scope of services on the
Board, (ii) performed in good faith, and (iii) not willful and
wanton in nature. The Attorney General shall defend all
actions taken against those persons unless he or she
determines either that there would be a conflict of interest
in the representation or that the actions complained of were
not performed in good faith or were willful and wanton in
nature. If the Attorney General declines representation, the
member shall have the right to employ counsel of his or her
choice, whose fees shall be provided by the State, after

HB3711 - 182 - LRB104 09787 AAS 19853 b
approval by the Attorney General, unless there is a
determination by a court that the member's actions were not
performed in good faith or were willful and wanton in nature.
The member shall notify the Attorney General within 7 days of
receipt of notice of the initiation of an action involving
services of the Board. Failure to so notify the Attorney
General shall constitute an absolute waiver of the right to a
defense and indemnification. The Attorney General shall
determine within 7 days after receiving the notice whether he
or she will undertake to represent the member.
(e) Deliberations of Board. Upon the receipt of a report
called for by this Section, other than those reports of
impaired persons licensed under this Article required pursuant
to the rules of the Board, the Board shall notify in writing by
certified or registered mail or by email to the email address
of record the person who is the subject of the report. The
notification shall be made within 30 days of receipt by the
Board of the report. The notification shall include a written
notice setting forth the person's right to examine the report.
Included in the notification shall be the address at which the
file is maintained, the name of the custodian of the reports,
and the telephone number at which the custodian may be
reached. The person who is the subject of the report shall
submit a written statement responding to, clarifying, adding
to, or proposing to amend the report previously filed. The
statement shall become a permanent part of the file and shall

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be received by the Board no more than 30 days after the date on
which the person was notified of the existence of the original
report. The Board shall review all reports received by it and
any supporting information and responding statements submitted
by persons who are the subject of reports. The review by the
Board shall be in a timely manner but in no event shall the
Board's initial review of the material contained in each
disciplinary file be less than 61 days nor more than 180 days
after the receipt of the initial report by the Board. When the
Board makes its initial review of the materials contained
within its disciplinary files, the Board shall, in writing,
make a determination as to whether there are sufficient facts
to warrant further investigation or action. Failure to make
that determination within the time provided shall be deemed to
be a determination that there are not sufficient facts to
warrant further investigation or action. Should the Board find
that there are not sufficient facts to warrant further
investigation or action, the report shall be accepted for
filing and the matter shall be deemed closed and so reported.
The individual or entity filing the original report or
complaint and the person who is the subject of the report or
complaint shall be notified in writing by the Board of any
final action on their report or complaint.
(f) (Blank).
(g) Any violation of this Section shall constitute a Class
A misdemeanor.

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(h) If a person violates the provisions of this Section,
an action may be brought in the name of the People of the State
of Illinois, through the Attorney General of the State of
Illinois, for an order enjoining the violation or for an order
enforcing compliance with this Section. Upon filing of a
petition in court, the court may issue a temporary restraining
order without notice or bond and may preliminarily or
permanently enjoin the violation, and if it is established
that the person has violated or is violating the injunction,
the court may punish the offender for contempt of court.
Proceedings under this subsection shall be in addition to, and
not in lieu of, all other remedies and penalties provided for
by this Section.
(i) The Department may adopt rules to implement,
administer, and enforce this Section the changes made by this
amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-1117, eff. 1-13-23.)
(225 ILCS 65/70-5) (was 225 ILCS 65/10-45)
(Section scheduled to be repealed on January 1, 2028)
Sec. 70-5. Grounds for disciplinary action.
(a) The Department may refuse to issue or to renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action as the Department may
deem appropriate, including fines not to exceed $10,000 per
violation, with regard to a license for any one or combination

HB3711 - 185 - LRB104 09787 AAS 19853 b
of the causes set forth in subsection (b) below. All fines
collected under this Section shall be deposited in the Nursing
Dedicated and Professional Fund.
(b) Grounds for disciplinary action include the following:
(1) Material deception in furnishing information to
the Department.
(2) Material violations of any provision of this Act
or violation of the rules of or final administrative
action of the Secretary, after consideration of the
recommendation of the Board.
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States: (i)
that is a felony; or (ii) that is a misdemeanor, an
essential element of which is dishonesty, or that is
directly related to the practice of the profession.
(4) A pattern of practice or other behavior which
demonstrates incapacity or incompetency to practice under
this Act.
(5) Knowingly aiding or assisting another person in
violating any provision of this Act or rules.
(6) Failing, within 90 days, to provide a response to
a request for information in response to a written request

HB3711 - 186 - LRB104 09787 AAS 19853 b
made by the Department by certified or registered mail or
by email to the email address of record.
(7) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public, as defined by rule.
(8) Unlawful taking, theft, selling, distributing, or
manufacturing of any drug, narcotic, or prescription
device.
(9) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that could result in a licensee's inability to practice
with reasonable judgment, skill, or safety.
(10) Discipline by another U.S. jurisdiction or
foreign nation, if at least one of the grounds for the
discipline is the same or substantially equivalent to
those set forth in this Section.
(11) A finding that the licensee, after having her or
his license placed on probationary status or subject to
conditions or restrictions, has violated the terms of
probation or failed to comply with such terms or
conditions.
(12) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
and under the Abused and Neglected Child Reporting Act,
and upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or

HB3711 - 187 - LRB104 09787 AAS 19853 b
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(13) Willful omission to file or record, or willfully
impeding the filing or recording or inducing another
person to omit to file or record medical reports as
required by law.
(13.5) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(14) Gross negligence in the practice of practical,
professional, or advanced practice registered nursing.
(15) Holding oneself out to be practicing nursing
under any name other than one's own.
(16) Failure of a licensee to report to the Department
any adverse final action taken against him or her by
another licensing jurisdiction of the United States or any
foreign state or country, any peer review body, any health
care institution, any professional or nursing society or
association, any governmental agency, any law enforcement
agency, or any court or a nursing liability claim related
to acts or conduct similar to acts or conduct that would
constitute grounds for action as defined in this Section.
(17) Failure of a licensee to report to the Department
surrender by the licensee of a license or authorization to
practice nursing or advanced practice registered nursing
in another state or jurisdiction or current surrender by

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the licensee of membership on any nursing staff or in any
nursing or advanced practice registered nursing or
professional association or society while under
disciplinary investigation by any of those authorities or
bodies for acts or conduct similar to acts or conduct that
would constitute grounds for action as defined by this
Section.
(18) Failing, within 60 days, to provide information
in response to a written request made by the Department.
(19) Failure to establish and maintain records of
patient care and treatment as required by law.
(20) Fraud, deceit, or misrepresentation in applying
for or procuring a license under this Act or in connection
with applying for renewal of a license under this Act.
(21) Allowing another person or organization to use
the licensee's license to deceive the public.
(22) Willfully making or filing false records or
reports in the licensee's practice, including, but not
limited to, false records to support claims against the
medical assistance program of the Department of Healthcare
and Family Services (formerly Department of Public Aid)
under the Illinois Public Aid Code.
(23) Attempting to subvert or cheat on a licensing
examination administered under this Act.
(24) Immoral conduct in the commission of an act,
including, but not limited to, sexual abuse, sexual

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misconduct, or sexual exploitation, related to the
licensee's practice.
(25) Willfully or negligently violating the
confidentiality between nurse and patient except as
required by law.
(26) Practicing under a false or assumed name, except
as provided by law.
(27) The use of any false, fraudulent, or deceptive
statement in any document connected with the licensee's
practice.
(28) Directly or indirectly giving to or receiving
from a person, firm, corporation, partnership, or
association a fee, commission, rebate, or other form of
compensation for professional services not actually or
personally rendered. Nothing in this paragraph (28)
affects any bona fide independent contractor or employment
arrangements among health care professionals, health
facilities, health care providers, or other entities,
except as otherwise prohibited by law. Any employment
arrangements may include provisions for compensation,
health insurance, pension, or other employment benefits
for the provision of services within the scope of the
licensee's practice under this Act. Nothing in this
paragraph (28) shall be construed to require an employment
arrangement to receive professional fees for services
rendered.

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(29) A violation of the Health Care Worker
Self-Referral Act.
(30) Physical illness, mental illness, or disability
that results in the inability to practice the profession
with reasonable judgment, skill, or safety.
(31) Exceeding the terms of a collaborative agreement
or the prescriptive authority delegated to a licensee by
his or her collaborating physician or podiatric physician
in guidelines established under a written collaborative
agreement.
(32) Making a false or misleading statement regarding
a licensee's skill or the efficacy or value of the
medicine, treatment, or remedy prescribed by him or her in
the course of treatment.
(33) Prescribing, selling, administering,
distributing, giving, or self-administering a drug
classified as a controlled substance (designated product)
or narcotic for other than medically accepted therapeutic
purposes.
(34) Promotion of the sale of drugs, devices,
appliances, or goods provided for a patient in a manner to
exploit the patient for financial gain.
(35) Violating State or federal laws, rules, or
regulations relating to controlled substances.
(36) Willfully or negligently violating the
confidentiality between an advanced practice registered

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nurse, collaborating physician, dentist, or podiatric
physician and a patient, except as required by law.
(37) Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act.
(38) Being named as an abuser in a verified report by
the Department on Aging and under the Adult Protective
Services Act, and upon proof by clear and convincing
evidence that the licensee abused, neglected, or
financially exploited an eligible adult as defined in the
Adult Protective Services Act.
(39) A violation of any provision of this Act or any
rules adopted under this Act.
(40) Violating the Compassionate Use of Medical
Cannabis Program Act.
(41) Failure to report actual or alleged reportable
misconduct or an investigation related to actual or
alleged reportable misconduct in accordance with Section
2105-390 of the Department of Professional Regulation Law
of the Civil Administrative Code of Illinois.
(b-5) The Department shall not revoke, suspend, summarily
suspend, place on probation, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a registered nurse or an advanced practice

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registered nurse based solely upon the registered nurse or
advanced practice registered nurse providing, authorizing,
recommending, aiding, assisting, referring for, or otherwise
participating in any health care service, so long as the care
was not unlawful under the laws of this State, regardless of
whether the patient was a resident of this State or another
state.
(b-10) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a registered nurse or an advanced practice
registered nurse based upon the registered nurse's or advanced
practice registered nurse's license being revoked or
suspended, or the registered nurse or advanced practice
registered nurse being otherwise disciplined by any other
state, if that revocation, suspension, or other form of
discipline was based solely on the registered nurse or
advanced practice registered nurse violating another state's
laws prohibiting the provision of, authorization of,
recommendation of, aiding or assisting in, referring for, or
participation in any health care service if that health care
service as provided would not have been unlawful under the
laws of this State and is consistent with the standards of
conduct for the registered nurse or advanced practice
registered nurse practicing in Illinois.

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(b-15) The conduct specified in subsections (b-5) and
(b-10) shall not trigger reporting requirements under Section
65-65 or constitute grounds for suspension under Section
70-60.
(b-20) An applicant seeking licensure, certification, or
authorization under this Act who has been subject to
disciplinary action by a duly authorized professional
disciplinary agency of another jurisdiction solely on the
basis of having provided, authorized, recommended, aided,
assisted, referred for, or otherwise participated in health
care shall not be denied such licensure, certification, or
authorization, unless the Department determines that such
action would have constituted reportable professional
misconduct in this State; however, nothing in this Section
shall be construed as prohibiting the Department from
evaluating the conduct of such applicant and making a
determination regarding the licensure, certification, or
authorization to practice a profession under this Act.
(c) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code, as amended, operates as an automatic suspension. The
suspension will end only upon a finding by a court that the
patient is no longer subject to involuntary admission or
judicial admission and issues an order so finding and
discharging the patient; and upon the recommendation of the

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Board to the Secretary that the licensee be allowed to resume
his or her practice.
(d) The Department may refuse to issue or may suspend or
otherwise discipline the license of any person who fails to
file a return, or to pay the tax, penalty or interest shown in
a filed return, or to pay any final assessment of the tax,
penalty, or interest as required by any tax Act administered
by the Department of Revenue, until such time as the
requirements of any such tax Act are satisfied.
(e) In enforcing this Act, the Department, upon a showing
of a possible violation, may compel an individual licensed to
practice under this Act or who has applied for licensure under
this Act, to submit to a mental or physical examination, or
both, as required by and at the expense of the Department. The
Department may order the examining physician to present
testimony concerning the mental or physical examination of the
licensee or applicant. No information shall be excluded by
reason of any common law or statutory privilege relating to
communications between the licensee or applicant and the
examining physician. The examining physicians shall be
specifically designated by the Department. The individual to
be examined may have, at his or her own expense, another
physician of his or her choice present during all aspects of
this examination. Failure of an individual to submit to a
mental or physical examination, when directed, shall result in
an automatic suspension without hearing.

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All substance-related violations shall mandate an
automatic substance abuse assessment. Failure to submit to an
assessment by a licensed physician who is certified as an
addictionist or an advanced practice registered nurse with
specialty certification in addictions may be grounds for an
automatic suspension, as defined by rule.
If the Department finds an individual unable to practice
or unfit for duty because of the reasons set forth in this
subsection (e), the Department may require that individual to
submit to a substance abuse evaluation or treatment by
individuals or programs approved or designated by the
Department, as a condition, term, or restriction for
continued, restored, or renewed licensure to practice; or, in
lieu of evaluation or treatment, the Department may file, or
the Board may recommend to the Department to file, a complaint
to immediately suspend, revoke, or otherwise discipline the
license of the individual. An individual whose license was
granted, continued, restored, renewed, disciplined, or
supervised subject to such terms, conditions, or restrictions,
and who fails to comply with such terms, conditions, or
restrictions, shall be referred to the Secretary for a
determination as to whether the individual shall have his or
her license suspended immediately, pending a hearing by the
Department.
In instances in which the Secretary immediately suspends a
person's license under this subsection (e), a hearing on that

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person's license must be convened by the Department within 15
days after the suspension and completed without appreciable
delay. The Department and Board shall have the authority to
review the subject individual's record of treatment and
counseling regarding the impairment to the extent permitted by
applicable federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this subsection (e) shall be afforded an opportunity to
demonstrate to the Department that he or she can resume
practice in compliance with nursing standards under the
provisions of his or her license.
(f) The Department may adopt rules to implement,
administer, and enforce this Section the changes made by this
amendatory Act of the 102nd General Assembly.
(Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21;
102-1117, eff. 1-13-23.)
Section 90. The Nursing Home Administrators Licensing and
Disciplinary Act is amended by changing Section 17 as follows:
(225 ILCS 70/17) (from Ch. 111, par. 3667)
(Section scheduled to be repealed on January 1, 2028)
Sec. 17. Grounds for disciplinary action.
(a) The Department may refuse to issue or to renew a
license, or may revoke, suspend, place on probation,

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reprimand, or take other disciplinary or non-disciplinary
action as the Department deems proper, including fines not to
exceed $10,000 for each violation, with regard to any license
issued under the provisions of this Act, for any one or
combination of the following causes:
(1) Intentional material misstatement in furnishing
information to the Department or any other State agency or
in furnishing information to an insurance company with
respect to a claim on behalf of a licensee or patient.
(2) Conviction of or entry of 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 that is
(i) a felony or (ii) a misdemeanor, an essential element
of which is dishonesty or that is directly related to the
practice of the profession of nursing home administration.
(3) Fraud or misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal or restoration of a license under
this Act.
(4) Immoral conduct in the commission of any act, such
as sexual abuse or sexual misconduct, related to the
licensee's practice.
(5) Failing to respond within 60 days, to a written

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request made by the Department for information.
(6) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(7) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, of alcohol,
narcotics, stimulants, or any other substances that
results in the inability to practice with reasonable
judgment, skill, or safety.
(8) Adverse action taken by another U.S. jurisdiction
if at least one of the grounds for the discipline is the
same or substantially equivalent to those set forth
herein.
(9) A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation or failed to
comply with those terms.
(10) Willfully making or filing false records or
reports related to the licensee's practice, including, but
not limited to, false records filed with federal or State
agencies or departments.
(11) Physical illness, mental illness, or other
impairment 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.

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(12) Disregard or violation of this Act or of any rule
issued pursuant to this Act.
(13) Aiding or abetting another in the violation of
this Act or any rule adopted pursuant to this Act.
(14) Allowing one's license to be used by an
unlicensed person.
(15) (Blank).
(16) Professional incompetence in the practice of
nursing home administration.
(17) Conviction of a violation of Section 12-19 or
subsection (a) of Section 12-4.4a of the Criminal Code of
1961 or the Criminal Code of 2012 for the abuse and
criminal neglect of a long term care facility resident.
(18) Violation of the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act of 2013, the
ID/DD Community Care Act, or the MC/DD Act or of any rule
issued under the Nursing Home Care Act, the Specialized
Mental Health Rehabilitation Act of 2013, the ID/DD
Community Care Act, or the MC/DD Act. A final adjudication
of a Type "AA" violation of the Nursing Home Care Act made
by the Illinois Department of Public Health, as identified
by rule, relating to the hiring, training, planning,
organizing, directing, or supervising the operation of a
nursing home and a licensee's failure to comply with this
Act or the rules adopted under this Act, shall create a
rebuttable presumption of a violation of this subsection.

