Bill Text: IL HB4696 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Medical Practice Act of 1987. Changes the name of the Illinois State Medical Disciplinary Board to the Illinois State Medical Board, and changes the membership of the Board. Changes references to the Illinois State Medical Disciplinary Board and the Medical Licensing Board to the Illinois State Medical Board. Provides that the Secretary of Financial and Professional Regulation may take action contrary to the recommendation of the Illinois State Medical Board or order a rehearing of a formal disciplinary action if he or she is satisfied that substantial justice has not been done. Provides that the Department of Financial and Professional Regulation may close a complaint, after investigation and approval of the Chief Medical Coordinator, if certain standards are not met. Makes changes to provisions concerning definitions; the Complaint Committee; findings and recommendations; and administrative review. Repeals provisions concerning the Medical Licensing Board and withdrawal of applications. Replaces references to the Medical Disciplinary Board and the Medical Licensing Board. Makes other changes.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB4696 Detail]

Download: Illinois-2019-HB4696-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4696 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED:
See Index
Amends the Medical Practice Act of 1987. Changes the name the Illinois State Medical Disciplinary Board to the Illinois State Medical Board, and changes the membership of the Board. Changes references to the Illinois State Medical Disciplinary Board and the Medical Licensing Board to the Illinois State Medical Board. Provides that the Secretary of Financial and Professional Regulation may take action contrary to the recommendation of the Illinois State Medical Board or order a rehearing of a formal disciplinary action if he or she is satisfied that substantial justice has not been done. Provides that the Department of Financial and Professional Regulation may close a complaint, after investigation and approval of the Chief Medical Coordinator, if certain standards are not met. Makes changes to provisions concerning definitions; the Complaint Committee; findings and recommendations; and administrative review. Repeals provisions concerning the Medical Licensing Board and withdrawal of applications. Replaces references to the Medical Disciplinary Board and the Medical Licensing Board. Makes other changes.
LRB101 16284 SPS 65657 b
A BILL FOR
HB4696 LRB101 16284 SPS 65657 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Medical Practice Act of 1987 is amended by
changing Sections 2, 7, 7.5, 8.1, 9, 17, 18, 19, 21, 22, 23,
24, 25, 35, 36, 37, 38, 39, 40, 41, 42, and 47 as follows:
(225 ILCS 60/2) (from Ch. 111, par. 4400-2)
(Section scheduled to be repealed on January 1, 2022)
Sec. 2. Definitions. For purposes of this Act, the
following definitions shall have the following meanings,
except where the context requires otherwise:
"Act" means the Medical Practice Act of 1987.
"Address of record" means the designated address recorded
by the Department in the applicant's or licensee's application
file or license file as maintained by the Department's
licensure maintenance unit.
"Chiropractic physician" means a person licensed to treat
human ailments without the use of drugs and without operative
surgery. Nothing in this Act shall be construed to prohibit a
chiropractic physician from providing advice regarding the use
of non-prescription products or from administering atmospheric
oxygen. Nothing in this Act shall be construed to authorize a
chiropractic physician to prescribe drugs.

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"Department" means the Department of Financial and
Professional Regulation.
"Disciplinary action" means revocation, suspension,
probation, supervision, practice modification, reprimand,
required education, fines or any other action taken by the
Department against a person holding a license.
"Disciplinary Board" means the Medical Disciplinary Board.
"Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the licensee's license file, as maintained
by the Department's licensure maintenance unit.
"Final determination" means the governing body's final
action taken under the procedure followed by a health care
institution, or professional association or society, against
any person licensed under the Act in accordance with the bylaws
or rules and regulations of such health care institution, or
professional association or society.
"Fund" means the Illinois State Medical Disciplinary Fund.
"Impaired" means the inability to practice medicine with
reasonable skill and safety due to physical or mental
disabilities as evidenced by a written determination or written
consent based on clinical evidence including deterioration
through the aging process or loss of motor skill, or abuse of
drugs or alcohol, of sufficient degree to diminish a person's
ability to deliver competent patient care.
"Licensing Board" means the Medical Licensing Board.

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"Medical Board" means the Illinois State Medical Board.
"Physician" means a person licensed under the Medical
Practice Act to practice medicine in all of its branches or a
chiropractic physician.
"Professional association" means an association or society
of persons licensed under this Act, and operating within the
State of Illinois, including but not limited to, medical
societies, osteopathic organizations, and chiropractic
organizations, but this term shall not be deemed to include
hospital medical staffs.
"Program of care, counseling, or treatment" means a written
schedule of organized treatment, care, counseling, activities,
or education, satisfactory to the Medical Disciplinary Board,
designed for the purpose of restoring an impaired person to a
condition whereby the impaired person can practice medicine
with reasonable skill and safety of a sufficient degree to
deliver competent patient care.
"Reinstate" means to change the status of a license from
inactive or nonrenewed status to active status.
"Restore" means to remove an encumbrance from a license due
to probation, suspension, or revocation.
"Secretary" means the Secretary of the Department of
Financial and Professional Regulation.
(Source: P.A. 99-933, eff. 1-27-17; 100-429, eff. 8-25-17.)
(225 ILCS 60/7) (from Ch. 111, par. 4400-7)

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(Section scheduled to be repealed on January 1, 2022)
Sec. 7. Medical Disciplinary Board.
(A) There is hereby created the Illinois State Medical
Disciplinary Board. The Medical Disciplinary Board shall
consist of 17 11 members, to be appointed by the Governor by
and with the advice and consent of the Senate. All members
shall be residents of the State, not more than 8 6 of whom
shall be members of the same political party. All members shall
be voting members. Eight Five members shall be physicians
licensed to practice medicine in all of its branches in
Illinois possessing the degree of doctor of medicine. Two
members One member shall be physicians a physician licensed to
practice medicine in all its branches in Illinois possessing
the degree of doctor of osteopathy or osteopathic medicine. Two
members One member shall be a chiropractic physicians physician
licensed to practice in Illinois and possessing the degree of
doctor of chiropractic. One member shall be a physician
assistant licensed to practice in Illinois. Four members shall
be members of the public, who shall not be engaged in any way,
directly or indirectly, as providers of health care.
(B) Members of the Medical Disciplinary Board shall be
appointed for terms of 4 years. Upon the expiration of the term
of any member, their successor shall be appointed for a term of
4 years by the Governor by and with the advice and consent of
the Senate. The Governor shall fill any vacancy for the
remainder of the unexpired term with the advice and consent of