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(19) Failure to report to the Department any adverse
final action taken against the licensee by a licensing
authority of another state, territory of the United
States, or foreign country; or by any governmental or law
enforcement agency; or by any court for acts or conduct
similar to acts or conduct that would constitute grounds
for disciplinary action under this Section.
(20) Failure to report to the Department the surrender
of a license or authorization to practice as a nursing
home administrator in another state or jurisdiction for
acts or conduct similar to acts or conduct that would
constitute grounds for disciplinary action under this
Section.
(21) 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 that would constitute grounds for disciplinary
action under this Section.
(22) Failure to submit any required report under
Section 80-10 of the Nurse Practice Act.
(23) Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act.
(24) Being named as an abuser in a verified report by
the Department on Aging under the Adult Protective

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Services Act and upon proof by clear and convincing
evidence that the licensee abused, neglected, or
financially exploited an eligible adult as defined in the
Adult Protective Services Act.
(25) Failure to report actual or alleged reportable
misconduct or an investigation related to actual or
alleged reportable misconduct in accordance with Section
2105-390 of the Department of Professional Regulation Law
of the Civil Administrative Code of Illinois.
All proceedings to suspend, revoke, place on probationary
status, or take any other disciplinary action as the
Department may deem proper, with regard to a license on any of
the foregoing grounds, must be commenced within 5 years next
after receipt by the Department of (i) a complaint alleging
the commission of or notice of the conviction order for any of
the acts described herein or (ii) a referral for investigation
under Section 3-108 of the Nursing Home Care Act.
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 Department order based upon a
finding by the Board that they have been determined to be
recovered from mental illness by the court and upon the
Board's recommendation that they be permitted to resume their
practice.

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The Department, upon the recommendation of the Board, may
adopt rules which set forth standards to be used in
determining what constitutes:
(i) when a person will be deemed sufficiently
rehabilitated to warrant the public trust;
(ii) dishonorable, unethical or unprofessional conduct
of a character likely to deceive, defraud, or harm the
public;
(iii) immoral conduct in the commission of any act
related to the licensee's practice; and
(iv) professional incompetence in the practice of
nursing home administration.
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 Department or Board, upon a
showing of a possible violation, may compel any individual
licensed to practice under this Act, or who has applied for
licensure pursuant to this Act, to submit to a mental or
physical examination, or both, as required by and at the
expense of the Department. The examining physician or
physicians shall be those specifically designated by the
Department or Board. The Department or Board may order the
examining physician to present testimony concerning this
mental or physical examination of the licensee or applicant.
No information shall be excluded by reason of any common law or

HB3711 - 203 - LRB104 09787 AAS 19853 b
statutory privilege relating to communications between the
licensee or applicant and the examining physician. 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, when directed, shall
be grounds for suspension of his or her license until such time
as the individual submits to the examination if the Department
finds, after notice and hearing, that the refusal to submit to
the examination was without reasonable cause.
If the Department or Board finds an individual unable to
practice because of the reasons set forth in this Section, the
Department or Board shall require such individual to submit to
care, counseling, or treatment by physicians approved or
designated by the Department or Board, as a condition, term,
or restriction for continued, reinstated, or renewed licensure
to practice; or in lieu of care, counseling, or treatment, the
Department may file, or the Board may recommend to the
Department to file, a complaint to immediately suspend,
revoke, or otherwise discipline the license of the individual.
Any individual whose license was granted pursuant to this Act
or continued, reinstated, renewed, disciplined or supervised,
subject to such terms, conditions or restrictions who shall
fail to comply with such terms, conditions or restrictions
shall be referred to the Secretary for a determination as to
whether the licensee shall have his or her license suspended

HB3711 - 204 - LRB104 09787 AAS 19853 b
immediately, pending a hearing by the Department. 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 Board within 30 days after such suspension and
completed without appreciable delay. The Department and Board
shall have the authority to review the subject administrator'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 Department or Board that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
(b) Any individual or organization acting in good faith,
and not in a willful and wanton manner, in complying with this
Act by providing any report or other information to the
Department, or assisting in the investigation or preparation
of such information, or by participating in proceedings of the
Department, or by serving as a member of the Board, shall not,
as a result of such actions, be subject to criminal
prosecution or civil damages.
(c) Members of the Board, and persons retained under
contract to assist and advise in an investigation, shall be
indemnified by the State for any actions occurring within the

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scope of services on or for the Board, done in good faith and
not willful and wanton in nature. The Attorney General shall
defend all such actions unless he or she determines either
that there would be a conflict of interest in such
representation or that the actions complained of were not in
good faith or were willful and wanton.
Should the Attorney General decline representation, a
person entitled to indemnification under this Section shall
have the right to employ counsel of his or her choice, whose
fees shall be provided by the State, after approval by the
Attorney General, unless there is a determination by a court
that the member's actions were not in good faith or were
willful and wanton.
A person entitled to indemnification under this Section
must notify the Attorney General within 7 days of receipt of
notice of the initiation of any action involving services of
the Board. Failure to so notify the Attorney General shall
constitute an absolute waiver of the right to a defense and
indemnification.
The Attorney General shall determine within 7 days after
receiving such notice, whether he or she will undertake to
represent a person entitled to indemnification under this
Section.
(d) 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

HB3711 - 206 - LRB104 09787 AAS 19853 b
Code, as amended, operates as an automatic suspension. Such
suspension will end only upon a finding by a court that the
patient is no longer subject to involuntary admission or
judicial admission and issues an order so finding and
discharging the patient; and upon the recommendation of the
Board to the Secretary that the licensee be allowed to resume
his or her practice.
(e) The Department shall refuse to issue or suspend the
license of any person who fails to file a return, or to pay the
tax, penalty or interest shown in a filed return, or to pay any
final assessment of tax, penalty or interest, as required by
any tax Act administered by the Department of Revenue, until
such time as the requirements of any such tax Act are
satisfied.
(f) The Department of Public Health shall transmit to the
Department a list of those facilities which receive an "A"
violation as defined in Section 1-129 of the Nursing Home Care
Act.
(Source: P.A. 99-180, eff. 7-29-15; 100-675, eff. 8-3-18.)
Section 95. The Illinois Occupational Therapy Practice Act
is amended by changing Section 19 as follows:
(225 ILCS 75/19) (from Ch. 111, par. 3719)
(Section scheduled to be repealed on January 1, 2029)
Sec. 19. Grounds for discipline.

HB3711 - 207 - LRB104 09787 AAS 19853 b
(a) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action as the Department may
deem proper, including imposing fines not to exceed $10,000
for each violation and the assessment of costs as provided
under Section 19.3 of this Act, with regard to any license for
any one or combination of the following:
(1) Material misstatement in furnishing information to
the Department;
(2) Violations of this Act, or of the rules
promulgated thereunder;
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or
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 that is
(i) a felony or (ii) a misdemeanor, an essential element
of which is dishonesty, or that is directly related to the
practice of the profession;
(4) Fraud, misrepresentation, or concealment 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;
(6) Aiding or assisting another person, firm,

HB3711 - 208 - LRB104 09787 AAS 19853 b
partnership or corporation in violating any provision of
this Act or rules;
(7) Failing, within 60 days, to provide information in
response to a written request made by the Department;
(8) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public;
(9) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, alcohol, or any
other substance that results in the inability to practice
with reasonable judgment, skill, or safety;
(10) Discipline by another state, unit of government,
government agency, the District of Columbia, a territory,
or foreign nation, if at least one of the grounds for the
discipline is the same or substantially equivalent to
those set forth herein;
(11) Directly or indirectly giving to or receiving
from any person, firm, corporation, partnership, or
association any fee, commission, rebate, or other form of
compensation for professional services not actually or
personally rendered. Nothing in this paragraph (11)
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,

HB3711 - 209 - LRB104 09787 AAS 19853 b
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 (11) shall be construed to require an employment
arrangement to receive professional fees for services
rendered;
(12) A finding by the Department that the license
holder, after having the license disciplined, has violated
the terms of the discipline;
(13) Willfully making or filing false records or
reports in the practice of occupational therapy,
including, but not limited to, false records filed with
the State agencies or departments;
(14) Physical illness, including, but not limited to,
deterioration through the aging process or loss of motor
skill which results in the inability to practice under
this Act with reasonable judgment, skill, or safety;
(15) Solicitation of professional services other than
by permitted advertising;
(16) Allowing one's license under this Act to be used
by an unlicensed person in violation of this Act;
(17) Practicing under a false or, except as provided
by law, assumed name;
(18) Professional incompetence or gross negligence;
(19) Malpractice;
(20) Promotion of the sale of drugs, devices,

HB3711 - 210 - LRB104 09787 AAS 19853 b
appliances, or goods provided for a patient in any manner
to exploit the client for financial gain of the licensee;
(21) Gross, willful, or continued overcharging for
professional services;
(22) Mental illness or disability that results in the
inability to practice under this Act with reasonable
judgment, skill, or safety;
(23) Violating the Health Care Worker Self-Referral
Act;
(24) Failing to refer a patient or individual whose
medical condition should, at the time of evaluation or
treatment, be determined to be beyond the scope of
practice of the occupational therapist to an appropriate
health care professional;
(25) Cheating on or attempting to subvert the
licensing examination administered under this Act;
(26) Charging for professional services not rendered,
including filing false statements for the collection of
fees for which services are not rendered;
(27) Practicing beyond the scope of the practice of
occupational therapy;
(28) Providing substandard care as an occupational
therapist due to a deliberate or negligent act, negligent
supervision of an occupational therapy assistant, or
failure to act regardless of whether actual injury to the
recipient is established;

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(29) Providing substandard care as an occupational
therapy assistant, including exceeding the authority to
perform components of intervention selected and delegated
by the supervising occupational therapist regardless of
whether actual injury to the recipient is established;
(30) Knowingly delegating responsibilities to an
individual who does not have the knowledge, skills, or
abilities to perform those responsibilities; and
(31) Engaging in sexual misconduct. For the purposes
of this paragraph, sexual misconduct includes:
(A) engaging in or soliciting a sexual
relationship, whether consensual or non-consensual,
while an occupational therapist or occupational
therapy assistant with the recipient of occupational
therapy services; and
(B) making sexual advances, requesting sexual
favors, or engaging in physical contact of a sexual
nature with the recipient of occupational therapy
services; and .
(32) failure to report actual or alleged reportable
misconduct or an investigation related to actual or
alleged reportable misconduct in accordance with Section
2105-390 of the Department of Professional Regulation Law
of the Civil Administrative Code of Illinois.
All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the fine

HB3711 - 212 - LRB104 09787 AAS 19853 b
or in accordance with the terms set forth in the order imposing
the fine.
(b) The determination by a circuit court that a license
holder is subject to involuntary admission or judicial
admission as provided in the Mental Health and Developmental
Disabilities Code, as now or hereafter amended, operates as an
automatic suspension. Such suspension will end only upon a
finding by a court that the patient is no longer subject to
involuntary admission or judicial admission and an order by
the court so finding and discharging the patient. In any case
where a license is suspended under this provision, the
licensee shall file a petition for restoration and shall
include evidence acceptable to the Department that the
licensee can resume practice in compliance with acceptable and
prevailing standards of their profession.
(c) The Department may refuse to issue or may suspend
without hearing, as provided for in the Code of Civil
Procedure, the license of any person who fails to file a
return, 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 in accordance
with subsection (a) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code
of Illinois.

HB3711 - 213 - LRB104 09787 AAS 19853 b
(d) In enforcing this Section, the Department, upon a
showing of a possible violation, may compel any individual who
is licensed under this Act or any individual who has applied
for licensure to submit to a mental or physical examination or
evaluation, or both, which may include a substance abuse or
sexual offender evaluation, at the expense of the Department.
The Department shall specifically designate the examining
physician licensed to practice medicine in all of its branches
or, if applicable, the multidisciplinary team involved in
providing the mental or physical examination and evaluation.
The multidisciplinary team shall be led by a physician
licensed to practice medicine in all of its branches and may
consist of one or more or a combination of physicians licensed
to practice medicine in all of its branches, licensed
chiropractic physicians, licensed clinical psychologists,
licensed clinical social workers, licensed clinical
professional counselors, and other professional and
administrative staff. Any examining physician or member of the
multidisciplinary team may require any person ordered to
submit to an examination and evaluation pursuant to this
Section to submit to any additional supplemental testing
deemed necessary to complete any examination or evaluation
process, including, but not limited to, blood testing,
urinalysis, psychological testing, or neuropsychological
testing.
The Department may order the examining physician or any

HB3711 - 214 - LRB104 09787 AAS 19853 b
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 this examination and
evaluation of the licensee or applicant, including testimony
concerning any supplemental testing or documents relating to
the examination and evaluation. No information, report,
record, or other documents in any way related to the
examination and evaluation shall be excluded by reason of any
common law or statutory privilege relating to communication
between the licensee 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 the examination.
Failure of any individual to submit to mental or physical
examination or 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

HB3711 - 215 - LRB104 09787 AAS 19853 b
Department finds a licensee unable to practice because of the
reasons set forth in this Section, the Department shall
require the licensee to submit to care, counseling, or
treatment by physicians approved or designated by the
Department as a condition for continued, reinstated, or
renewed licensure.
When the Secretary immediately suspends a license under
this Section, a hearing upon such 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 licensee'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.
Individuals licensed under this Act that are affected
under this Section, shall be afforded an opportunity to
demonstrate to the Department that they can resume practice in
compliance with acceptable and prevailing standards under the
provisions of their license.
(e) (Blank).
(f) 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

HB3711 - 216 - LRB104 09787 AAS 19853 b
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 paragraph
(5) of subsection (a) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code
of Illinois.
(Source: P.A. 103-251, eff. 1-1-24.)
Section 100. The Illinois Optometric Practice Act of 1987
is amended by changing Section 24 as follows:
(225 ILCS 80/24) (from Ch. 111, par. 3924)
(Section scheduled to be repealed on January 1, 2027)
Sec. 24. Grounds for disciplinary action.
(a) The Department may refuse to issue or to renew, or may
revoke, suspend, place on probation, reprimand or take other
disciplinary or non-disciplinary action as the Department may
deem appropriate, including fines not to exceed $10,000 for
each violation, with regard to any license for any one or
combination of the causes set forth in subsection (a-3) of
this Section. All fines collected under this Section shall be
deposited in the Optometric Licensing and Disciplinary Board
Fund. Any fine imposed shall be payable within 60 days after
the effective date of the order imposing the fine.
(a-3) Grounds for disciplinary action include the

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following:
(1) Violations of this Act, or of the rules
promulgated hereunder.
(2) Conviction of or entry of a plea of guilty to any
crime under the laws of any U.S. jurisdiction thereof that
is a felony or that is a misdemeanor of which an essential
element is dishonesty, or any crime that is directly
related to the practice of the profession.
(3) Making any misrepresentation for the purpose of
obtaining a license.
(4) Professional incompetence or gross negligence in
the practice of optometry.
(5) Gross malpractice, prima facie evidence of which
may be a conviction or judgment of malpractice in any
court of competent jurisdiction.
(6) Aiding or assisting another person in violating
any provision of this Act or rules.
(7) Failing, within 60 days, to provide information in
response to a written request made by the Department that
has been sent by certified or registered mail to the
licensee's last known address.
(8) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(9) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants or any other chemical agent or drug

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that results in the inability to practice with reasonable
judgment, skill, or safety.
(10) Discipline by another U.S. jurisdiction or
foreign nation, if at least one of the grounds for the
discipline is the same or substantially equivalent to
those set forth herein.
(11) Violation of the prohibition against fee
splitting in Section 24.2 of this Act.
(12) A finding by the Department that the licensee,
after having his or her license placed on probationary
status has violated the terms of probation.
(13) Abandonment of a patient.
(14) Willfully making or filing false records or
reports in his or her practice, including but not limited
to false records filed with State agencies or departments.
(15) Willfully failing to report an instance of
suspected abuse or neglect as required by law.
(16) Physical illness, including but not limited to,
deterioration through the aging process, or loss of motor
skill, mental illness, or disability that results in the
inability to practice the profession with reasonable
judgment, skill, or safety.
(17) Solicitation of professional services other than
permitted advertising.
(18) Failure to provide a patient with a copy of his or
her record or prescription in accordance with federal law.

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(19) Conviction by any court of competent
jurisdiction, either within or without this State, of any
violation of any law governing the practice of optometry,
conviction in this or another State of any crime that is a
felony under the laws of this State or conviction of a
felony in a federal court, if the Department determines,
after investigation, that such person has not been
sufficiently rehabilitated to warrant the public trust.
(20) A finding that licensure has been applied for or
obtained by fraudulent means.
(21) Continued practice by a person knowingly having
an infectious or contagious disease.
(22) 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.
(23) Practicing or attempting to practice under a name
other than the full name as shown on his or her license.
(24) Immoral conduct in the commission of any act,
such as sexual abuse, sexual misconduct or sexual
exploitation, related to the licensee's practice.
(25) Maintaining a professional relationship with any
person, firm, or corporation when the optometrist knows,

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or should know, that such person, firm, or corporation is
violating this Act.
(26) Promotion of the sale of drugs, 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.
(27) Using the title "Doctor" or its abbreviation
without further qualifying that title or abbreviation with
the word "optometry" or "optometrist".
(28) Use by a licensed optometrist of the word
"infirmary", "hospital", "school", "university", in
English or any other language, in connection with the
place where optometry may be practiced or demonstrated
unless the licensee is employed by and practicing at a
location that is licensed as a hospital or accredited as a
school or university.
(29) Continuance of an optometrist in the employ of
any person, firm or corporation, or as an assistant to any
optometrist or optometrists, 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
optometry, when the employer or superior persists in that
violation.
(30) The performance of optometric service in
conjunction with a scheme or plan with another person,

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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
optometry.
(31) Failure to provide satisfactory proof of having
participated in approved continuing education programs as
determined by the Board and approved by the Secretary.
Exceptions for extreme hardships are to be defined by the
rules of the Department.
(32) Willfully making or filing false records or
reports in the practice of optometry, including, but not
limited to false records to support claims against the
medical assistance program of the Department of Healthcare
and Family Services (formerly Department of Public Aid)
under the Illinois Public Aid Code.
(33) Gross and willful overcharging for professional
services including filing false statements for collection
of fees for which services are not rendered, including,
but not limited to filing 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.
(34) In the absence of good reasons to the contrary,
failure to perform a minimum eye examination as required
by the rules of the Department.

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(35) Violation of the Health Care Worker Self-Referral
Act.
(36) Failure to report actual or alleged reportable
misconduct or an investigation related to actual or
alleged reportable misconduct in accordance with Section
2105-390 of the Department of Professional Regulation Law
of the Civil Administrative Code of Illinois.
The Department shall refuse to issue or shall suspend the
license of any person who fails to file a return, or to pay the
tax, penalty or interest shown in a filed return, or to pay any
final assessment of the tax, penalty or interest, as required
by any tax Act administered by the Illinois Department of
Revenue, until such time as the requirements of any such tax
Act are satisfied.
(a-5) In enforcing this Section, the Board or Department,
upon a showing of a possible violation, may compel any
individual licensed to practice under this Act, or who has
applied for licensure or certification pursuant to this Act,
to submit to a mental or physical examination, or both, as
required by and at the expense of the Department. The
examining physicians or clinical psychologists shall be those
specifically designated by the Department. The Board or the
Department may order the examining physician or clinical
psychologist to present testimony concerning this mental or
physical examination of the licensee or applicant. No
information shall be excluded by reason of any common law or

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statutory privilege relating to communications between the
licensee or applicant and the examining physician or clinical
psychologist. Eye examinations may be provided by a licensed
optometrist. 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 a mental or physical examination, when
directed, shall be grounds for suspension of a license until
such time as the individual submits to the examination if the
Board or Department finds, after notice and hearing, that the
refusal to submit to the examination was without reasonable
cause.
If the Board or Department finds an individual unable to
practice because of the reasons set forth in this Section, the
Board or Department shall require such individual to submit to
care, counseling, or treatment by physicians or clinical
psychologists approved or designated by the Department, as a
condition, term, or restriction for continued, reinstated, or
renewed licensure to practice, or in lieu of care, counseling,
or treatment, the Board may recommend to the Department to
file a complaint to immediately suspend, revoke, or otherwise
discipline the license of the individual, or the Board may
recommend to the Department to file a complaint to suspend,
revoke, or otherwise discipline the license of the individual.
Any individual whose license was granted pursuant to this Act,
or continued, reinstated, renewed, disciplined, or supervised,

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subject to such conditions, terms, or restrictions, who shall
fail to comply with such conditions, terms, or restrictions,
shall be referred to the Secretary for a determination as to
whether the individual shall have his or her license suspended
immediately, pending a hearing by the Board.
(b) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. The suspension will
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and issues an order so finding and discharging the patient;
and upon the recommendation of the Board to the Secretary that
the licensee be allowed to resume his or her practice.
(Source: P.A. 99-43, eff. 1-1-16; 99-909, eff. 1-1-17.)
Section 105. The Orthotics, Prosthetics, and Pedorthics
Practice Act is amended by changing Section 90 as follows:
(225 ILCS 84/90)
(Section scheduled to be repealed on January 1, 2030)
Sec. 90. Grounds for discipline.
(a) The Department may refuse to issue or renew a license,
or may revoke or suspend a license, or may suspend, place on
probation, or reprimand a licensee or take other disciplinary
or non-disciplinary action as the Department may deem proper,

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including, but not limited to, the imposition of fines not to
exceed $10,000 for each violation for one or any combination
of the following:
(1) Making a material misstatement in furnishing
information to the Department or the Board.
(2) Violations of or negligent or intentional
disregard of this Act or its rules.
(3) Conviction of, or entry of 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 the United States or any state or that is (i) a
felony, or (ii) a misdemeanor, an essential element of
which is dishonesty, or any crime that is directly related
to the practice of the profession.
(4) Making a misrepresentation for the purpose of
obtaining a license under this Act or in connection with
applying for renewal or restoration of a license under
this Act.
(5) A pattern of practice or other behavior that
demonstrates incapacity or incompetence to practice under
this Act.
(6) Gross negligence under this Act.
(7) Aiding or assisting another person in violating a
provision of this Act or its rules.

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(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 or conduct of a character likely to
deceive, defraud, or harm the public.
(10) Inability to practice with reasonable judgment,
skill, or safety as a result of habitual or excessive use
or addiction to alcohol, narcotics, stimulants, or any
other chemical agent or drug.
(11) Discipline by another state or territory of the
United States, the federal government, or foreign nation,
if at least one of the grounds for the discipline is the
same or substantially equivalent to one set forth in this
Section.
(12) Directly or indirectly giving to or receiving
from a person, firm, corporation, partnership, or
association a fee, commission, rebate, or other form of
compensation for professional services not actually or
personally rendered. Nothing in this paragraph (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

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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) A finding by the Board that the licensee or
registrant, after having his or her license placed on
probationary status, has violated the terms of probation
or failed to comply with such terms.
(14) Abandonment of a patient or client.
(15) Willfully making or filing false records or
reports related to the licensee's practice, including, but
not limited to, false records filed with federal or State
agencies or departments.
(16) Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible child or adult as required by
the Abused and Neglected Child Reporting Act and the Adult
Protective Services Act.
(17) Inability to practice the profession with
reasonable judgment, skill, or safety as a result of a
physical illness, including, but not limited to,
deterioration through the aging process or loss of motor
skill, or a mental illness or disability.
(18) Solicitation of professional services using false
or misleading advertising.
(19) Failure to report actual or alleged reportable

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misconduct or an investigation related to actual or
alleged reportable misconduct in accordance with Section
2105-390 of the Department of Professional Regulation Law
of the Civil Administrative Code of Illinois.
(b) In enforcing this Section, the Department or Board
upon a showing of a possible violation, may compel a licensee
or applicant to submit to a mental or physical examination, or
both, as required by and at the expense of the Department. The
Department or Board may order the examining physician to
present testimony concerning the mental or physical
examination of the licensee or applicant. No information shall
be excluded by reason of any common law or statutory privilege
relating to communications between the licensee or applicant
and the examining physician. The examining physicians shall be
specifically designated by the Board or Department. The
individual to be examined may have, at his or her own expense,
another physician of his or her choice present during all
aspects of this examination. Failure of an individual to
submit to a mental or physical examination, when directed,
shall be grounds for the immediate suspension of his or her
license until the individual submits to the examination if the
Department finds that the refusal to submit to the examination
was without reasonable cause as defined by rule.
If the Secretary immediately suspends a person's license
for his or her failure to submit to a mental or physical
examination, when directed, a hearing on that person's license

HB3711 - 229 - LRB104 09787 AAS 19853 b
must be convened by the Department within 15 days after the
suspension and completed without appreciable delay.
If the Secretary otherwise suspends a person's license
pursuant to the results of a compelled mental or physical
examination, a hearing on that person's license must be
convened by the Department within 15 days after the suspension
and completed without appreciable delay. The Department and
Board shall have the authority to review the subject
individual's record of treatment and counseling regarding the
impairment to the extent permitted by applicable federal
statutes and regulations safeguarding the confidentiality of
medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate
to the Department or Board that he or she can resume practice
in compliance with acceptable and prevailing standards under
his or her license.
(c) (Blank).
(d) If the Department of Healthcare and Family Services
(formerly Department of Public Aid) has previously determined
that 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

HB3711 - 230 - LRB104 09787 AAS 19853 b
of delinquency made by the Department of Healthcare and Family
Services in accordance with subsection (a)(5) of Section
2105-15 of the Department of Professional Regulation Law of
the Civil Administrative Code of Illinois.
(e) The Department shall refuse to issue or renew a
license, or may revoke or suspend a license, for failure to
file a return, 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
Department of Revenue, until the requirements of the 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.
(Source: P.A. 100-872, eff. 8-14-18; 101-269, eff. 8-9-19.)
Section 110. The Pharmacy Practice Act is amended by
changing Section 30 as follows:
(225 ILCS 85/30) (from Ch. 111, par. 4150)
(Section scheduled to be repealed on January 1, 2028)
Sec. 30. Refusal, revocation, suspension, or other
discipline.
(a) The Department may refuse to issue or renew, or may
revoke a license, or may suspend, place on probation, fine, or
take any disciplinary or non-disciplinary action as the
Department may deem proper, including fines not to exceed

HB3711 - 231 - LRB104 09787 AAS 19853 b
$10,000 for each violation, with regard to any licensee for
any one or combination of the following causes:
1. Material misstatement in furnishing information to
the Department.
2. Violations of this Act, or the rules promulgated
hereunder.
3. Making any misrepresentation for the purpose of
obtaining licenses.
4. A pattern of conduct which demonstrates
incompetence or unfitness to practice.
5. Aiding or assisting another person in violating any
provision of this Act or rules.
6. Failing, within 60 days, to respond to a written
request made by the Department for information.
7. Engaging in unprofessional, dishonorable, or
unethical conduct of a character likely to deceive,
defraud or harm the public as defined by rule.
8. Adverse action taken by another state or
jurisdiction against a license or other authorization to
practice as a pharmacy, pharmacist, registered certified
pharmacy technician, or registered pharmacy technician
that is the same or substantially equivalent to those set
forth in this Section, a certified copy of the record of
the action taken by the other state or jurisdiction being
prima facie evidence thereof.
9. Directly or indirectly giving to or receiving from

HB3711 - 232 - LRB104 09787 AAS 19853 b
any person, firm, corporation, partnership, or association
any fee, commission, rebate or other form of compensation
for any professional services not actually or personally
rendered. Nothing in this item 9 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 item 9 shall be construed to require
an employment arrangement to receive professional fees for
services rendered.
10. A finding by the Department that the licensee,
after having his license placed on probationary status,
has violated the terms of probation.
11. Selling or engaging in the sale of drug samples
provided at no cost by drug manufacturers.
12. Physical illness, including, but not limited to,
deterioration through the aging process, or loss of motor
skill which results in the inability to practice the
profession with reasonable judgment, skill or safety.
13. A finding that licensure or registration has been
applied for or obtained by fraudulent means.
14. Conviction by plea of guilty or nolo contendere,

HB3711 - 233 - LRB104 09787 AAS 19853 b
finding of guilt, jury verdict, or entry of judgment or
sentencing, including, but not limited to, convictions,
preceding sentences of supervision, conditional discharge,
or first offender probation, under the laws of any
jurisdiction of the United States that is (i) a felony or
(ii) a misdemeanor, an essential element of which is
dishonesty, or that is directly related to the practice of
pharmacy or involves controlled substances.
15. Habitual or excessive use or addiction to alcohol,
narcotics, stimulants or any other chemical agent or drug
which results in the inability to practice with reasonable
judgment, skill or safety.
16. Willfully making or filing false records or
reports in the practice of pharmacy, including, but not
limited to, false records to support claims against the
medical assistance program of the Department of Healthcare
and Family Services (formerly Department of Public Aid)
under the Public Aid Code.
17. Gross and willful overcharging for professional
services including filing false statements for collection
of fees for which services are not rendered, including,
but not limited to, filing 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 Public Aid Code.

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18. Dispensing prescription drugs without receiving a
written or oral prescription in violation of law.
19. Upon a finding of a substantial discrepancy in a
Department audit of a prescription drug, including
controlled substances, as that term is defined in this Act
or in the Illinois Controlled Substances Act.
20. Physical or mental illness or any other impairment
or disability, including, without limitation: (A)
deterioration through the aging process or loss of motor
skills that results in the inability to practice with
reasonable judgment, skill or safety; or (B) mental
incompetence, as declared by a court of competent
jurisdiction.
21. Violation of the Health Care Worker Self-Referral
Act.
22. Failing to sell or dispense any drug, medicine, or
poison in good faith. "Good faith", for the purposes of
this Section, has the meaning ascribed to it in subsection
(u) of Section 102 of the Illinois Controlled Substances
Act. "Good faith", as used in this item (22), shall not be
limited to the sale or dispensing of controlled
substances, but shall apply to all prescription drugs.
23. Interfering with the professional judgment of a
pharmacist by any licensee under this Act, or the
licensee's agents or employees.
24. Failing to report within 60 days to the Department

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any adverse final action taken against a pharmacy,
pharmacist, registered pharmacy technician, or registered
certified pharmacy technician by another licensing
jurisdiction in any other state or any territory of the
United States or any foreign jurisdiction, any
governmental agency, any law enforcement agency, or any
court for acts or conduct similar to acts or conduct that
would constitute grounds for discipline as defined in this
Section.
25. Failing to comply with a subpoena issued in
accordance with Section 35.5 of this Act.
26. Disclosing protected health information in
violation of any State or federal law.
27. Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act.
28. Being named as an abuser in a verified report by
the Department on Aging under the Adult Protective
Services Act, and upon proof by clear and convincing
evidence that the licensee abused, neglected, or
financially exploited an eligible adult as defined in the
Adult Protective Services Act.
29. Using advertisements or making solicitations that
may jeopardize the health, safety, or welfare of patients,
including, but not limited to, the use of advertisements

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or solicitations that:
(A) are false, fraudulent, deceptive, or
misleading; or
(B) include any claim regarding a professional
service or product or the cost or price thereof that
cannot be substantiated by the licensee.
30. Requiring a pharmacist to participate in the use
or distribution of advertisements or in making
solicitations that may jeopardize the health, safety, or
welfare of patients.
31. Failing to provide a working environment for all
pharmacy personnel that protects the health, safety, and
welfare of a patient, which includes, but is not limited
to, failing to:
(A) employ sufficient personnel to prevent
fatigue, distraction, or other conditions that
interfere with a pharmacist's ability to practice with
competency and safety or creates an environment that
jeopardizes patient care;
(B) provide appropriate opportunities for
uninterrupted rest periods and meal breaks;
(C) provide adequate time for a pharmacist to
complete professional duties and responsibilities,
including, but not limited to:
(i) drug utilization review;
(ii) immunization;

HB3711 - 237 - LRB104 09787 AAS 19853 b
(iii) counseling;
(iv) verification of the accuracy of a
prescription; and
(v) all other duties and responsibilities of a
pharmacist as listed in the rules of the
Department.
32. Introducing or enforcing external factors, such as
productivity or production quotas or other programs
against pharmacists, student pharmacists or pharmacy
technicians, to the extent that they interfere with the
ability of those individuals to provide appropriate
professional services to the public.
33. Providing an incentive for or inducing the
transfer of a prescription for a patient absent a
professional rationale.
34. Failure to report actual or alleged reportable
misconduct or an investigation related to actual or
alleged reportable misconduct in accordance with Section
2105-390 of the Department of Professional Regulation Law
of the Civil Administrative Code of Illinois.
(b) The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the
tax, penalty or interest shown in a filed return, or to pay any
final assessment of 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

HB3711 - 238 - LRB104 09787 AAS 19853 b
Act are satisfied.
(c) The Department shall revoke any license issued under
the provisions of this Act or any prior Act of this State of
any person who has been convicted a second time of committing
any felony under the Illinois Controlled Substances 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 issued under the provisions of
this Act or any prior Act of this State is revoked under this
subsection (c) shall be prohibited from engaging in the
practice of pharmacy in this State.
(c-5) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a pharmacist, registered pharmacy technician, or
registered certified pharmacy technician based solely upon the
pharmacist, registered pharmacy technician, or registered
certified pharmacy technician providing, authorizing,
recommending, aiding, assisting, referring for, or otherwise
participating in any health care service, so long as the care
was not unlawful under the laws of this State, regardless of
whether the patient was a resident of this State or another
state.
(c-10) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or