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the Senate. Upon recommendation of the Medical Board, any
member of the Medical Disciplinary Board may be removed by the
Governor for misfeasance, malfeasance, or willful wilful
neglect of duty, after notice, and a public hearing, unless
such notice and hearing shall be expressly waived in writing.
Each member shall serve on the Medical Disciplinary Board until
their successor is appointed and qualified. No member of the
Medical Disciplinary Board shall serve more than 2 consecutive
4-year 4 year terms.
In making appointments the Governor shall attempt to insure
that the various social and geographic regions of the State of
Illinois are properly represented.
In making the designation of persons to act for the several
professions represented on the Medical Disciplinary Board, the
Governor shall give due consideration to recommendations by
members of the respective professions and by organizations
therein.
(C) The Medical Disciplinary Board shall annually elect one
of its voting members as chairperson and one as vice
chairperson. No officer shall be elected more than twice in
succession to the same office. Each officer shall serve until
their successor has been elected and qualified.
(D) (Blank).
(E) A majority of the Medical Board Members currently
appointed Six voting members of the Disciplinary Board, at
least 4 of whom are physicians, shall constitute a quorum. A

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vacancy in the membership of the Medical Disciplinary Board
shall not impair the right of a quorum to exercise all the
rights and perform all the duties of the Medical Disciplinary
Board. Any action taken by the Medical Disciplinary Board under
this Act may be authorized by resolution at any regular or
special meeting and each such resolution shall take effect
immediately. The Medical Disciplinary Board shall meet at least
quarterly.
(F) Each member, and member-officer, of the Disciplinary
Board shall receive a per diem stipend as the Secretary shall
determine. Each member shall be paid their necessary expenses
while engaged in the performance of their duties.
(G) The Secretary shall select a Chief Medical Coordinator
and not less than 2 Deputy Medical Coordinators who shall not
be members of the Medical Disciplinary Board. Each medical
coordinator shall be a physician licensed to practice medicine
in all of its branches, and the Secretary shall set their rates
of compensation. The Secretary shall assign at least one
medical coordinator to a region composed of Cook County and
such other counties as the Secretary may deem appropriate, and
such medical coordinator or coordinators shall locate their
office in Chicago. The Secretary shall assign at least one
medical coordinator to a region composed of the balance of
counties in the State, and such medical coordinator or
coordinators shall locate their office in Springfield. The
Chief Medical Coordinator shall be the chief enforcement

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officer of this Act. None of the functions, powers, or duties
of the Department with respect to policies regarding
enforcement or discipline under this Act, including the
adoption of such rules as may be necessary for the
administration of this Act, shall be exercised by the
Department except upon review of the Medical Disciplinary
Board.
In all instances, under this Act, in which the Medical
Board has rendered a recommendation to the Secretary with
respect to a particular physician, the Secretary may take
action contrary to the recommendation of the Medical Board.
Whenever the Secretary is satisfied that substantial
justice has not been done in a formal disciplinary action, or
refusal to restore a license, he or she may order a rehearing.
(G-5) The Secretary shall employ, in conformity with the
Personnel Code, investigators who are college graduates with at
least 2 years of investigative experience or one year of
advanced medical education. Upon the written request of the
Medical Disciplinary Board, the Secretary shall employ, in
conformity with the Personnel Code, such other professional,
technical, investigative, and clerical help, either on a full
or part-time basis as the Medical Disciplinary Board deems
necessary for the proper performance of its duties.
(H) Upon the specific request of the Medical Disciplinary
Board, signed by either the chairperson, vice chairperson, or a
medical coordinator of the Medical Disciplinary Board, the

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Department of Human Services, the Department of Healthcare and
Family Services, the Department of State Police, or any other
law enforcement agency located in this State shall make
available any and all information that they have in their
possession regarding a particular case then under
investigation by the Medical Disciplinary Board.
(I) Members of the Medical Disciplinary Board shall be
immune from suit in any action based upon any disciplinary
proceedings or other acts performed in good faith as members of
the Medical Disciplinary Board.
(J) The Medical Disciplinary Board may compile and
establish a statewide roster of physicians and other medical
professionals, including the several medical specialties, of
such physicians and medical professionals, who have agreed to
serve from time to time as advisors to the medical
coordinators. Such advisors shall assist the medical
coordinators or the Medical Disciplinary Board in their
investigations and participation in complaints against
physicians. Such advisors shall serve under contract and shall
be reimbursed at a reasonable rate for the services provided,
plus reasonable expenses incurred. While serving in this
capacity, the advisor, for any act undertaken in good faith and
in the conduct of his or her duties under this Section, shall
be immune from civil suit.
(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)

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(225 ILCS 60/7.5)
(Section scheduled to be repealed on January 1, 2022)
Sec. 7.5. Complaint Committee.
(a) There shall be a Complaint Committee of the Medical
Disciplinary Board composed of at least one of the medical
coordinators established by subsection (G) of Section 7 of this
Act, the Chief of Medical Investigations (person employed by
the Department who is in charge of investigating complaints
against physicians and physician assistants), the Chief of
Medical Prosecutions (the person employed by the Department who
is in charge of prosecuting formal complaints against
physicians and physician assistants), and at least 3 members of
the Medical Disciplinary Board (at least 2 of whom shall be
physicians) designated by the Chairperson of the Medical
Disciplinary Board with the approval of the Medical
Disciplinary Board.
(b) The Complaint Committee shall meet at least twice a
month to exercise its functions and duties set forth in
subsection (c) below. At least 2 members of the Medical
Disciplinary Board shall be in attendance in order for any
business to be transacted by the Complaint Committee. The
Complaint Committee shall make every effort to consider
expeditiously and take prompt action on each item on its
agenda.
(c) The Complaint Committee shall have the following duties
and functions:

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(1) To recommend to the Medical Disciplinary Board that
a complaint file be closed.
(2) To refer a complaint file to the office of the
Chief of Medical Prosecutions for review.
(3) To make a decision in conjunction with the Chief of
Medical Prosecutions regarding action to be taken on a
complaint file.
(d) In determining what action to take or whether to
proceed with prosecution of a complaint, the Complaint
Committee shall consider, but not be limited to, the following
factors: sufficiency of the evidence presented, prosecutorial
merit under Section 22 of this Act, any recommendation made by
the Department, and insufficient cooperation from complaining
parties.
(e) Notwithstanding any provision of this Act, the
Department may close a complaint after investigation and
approval of the Chief Medical Coordinator without review of the
Complaint Committee if:
(1) the allegations of the complaint, if proven, would
not constitute a violation of this Act;
(2) there is insufficient evidence to prove a violation
of this Act; or
(3) there is insufficient cooperation from complaining
parties as determined by the Department.
(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)