HB3711 - 239 - LRB104 09787 AAS 19853 b
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a pharmacist, registered pharmacy technician, or
registered certified pharmacy technician based upon the
pharmacist's, registered pharmacy technician's, or registered
certified pharmacy technician's license being revoked or
suspended, or the pharmacist being otherwise disciplined by
any other state, if that revocation, suspension, or other form
of discipline was based solely on the pharmacist, registered
pharmacy technician, or registered certified pharmacy
technician violating another state's laws prohibiting the
provision of, authorization of, recommendation of, aiding or
assisting in, referring for, or participation in any health
care service if that health care service as provided would not
have been unlawful under the laws of this State and is
consistent with the standards of conduct for a pharmacist,
registered pharmacy technician, or registered certified
pharmacy technician practicing in Illinois.
(c-15) The conduct specified in subsections (c-5) and
(c-10) shall not constitute grounds for suspension under
Section 35.16.
(c-20) An applicant seeking licensure, certification, or
authorization pursuant to this Act who has been subject to
disciplinary action by a duly authorized professional
disciplinary agency of another jurisdiction solely on the
basis of having provided, authorized, recommended, aided,

HB3711 - 240 - LRB104 09787 AAS 19853 b
assisted, referred for, or otherwise participated in health
care shall not be denied such licensure, certification, or
authorization, unless the Department determines that such
action would have constituted reportable professional
misconduct in this State; however, nothing in this Section
shall be construed as prohibiting the Department from
evaluating the conduct of such applicant and making a
determination regarding the licensure, certification, or
authorization to practice a profession under this Act.
(d) 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. Fines shall be paid
within 60 days or as otherwise agreed to by the Department. Any
funds collected from such fines shall be deposited in the
Illinois State Pharmacy Disciplinary Fund.
(e) The entry of an order or judgment by any circuit court
establishing that any person holding a license or certificate
under this Act is a person in need of mental treatment operates
as a suspension of that license. A licensee may resume his or
her practice only upon the entry of an order of the Department
based upon a finding by the Board that he or she has been
determined to be recovered from mental illness by the court
and upon the Board's recommendation that the licensee be
permitted to resume his or her practice.
(f) The Department shall issue quarterly to the Board a

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status of all complaints related to the profession received by
the Department.
(g) In enforcing this Section, the Board or the
Department, upon a showing of a possible violation, may compel
any licensee or applicant for licensure under this Act to
submit to a mental or physical examination or both, as
required by and at the expense of the Department. The
examining physician, or multidisciplinary team involved in
providing physical and mental examinations led by a physician
consisting of one or a combination of licensed physicians,
licensed clinical psychologists, licensed clinical social
workers, licensed clinical professional counselors, and other
professional and administrative staff, shall be those
specifically designated by the Department. The Board or the
Department may order the examining physician or any member of
the multidisciplinary team to present testimony concerning
this mental or physical examination of the licensee or
applicant. No information, report, or other documents in any
way related to the examination shall be excluded by reason of
any common law or statutory privilege relating to
communication between the licensee or applicant and the
examining physician or any member of the multidisciplinary
team. 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 a mental or physical examination when directed shall

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result in the automatic suspension of his or her license until
such time as the individual submits to the examination. If the
Board or Department finds a pharmacist, registered certified
pharmacy technician, or registered pharmacy technician unable
to practice because of the reasons set forth in this Section,
the Board or Department shall require such pharmacist,
registered certified pharmacy technician, or registered
pharmacy technician to submit to care, counseling, or
treatment by physicians or other appropriate health care
providers approved or designated by the Department as a
condition for continued, restored, or renewed licensure to
practice. Any pharmacist, registered certified pharmacy
technician, or registered pharmacy technician whose license
was granted, continued, restored, renewed, disciplined, or
supervised, subject to such terms, conditions, or
restrictions, and who fails to comply with such terms,
conditions, or restrictions or to complete a required program
of care, counseling, or treatment, as determined by the chief
pharmacy coordinator, shall be referred to the Secretary for a
determination as to whether the licensee shall have his or her
license suspended immediately, pending a hearing by the Board.
In instances in which the Secretary immediately suspends a
license under this subsection (g), a hearing upon such
person's license must be convened by the Board within 15 days
after such suspension and completed without appreciable delay.
The Department and Board shall have the authority to review

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the subject pharmacist's, registered certified pharmacy
technician's, or registered pharmacy technician's record of
treatment and counseling regarding the impairment.
(h) An individual or organization acting in good faith,
and not in a willful and wanton manner, in complying with this
Section by providing a report or other information to the
Board, by assisting in the investigation or preparation of a
report or information, by participating in proceedings of the
Board, or by serving as a member of the Board shall not, as a
result of such actions, be subject to criminal prosecution or
civil damages. Any person who reports a violation of this
Section to the Department is protected under subsection (b) of
Section 15 of the Whistleblower Act.
(i) Members of the Board shall have no liability in any
action based upon any disciplinary proceedings or other
activity performed in good faith as a member of the Board. The
Attorney General shall defend all such actions unless he or
she determines either that there would be a conflict of
interest in such representation or that the actions complained
of were not in good faith or were willful and wanton.
If the Attorney General declines representation, the
member shall have the right to employ counsel of his or her
choice, whose fees shall be provided by the State, after
approval by the Attorney General, unless there is a
determination by a court that the member's actions were not in
good faith or were willful and wanton.

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The member must notify the Attorney General within 7 days
of receipt of notice of the initiation of any action involving
services of the Board. Failure to so notify the Attorney
General shall constitute an absolute waiver of the right to a
defense and indemnification.
The Attorney General shall determine, within 7 days after
receiving such notice, whether he or she will undertake to
represent the member.
(j) The Department may adopt rules to implement,
administer, and enforce this Section the changes made by this
amendatory Act of the 102nd General Assembly.
(Source: P.A. 101-621, eff. 1-1-20; 102-882, eff. 1-1-23;
102-1117, eff. 1-13-23.)
Section 115. The Illinois Physical Therapy Act is amended
by changing Section 17 as follows:
(225 ILCS 90/17) (from Ch. 111, par. 4267)
(Section scheduled to be repealed on January 1, 2026)
Sec. 17. (1) The Department may refuse to issue or to
renew, or may revoke, suspend, place on probation, reprimand,
or take other disciplinary action as the Department deems
appropriate, including the issuance of fines not to exceed
$5000, with regard to a license for any one or a combination of
the following:
A. Material misstatement in furnishing information to

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the Department or otherwise making misleading, deceptive,
untrue, or fraudulent representations in violation of this
Act or otherwise in the practice of the profession;
B. Violations of this Act, or of the rules or
regulations promulgated hereunder;
C. Conviction of any crime under the laws of the
United States or any state or territory thereof which is a
felony or which is a misdemeanor, an essential element of
which is dishonesty, or of any crime which is directly
related to the practice of the profession; conviction, as
used in this paragraph, shall include a finding or verdict
of guilty, an admission of guilt or a plea of nolo
contendere;
D. Making any misrepresentation for the purpose of
obtaining licenses, or violating any provision of this Act
or the rules promulgated thereunder pertaining to
advertising;
E. A pattern of practice or other behavior which
demonstrates incapacity or incompetency to practice under
this Act;
F. Aiding or assisting another person in violating any
provision of this Act or Rules;
G. Failing, within 60 days, to provide information in
response to a written request made by the Department;
H. Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,

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defraud or harm the public. Unprofessional conduct shall
include any departure from or the failure to conform to
the minimal standards of acceptable and prevailing
physical therapy practice, in which proceeding actual
injury to a patient need not be established;
I. Unlawful distribution of any drug or narcotic, or
unlawful conversion of any drug or narcotic not belonging
to the person for such person's own use or benefit or for
other than medically accepted therapeutic purposes;
J. Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
which results in a physical therapist's or physical
therapist assistant's inability to practice with
reasonable judgment, skill or safety;
K. Revocation or suspension of a license to practice
physical therapy as a physical therapist or physical
therapist assistant or the taking of other disciplinary
action by the proper licensing authority of another state,
territory or country;
L. Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership, or association
any fee, commission, rebate or other form of compensation
for any professional services not actually or personally
rendered. Nothing contained in this paragraph prohibits
persons holding valid and current licenses under this Act
from practicing physical therapy in partnership under a

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partnership agreement, including a limited liability
partnership, a limited liability company, or a corporation
under the Professional Service Corporation Act or from
pooling, sharing, dividing, or apportioning the fees and
monies received by them or by the partnership, company, or
corporation in accordance with the partnership agreement
or the policies of the company or professional
corporation. Nothing in this paragraph (L) 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 (L) shall be construed to require an employment
arrangement to receive professional fees for services
rendered;
M. A finding by the Board that the licensee after
having his or her license placed on probationary status
has violated the terms of probation;
N. Abandonment of a patient;
O. Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act;

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P. Willfully failing to report an instance of
suspected elder abuse or neglect as required by the Elder
Abuse Reporting Act;
Q. Physical illness, including but not limited to,
deterioration through the aging process, or loss of motor
skill which results in the inability to practice the
profession with reasonable judgement, skill or safety;
R. The use of any words (such as physical therapy,
physical therapist physiotherapy or physiotherapist),
abbreviations, figures or letters with the intention of
indicating practice as a licensed physical therapist
without a valid license as a physical therapist issued
under this Act;
S. The use of the term physical therapist assistant,
or abbreviations, figures, or letters with the intention
of indicating practice as a physical therapist assistant
without a valid license as a physical therapist assistant
issued under this Act;
T. Willfully violating or knowingly assisting in the
violation of any law of this State relating to the
practice of abortion;
U. Continued practice by a person knowingly having an
infectious, communicable or contagious disease;
V. Having treated ailments of human beings otherwise
than by the practice of physical therapy as defined in
this Act, or having treated ailments of human beings as a

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licensed physical therapist in violation of Section 1.2;
W. Being named as a perpetrator in an indicated report
by the Department of Children and Family Services pursuant
to 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;
X. Interpretation of referrals, performance of
evaluation procedures, planning or making major
modifications of patient programs by a physical therapist
assistant;
Y. Failure by a physical therapist assistant and
supervising physical therapist to maintain continued
contact, including periodic personal supervision and
instruction, to insure safety and welfare of patients;
Z. Violation of the Health Care Worker Self-Referral
Act; and .
AA. Failure to report actual or alleged reportable
misconduct or an investigation related to actual or
alleged reportable misconduct in accordance with Section
2105-390 of the Department of Professional Regulation Law
of the Civil Administrative Code of Illinois.
(2) 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

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Code operates as an automatic suspension. Such suspension will
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; and upon the recommendation of the Board to the
Director that the licensee be allowed to resume his practice.
(3) The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the
tax, penalty or interest shown in a filed return, or to pay any
final assessment of 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.
(Source: P.A. 100-513, eff. 1-1-18; 100-897, eff. 8-16-18.)
Section 120. The Physician Assistant Practice Act of 1987
is amended by changing Section 21 as follows:
(225 ILCS 95/21) (from Ch. 111, par. 4621)
(Section scheduled to be repealed on January 1, 2028)
Sec. 21. Grounds for disciplinary action.
(a) The Department may refuse to issue or to renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action with regard to any
license issued under this Act as the Department may deem
proper, including the issuance of fines not to exceed $10,000

HB3711 - 251 - LRB104 09787 AAS 19853 b
for each violation, for any one or combination of the
following causes:
(1) Material misstatement in furnishing information to
the Department.
(2) Violations of this Act, or the rules adopted under
this Act.
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or
sentencing, including, but not limited to, convictions,
preceding sentences of supervision, conditional discharge,
or first offender probation, under the laws of any
jurisdiction of the United States that is: (i) a felony;
or (ii) a misdemeanor, an essential element of which is
dishonesty, or that is directly related to the practice of
the profession.
(4) Making any misrepresentation for the purpose of
obtaining licenses.
(5) Professional incompetence.
(6) Aiding or assisting another person in violating
any provision of this Act or its rules.
(7) Failing, within 60 days, to provide information in
response to a written request made by the Department.
(8) Engaging in dishonorable, unethical, or
unprofessional conduct, as defined by rule, of a character
likely to deceive, defraud, or harm the public.
(9) Habitual or excessive use or addiction to alcohol,

HB3711 - 252 - LRB104 09787 AAS 19853 b
narcotics, stimulants, or any other chemical agent or drug
that results in a physician assistant's inability to
practice with reasonable judgment, skill, or safety.
(10) Discipline by another U.S. jurisdiction or
foreign nation, if at least one of the grounds for
discipline is the same or substantially equivalent to
those set forth in this Section.
(11) Directly or indirectly giving to or receiving
from any person, firm, corporation, partnership, or
association any fee, commission, rebate or other form of
compensation for any professional services not actually or
personally rendered. Nothing in this paragraph (11)
affects any bona fide independent contractor or employment
arrangements, which may include provisions for
compensation, health insurance, pension, or other
employment benefits, with persons or entities authorized
under this Act for the provision of services within the
scope of the licensee's practice under this Act.
(12) A finding by the Board that the licensee, after
having his or her license placed on probationary status,
has violated the terms of probation.
(13) Abandonment of a patient.
(14) Willfully making or filing false records or
reports in his or her practice, including but not limited
to false records filed with State agencies or departments.
(15) Willfully failing to report an instance of

HB3711 - 253 - LRB104 09787 AAS 19853 b
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(16) Physical illness, or mental illness or impairment
that results in the inability to practice the profession
with reasonable judgment, skill, or safety, including, but
not limited to, deterioration through the aging process or
loss of motor skill.
(17) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(18) (Blank).
(19) Gross negligence resulting in permanent injury or
death of a patient.
(20) Employment of fraud, deception or any unlawful
means in applying for or securing a license as a physician
assistant.
(21) Exceeding the authority delegated to him or her
by his or her collaborating physician in a written
collaborative agreement.
(22) Immoral conduct in the commission of any act,
such as sexual abuse, sexual misconduct, or sexual
exploitation related to the licensee's practice.

HB3711 - 254 - LRB104 09787 AAS 19853 b
(23) Violation of the Health Care Worker Self-Referral
Act.
(24) Practicing under a false or assumed name, except
as provided by law.
(25) Making a false or misleading statement regarding
his or her skill or the efficacy or value of the medicine,
treatment, or remedy prescribed by him or her in the
course of treatment.
(26) Allowing another person to use his or her license
to practice.
(27) Prescribing, selling, administering,
distributing, giving, or self-administering a drug
classified as a controlled substance for other than
medically accepted therapeutic purposes.
(28) Promotion of the sale of drugs, devices,
appliances, or goods provided for a patient in a manner to
exploit the patient for financial gain.
(29) A pattern of practice or other behavior that
demonstrates incapacity or incompetence to practice under
this Act.
(30) Violating State or federal laws or regulations
relating to controlled substances or other legend drugs or
ephedra as defined in the Ephedra Prohibition Act.
(31) Exceeding the prescriptive authority delegated by
the collaborating physician or violating the written
collaborative agreement delegating that authority.

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(32) Practicing without providing to the Department a
notice of collaboration or delegation of prescriptive
authority.
(33) Failure to establish and maintain records of
patient care and treatment as required by law.
(34) Attempting to subvert or cheat on the examination
of the National Commission on Certification of Physician
Assistants or its successor agency.
(35) Willfully or negligently violating the
confidentiality between physician assistant and patient,
except as required by law.
(36) Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act.
(37) Being named as an abuser in a verified report by
the Department on Aging under the Adult Protective
Services Act and upon proof by clear and convincing
evidence that the licensee abused, neglected, or
financially exploited an eligible adult as defined in the
Adult Protective Services Act.
(38) Failure to report to the Department an adverse
final action taken against him or her by another licensing
jurisdiction of the United States or a foreign state or
country, a peer review body, a health care institution, a
professional society or association, a governmental

HB3711 - 256 - LRB104 09787 AAS 19853 b
agency, a law enforcement agency, or a court acts or
conduct similar to acts or conduct that would constitute
grounds for action under this Section.
(39) Failure to provide copies of records of patient
care or treatment, except as required by law.
(40) Entering into an excessive number of written
collaborative agreements with licensed physicians
resulting in an inability to adequately collaborate.
(41) Repeated failure to adequately collaborate with a
collaborating physician.
(42) Violating the Compassionate Use of Medical
Cannabis Program Act.
(43) Failure to report actual or alleged reportable
misconduct or an investigation related to actual or
alleged reportable misconduct in accordance with Section
2105-390 of the Department of Professional Regulation Law
of the Civil Administrative Code of Illinois.
(b) The Department may, without a hearing, refuse to issue
or renew or may suspend the license of any person who fails to
file a return, or to pay the tax, penalty or interest shown in
a filed return, or to pay any final assessment of the tax,
penalty, or interest as required by any tax Act administered
by the Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied.
(b-5) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or

HB3711 - 257 - LRB104 09787 AAS 19853 b
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a physician assistant based solely upon the
physician assistant providing, authorizing, recommending,
aiding, assisting, referring for, or otherwise participating
in any health care service, so long as the care was not
unlawful under the laws of this State, regardless of whether
the patient was a resident of this State or another state.
(b-10) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a physician assistant based upon the physician
assistant's license being revoked or suspended, or the
physician assistant being otherwise disciplined by any other
state, if that revocation, suspension, or other form of
discipline was based solely on the physician assistant
violating another state's laws prohibiting the provision of,
authorization of, recommendation of, aiding or assisting in,
referring for, or participation in any health care service if
that health care service as provided would not have been
unlawful under the laws of this State and is consistent with
the standards of conduct for a physician assistant practicing
in Illinois.
(b-15) The conduct specified in subsections (b-5) and
(b-10) shall not constitute grounds for suspension under

HB3711 - 258 - LRB104 09787 AAS 19853 b
Section 22.13.
(b-20) An applicant seeking licensure, certification, or
authorization pursuant to this Act who has been subject to
disciplinary action by a duly authorized professional
disciplinary agency of another jurisdiction solely on the
basis of having provided, authorized, recommended, aided,
assisted, referred for, or otherwise participated in health
care shall not be denied such licensure, certification, or
authorization, unless the Department determines that such
action would have constituted reportable professional
misconduct in this State; however, nothing in this Section
shall be construed as prohibiting the Department from
evaluating the conduct of such applicant and making a
determination regarding the licensure, certification, or
authorization to practice a profession under this Act.
(c) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. The suspension will
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and issues an order so finding and discharging the patient,
and upon the recommendation of the Board to the Secretary that
the licensee be allowed to resume his or her practice.
(d) In enforcing this Section, the Department upon a
showing of a possible violation may compel an individual

HB3711 - 259 - LRB104 09787 AAS 19853 b
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, which may include a substance abuse or
sexual offender evaluation, as required by and at the expense
of the Department.
The Department shall specifically designate the examining
physician licensed to practice medicine in all of its branches
or, if applicable, the multidisciplinary team involved in
providing the mental or physical examination or both. The
multidisciplinary team shall be led by a physician licensed to
practice medicine in all of its branches and may consist of one
or more or a combination of physicians licensed to practice
medicine in all of its branches, licensed clinical
psychologists, licensed clinical social workers, licensed
clinical professional counselors, and other professional and
administrative staff. Any examining physician or member of the
multidisciplinary team may require any person ordered to
submit to an examination pursuant to this Section to submit to
any additional supplemental testing deemed necessary to
complete any examination or evaluation process, including, but
not limited to, blood testing, urinalysis, psychological
testing, or neuropsychological testing.
The Department may order the examining physician or any
member of the multidisciplinary team to provide to the
Department any and all records, including business records,
that relate to the examination and evaluation, including any

HB3711 - 260 - LRB104 09787 AAS 19853 b
supplemental testing performed.
The Department may order the examining physician or any
member of the multidisciplinary team to present testimony
concerning the mental or physical examination of the licensee
or applicant. No information, report, record, or other
documents in any way related to the examination shall be
excluded by reason of any common law or statutory privilege
relating to communications between the licensee or applicant
and the examining physician or any member of the
multidisciplinary team. No authorization is necessary from the
licensee or applicant ordered to undergo an examination for
the examining physician or any member of the multidisciplinary
team to provide information, reports, records, or other
documents or to provide any testimony regarding the
examination and evaluation.
The individual to be examined may have, at his or her own
expense, another physician of his or her choice present during
all aspects of this examination. However, that physician shall
be present only to observe and may not interfere in any way
with the examination.
Failure of an individual to submit to a mental or physical
examination, when ordered, shall result in an automatic
suspension of his or her license until the individual submits
to the examination.
If the Department finds an individual unable to practice
because of the reasons set forth in this Section, the

HB3711 - 261 - LRB104 09787 AAS 19853 b
Department may require that individual to submit to care,
counseling, or treatment by physicians approved or designated
by the Department, as a condition, term, or restriction for
continued, reinstated, or renewed licensure to practice; or,
in lieu of care, counseling, or treatment, the Department may
file a complaint to immediately suspend, revoke, or otherwise
discipline the license of the individual. An individual whose
license was granted, continued, reinstated, renewed,
disciplined, or supervised subject to such terms, conditions,
or restrictions, and who fails to comply with such terms,
conditions, or restrictions, shall be referred to the
Secretary for a determination as to whether the individual
shall have his or her license suspended immediately, pending a
hearing by the Department.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that
person's license must be convened by the Department within 30
days after the suspension and completed without appreciable
delay. The Department shall have the authority to review the
subject individual's record of treatment and counseling
regarding the impairment to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate
to the Department that he or she can resume practice in

HB3711 - 262 - LRB104 09787 AAS 19853 b
compliance with acceptable and prevailing standards under the
provisions of his or her license.
(e) An individual or organization acting in good faith,
and not in a willful and wanton manner, in complying with this
Section by providing a report or other information to the
Board, by assisting in the investigation or preparation of a
report or information, by participating in proceedings of the
Board, or by serving as a member of the Board, shall not be
subject to criminal prosecution or civil damages as a result
of such actions.
(f) Members of the Board shall be indemnified by the State
for any actions occurring within the scope of services on the
Board, done in good faith and not willful and wanton in nature.
The Attorney General shall defend all such actions unless he
or she determines either that there would be a conflict of
interest in such representation or that the actions complained
of were not in good faith or were willful and wanton.
If the Attorney General declines representation, the
member has the right to employ counsel of his or her choice,
whose fees shall be provided by the State, after approval by
the Attorney General, unless there is a determination by a
court that the member's actions were not in good faith or were
willful and wanton.
The member must notify the Attorney General within 7 days
after receipt of notice of the initiation of any action
involving services of the Board. Failure to so notify the

HB3711 - 263 - LRB104 09787 AAS 19853 b
Attorney General constitutes an absolute waiver of the right
to a defense and indemnification.
The Attorney General shall determine, within 7 days after
receiving such notice, whether he or she will undertake to
represent the member.
(g) The Department may adopt rules to implement,
administer, and enforce this Section the changes made by this
amendatory Act of the 102nd General Assembly.
(Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21;
102-1117, eff. 1-13-23.)
Section 125. The Podiatric Medical Practice Act of 1987 is
amended by changing Section 24 as follows:
(225 ILCS 100/24) (from Ch. 111, par. 4824)
(Section scheduled to be repealed on January 1, 2028)
Sec. 24. Grounds for disciplinary action. The Department
may refuse to issue, may refuse to renew, may refuse to
restore, may suspend, or may revoke any license, or may place
on probation, reprimand or take other disciplinary or
non-disciplinary action as the Department may deem proper,
including fines not to exceed $10,000 for each violation upon
anyone licensed under this Act for any of the following
reasons:
(1) Making a material misstatement in furnishing
information to the Department.

HB3711 - 264 - LRB104 09787 AAS 19853 b
(2) Violations of this Act, or of the rules adopted
under this Act.
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or
sentencing, including, but not limited to, convictions,
preceding sentences of supervision, conditional discharge,
or first offender probation, under the laws of any
jurisdiction of the United States that is (i) a felony or
(ii) a misdemeanor, an essential element of which is
dishonesty, or that is directly related to the practice of
the profession.
(4) Making any misrepresentation for the purpose of
obtaining licenses, or violating any provision of this Act
or the rules promulgated thereunder pertaining to
advertising.
(5) Professional incompetence.
(6) Gross or repeated malpractice or negligence.
(7) Aiding or assisting another person in violating
any provision of this Act or rules.
(8) Failing, within 30 days, to provide information 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 of alcohol, narcotics,
stimulants, or other chemical agent or drug that results

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in the inability to practice podiatric medicine with
reasonable judgment, skill or safety.
(11) Discipline by another United States jurisdiction
if at least one of the grounds for the discipline is the
same or substantially equivalent to those set forth in
this Section.
(12) Violation of the prohibition against fee
splitting in Section 24.2 of this Act.
(13) A finding by the Board that the licensee, after
having his or her license placed on probationary status,
has violated the terms of probation.
(14) Abandonment of a patient.
(15) Willfully making or filing false records or
reports in his or her practice, including, but not limited
to, false records filed with state agencies or
departments.
(16) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Report Act.
(17) Physical illness, mental illness, or other
impairment, 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.
(18) Solicitation of professional services other than
permitted advertising.

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(19) The determination by a circuit court that a
licensed podiatric physician is subject to involuntary
admission or judicial admission as provided in the Mental
Health and Developmental Disabilities Code operates as an
automatic suspension. Such suspension will end only upon a
finding by a court that the patient is no longer subject to
involuntary admission or judicial admission and issues an
order so finding and discharging the patient; and upon the
recommendation of the Board to the Secretary that the
licensee be allowed to resume his or her practice.
(20) Holding oneself out to treat human ailments under
any name other than his or her own, or the impersonation of
any other physician.
(21) Revocation or suspension or other action taken
with respect to a podiatric medical license in another
jurisdiction that would constitute disciplinary action
under this Act.
(22) 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
podiatric physician.
(23) Gross, willful, and continued overcharging for
professional services including filing false statements
for collection of fees for those services, including, but
not limited to, filing false statement for collection of
monies for services not rendered from the medical

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assistance program of the Department of Healthcare and
Family Services (formerly Department of Public Aid) under
the Illinois Public Aid Code or other private or public
third party payor.
(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
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(25) Willfully making or filing false records or
reports in the practice of podiatric medicine, including,
but not limited to, false records to support claims
against the medical assistance program of the Department
of Healthcare and Family Services (formerly Department of
Public Aid) under the Illinois Public Aid Code.
(26) (Blank).
(27) Immoral conduct in the commission of any act
including, sexual abuse, sexual misconduct, or sexual
exploitation, related to the licensee's practice.
(28) Violation of the Health Care Worker Self-Referral
Act.
(29) Failure to report to the Department any adverse
final action taken against him or her by another licensing
jurisdiction of the United States or any foreign state or

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country, any peer review body, any health care
institution, any professional society or association, any
governmental agency, any law enforcement agency, or any
court for acts or conduct similar to acts or conduct that
would constitute grounds for action as defined in this
Section.
(30) Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act.
(31) Being named as a perpetrator in an indicated
report by the Department on Aging under the Adult
Protective Services Act, and upon proof by clear and
convincing evidence that the licensee has caused an
eligible adult to be abused, neglected, or financially
exploited as defined in the Adult Protective Services Act.
(32) Failure to report actual or alleged reportable
misconduct or an investigation related to actual or
alleged reportable misconduct in accordance with Section
2105-390 of the Department of Professional Regulation Law
of the Civil Administrative Code of Illinois.
The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the
tax, penalty, or interest shown in a filed return, or to pay
any final assessment of tax, penalty, or interest, as required
by any tax Act administered by the Illinois Department of

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Revenue, until such time as the requirements of any such tax
Act are satisfied.
Upon receipt of a written communication from the Secretary
of Human Services, the Director of Healthcare and Family
Services (formerly Director of Public Aid), or the Director of
Public Health that continuation of practice of a person
licensed under this Act constitutes an immediate danger to the
public, the Secretary may immediately suspend the license of
such person without a hearing. 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
Board within 15 days after such suspension and completed
without appreciable delay, such hearing held to determine
whether to recommend to the Secretary that the person's
license be revoked, suspended, placed on probationary status,
or restored, or such person be subject to other disciplinary
action. In such hearing, the written communication and any
other evidence submitted therewith may be introduced as
evidence against such person; provided, however, the person or
his counsel shall have the opportunity to discredit or impeach
such evidence and submit evidence rebutting the same.
Except for fraud in procuring a license, all proceedings
to suspend, revoke, place on probationary status, or take any
other disciplinary action as the Department may deem proper,
with regard to a license on any of the foregoing grounds, must
be commenced within 5 years after receipt by the Department of

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a complaint alleging the commission of or notice of the
conviction order for any of the acts described in this
Section. Except for the grounds set forth in items (8), (9),
(26), and (29) of this Section, no action shall be commenced
more than 10 years after the date of the incident or act
alleged to have been a violation of this Section. 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 26 of
this Act of such settlement or final judgment in which to
investigate and commence formal disciplinary proceedings under
Section 24 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.
In enforcing this Section, the Department or Board upon a
showing of a possible violation may compel an individual
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, as required by and at the expense of the
Department. The Department or Board may order the examining

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physician to present testimony concerning the mental or
physical examination of the licensee or applicant. No
information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physicians shall be specifically designated by the
Board or Department. The individual to be examined may have,
at his or her own expense, another physician of his or her
choice present during all aspects of this examination. Failure
of an individual to submit to a mental or physical
examination, when directed, shall be grounds for suspension of
his or her license until the individual submits to the
examination if the Department finds, after notice and hearing,
that the refusal to submit to the examination was without
reasonable cause.
If the Department or Board finds an individual unable to
practice because of the reasons set forth in this Section, the
Department or Board may require that individual to submit to
care, counseling, or treatment by physicians approved or
designated by the Department or Board, as a condition, term,
or restriction for continued, restored, or renewed licensure
to practice; or, in lieu of care, counseling, or treatment,
the Department may file, or the Board may recommend to the
Department to file, a complaint to immediately suspend,
revoke, or otherwise discipline the license of the individual.
An individual whose license was granted, continued, restored,

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renewed, disciplined, or supervised subject to such terms,
conditions, or restrictions, and who fails to comply with such
terms, conditions, or restrictions, shall be referred to the
Secretary for a determination as to whether the individual
shall have his or her license suspended immediately, pending a
hearing by the Department.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that
person's license must be convened by the Department within 30
days after the suspension and completed without appreciable
delay. The Department and Board shall have the authority to
review the subject individual's record of treatment and
counseling regarding the impairment to the extent permitted by
applicable federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate
to the Department or Board that he or she can resume practice
in compliance with acceptable and prevailing standards under
the provisions of his or her license.
(Source: P.A. 100-525, eff. 9-22-17; revised 8-6-24.)
Section 130. The Respiratory Care Practice Act is amended
by changing Section 95 as follows:
(225 ILCS 106/95)

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(Section scheduled to be repealed on January 1, 2026)
Sec. 95. Grounds for discipline.
(a) The Department may refuse to issue, renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action as the Department
considers appropriate, including the issuance of fines not to
exceed $10,000 for each violation, with regard to any license
for any one or combination of the following:
(1) Material misstatement in furnishing information to
the Department or to any other State or federal agency.
(2) Violations of this Act, or any of the rules
adopted under this Act.
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or 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 or any
state or territory thereof: (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) Making any misrepresentation for the purpose of
obtaining a license.
(5) Professional incompetence or negligence in the
rendering of respiratory care services.

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(6) Malpractice.
(7) Aiding or assisting another person in violating
any rules or provisions of this Act.
(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) Violating the rules of professional conduct
adopted by the Department.
(11) Discipline by another jurisdiction, 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
rendered. 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

HB3711 - 275 - LRB104 09787 AAS 19853 b
require an employment arrangement to receive professional
fees for services rendered.
(13) A finding that the licensee, after having her or
his license placed on probationary status or subject to
conditions or restrictions, has violated the terms of
probation or failed to comply with such terms or
conditions.
(14) Abandonment of a patient.
(15) Willfully filing false records or reports
relating to a licensee's practice including, but not
limited to, false records filed with a federal or State
agency or department.
(16) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(17) Providing respiratory care, other than pursuant
to an order.
(18) Physical or mental disability including, but not
limited to, deterioration through the aging process or
loss of motor skills that results in the inability to
practice the profession with reasonable judgment, skill,
or safety.
(19) Solicitation of professional services by using
false or misleading advertising.
(20) Failure to file a tax return, or to pay the tax,
penalty, or interest shown in a filed return, or to pay any

HB3711 - 276 - LRB104 09787 AAS 19853 b
final assessment of tax penalty, or interest, as required
by any tax Act administered by the Illinois Department of
Revenue or any successor agency or the Internal Revenue
Service or any successor agency.
(21) Irregularities in billing a third party for
services rendered or in reporting charges for services not
rendered.
(22) 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.
(23) Habitual or excessive use or addiction to
alcohol, narcotics, stimulants, or any other chemical
agent or drug that results in an inability to practice
with reasonable skill, judgment, or safety.
(24) Being named as a perpetrator in an indicated
report by the Department on Aging under the Adult
Protective Services Act, and upon proof by clear and
convincing evidence that the licensee has caused an adult
with disabilities or an older adult to be abused or
neglected as defined in the Adult Protective Services Act.
(25) Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or

HB3711 - 277 - LRB104 09787 AAS 19853 b
self-neglect of an adult with disabilities or an older
adult as required by the Adult Protective Services Act.
(26) Willful omission to file or record, or willfully
impeding the filing or recording, or inducing another
person to omit to file or record medical reports as
required by law or willfully failing to report an instance
of suspected child abuse or neglect as required by the
Abused and Neglected Child Reporting Act.
(27) Practicing under a false or assumed name, except
as provided by law.
(28) Willfully or negligently violating the
confidentiality between licensee and patient, except as
required by law.
(29) The use of any false, fraudulent, or deceptive
statement in any document connected with the licensee's
practice.
(30) Failure to report actual or alleged reportable
misconduct or an investigation related to actual or
alleged reportable misconduct in accordance with Section
2105-390 of the Department of Professional Regulation Law
of the Civil Administrative Code of Illinois.
(b) The determination by a court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code will result in an automatic suspension of his or her
license. The suspension will end upon a finding by a court that

HB3711 - 278 - LRB104 09787 AAS 19853 b
the licensee is no longer subject to involuntary admission or
judicial admission, the issuance of an order so finding and
discharging the patient, and the recommendation of the Board
to the Secretary that the licensee be allowed to resume his or
her practice.
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.
(Source: P.A. 98-49, eff. 7-1-13; 99-230, eff. 8-3-15.)
Section 135. The Professional Counselor and Clinical
Professional Counselor Licensing and Practice Act is amended
by changing Section 80 as follows:
(225 ILCS 107/80)
(Section scheduled to be repealed on January 1, 2028)
Sec. 80. Grounds for discipline.
(a) The Department may refuse to issue, renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action as the Department
deems appropriate, including the issuance of fines not to
exceed $10,000 for each violation, with regard to any license
for any one or more of the following:
(1) Material misstatement in furnishing information to
the Department or to any other State agency.