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(225 ILCS 60/8.1)
(Section scheduled to be repealed on January 1, 2022)
Sec. 8.1. Matters concerning advanced practice registered
nurses. Any proposed rules, amendments, second notice
materials and adopted rule or amendment materials, and policy
statements concerning advanced practice registered nurses
shall be presented to the Medical Licensing Board for review
and comment. The recommendations of both the Board of Nursing
and the Medical Licensing Board shall be presented to the
Secretary for consideration in making final decisions.
Whenever the Board of Nursing and the Medical Licensing Board
disagree on a proposed rule or policy, the Secretary shall
convene a joint meeting of the officers of each Board to
discuss the resolution of any such disagreements.
(Source: P.A. 100-513, eff. 1-1-18.)
(225 ILCS 60/9) (from Ch. 111, par. 4400-9)
(Section scheduled to be repealed on January 1, 2022)
Sec. 9. Application for license. Each applicant for a
license shall:
(A) Make application on blank forms prepared and
furnished by the Department.
(B) Submit evidence satisfactory to the Department
that the applicant:
(1) is of good moral character. In determining
moral character under this Section, the Department may

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take into consideration whether the applicant has
engaged in conduct or activities which would
constitute grounds for discipline under this Act. The
Department may also request the applicant to submit,
and may consider as evidence of moral character,
endorsements from 2 or 3 individuals licensed under
this Act;
(2) has the preliminary and professional education
required by this Act;
(3) (blank); and
(4) is physically, mentally, and professionally
capable of practicing medicine with reasonable
judgment, skill, and safety. In determining physical
and mental capacity under this Section, the Medical
Licensing Board may, upon a showing of a possible
incapacity or conduct or activities that would
constitute grounds for discipline under this Act,
compel any applicant to submit to a mental or physical
examination and evaluation, or both, as provided for in
Section 22 of this Act. The Medical Licensing Board may
condition or restrict any license, subject to the same
terms and conditions as are provided for the Medical
Disciplinary Board under Section 22 of this Act. Any
such condition of a restricted license shall provide
that the Chief Medical Coordinator or Deputy Medical
Coordinator shall have the authority to review the

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subject physician's compliance with such conditions or
restrictions, including, where appropriate, the
physician's record of treatment and counseling
regarding the impairment, to the extent permitted by
applicable federal statutes and regulations
safeguarding the confidentiality of medical records of
patients.
In determining professional capacity under this
Section, an individual may be required to complete such
additional testing, training, or remedial education as the
Medical Licensing Board may deem necessary in order to
establish the applicant's present capacity to practice
medicine with reasonable judgment, skill, and safety. The
Medical Licensing Board may consider the following
criteria, as they relate to an applicant, as part of its
determination of professional capacity:
(1) Medical research in an established research
facility, hospital, college or university, or private
corporation.
(2) Specialized training or education.
(3) Publication of original work in learned,
medical, or scientific journals.
(4) Participation in federal, State, local, or
international public health programs or organizations.
(5) Professional service in a federal veterans or
military institution.

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(6) Any other professional activities deemed to
maintain and enhance the clinical capabilities of the
applicant.
Any applicant applying for a license to practice
medicine in all of its branches or for a license as a
chiropractic physician who has not been engaged in the
active practice of medicine or has not been enrolled in a
medical program for 2 years prior to application must
submit proof of professional capacity to the Medical
Licensing Board.
Any applicant applying for a temporary license that has
not been engaged in the active practice of medicine or has
not been enrolled in a medical program for longer than 5
years prior to application must submit proof of
professional capacity to the Medical Licensing Board.
(C) Designate specifically the name, location, and
kind of professional school, college, or institution of
which the applicant is a graduate and the category under
which the applicant seeks, and will undertake, to practice.
(D) Pay to the Department at the time of application
the required fees.
(E) Pursuant to Department rules, as required, pass an
examination authorized by the Department to determine the
applicant's fitness to receive a license.
(F) Complete the application process within 3 years
from the date of application. If the process has not been

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completed within 3 years, the application shall expire,
application fees shall be forfeited, and the applicant must
reapply and meet the requirements in effect at the time of
reapplication.
(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
(225 ILCS 60/17) (from Ch. 111, par. 4400-17)
(Section scheduled to be repealed on January 1, 2022)
Sec. 17. Temporary license. Persons holding the degree of
Doctor of Medicine, persons holding the degree of Doctor of
Osteopathy or Doctor of Osteopathic Medicine, and persons
holding the degree of Doctor of Chiropractic or persons who
have satisfied the requirements therefor and are eligible to
receive such degree from a medical, osteopathic, or
chiropractic school, who wish to pursue programs of graduate or
specialty training in this State, may receive without
examination, in the discretion of the Department, a 3-year
temporary license. In order to receive a 3-year temporary
license hereunder, an applicant shall submit evidence
satisfactory to the Department that the applicant:
(A) Is of good moral character. In determining moral
character under this Section, the Department may take into
consideration whether the applicant has engaged in conduct
or activities which would constitute grounds for
discipline under this Act. The Department may also request
the applicant to submit, and may consider as evidence of

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moral character, endorsements from 2 or 3 individuals
licensed under this Act;
(B) Has been accepted or appointed for specialty or
residency training by a hospital situated in this State or
a training program in hospitals or facilities maintained by
the State of Illinois or affiliated training facilities
which is approved by the Department for the purpose of such
training under this Act. The applicant shall indicate the
beginning and ending dates of the period for which the
applicant has been accepted or appointed;
(C) Has or will satisfy the professional education
requirements of Section 11 of this Act which are effective
at the date of application except for postgraduate clinical
training;
(D) Is physically, mentally, and professionally
capable of practicing medicine or treating human ailments
without the use of drugs and without operative surgery with
reasonable judgment, skill, and safety. In determining
physical, mental and professional capacity under this
Section, the Medical Licensing Board may, upon a showing of
a possible incapacity, compel an applicant to submit to a
mental or physical examination and evaluation, or both, and
may condition or restrict any temporary license, subject to
the same terms and conditions as are provided for the
Medical Disciplinary Board under Section 22 of this Act.
Any such condition of restricted temporary license shall

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provide that the Chief Medical Coordinator or Deputy
Medical Coordinator shall have the authority to review the
subject physician's compliance with such conditions or
restrictions, including, where appropriate, the
physician's record of treatment and counseling regarding
the impairment, to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records of patients.
Three-year temporary licenses issued pursuant to this
Section shall be valid only for the period of time designated
therein, and may be extended or renewed pursuant to the rules
of the Department, and if a temporary license is thereafter
extended, it shall not extend beyond completion of the
residency program. The holder of a valid 3-year temporary
license shall be entitled thereby to perform only such acts as
may be prescribed by and incidental to his or her program of
residency training; he or she shall not be entitled to
otherwise engage in the practice of medicine in this State
unless fully licensed in this State.
A 3-year temporary license may be revoked or suspended by
the Department upon proof that the holder thereof has engaged
in the practice of medicine in this State outside of the
program of his or her residency or specialty training, or if
the holder shall fail to supply the Department, within 10 days
of its request, with information as to his or her current
status and activities in his or her specialty training program.

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Such a revocation or suspension shall comply with the
procedures set forth in subsection (d) of Section 37 of this
Act.
(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
(225 ILCS 60/18) (from Ch. 111, par. 4400-18)
(Section scheduled to be repealed on January 1, 2022)
Sec. 18. Visiting professor, physician, or resident
permits.
(A) Visiting professor permit.
(1) A visiting professor permit shall entitle a person
to practice medicine in all of its branches or to practice
the treatment of human ailments without the use of drugs
and without operative surgery provided:
(a) the person maintains an equivalent
authorization to practice medicine in all of its
branches or to practice the treatment of human ailments
without the use of drugs and without operative surgery
in good standing in his or her native licensing
jurisdiction during the period of the visiting
professor permit;
(b) the person has received a faculty appointment
to teach in a medical, osteopathic or chiropractic
school in Illinois; and
(c) the Department may prescribe the information
necessary to establish an applicant's eligibility for

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a permit. This information shall include without
limitation (i) a statement from the dean of the medical
school at which the applicant will be employed
describing the applicant's qualifications and (ii) a
statement from the dean of the medical school listing
every affiliated institution in which the applicant
will be providing instruction as part of the medical
school's education program and justifying any clinical
activities at each of the institutions listed by the
dean.
(2) Application for visiting professor permits shall
be made to the Department, in writing, on forms prescribed
by the Department and shall be accompanied by the required
fee established by rule, which shall not be refundable. Any
application shall require the information as, in the
judgment of the Department, will enable the Department to
pass on the qualifications of the applicant.
(3) A visiting professor permit shall be valid for no
longer than 2 years from the date of issuance or until the
time the faculty appointment is terminated, whichever
occurs first, and may be renewed only in accordance with
subdivision (A)(6) of this Section.
(4) The applicant may be required to appear before the
Medical Licensing Board for an interview prior to, and as a
requirement for, the issuance of the original permit and
the renewal.

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(5) Persons holding a permit under this Section shall
only practice medicine in all of its branches or practice
the treatment of human ailments without the use of drugs
and without operative surgery in the State of Illinois in
their official capacity under their contract within the
medical school itself and any affiliated institution in
which the permit holder is providing instruction as part of
the medical school's educational program and for which the
medical school has assumed direct responsibility.
(6) After the initial renewal of a visiting professor
permit, a visiting professor permit shall be valid until
the last day of the next physician license renewal period,
as set by rule, and may only be renewed for applicants who
meet the following requirements:
(i) have obtained the required continuing
education hours as set by rule; and
(ii) have paid the fee prescribed for a license
under Section 21 of this Act.
For initial renewal, the visiting professor must
successfully pass a general competency examination authorized
by the Department by rule, unless he or she was issued an
initial visiting professor permit on or after January 1, 2007,
but prior to July 1, 2007.
(B) Visiting physician permit.
(1) The Department may, in its discretion, issue a

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temporary visiting physician permit, without examination,
provided:
(a) (blank);
(b) that the person maintains an equivalent
authorization to practice medicine in all of its
branches or to practice the treatment of human ailments
without the use of drugs and without operative surgery
in good standing in his or her native licensing
jurisdiction during the period of the temporary
visiting physician permit;
(c) that the person has received an invitation or
appointment to study, demonstrate, or perform a
specific medical, osteopathic, chiropractic or
clinical subject or technique in a medical,
osteopathic, or chiropractic school, a state or
national medical, osteopathic, or chiropractic
professional association or society conference or
meeting, a hospital licensed under the Hospital
Licensing Act, a hospital organized under the
University of Illinois Hospital Act, or a facility
operated pursuant to the Ambulatory Surgical Treatment
Center Act; and
(d) that the temporary visiting physician permit
shall only permit the holder to practice medicine in
all of its branches or practice the treatment of human
ailments without the use of drugs and without operative

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surgery within the scope of the medical, osteopathic,
chiropractic, or clinical studies, or in conjunction
with the state or national medical, osteopathic, or
chiropractic professional association or society
conference or meeting, for which the holder was invited
or appointed.
(2) The application for the temporary visiting
physician permit shall be made to the Department, in
writing, on forms prescribed by the Department, and shall
be accompanied by the required fee established by rule,
which shall not be refundable. The application shall
require information that, in the judgment of the
Department, will enable the Department to pass on the
qualification of the applicant, and the necessity for the
granting of a temporary visiting physician permit.
(3) A temporary visiting physician permit shall be
valid for no longer than (i) 180 days from the date of
issuance or (ii) until the time the medical, osteopathic,
chiropractic, or clinical studies are completed, or the
state or national medical, osteopathic, or chiropractic
professional association or society conference or meeting
has concluded, whichever occurs first. The temporary
visiting physician permit may be issued multiple times to a
visiting physician under this paragraph (3) as long as the
total number of days it is active do not exceed 180 days
within a 365-day period.

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(4) The applicant for a temporary visiting physician
permit may be required to appear before the Medical
Licensing Board for an interview prior to, and as a
requirement for, the issuance of a temporary visiting
physician permit.
(5) A limited temporary visiting physician permit
shall be issued to a physician licensed in another state
who has been requested to perform emergency procedures in
Illinois if he or she meets the requirements as established
by rule.
(C) Visiting resident permit.
(1) The Department may, in its discretion, issue a
temporary visiting resident permit, without examination,
provided:
(a) (blank);
(b) that the person maintains an equivalent
authorization to practice medicine in all of its
branches or to practice the treatment of human ailments
without the use of drugs and without operative surgery
in good standing in his or her native licensing
jurisdiction during the period of the temporary
visiting resident permit;
(c) that the applicant is enrolled in a
postgraduate clinical training program outside the
State of Illinois that is approved by the Department;