HB3711 - 279 - LRB104 09787 AAS 19853 b
(2) Violations or negligent or intentional disregard
of this Act or rules adopted under this Act.
(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 in
the rendering of professional counseling or clinical
professional counseling services.
(6) Malpractice.
(7) Aiding or assisting another person in violating
any provision of this Act or any 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 and violating the rules of
professional conduct adopted by the Department.

HB3711 - 280 - LRB104 09787 AAS 19853 b
(10) Habitual or excessive use or abuse of drugs as
defined in law as controlled substances, alcohol, or any
other substance which results in inability to practice
with reasonable skill, judgment, or safety.
(11) Discipline by another jurisdiction, the District
of Columbia, territory, county, or governmental agency, if
at least one of the grounds for the discipline is the same
or substantially equivalent to those set forth in this
Section.
(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 service not actually
rendered. 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) A finding by the Board that the licensee, after
having the license placed on probationary status, has

HB3711 - 281 - LRB104 09787 AAS 19853 b
violated the terms of probation.
(14) Abandonment of a client.
(15) Willfully filing false reports relating to a
licensee's practice, including but not limited to false
records filed with federal or State agencies or
departments.
(16) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act and in matters
pertaining to suspected abuse, neglect, financial
exploitation, or self-neglect of adults with disabilities
and older adults as set forth in the Adult Protective
Services Act.
(17) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
pursuant to the Abused and Neglected Child Reporting Act,
and upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(18) Physical or mental illness or disability,
including, but not limited to, deterioration through the
aging process or loss of abilities and skills which
results in the inability to practice the profession with
reasonable judgment, skill, or safety.
(19) Solicitation of professional services by using

HB3711 - 282 - LRB104 09787 AAS 19853 b
false or misleading advertising.
(20) Allowing one's license under this Act to be used
by an unlicensed person in violation of this Act.
(21) A finding that licensure has been applied for or
obtained by fraudulent means.
(22) Practicing under a false or, except as provided
by law, an assumed name.
(23) Gross and willful overcharging for professional
services including filing statements for collection of
fees or moneys for which services are not rendered.
(24) Rendering professional counseling or clinical
professional counseling services without a license or
practicing outside the scope of a license.
(25) Clinical supervisors failing to adequately and
responsibly monitor supervisees.
(26) Failure to report actual or alleged reportable
misconduct or an investigation related to actual or
alleged reportable misconduct in accordance with Section
2105-390 of the Department of Professional Regulation Law
of the Civil Administrative Code of Illinois.
All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the
fine.
(b) (Blank).
(b-5) The Department may refuse to issue or may suspend
without hearing, as provided for in the Code of Civil

HB3711 - 283 - LRB104 09787 AAS 19853 b
Procedure, the license of any person who fails to file a
return, 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.
(b-10) 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.
(c) The determination by a court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code will result in an automatic suspension of his or her
license. The suspension will end upon a finding by a court that

HB3711 - 284 - LRB104 09787 AAS 19853 b
the licensee is no longer subject to involuntary admission or
judicial admission, the issuance of an order so finding and
discharging the patient, and the recommendation of the Board
to the Secretary that the licensee be allowed to resume
professional practice.
(c-1) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a professional counselor or clinical professional
counselor based solely upon the professional counselor or
clinical professional counselor authorizing, recommending,
aiding, assisting, referring for, or otherwise participating
in any health care service, so long as the care was not
unlawful under the laws of this State, regardless of whether
the patient was a resident of this State or another state.
(c-2) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a professional counselor or clinical professional
counselor based upon the professional counselor's or clinical
professional counselor's license being revoked or suspended,
or the professional counselor or clinical professional
counselor being otherwise disciplined by any other state, if
that revocation, suspension, or other form of discipline was

HB3711 - 285 - LRB104 09787 AAS 19853 b
based solely on the professional counselor or clinical
professional counselor violating another state's laws
prohibiting the provision of, authorization of, recommendation
of, aiding or assisting in, referring for, or participation in
any health care service if that health care service as
provided would not have been unlawful under the laws of this
State and is consistent with the standards of conduct for a
professional counselor or clinical professional counselor
practicing in Illinois.
(c-3) The conduct specified in subsection (c-1), (c-2),
(c-6), or (c-7) shall not constitute grounds for suspension
under Section 145.
(c-4) An applicant seeking licensure, certification, or
authorization pursuant to this Act who has been subject to
disciplinary action by a duly authorized professional
disciplinary agency of another jurisdiction solely on the
basis of having authorized, recommended, aided, assisted,
referred for, or otherwise participated in health care shall
not be denied such licensure, certification, or authorization,
unless the Department determines that such action would have
constituted reportable professional misconduct in this State;
however, nothing in this Section shall be construed as
prohibiting the Department from evaluating the conduct of such
applicant and making a determination regarding the licensure,
certification, or authorization to practice a profession under
this Act.

HB3711 - 286 - LRB104 09787 AAS 19853 b
(c-5) In enforcing this Act, the Department, upon a
showing of a possible violation, may compel an individual
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, as required by and at the expense of the
Department. The Department may order the examining physician
to present testimony concerning the mental or physical
examination of the licensee or applicant. No information shall
be excluded by reason of any common law or statutory privilege
relating to communications between the licensee or applicant
and the examining physician. The examining physicians shall be
specifically designated by the Department. The individual to
be examined may have, at his or her own expense, another
physician of his or her choice present during all aspects of
this examination. The examination shall be performed by a
physician licensed to practice medicine in all its branches.
Failure of an individual to submit to a mental or physical
examination, when directed, shall result in an automatic
suspension without hearing.
All substance-related violations shall mandate an
automatic substance abuse assessment. Failure to submit to an
assessment by a licensed physician who is certified as an
addictionist or an advanced practice registered nurse with
specialty certification in addictions may be grounds for an
automatic suspension.
If the Department finds an individual unable to practice

HB3711 - 287 - LRB104 09787 AAS 19853 b
or unfit for duty because of the reasons set forth in this
subsection (c-5), the Department may require that individual
to submit to a substance abuse evaluation or treatment by
individuals or programs approved or designated by the
Department, as a condition, term, or restriction for
continued, restored, or renewed licensure to practice; or, in
lieu of evaluation or treatment, the Department may file, or
the Board may recommend to the Department to file, a complaint
to immediately suspend, revoke, or otherwise discipline the
license of the individual. An individual whose license was
granted, continued, restored, renewed, disciplined, or
supervised subject to such terms, conditions, or restrictions,
and who fails to comply with such terms, conditions, or
restrictions, shall be referred to the Secretary for a
determination as to whether the individual shall have his or
her license suspended immediately, pending a hearing by the
Department.
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 designated by the Department as a condition, term,
or restriction for continued, reinstated, or renewed licensure

HB3711 - 288 - LRB104 09787 AAS 19853 b
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.
(c-6) The Department may not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or

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renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a professional counselor or clinical professional
counselor based solely upon an immigration violation by the
counselor.
(c-7) The Department may not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a professional counselor or clinical professional
counselor based upon the professional counselor's or clinical
professional counselor's license being revoked or suspended,
or the professional counselor or clinical professional
counselor being otherwise disciplined by any other state, if
that revocation, suspension, or other form of discipline was
based solely upon an immigration violation by the counselor.
(d) (Blank).
(e) The Department may adopt rules to implement,
administer, and enforce this Section the changes made by this
amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-878, eff. 1-1-23; 102-1117, eff. 1-13-23;
103-715, eff. 1-1-25.)
Section 140. The Sex Offender Evaluation and Treatment
Provider Act is amended by changing Section 75 as follows:

HB3711 - 290 - LRB104 09787 AAS 19853 b
(225 ILCS 109/75)
Sec. 75. Refusal, revocation, or suspension.
(a) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action, as the Department
considers appropriate, including the imposition of fines not
to exceed $10,000 for each violation, with regard to any
license or licensee for any one or more of the following:
(1) violations of this Act or of the rules adopted
under this Act;
(2) discipline by the Department under other state law
and rules which the licensee is subject to;
(3) conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing for 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) professional incompetence;
(5) advertising in a false, deceptive, or misleading
manner;
(6) aiding, abetting, assisting, procuring, advising,
employing, or contracting with any unlicensed person to

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provide sex offender evaluation or treatment services
contrary to any rules or provisions of this Act;
(7) engaging in immoral conduct in the commission of
any act, such as sexual abuse, sexual misconduct, or
sexual exploitation, related to the licensee's practice;
(8) engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public;
(9) practicing or offering to practice beyond the
scope permitted by law or accepting and performing
professional responsibilities which the licensee knows or
has reason to know that he or she is not competent to
perform;
(10) knowingly delegating professional
responsibilities to a person unqualified by training,
experience, or licensure to perform;
(11) failing to provide information in response to a
written request made by the Department within 60 days;
(12) having a habitual or excessive use of or
addiction to alcohol, narcotics, stimulants, or any other
chemical agent or drug which results in the inability to
practice with reasonable judgment, skill, or safety;
(13) having a pattern of practice or other behavior
that demonstrates incapacity or incompetence to practice
under this Act;
(14) discipline by another state, District of

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Columbia, territory, or foreign nation, if at least one of
the grounds for the discipline is the same or
substantially equivalent to those set forth in this
Section;
(15) a finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation;
(16) willfully making or filing false records or
reports in his or her practice, including, but not limited
to, false records filed with State agencies or
departments;
(17) making a material misstatement in furnishing
information to the Department or otherwise making
misleading, deceptive, untrue, or fraudulent
representations in violation of this Act or otherwise in
the practice of the profession;
(18) 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;
(19) inability to practice the profession with
reasonable judgment, skill, or safety as a result of
physical illness, including, but not limited to,
deterioration through the aging process, loss of motor
skill, or a mental illness or disability;
(20) charging for professional services not rendered,
including filing false statements for the collection of

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fees for which services are not rendered; or
(21) practicing under a false or, except as provided
by law, an assumed name; or .
(22) failure to report actual or alleged reportable
misconduct or an investigation related to actual or
alleged reportable misconduct in accordance with Section
2105-390 of the Department of Professional Regulation Law
of the Civil Administrative Code of Illinois.
All fines shall be paid within 60 days of the effective
date of the order imposing the fine.
(b) The Department may refuse to issue or may suspend the
license of any person who fails to file a tax return, to pay
the tax, penalty, or interest shown in a filed tax 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
the tax Act are satisfied in accordance with subsection (g) of
Section 2105-15 of the Civil Administrative Code of Illinois.
(c) (Blank).
(d) In cases where the Department of Healthcare and Family
Services has previously determined that 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

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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 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 will
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 a court order so finding and discharging
the patient.
(f) In enforcing this Act, the Department or Board, upon a
showing of a possible violation, may compel an individual
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, as required by and at the expense of the
Department. The Department or Board may order the examining
physician to present testimony concerning the mental or
physical examination of the licensee or applicant. No
information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physician shall be specifically designated by the
Board or Department. The individual to be examined may have,
at his or her own expense, another physician of his or her

HB3711 - 295 - LRB104 09787 AAS 19853 b
choice present during all aspects of this examination. The
examination shall be performed by a physician licensed to
practice medicine in all its branches. Failure of an
individual to submit to a mental or physical examination, when
directed, shall result in an automatic suspension without
hearing.
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 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

HB3711 - 296 - LRB104 09787 AAS 19853 b
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 and Board shall have the authority to
review the subject individual's record of treatment and
counseling regarding the impairment to the extent permitted by
applicable federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and subject to
action under this Section shall be afforded an opportunity to
demonstrate to the Department or Board that he or she can
resume practice in compliance with acceptable and prevailing
standards under the provisions of his or her license.
(Source: P.A. 100-872, eff. 8-14-18; 101-81, eff. 7-12-19.)
Section 145. The Illinois Speech-Language Pathology and
Audiology Practice Act is amended by changing Section 16 as
follows:
(225 ILCS 110/16) (from Ch. 111, par. 7916)
(Section scheduled to be repealed on January 1, 2028)
Sec. 16. Refusal, revocation or suspension of licenses.
(1) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, censure, reprimand or
take other disciplinary or non-disciplinary action as the
Department may deem proper, including fines not to exceed

HB3711 - 297 - LRB104 09787 AAS 19853 b
$10,000 for each violation, with regard to any license for any
one or combination of the following causes:
(a) Fraud in procuring the license.
(b) (Blank).
(c) Willful or repeated violations of the rules of the
Department of Public Health.
(d) Division of fees or agreeing to split or divide
the fees received for speech-language pathology or
audiology services with any person for referring an
individual, or assisting in the care or treatment of an
individual, without the knowledge of the individual or his
or her legal representative. Nothing in this paragraph (d)
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 (d) shall be construed to require an employment
arrangement to receive professional fees for services
rendered.
(e) Employing, procuring, inducing, aiding or abetting
a person not licensed as a speech-language pathologist or
audiologist to engage in the unauthorized practice of

HB3711 - 298 - LRB104 09787 AAS 19853 b
speech-language pathology or audiology.
(e-5) Employing, procuring, inducing, aiding, or
abetting a person not licensed as a speech-language
pathology assistant to perform the functions and duties of
a speech-language pathology assistant.
(f) Making any misrepresentations or false promises,
directly or indirectly, to influence, persuade or induce
patronage.
(g) Professional connection or association with, or
lending his or her name to another for the illegal
practice of speech-language pathology or audiology by
another, or professional connection or association with
any person, firm or corporation holding itself out in any
manner contrary to this Act.
(h) Obtaining or seeking to obtain checks, money, or
any other things of value by false or fraudulent
representations, including but not limited to, engaging in
such fraudulent practice to defraud the medical assistance
program of the Department of Healthcare and Family
Services (formerly Department of Public Aid).
(i) Practicing under a name other than his or her own.
(j) Improper, unprofessional or dishonorable conduct
of a character likely to deceive, defraud or harm the
public.
(k) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or

HB3711 - 299 - LRB104 09787 AAS 19853 b
sentencing, including, but not limited to, convictions,
preceding sentences of supervision, conditional discharge,
or first offender probation, under the laws of any
jurisdiction of the United States that is (i) a felony or
(ii) a misdemeanor, an essential element of which is
dishonesty, or that is directly related to the practice of
the profession.
(1) Permitting a person under his or her supervision
to perform any function not authorized by this Act.
(m) A violation of any provision of this Act or rules
promulgated thereunder.
(n) Discipline by another state, the District of
Columbia, territory, or foreign nation of a license to
practice speech-language pathology or audiology or a
license to practice as a speech-language pathology
assistant in its jurisdiction if at least one of the
grounds for that discipline is the same as or the
equivalent of one of the grounds for discipline set forth
herein.
(o) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(p) Gross or repeated malpractice.
(q) Willfully making or filing false records or
reports in his or her practice as a speech-language
pathologist, speech-language pathology assistant, or

HB3711 - 300 - LRB104 09787 AAS 19853 b
audiologist, including, but not limited to, false records
to support claims against the public assistance program of
the Department of Healthcare and Family Services (formerly
Illinois Department of Public Aid).
(r) Professional incompetence as manifested by poor
standards of care or mental incompetence as declared by a
court of competent jurisdiction.
(s) Repeated irregularities in billing a third party
for services rendered to an individual. For purposes of
this Section, "irregularities in billing" shall include:
(i) reporting excessive charges for the purpose of
obtaining a total payment in excess of that usually
received by the speech-language pathologist,
speech-language pathology assistant, or audiologist
for the services rendered;
(ii) reporting charges for services not rendered;
or
(iii) incorrectly reporting services rendered for
the purpose of obtaining payment not earned.
(t) (Blank).
(u) Violation of the Health Care Worker Self-Referral
Act.
(v) Inability to practice with reasonable judgment,
skill, or safety as a result of habitual or excessive use
of or addiction to alcohol, narcotics, or stimulants or
any other chemical agent or drug or as a result of physical