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(d) that the individual has been invited or
appointed for a specific period of time to perform a
portion of that post graduate clinical training
program under the supervision of an Illinois licensed
physician in an Illinois patient care clinic or
facility that is affiliated with the out-of-State post
graduate training program; and
(e) that the temporary visiting resident permit
shall only permit the holder to practice medicine in
all of its branches or practice the treatment of human
ailments without the use of drugs and without operative
surgery within the scope of the medical, osteopathic,
chiropractic or clinical studies for which the holder
was invited or appointed.
(2) The application for the temporary visiting
resident permit shall be made to the Department, in
writing, on forms prescribed by the Department, and shall
be accompanied by the required fee established by rule. The
application shall require information that, in the
judgment of the Department, will enable the Department to
pass on the qualifications of the applicant.
(3) A temporary visiting resident permit shall be valid
for 180 days from the date of issuance or until the time
the medical, osteopathic, chiropractic, or clinical
studies are completed, whichever occurs first.
(4) The applicant for a temporary visiting resident

HB4696 - 25 - LRB101 16284 SPS 65657 b
permit may be required to appear before the Medical
Licensing Board for an interview prior to, and as a
requirement for, the issuance of a temporary visiting
resident permit.
(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
(225 ILCS 60/19) (from Ch. 111, par. 4400-19)
(Section scheduled to be repealed on January 1, 2022)
Sec. 19. Licensure by endorsement. The Department may, in
its discretion, issue a license by endorsement to any person
who is currently licensed to practice medicine in all of its
branches, or a chiropractic physician, in any other state,
territory, country or province, upon the following conditions
and submitting evidence satisfactory to the Department of the
following:
(A) (Blank);
(B) That the applicant is of good moral character. In
determining moral character under this Section, the
Department may take into consideration whether the
applicant has engaged in conduct or activities which would
constitute grounds for discipline under this Act. The
Department may also request the applicant to submit, and
may consider as evidence of moral character, endorsements
from 2 or 3 individuals licensed under this Act;
(C) That the applicant is physically, mentally and
professionally capable of practicing medicine with

HB4696 - 26 - LRB101 16284 SPS 65657 b
reasonable judgment, skill and safety. In determining
physical, mental and professional capacity under this
Section the Medical Licensing Board may, upon a showing of
a possible incapacity, compel an applicant to submit to a
mental or physical examination and evaluation, or both, in
the same manner as provided in Section 22 and may condition
or restrict any license, subject to the same terms and
conditions as are provided for the Medical Disciplinary
Board under Section 22 of this Act.
(D) That if the applicant seeks to practice medicine in
all of its branches:
(1) if the applicant was licensed in another
jurisdiction prior to January 1, 1988, that the
applicant has satisfied the educational requirements
of paragraph (1) of subsection (A) or paragraph (2) of
subsection (A) of Section 11 of this Act; or
(2) if the applicant was licensed in another
jurisdiction after December 31, 1987, that the
applicant has satisfied the educational requirements
of paragraph (A)(2) of Section 11 of this Act; and
(3) the requirements for a license to practice
medicine in all of its branches in the particular
state, territory, country or province in which the
applicant is licensed are deemed by the Department to
have been substantially equivalent to the requirements
for a license to practice medicine in all of its

HB4696 - 27 - LRB101 16284 SPS 65657 b
branches in force in this State at the date of the
applicant's license;
(E) That if the applicant seeks to treat human ailments
without the use of drugs and without operative surgery:
(1) the applicant is a graduate of a chiropractic
school or college approved by the Department at the
time of their graduation;
(2) the requirements for the applicant's license
to practice the treatment of human ailments without the
use of drugs are deemed by the Department to have been
substantially equivalent to the requirements for a
license to practice in this State at the date of the
applicant's license;
(F) That the Department may, in its discretion, issue a
license by endorsement to any graduate of a medical or
osteopathic college, reputable and in good standing in the
judgment of the Department, who has passed an examination
for admission to the United States Public Health Service,
or who has passed any other examination deemed by the
Department to have been at least equal in all substantial
respects to the examination required for admission to any
such medical corps;
(G) That applications for licenses by endorsement
shall be filed with the Department, under oath, on forms
prepared and furnished by the Department, and shall set
forth, and applicants therefor shall supply such

HB4696 - 28 - LRB101 16284 SPS 65657 b
information respecting the life, education, professional
practice, and moral character of applicants as the
Department may require to be filed for its use;
(H) That the applicant undergo the criminal background
check established under Section 9.7 of this Act.
In the exercise of its discretion under this Section, the
Department is empowered to consider and evaluate each applicant
on an individual basis. It may take into account, among other
things: the extent to which the applicant will bring unique
experience and skills to the State of Illinois or the extent to
which there is or is not available to the Department authentic
and definitive information concerning the quality of medical
education and clinical training which the applicant has had.
Under no circumstances shall a license be issued under the
provisions of this Section to any person who has previously
taken and failed the written examination conducted by the
Department for such license. In the exercise of its discretion
under this Section, the Department may require an applicant to
successfully complete an examination as recommended by the
Medical Licensing Board. The Department may also request the
applicant to submit, and may consider as evidence of moral
character, evidence from 2 or 3 individuals licensed under this
Act. Applicants have 3 years from the date of application to
complete the application process. If the process has not been
completed within 3 years, the application shall be denied, the
fees shall be forfeited, and the applicant must reapply and

HB4696 - 29 - LRB101 16284 SPS 65657 b
meet the requirements in effect at the time of reapplication.
(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
(225 ILCS 60/21) (from Ch. 111, par. 4400-21)
(Section scheduled to be repealed on January 1, 2022)
Sec. 21. License renewal; reinstatement; inactive status;
disposition and collection of fees.
(A) Renewal. The expiration date and renewal period for
each license issued under this Act shall be set by rule. The
holder of a license may renew the license by paying the
required fee. The holder of a license may also renew the
license within 90 days after its expiration by complying with
the requirements for renewal and payment of an additional fee.
A license renewal within 90 days after expiration shall be
effective retroactively to the expiration date.
The Department shall attempt to provide through electronic
means to each licensee under this Act, at least 60 days in
advance of the expiration date of his or her license, a renewal
notice. No such license shall be deemed to have lapsed until 90
days after the expiration date and after the Department has
attempted to provide such notice as herein provided.
(B) Reinstatement. Any licensee who has permitted his or
her license to lapse or who has had his or her license on
inactive status may have his or her license reinstated by
making application to the Department and filing proof
acceptable to the Department of his or her fitness to have the

HB4696 - 30 - LRB101 16284 SPS 65657 b
license reinstated, including evidence certifying to active
practice in another jurisdiction satisfactory to the
Department, proof of meeting the continuing education
requirements for one renewal period, and by paying the required
reinstatement fee.
If the licensee has not maintained an active practice in
another jurisdiction satisfactory to the Department, the
Medical Licensing Board shall determine, by an evaluation
program established by rule, the applicant's fitness to resume
active status and may require the licensee to complete a period
of evaluated clinical experience and may require successful
completion of a practical examination specified by the Medical
Licensing Board.
However, any registrant whose license has expired while he
or she has been engaged (a) in Federal Service on active duty
with the Army of the United States, the United States Navy, the
Marine Corps, the Air Force, the Coast Guard, the Public Health
Service or the State Militia called into the service or
training of the United States of America, or (b) in training or
education under the supervision of the United States
preliminary to induction into the military service, may have
his or her license reinstated without paying any lapsed renewal
fees, if within 2 years after honorable termination of such
service, training, or education, he or she furnishes to the
Department with satisfactory evidence to the effect that he or
she has been so engaged and that his or her service, training,

HB4696 - 31 - LRB101 16284 SPS 65657 b
or education has been so terminated.
(C) Inactive licenses. Any licensee who notifies the
Department, in writing on forms prescribed by the Department,
may elect to place his or her license on an inactive status and
shall, subject to rules of the Department, be excused from
payment of renewal fees until he or she notifies the Department
in writing of his or her desire to resume active status.
Any licensee requesting reinstatement from inactive status
shall be required to pay the current renewal fee, provide proof
of meeting the continuing education requirements for the period
of time the license is inactive not to exceed one renewal
period, and shall be required to reinstate his or her license
as provided in subsection (B).
Any licensee whose license is in an inactive status shall
not practice in the State of Illinois.
(D) Disposition of monies collected. All monies collected
under this Act by the Department shall be deposited in the
Illinois State Medical Disciplinary Fund in the State Treasury,
and used only for the following purposes: (a) by the Medical
Disciplinary Board and Licensing Board in the exercise of its
powers and performance of its duties, as such use is made by
the Department with full consideration of all recommendations
of the Medical Disciplinary Board and Licensing Board, (b) for
costs directly related to persons licensed under this Act, and
(c) for direct and allocable indirect costs related to the
public purposes of the Department.

HB4696 - 32 - LRB101 16284 SPS 65657 b
Moneys in the Fund may be transferred to the Professions
Indirect Cost Fund as authorized under Section 2105-300 of the
Department of Professional Regulation Law of the Civil
Administrative Code of Illinois.
All earnings received from investment of monies in the
Illinois State Medical Disciplinary Fund shall be deposited in
the Illinois State Medical Disciplinary Fund and shall be used
for the same purposes as fees deposited in such Fund.
(E) Fees. The following fees are nonrefundable.
(1) Applicants for any examination shall be required to
pay, either to the Department or to the designated testing
service, a fee covering the cost of determining the
applicant's eligibility and providing the examination.
Failure to appear for the examination on the scheduled
date, at the time and place specified, after the
applicant's application for examination has been received
and acknowledged by the Department or the designated
testing service, shall result in the forfeiture of the
examination fee.
(2) Before July 1, 2018, the fee for a license under
Section 9 of this Act is $700. Beginning on July 1, 2018,
the fee for a license under Section 9 of this Act is $500.
(3) Before July 1, 2018, the fee for a license under
Section 19 of this Act is $700. Beginning on July 1, 2018,
the fee for a license under Section 19 of this Act is $500.
(4) Before July 1, 2018, the fee for the renewal of a

HB4696 - 33 - LRB101 16284 SPS 65657 b
license for a resident of Illinois shall be calculated at
the rate of $230 per year, and beginning on July 1, 2018
and until January 1, 2020, the fee for the renewal of a
license shall be $167, except for licensees who were issued
a license within 12 months of the expiration date of the
license, before July 1, 2018, the fee for the renewal shall
be $230, and beginning on July 1, 2018 and until January 1,
2020 that fee will be $167. Before July 1, 2018, the fee
for the renewal of a license for a nonresident shall be
calculated at the rate of $460 per year, and beginning on
July 1, 2018 and until January 1, 2020, the fee for the
renewal of a license for a nonresident shall be $250,
except for licensees who were issued a license within 12
months of the expiration date of the license, before July
1, 2018, the fee for the renewal shall be $460, and
beginning on July 1, 2018 and until January 1, 2020 that
fee will be $250. Beginning on January 1, 2020, the fee for
renewal of a license for a resident or nonresident is $181
per year.
(5) The fee for the reinstatement of a license other
than from inactive status, is $230. In addition, payment of
all lapsed renewal fees not to exceed $1,400 is required.
(6) The fee for a 3-year temporary license under
Section 17 is $230.
(7) The fee for the issuance of a license with a change
of name or address other than during the renewal period is

HB4696 - 34 - LRB101 16284 SPS 65657 b
$20. No fee is required for name and address changes on
Department records when no updated license is issued.
(8) The fee to be paid for a license record for any
purpose is $20.
(9) The fee to be paid to have the scoring of an
examination, administered by the Department, reviewed and
verified, is $20 plus any fees charged by the applicable
testing service.
(F) Any person who delivers a check or other payment to the
Department that is returned to the Department unpaid by the
financial institution upon which it is drawn shall pay to the
Department, in addition to the amount already owed to the
Department, a fine of $50. The fines imposed by this Section
are in addition to any other discipline provided under this Act
for unlicensed practice or practice on a nonrenewed license.
The Department shall notify the person that payment of fees and
fines shall be paid to the Department by certified check or
money order within 30 calendar days of the notification. If,
after the expiration of 30 days from the date of the
notification, the person has failed to submit the necessary
remittance, the Department shall automatically terminate the
license or permit or deny the application, without hearing. If,
after termination or denial, the person seeks a license or
permit, he or she shall apply to the Department for
reinstatement or issuance of the license or permit and pay all
fees and fines due to the Department. The Department may

HB4696 - 35 - LRB101 16284 SPS 65657 b
establish a fee for the processing of an application for
reinstatement of a license or permit to pay all expenses of
processing this application. The Secretary may waive the fines
due under this Section in individual cases where the Secretary
finds that the fines would be unreasonable or unnecessarily
burdensome.
(Source: P.A. 101-316, eff. 8-9-19; 101-603, eff. 1-1-20.)
(225 ILCS 60/22) (from Ch. 111, par. 4400-22)
(Section scheduled to be repealed on January 1, 2022)
Sec. 22. Disciplinary action.
(A) The Department may revoke, suspend, place on probation,
reprimand, refuse to issue or renew, or take any other
disciplinary or non-disciplinary action as the Department may
deem proper with regard to the license or permit of any person
issued under this Act, including imposing fines not to exceed
$10,000 for each violation, upon any of the following grounds:
(1) (Blank).
(2) (Blank).
(3) A plea of guilty or nolo contendere, finding of
guilt, jury verdict, or entry of judgment or sentencing,
including, but not limited to, convictions, preceding
sentences of supervision, conditional discharge, or first
offender probation, under the laws of any jurisdiction of
the United States of any crime that is a felony.
(4) Gross negligence in practice under this Act.