HB3711 - 301 - LRB104 09787 AAS 19853 b
illness, including, but not limited to, deterioration
through the aging process or loss of motor skill, mental
illness, or disability.
(w) Violation of the Hearing Instrument Consumer
Protection Act.
(x) Failure by a speech-language pathology assistant
and supervising speech-language pathologist to comply with
the supervision requirements set forth in Section 8.8.
(y) Willfully exceeding the scope of duties
customarily undertaken by speech-language pathology
assistants set forth in Section 8.7 that results in, or
may result in, harm to the public.
(z) Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act.
(aa) Being named as a perpetrator in an indicated
report by the Department on Aging under the Adult
Protective Services Act, and upon proof by clear and
convincing evidence that the licensee has caused an
eligible adult to be abused, neglected, or financially
exploited as defined in the Adult Protective Services Act.
(bb) Violating Section 8.2 of this Act.
(cc) Violating Section 8.3 of this Act.
(dd) Failure to report actual or alleged reportable
misconduct or an investigation related to actual or

HB3711 - 302 - LRB104 09787 AAS 19853 b
alleged reportable misconduct in accordance with Section
2105-390 of the Department of Professional Regulation Law
of the Civil Administrative Code of Illinois.
(2) (Blank).
(3) The entry of an order by a circuit court establishing
that any person holding a license under this Act is subject to
involuntary admission or judicial admission as provided for in
the Mental Health and Developmental Disabilities Code,
operates as an automatic suspension of that license. That
person may have his or her license restored only upon the
determination by a circuit 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,
and upon the Board's recommendation to the Department that the
license be restored. Where the circumstances so indicate, the
Board may recommend to the Department that it require an
examination prior to restoring any license automatically
suspended under this subsection.
(4) The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the
tax, penalty, or interest shown in a filed return, or to pay
any final assessment of the tax penalty or interest, as
required by any tax Act administered by the Department of
Revenue, until such time as the requirements of any such tax
Act are satisfied.
(5) In enforcing this Section, the Board upon a showing of

HB3711 - 303 - LRB104 09787 AAS 19853 b
a possible violation may compel an individual licensed to
practice under this Act, or who has applied for licensure
pursuant to this Act, to submit to a mental or physical
examination, or both, as required by and at the expense of the
Department. The examining physicians or clinical psychologists
shall be those specifically designated by the Board. The
individual to be examined may have, at his or her own expense,
another physician or clinical psychologist of his or her
choice present during all aspects of this examination. Failure
of any individual to submit to a mental or physical
examination, when directed, shall be grounds for suspension of
his or her license until the individual submits to the
examination if the Board finds, after notice and hearing, that
the refusal to submit to the examination was without
reasonable cause.
If the Board finds an individual unable to practice
because of the reasons set forth in this Section, the Board may
require that individual to submit to care, counseling, or
treatment by physicians or clinical psychologists approved or
designated by the Board, as a condition, term, or restriction
for continued, restored, or renewed licensure to practice; or,
in lieu of care, counseling, or treatment, the Board may
recommend to the Department to file a complaint to immediately
suspend, revoke, or otherwise discipline the license of the
individual. Any individual whose license was granted,
continued, restored, renewed, disciplined or supervised

HB3711 - 304 - LRB104 09787 AAS 19853 b
subject to such terms, conditions, or restrictions, and who
fails to comply with such terms, conditions, or restrictions,
shall be referred to the Secretary for a determination as to
whether the individual shall have his or her license suspended
immediately, pending a hearing by the Board.
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 Board within 15 days
after the suspension and completed without appreciable delay.
The Board shall have the authority to review the subject
individual's record of treatment and counseling regarding the
impairment to the extent permitted by applicable federal
statutes and regulations safeguarding the confidentiality of
medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate
to the Board that he or she can resume practice in compliance
with acceptable and prevailing standards under the provisions
of his or her license.
(Source: P.A. 100-530, eff. 1-1-18; 100-872, eff. 8-14-18.)
Section 150. The Perfusionist Practice Act is amended by
changing Section 105 as follows:
(225 ILCS 125/105)
(Section scheduled to be repealed on January 1, 2030)

HB3711 - 305 - LRB104 09787 AAS 19853 b
Sec. 105. Grounds for disciplinary action.
(a) The Department may refuse to issue, renew, or restore
a license, or may revoke, suspend, place on probation,
reprimand, or take any other disciplinary or non-disciplinary
action as the Department may deem proper, including fines not
to exceed $10,000 per violation with regard to any license
issued under this Act, for any one or a combination of the
following reasons:
(1) Making a material misstatement in furnishing
information to the Department.
(2) Negligence, incompetence, or misconduct in the
practice of perfusion.
(3) Failure to comply with any provisions of this Act
or any of its rules.
(4) Fraud or any misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal or restoration of a license under
this Act.
(5) Purposefully making false statements or signing
false statements, certificates, or affidavits to induce
payment.
(6) Conviction of or entry of 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

HB3711 - 306 - LRB104 09787 AAS 19853 b
the laws of any jurisdiction of the United States that is
(i) a felony or (ii) a misdemeanor, an essential element
of which is dishonesty, that is directly related to the
practice of the profession of perfusion.
(7) Aiding or assisting another in violating any
provision of this Act or its rules.
(8) Failing to provide information in response to a
written request made by the Department within 60 days
after receipt of such written request.
(9) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public as defined by rule.
(10) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, of alcohol,
narcotics, stimulants, or any other substances that
results in the inability to practice with reasonable
judgment, skill, or safety.
(11) A finding by the Department that an applicant or
licensee has failed to pay a fine imposed by the
Department.
(12) A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation, or failed to
comply with such terms.
(13) Inability to practice the profession with
reasonable judgment, skill, or safety as a result of

HB3711 - 307 - LRB104 09787 AAS 19853 b
physical illness, including, but not limited to,
deterioration through the aging process, loss of motor
skill, mental illness, or disability.
(14) Discipline by another state, territory, foreign
country, the District of Columbia, the United States
government, or any other government agency if at least one
of the grounds for discipline is the same or substantially
equivalent to those set forth in this Act.
(15) The making of any willfully false oath or
affirmation in any matter or proceeding where an oath or
affirmation is required by this Act.
(16) Using or attempting to use an expired, inactive,
suspended, or revoked license, or the certificate or seal
of another, or impersonating another licensee.
(17) Directly or indirectly giving to or receiving
from any person or entity any fee, commission, rebate, or
other form of compensation for any professional service
not actually or personally rendered.
(18) Willfully making or filing false records or
reports related to the licensee's practice, including, but
not limited to, false records filed with federal or State
agencies or departments.
(19) Willfully failing to report an instance of
suspected child abuse or neglect as required under the
Abused and Neglected Child Reporting Act.
(20) Being named as a perpetrator in an indicated

HB3711 - 308 - LRB104 09787 AAS 19853 b
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.
(21) Immoral conduct in the commission of an act
related to the licensee's practice, including but not
limited to sexual abuse, sexual misconduct, or sexual
exploitation.
(22) Violation of the Health Care Worker Self-Referral
Act.
(23) Solicitation of business or professional
services, other than permitted advertising.
(24) Conviction of or cash compromise of a charge or
violation of the Illinois Controlled Substances Act.
(25) Gross, willful, or continued overcharging for
professional services, including filing false statements
for collection of fees for which services are not
rendered.
(26) Practicing under a false name or, except as
allowed by law, an assumed name.
(27) Failure to report actual or alleged reportable
misconduct or an investigation related to actual or
alleged reportable misconduct in accordance with Section
2105-390 of the Department of Professional Regulation Law

HB3711 - 309 - LRB104 09787 AAS 19853 b
of the Civil Administrative Code of Illinois.
(b) In enforcing this Section, the Department or Board,
upon a showing of a possible violation, may order a licensee or
applicant to submit to a mental or physical examination, or
both, at the expense of the Department. The Department or
Board may order the examining physician to present testimony
concerning his or her examination of the licensee or
applicant. No information shall be excluded by reason of any
common law or statutory privilege relating to communications
between the licensee or applicant and the examining physician.
The examining physicians shall be specifically designated by
the Board or Department. The licensee or applicant may have,
at his or her own expense, another physician of his or her
choice present during all aspects of the examination. Failure
of a licensee or applicant to submit to any such examination
when directed, without reasonable cause as defined by rule,
shall be grounds for either the immediate suspension of his or
her license or immediate denial of his or her application.
(1) If the Secretary immediately suspends the license
of a licensee for his or her failure to submit to a mental
or physical examination when directed, a hearing must be
convened by the Department within 15 days after the
suspension and completed without appreciable delay.
(2) If the Secretary otherwise suspends a license
pursuant to the results of the licensee's mental or
physical examination, a hearing must be convened by the

HB3711 - 310 - LRB104 09787 AAS 19853 b
Department within 15 days after the suspension and
completed without appreciable delay. The Department and
Board shall have the authority to review the licensee's
record of treatment and counseling regarding the relevant
impairment or impairments to the extent permitted by
applicable federal statutes and regulations safeguarding
the confidentiality of medical records.
(3) Any licensee suspended or otherwise affected under
this subsection (b) shall be afforded an opportunity to
demonstrate to the Department or Board that he or she can
resume practice in compliance with the acceptable and
prevailing standards under the provisions of his or her
license.
(c) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. The suspension will
end only upon a finding by a court that the licensee is no
longer subject to involuntary admission or judicial admission
and issues an order so finding and discharging the licensee;
and upon the recommendation of the Board to the Secretary that
the licensee be allowed to resume his or her practice.
(d) In cases where the Department of Healthcare and Family
Services (formerly the Department of Public Aid) has
previously determined that a licensee or a potential licensee
is more than 30 days delinquent in the payment of child support

HB3711 - 311 - LRB104 09787 AAS 19853 b
and has subsequently certified the delinquency to the
Department, the Department shall refuse to issue or renew or
shall revoke or suspend that person's license or shall 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
subdivision (a)(5) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code
of Illinois.
(e) The Department shall deny a license or renewal
authorized by this Act to a person who has failed to file a
return, 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
Department of Revenue, until the requirements of the 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.
(Source: P.A. 101-311, eff. 8-9-19; 102-558, eff. 8-20-21.)
Section 155. The Registered Surgical Assistant and
Registered Surgical Technologist Title Protection Act is
amended by changing Section 75 as follows:
(225 ILCS 130/75)
(Section scheduled to be repealed on January 1, 2029)

HB3711 - 312 - LRB104 09787 AAS 19853 b
Sec. 75. Grounds for disciplinary action.
(a) The Department may refuse to issue, renew, or restore
a registration, may revoke or suspend a registration, or may
place on probation, reprimand, or take other disciplinary or
non-disciplinary action with regard to a person registered
under this Act, including, but not limited to, the imposition
of fines not to exceed $10,000 for each violation and the
assessment of costs as provided for in Section 90, for any one
or combination of the following causes:
(1) Making a material misstatement in furnishing
information to the Department.
(2) Violating a provision of this Act or rules adopted
under this Act.
(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 that is
(i) a felony or (ii) a misdemeanor, an essential element
of which is dishonesty, or that is directly related to the
practice of the profession.
(4) Fraud or misrepresentation in applying for,
renewing, restoring, reinstating, or procuring a
registration under this Act.
(5) Aiding or assisting another person in violating a

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provision of this Act or its rules.
(6) Failing to provide information within 60 days in
response to a written request made by the Department.
(7) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public, as defined by rule of the
Department.
(8) Discipline by another United States jurisdiction,
governmental agency, unit of government, or foreign
nation, if at least one of the grounds for discipline is
the same or substantially equivalent to those set forth in
this Section.
(9) Directly or indirectly giving to or receiving from
a person, firm, corporation, partnership, or association a
fee, commission, rebate, or other form of compensation for
professional services not actually or personally rendered.
Nothing in this paragraph (9) 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 registrant's practice under this
Act. Nothing in this paragraph (9) shall be construed to
require an employment arrangement to receive professional

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fees for services rendered.
(10) A finding by the Department that the registrant,
after having the registration placed on probationary
status, has violated the terms of probation.
(11) Willfully making or filing false records or
reports in the practice, including, but not limited to,
false records or reports filed with State agencies.
(12) Willfully making or signing a false statement,
certificate, or affidavit to induce payment.
(13) Willfully failing to report an instance of
suspected child abuse or neglect as required under the
Abused and Neglected Child Reporting Act.
(14) 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
registrant has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(15) (Blank).
(16) Failure to report to the Department (A) any
adverse final action taken against the registrant by
another registering or licensing jurisdiction, government
agency, law enforcement agency, or any court or (B)
liability for conduct that would constitute grounds for
action as set forth in this Section.

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(17) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, alcohol, or any
other substance that results in the inability to practice
with reasonable judgment, skill, or safety.
(18) Physical or mental illness, including, but not
limited to, deterioration through the aging process or
loss of motor skills, which results in the inability to
practice the profession for which the person is registered
with reasonable judgment, skill, or safety.
(19) Gross malpractice.
(20) Immoral conduct in the commission of an act
related to the registrant's practice, including, but not
limited to, sexual abuse, sexual misconduct, or sexual
exploitation.
(21) Violation of the Health Care Worker Self-Referral
Act.
(22) Failure to report actual or alleged reportable
misconduct or an investigation related to actual or
alleged reportable misconduct in accordance with Section
2105-390 of the Department of Professional Regulation Law
of the Civil Administrative Code of Illinois.
(b) The Department may refuse to issue or may suspend
without hearing the registration of a person who fails to file
a return, to pay the tax, penalty, or interest shown in a filed
return, or to pay a final assessment of the tax, penalty, or
interest as required by a tax Act administered by the

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Department of Revenue, until the requirements of the 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.
(b-1) The Department shall not revoke, suspend, summarily
suspend, place on probation, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license issued under this Act to practice
as a registered surgical assistant or registered surgical
technologist based solely upon the registered surgical
assistant or registered surgical technologist providing,
authorizing, recommending, aiding, assisting, referring for,
or otherwise participating in any health care service, so long
as the care was not unlawful under the laws of this State,
regardless of whether the patient was a resident of this State
or another state.
(b-2) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license issued under this Act to practice
as a registered surgical assistant or registered surgical
technologist based upon the registered surgical assistant's or
registered surgical technologist's license being revoked or
suspended, or the registered surgical assistant's or
registered surgical technologist's being otherwise disciplined
by any other state, if that revocation, suspension, or other

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form of discipline was based solely on the registered surgical
assistant or registered surgical technologist violating
another state's laws prohibiting the provision of,
authorization of, recommendation of, aiding or assisting in,
referring for, or participation in any health care service if
that health care service as provided would not have been
unlawful under the laws of this State and is consistent with
the standards of conduct for the registered surgical assistant
or registered surgical technologist practicing in this State.
(b-3) The conduct specified in subsection (b-1) or (b-2)
shall not constitute grounds for suspension under Section 145.
(b-4) An applicant seeking licensure, certification, or
authorization pursuant to this Act who has been subject to
disciplinary action by a duly authorized professional
disciplinary agency of another jurisdiction solely on the
basis of having provided, authorized, recommended, aided,
assisted, referred for, or otherwise participated in health
care shall not be denied such licensure, certification, or
authorization, unless the Department determines that such
action would have constituted reportable professional
misconduct in this State. Nothing in this Section shall be
construed as prohibiting the Department from evaluating the
conduct of such applicant and making a determination regarding
the licensure, certification, or authorization to practice a
profession under this Act.
(c) The determination by a circuit court that a registrant

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is subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. The suspension will
end only upon (1) a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission,
(2) issuance of an order so finding and discharging the
patient, and (3) filing of a petition for restoration
demonstrating fitness to practice.
(d) (Blank).
(e) In cases where the Department of Healthcare and Family
Services has previously determined a registrant or a potential
registrant 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 registration 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 paragraph (5) of subsection (a) of Section 2105-15 of the
Department of Professional Regulation Law of the Civil
Administrative Code of Illinois.
(f) In enforcing this Section, the Department, upon a
showing of a possible violation, may compel any individual
registered under this Act or any individual who has applied
for registration to submit to a mental or physical examination
and evaluation, or both, that may include a substance abuse or

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sexual offender evaluation, at the expense of the Department.
The Department shall specifically designate the examining
physician licensed to practice medicine in all of its branches
or, if applicable, the multidisciplinary team involved in
providing the mental or physical examination and evaluation,
or both. The multidisciplinary team shall be led by a
physician licensed to practice medicine in all of its branches
and may consist of one or more or a combination of physicians
licensed to practice medicine in all of its branches, licensed
chiropractic physicians, licensed clinical psychologists,
licensed clinical social workers, licensed clinical
professional counselors, and other professional and
administrative staff. Any examining physician or member of the
multidisciplinary team may require any person ordered to
submit to an examination and evaluation pursuant to this
Section to submit to any additional supplemental testing
deemed necessary to complete any examination or evaluation
process, including, but not limited to, blood testing,
urinalysis, psychological testing, or neuropsychological
testing.
The 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

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team to present testimony concerning this examination and
evaluation of the registrant or applicant, including testimony
concerning any supplemental testing or documents relating to
the examination and evaluation. No information, report,
record, or other documents in any way related to the
examination and evaluation shall be excluded by reason of any
common law or statutory privilege relating to communication
between the registrant or applicant and the examining
physician or any member of the multidisciplinary team. No
authorization is necessary from the registrant 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 the individual's own expense, another physician of
the individual's 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 a hearing until such
time as the individual submits to the examination. If the
Department finds a registrant unable to practice because of
the reasons set forth in this Section, the Department shall
require such registrant to submit to care, counseling, or
treatment by physicians approved or designated by the

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Department as a condition for continued, reinstated, or
renewed registration.
When the Secretary immediately suspends a registration
under this Section, a hearing upon such person's registration
must be convened by the Department within 15 days after such
suspension and completed without appreciable delay. The
Department shall have the authority to review the registrant'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.
Individuals registered under this Act and affected under
this Section shall be afforded an opportunity to demonstrate
to the Department that they can resume practice in compliance
with acceptable and prevailing standards under the provisions
of their registration.
(g) 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.
(h) (f) The Department may adopt rules to implement,
administer, and enforce this Section the changes made by
Public Act 102-1117.
(Source: P.A. 102-1117, eff. 1-13-23; 103-387, eff. 1-1-24;
103-605, eff. 7-1-24; revised 10-16-24.)