HB4696 - 36 - LRB101 16284 SPS 65657 b
(5) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud or harm the public.
(6) Obtaining any fee by fraud, deceit, or
misrepresentation.
(7) Habitual or excessive use or abuse of drugs defined
in law as controlled substances, of alcohol, or of any
other substances which results in the inability to practice
with reasonable judgment, skill, or safety.
(8) Practicing under a false or, except as provided by
law, an assumed name.
(9) Fraud or misrepresentation in applying for, or
procuring, a license under this Act or in connection with
applying for renewal of a license under this Act.
(10) Making a false or misleading statement regarding
their skill or the efficacy or value of the medicine,
treatment, or remedy prescribed by them at their direction
in the treatment of any disease or other condition of the
body or mind.
(11) Allowing another person or organization to use
their license, procured under this Act, to practice.
(12) Adverse action taken by another state or
jurisdiction against a license or other authorization to
practice as a medical doctor, doctor of osteopathy, doctor
of osteopathic medicine or doctor of chiropractic, a
certified copy of the record of the action taken by the

HB4696 - 37 - LRB101 16284 SPS 65657 b
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 Disciplinary Board.
(14) Violation of the prohibition against fee
splitting in Section 22.2 of this Act.
(15) A finding by the Medical Disciplinary Board that
the registrant after having his or her license placed on
probationary status or subjected to conditions or
restrictions violated the terms of the probation or failed
to comply with such terms or conditions.
(16) Abandonment of a patient.
(17) Prescribing, selling, administering,
distributing, giving, or self-administering any drug
classified as a controlled substance (designated product)
or narcotic for other than medically accepted therapeutic
purposes.
(18) Promotion of the sale of drugs, devices,
appliances, or goods provided for a patient in such manner

HB4696 - 38 - LRB101 16284 SPS 65657 b
as to exploit the patient for financial gain of the
physician.
(19) Offering, undertaking, or agreeing to cure or
treat disease by a secret method, procedure, treatment, or
medicine, or the treating, operating, or prescribing for
any human condition by a method, means, or procedure which
the licensee refuses to divulge upon demand of the
Department.
(20) Immoral conduct in the commission of any act
including, but not limited to, commission of an act of
sexual misconduct related to the licensee's practice.
(21) Willfully making or filing false records or
reports in his or her practice as a physician, including,
but not limited to, false records to support claims against
the medical assistance program of the Department of
Healthcare and Family Services (formerly Department of
Public Aid) under the Illinois Public Aid Code.
(22) Willful omission to file or record, or willfully
impeding the filing or recording, or inducing another
person to omit to file or record, medical reports as
required by law, or willfully failing to report an instance
of suspected abuse or neglect as required by law.
(23) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the

HB4696 - 39 - LRB101 16284 SPS 65657 b
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(24) Solicitation of professional patronage by any
corporation, agents or persons, or profiting from those
representing themselves to be agents of the licensee.
(25) Gross and willful and continued overcharging for
professional services, including filing false statements
for collection of fees for which services are not rendered,
including, but not limited to, filing such false statements
for collection of monies for services not rendered from the
medical assistance program of the Department of Healthcare
and Family Services (formerly Department of Public Aid)
under the Illinois Public Aid Code.
(26) A pattern of practice or other behavior which
demonstrates incapacity or incompetence to practice under
this Act.
(27) Mental illness or disability which results in the
inability to practice under this Act with reasonable
judgment, skill, or safety.
(28) Physical illness, including, but not limited to,
deterioration through the aging process, or loss of motor
skill which results in a physician's inability to practice
under this Act with reasonable judgment, skill, or safety.
(29) Cheating on or attempt to subvert the licensing
examinations administered under this Act.

HB4696 - 40 - LRB101 16284 SPS 65657 b
(30) Willfully or negligently violating the
confidentiality between physician and patient except as
required by law.
(31) The use of any false, fraudulent, or deceptive
statement in any document connected with practice under
this Act.
(32) Aiding and abetting an individual not licensed
under this Act in the practice of a profession licensed
under this Act.
(33) Violating state or federal laws or regulations
relating to controlled substances, legend drugs, or
ephedra as defined in the Ephedra Prohibition Act.
(34) Failure to report to the Department any adverse
final action taken against them by another licensing
jurisdiction (any other state or any territory of the
United States or any foreign state or country), by any peer
review body, by any health care institution, by any
professional society or association related to practice
under this Act, by any governmental agency, by any law
enforcement agency, or by any court for acts or conduct
similar to acts or conduct which would constitute grounds
for action as defined in this Section.
(35) Failure to report to the Department surrender of 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

HB4696 - 41 - LRB101 16284 SPS 65657 b
surrender of membership on any medical staff or in any
medical or professional association or society, while
under disciplinary investigation by any of those
authorities or bodies, for acts or conduct similar to acts
or conduct which would constitute grounds for action as
defined in this Section.
(36) Failure to report to the Department any adverse
judgment, settlement, or award arising from a liability
claim related to acts or conduct similar to acts or conduct
which would constitute grounds for action as defined in
this Section.
(37) Failure to provide copies of medical records as
required by law.
(38) Failure to furnish the Department, its
investigators or representatives, relevant information,
legally requested by the Department after consultation
with the Chief Medical Coordinator or the Deputy Medical
Coordinator.
(39) Violating the Health Care Worker Self-Referral
Act.
(40) Willful failure to provide notice when notice is
required under the Parental Notice of Abortion Act of 1995.
(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

HB4696 - 42 - LRB101 16284 SPS 65657 b
registered nurses resulting in an inability to adequately
collaborate.
(43) Repeated failure to adequately collaborate with a
licensed advanced practice registered nurse.
(44) Violating the Compassionate Use of Medical
Cannabis Program Act.
(45) Entering into an excessive number of written
collaborative agreements with licensed prescribing
psychologists resulting in an inability to adequately
collaborate.
(46) Repeated failure to adequately collaborate with a
licensed prescribing psychologist.
(47) Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act.
(48) Being named as an abuser in a verified report by
the Department on Aging under the Adult Protective Services
Act, and upon proof by clear and convincing evidence that
the licensee abused, neglected, or financially exploited
an eligible adult as defined in the Adult Protective
Services Act.
(49) Entering into an excessive number of written
collaborative agreements with licensed physician
assistants resulting in an inability to adequately
collaborate.