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Section 160. The Genetic Counselor Licensing Act is
amended by changing Section 95 as follows:
(225 ILCS 135/95)
(Section scheduled to be repealed on January 1, 2030)
Sec. 95. Grounds for discipline.
(a) The Department may refuse to issue, renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action as the Department
deems appropriate, including the issuance of fines not to
exceed $10,000 for each violation, with regard to any license
for any one or more of the following:
(1) Material misstatement in furnishing information to
the Department or to any other State agency.
(2) Violations or negligent or intentional disregard
of this Act, or any of its rules.
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or
sentencing, including, but not limited to, convictions,
preceding sentences of supervision, conditional discharge,
or first offender probation, under the laws of any
jurisdiction of the United States: (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 genetic counseling.
(4) Making any misrepresentation for the purpose of

HB3711 - 323 - LRB104 09787 AAS 19853 b
obtaining a license, or violating any provision of this
Act or its rules.
(5) Negligence in the rendering of genetic counseling
services.
(6) Failure to provide genetic testing results and any
requested information to a referring physician licensed to
practice medicine in all its branches, advanced practice
registered nurse, or physician assistant.
(7) Aiding or assisting another person in violating
any provision of this Act or any 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 and violating the rules of
professional conduct adopted by the Department.
(10) Failing to maintain the confidentiality of any
information received from a client, unless otherwise
authorized or required by law.
(10.5) Failure to maintain client records of services
provided and provide copies to clients upon request.
(11) Exploiting a client for personal advantage,
profit, or interest.
(12) Habitual or excessive use or addiction to
alcohol, narcotics, stimulants, or any other chemical
agent or drug which results in inability to practice with

HB3711 - 324 - LRB104 09787 AAS 19853 b
reasonable skill, judgment, or safety.
(13) Discipline by another governmental agency or unit
of government, by any jurisdiction of the United States,
or by a foreign nation, if at least one of the grounds for
the discipline is the same or substantially equivalent to
those set forth in this Section.
(14) 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 service not actually
rendered. Nothing in this paragraph (14) 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 (14) shall be construed to
require an employment arrangement to receive professional
fees for services rendered.
(15) A finding by the Department that the licensee,
after having the license placed on probationary status,
has violated the terms of probation.
(16) Failing to refer a client to other health care
professionals when the licensee is unable or unwilling to

HB3711 - 325 - LRB104 09787 AAS 19853 b
adequately support or serve the client.
(17) Willfully filing false reports relating to a
licensee's practice, including, but not limited to, false
records filed with federal or State agencies or
departments.
(18) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(19) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
pursuant to 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.
(20) Physical or mental disability, including
deterioration through the aging process or loss of
abilities and skills which results in the inability to
practice the profession with reasonable judgment, skill,
or safety.
(21) Solicitation of professional services by using
false or misleading advertising.
(22) Failure to file a return, or to pay the tax,
penalty of 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

HB3711 - 326 - LRB104 09787 AAS 19853 b
Revenue or any successor agency or the Internal Revenue
Service or any successor agency.
(23) Fraud or making 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.
(24) Practicing or attempting to practice under a name
other than the full name as shown on the license or any
other legally authorized name.
(25) Gross overcharging for professional services,
including filing statements for collection of fees or
moneys for which services are not rendered.
(26) (Blank).
(27) Charging for professional services not rendered,
including filing false statements for the collection of
fees for which services are not rendered.
(28) Allowing one's license under this Act to be used
by an unlicensed person in violation of this Act.
(29) Failure to report actual or alleged reportable
misconduct or an investigation related to actual or
alleged reportable misconduct in accordance with Section
2105-390 of the Department of Professional Regulation Law
of the Civil Administrative Code of Illinois.
(b) (Blank).
(b-5) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary

HB3711 - 327 - LRB104 09787 AAS 19853 b
action against the license or permit issued under this Act to
practice as a genetic counselor based solely upon the genetic
counselor authorizing, recommending, aiding, assisting,
referring for, or otherwise participating in any health care
service, so long as the care was not unlawful under the laws of
this State, regardless of whether the patient was a resident
of this State or another state.
(b-10) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a genetic counselor based upon the genetic
counselor's license being revoked or suspended, or the genetic
counselor being otherwise disciplined by any other state, if
that revocation, suspension, or other form of discipline was
based solely on the genetic counselor violating another
state's laws prohibiting the provision of, authorization of,
recommendation of, aiding or assisting in, referring for, or
participation in any health care service if that health care
service as provided would not have been unlawful under the
laws of this State and is consistent with the standards of
conduct for the genetic counselor if it occurred in Illinois.
(b-15) The conduct specified in subsections (b-5) and
(b-10) shall not constitute grounds for suspension under
Section 160.
(b-20) An applicant seeking licensure, certification, or

HB3711 - 328 - LRB104 09787 AAS 19853 b
authorization pursuant to this Act who has been subject to
disciplinary action by a duly authorized professional
disciplinary agency of another jurisdiction solely on the
basis of having authorized, recommended, aided, assisted,
referred for, or otherwise participated in health care shall
not be denied such licensure, certification, or authorization,
unless the Department determines that such action would have
constituted reportable professional misconduct in this State;
however, nothing in this Section shall be construed as
prohibiting the Department from evaluating the conduct of such
applicant and making a determination regarding the licensure,
certification, or authorization to practice a profession under
this Act.
(c) The determination by a court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code will result in an automatic suspension of the license.
The suspension will end upon a finding by a court that the
licensee is no longer subject to involuntary admission or
judicial admission, the issuance of an order so finding and
discharging the patient, and the determination of the
Secretary that the licensee be allowed to resume professional
practice.
(d) The Department may refuse to issue or renew or may
suspend without hearing the license of any person who fails to
file a return, to pay the tax penalty or interest shown in a

HB3711 - 329 - LRB104 09787 AAS 19853 b
filed return, or to pay any final assessment of the tax,
penalty, or interest as required by any Act regarding the
payment of taxes administered by the Illinois Department of
Revenue until the requirements of the Act are satisfied in
accordance with subsection (g) of Section 2105-15 of the Civil
Administrative Code of Illinois.
(e) In cases where the Department of Healthcare and Family
Services has previously determined that 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.
(f) All fines or costs imposed under this Section shall be
paid within 60 days after the effective date of the order
imposing the fine or costs or in accordance with the terms set
forth in the order imposing the fine.
(g) The Department may adopt rules to implement,
administer, and enforce this Section the changes made by this
amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-1117, eff. 1-13-23; 103-763, eff. 1-1-25.)

HB3711 - 330 - LRB104 09787 AAS 19853 b
Section 165. The Illinois Adverse Health Care Events
Reporting Law of 2005 is amended by changing Section 10-30 as
follows:
(410 ILCS 522/10-30)
Sec. 10-30. Establishment of reporting system.
(a) The Department shall establish an adverse health event
reporting system that will be fully operational by January 1,
2008 and designed to facilitate quality improvement in the
health care system through communication and collaboration
among the Department and health care facilities. The reporting
system shall not be designed or used to punish errors or,
except to enforce this Law, investigate or take disciplinary
action against health care facilities, health care
practitioners, or health care facility employees, with the
exception of allegations of abuse as set forth in Section 9.6
of the Hospital Licensing Act. The Department may not use the
adverse health care event reports, findings of the root cause
analyses, and corrective action plans filed under this Law for
any purpose not stated in this Law, including, but not limited
to, using such information for investigating possible
violations of the reporting health care facility's licensing
act or its regulations, with the exception of allegations of
abuse as set forth in Section 9.6 of Hospital Licensing Act.
The Department is not authorized to select from or between

HB3711 - 331 - LRB104 09787 AAS 19853 b
competing alternate health care treatments, services, or
practices.
(b) The reporting system shall consist of:
(1) Mandatory reporting by health care facilities of
adverse health care events.
(2) Mandatory completion of a root cause analysis and
a corrective action plan by the health care facility and
reporting of the findings of the analysis and the plan to
the Department or reporting of reasons for not taking
corrective action.
(3) Analysis of reported information by the Department
to determine patterns of systemic failure in the health
care system and successful methods to correct these
failures.
(4) Sanctions against health care facilities for
failure to comply with reporting system requirements.
(5) Communication from the Department to health care
facilities, to maximize the use of the reporting system to
improve health care quality.
(c) In establishing the adverse health event reporting
system, including the design of the reporting format and
annual report, the Department must consult with and seek input
from experts and organizations specializing in patient safety.
(d) The Department must design the reporting system so
that a health care facility may file by electronic means the
reports required under this Law. The Department shall

HB3711 - 332 - LRB104 09787 AAS 19853 b
encourage a health care facility to use the electronic filing
option when that option is feasible for the health care
facility.
(e) Nothing in this Section prohibits a health care
facility from taking any remedial action in response to the
occurrence of an adverse health care event.
(Source: P.A. 94-242, eff. 7-18-05.)
Section 170. The Professional Service Corporation Act is
amended by changing Section 13 as follows:
(805 ILCS 10/13) (from Ch. 32, par. 415-13)
Sec. 13. The regulating authority which issued the
certificate of registration may suspend or revoke the
certificate or may otherwise discipline the certificate holder
for any of the following reasons:
(a) The revocation or suspension of the license to
practice the profession of any officer, director, shareholder
or employee not promptly removed or discharged by the
corporation; (b) unethical professional conduct on the part of
any officer, director, shareholder or employee not promptly
removed or discharged by the corporation; (c) the death of the
last remaining shareholder; (d) upon finding that the holder
of a certificate has failed to comply with the provisions of
this Act or the regulations prescribed by the regulating
authority that issued it; or (e) the failure to file a return,

HB3711 - 333 - LRB104 09787 AAS 19853 b
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; or (f) for a certificate of
registration issued by the Department of Financial and
Professional Regulation, a willful or reckless failure to
report in accordance with Section 2105-391 of the Department
of Professional Regulation Law of the Civil Administrative
Code of Illinois.
Before any certificate of registration is suspended or
revoked, the holder shall be given written notice of the
proposed action and the reasons therefor, and shall provide a
public hearing by the regulating authority, with the right to
produce testimony and other evidence concerning the charges
made. The notice shall also state the place and date of the
hearing which shall be at least 10 days after service of said
notice.
All orders of regulating authorities denying an
application for a certificate of registration, suspending or
revoking a certificate of registration, or imposing a civil
penalty shall be subject to judicial review pursuant to the
provisions of the Administrative Review Law, as now or
hereafter amended, and the rules adopted pursuant thereto then
in force.
The proceedings for judicial review shall be commenced in

HB3711 - 334 - LRB104 09787 AAS 19853 b
the circuit court of the county in which the party applying for
review is located. If the party is not currently located in
Illinois, the venue shall be in Sangamon County. The
regulating authority shall not be required to certify any
record to the court or file any answer in court or otherwise
appear in any court in a judicial review proceeding, unless
and until the regulating authority has received from the
plaintiff payment of the costs of furnishing and certifying
the record, which costs shall be determined by the regulating
authority. Exhibits shall be certified without cost. Failure
on the part of the plaintiff to file a receipt in court is
grounds for dismissal of the action.
(Source: P.A. 99-227, eff. 8-3-15.)
Section 175. The Medical Corporation Act is amended by
changing Section 10 as follows:
(805 ILCS 15/10) (from Ch. 32, par. 640)
Sec. 10. The Department may suspend or revoke any
certificate of registration or may otherwise discipline the
certificate holder for any of the following reasons: (a) the
revocation or suspension of the license to practice medicine
of any officer, director, shareholder or employee not promptly
removed or discharged by the corporation; (b) unethical
professional conduct on the part of any officer, director,
shareholder or employee not promptly removed or discharged by

HB3711 - 335 - LRB104 09787 AAS 19853 b
the corporation; (c) the death of the last remaining
shareholder; or (d) upon finding that the holder of a
certificate has failed to comply with the provisions of this
Act or the regulations prescribed by the Department; or (e) a
willful or reckless failure to report in accordance with
Section 2105-391 of the Department of Professional Regulation
Law of the Civil Administrative Code of Illinois.
The Department may refuse to issue or renew or may suspend
the certificate of any corporation which 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.
(Source: P.A. 99-227, eff. 8-3-15.)
Section 180. The Professional Limited Liability Company
Act is amended by changing Section 25 as follows:
(805 ILCS 185/25)
Sec. 25. Suspension, revocation or discipline of
certificate of registration.
(a) The Department may suspend, revoke, or otherwise
discipline the certificate of registration of a professional
limited liability company or a limited liability company for
any of the following reasons:

HB3711 - 336 - LRB104 09787 AAS 19853 b
(1) the revocation or suspension of the license to
practice the profession of any officer, manager, member,
agent, or employee not promptly removed or discharged by
the professional limited liability company;
(2) unethical professional conduct on the part of any
officer, manager, member, agent, or employee not promptly
removed or discharged by the professional limited
liability company;
(3) the death of the last remaining member;
(4) upon finding that the holder of the certificate
has failed to comply with the provisions of this Act or the
regulations prescribed by the Department; or
(5) the failure to file a return, 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 a tax Act administered by the Illinois Department of
Revenue, until such time as the requirements of any such
tax Act are satisfied; or .
(6) the willful or reckless failure to report in
accordance with Section 2105-391 of the Department of
Professional Regulation Law of the Civil Administrative
Code of Illinois.
(b) Before any certificate of registration is suspended or
revoked, the holder shall be given written notice of the
proposed action and the reasons for the proposed action and
shall be provided a public hearing by the Department with the

HB3711 - 337 - LRB104 09787 AAS 19853 b
right to produce testimony and other evidence concerning the
charges made. The notice shall also state the place and date of
the hearing, which shall be at least 10 days after service of
the notice.
(c) All orders of the Department denying an application
for a certificate of registration or suspending or revoking a
certificate of registration or imposing a civil penalty shall
be subject to judicial review pursuant to the Administrative
Review Law.
(d) The proceedings for judicial review shall be commenced
in the circuit court of the county in which the party applying
for review is located. If the party is not currently located in
Illinois, the venue shall be in Sangamon County. The
Department shall not be required to certify any record to the
court or file any answer in court or otherwise appear in any
court in a judicial review proceeding, unless and until the
Department has received from the plaintiff payment of the
costs of furnishing and certifying the record, which costs
shall be determined by the Department. Exhibits shall be
certified without cost. Failure on the part of the plaintiff
to file a receipt in court is grounds for dismissal of the
action.
(Source: P.A. 99-227, eff. 8-3-15.)
Section 995. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by

HB3711 - 338 - LRB104 09787 AAS 19853 b
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i) the
changes made by this Act or (ii) provisions derived from any
other Public Act.
HB3711 - 339 - LRB104 09787 AAS 19853 b
INDEX
Statutes amended in order of appearance
20 ILCS 2105/2105-390 new
20 ILCS 2105/2105-391 new
20 ILCS 2105/2105-392 new
30 ILCS 105/5.1030 new
210 ILCS 85/6.14c
210 ILCS 85/6.14h new
210 ILCS 85/7 from Ch. 111 1/2, par. 148
210 ILCS 85/9.6
225 ILCS 2/110
225 ILCS 5/16 from Ch. 111, par. 7616
225 ILCS 6/60
225 ILCS 15/15 from Ch. 111, par. 5365
225 ILCS 20/19
225 ILCS 25/23 from Ch. 111, par. 2323
225 ILCS 30/95 from Ch. 111, par. 8401-95
225 ILCS 55/85 from Ch. 111, par. 8351-85
225 ILCS 56/95
225 ILCS 57/45
225 ILCS 60/22 from Ch. 111, par. 4400-22
225 ILCS 60/23 from Ch. 111, par. 4400-23
225 ILCS 63/110
225 ILCS 64/100
225 ILCS 65/65-65 was 225 ILCS 65/15-55
HB3711 - 340 - LRB104 09787 AAS 19853 b