HB4696 - 43 - LRB101 16284 SPS 65657 b
(50) Repeated failure to adequately collaborate with a
physician assistant.
Except for actions involving the ground numbered (26), all
proceedings to suspend, revoke, place on probationary status,
or take any other disciplinary action as the Department may
deem proper, with regard to a license on any of the foregoing
grounds, must be commenced within 5 years next after receipt by
the Department of a complaint alleging the commission of or
notice of the conviction order for any of the acts described
herein. Except for the grounds numbered (8), (9), (26), and
(29), no action shall be commenced more than 10 years after the
date of the incident or act alleged to have violated this
Section. For actions involving the ground numbered (26), a
pattern of practice or other behavior includes all incidents
alleged to be part of the pattern of practice or other behavior
that occurred, or a report pursuant to Section 23 of this Act
received, within the 10-year period preceding the filing of the
complaint. In the event of the settlement of any claim or cause
of action in favor of the claimant or the reduction to final
judgment of any civil action in favor of the plaintiff, such
claim, cause of action, or civil action being grounded on the
allegation that a person licensed under this Act was negligent
in providing care, the Department shall have an additional
period of 2 years from the date of notification to the
Department under Section 23 of this Act of such settlement or
final judgment in which to investigate and commence formal

HB4696 - 44 - LRB101 16284 SPS 65657 b
disciplinary proceedings under Section 36 of this Act, except
as otherwise provided by law. The time during which the holder
of the license was outside the State of Illinois shall not be
included within any period of time limiting the commencement of
disciplinary action by the Department.
The entry of an order or judgment by any circuit court
establishing that any person holding a license under this Act
is a person in need of mental treatment operates as a
suspension of that license. That person may resume his or her
their practice only upon the entry of a Departmental order
based upon a finding by the Medical Disciplinary Board that the
person has they have been determined to be recovered from
mental illness by the court and upon the Medical Disciplinary
Board's recommendation that the person they be permitted to
resume his or her their practice.
The Department may refuse to issue or take disciplinary
action concerning the license of any person who fails to file a
return, or to pay the tax, penalty, or interest shown in a
filed return, or to pay any final assessment of tax, penalty,
or interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied as determined by
the Illinois Department of Revenue.
The Department, upon the recommendation of the Medical
Disciplinary Board, shall adopt rules which set forth standards
to be used in determining:

HB4696 - 45 - LRB101 16284 SPS 65657 b
(a) when a person will be deemed sufficiently
rehabilitated to warrant the public trust;
(b) what constitutes dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public;
(c) what constitutes immoral conduct in the commission
of any act, including, but not limited to, commission of an
act of sexual misconduct related to the licensee's
practice; and
(d) what constitutes gross negligence in the practice
of medicine.
However, no such rule shall be admissible into evidence in
any civil action except for review of a licensing or other
disciplinary action under this Act.
In enforcing this Section, the Medical Disciplinary Board
or the Licensing Board, upon a showing of a possible violation,
may compel, in the case of the Disciplinary Board, any
individual who is licensed to practice under this Act or holds
a permit to practice under this Act, or, in the case of the
Licensing Board, any individual who has applied for licensure
or a permit pursuant to this Act, to submit to a mental or
physical examination and evaluation, or both, which may include
a substance abuse or sexual offender evaluation, as required by
the Medical Licensing Board or Disciplinary Board and at the
expense of the Department. The Medical Disciplinary Board or
Licensing Board shall specifically designate the examining

HB4696 - 46 - LRB101 16284 SPS 65657 b
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
Disciplinary Board, the Licensing Board, or the Department may
order the examining physician or any member of the
multidisciplinary team to provide to the Department or , the
Medical Disciplinary Board, or the Licensing Board any and all
records, including business records, that relate to the
examination and evaluation, including any supplemental testing
performed. The Medical Disciplinary Board, the Licensing
Board, or the Department may order the examining physician or
any member of the multidisciplinary team to present testimony

HB4696 - 47 - LRB101 16284 SPS 65657 b
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
Disciplinary Board or Licensing Board finds a physician unable
to practice following an examination and evaluation because of
the reasons set forth in this Section, the Medical Disciplinary
Board or Licensing Board shall require such physician to submit
to care, counseling, or treatment by physicians, or other

HB4696 - 48 - LRB101 16284 SPS 65657 b
health care professionals, approved or designated by the
Medical Disciplinary Board, as a condition for issued,
continued, reinstated, or renewed licensure to practice. Any
physician, whose license was granted pursuant to Sections 9,
17, or 19 of this Act, or, continued, reinstated, renewed,
disciplined or supervised, subject to such terms, conditions,
or restrictions who shall fail to comply with such 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 their license suspended
immediately, pending a hearing by the Medical Disciplinary
Board. In instances in which the Secretary immediately suspends
a license under this Section, a hearing upon such person's
license must be convened by the Medical Disciplinary Board
within 15 days after such suspension and completed without
appreciable delay. The Medical Disciplinary Board shall have
the authority to review the subject physician's record of
treatment and counseling regarding the impairment, to the
extent permitted by applicable federal statutes and
regulations safeguarding the confidentiality of medical
records.
An individual licensed under this Act, affected under this
Section, shall be afforded an opportunity to demonstrate to the
Medical Disciplinary Board that he or she they can resume

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

HB4696 - 50 - LRB101 16284 SPS 65657 b
probation, reprimand, refuse to issue or renew, or take any
other disciplinary or non-disciplinary action against the
license or permit issued under this Act to practice medicine to
a physician:
(1) based solely upon the recommendation of the
physician to an eligible patient regarding, or
prescription for, or treatment with, an investigational
drug, biological product, or device; or
(2) for experimental treatment for Lyme disease or
other tick-borne diseases, including, but not limited to,
the prescription of or treatment with long-term
antibiotics.
(D) The Medical Disciplinary Board shall recommend to the
Department civil penalties and any other appropriate
discipline in disciplinary cases when the Medical Board finds
that a physician willfully performed an abortion with actual
knowledge that the person upon whom the abortion has been
performed is a minor or an incompetent person without notice as
required under the Parental Notice of Abortion Act of 1995.
Upon the Medical Board's recommendation, the Department shall
impose, for the first violation, a civil penalty of $1,000 and
for a second or subsequent violation, a civil penalty of
$5,000.
(Source: P.A. 100-429, eff. 8-25-17; 100-513, eff. 1-1-18;
100-605, eff. 1-1-19; 100-863, eff. 8-14-18; 100-1137, eff.
1-1-19; 101-13, eff. 6-12-19; 101-81, eff. 7-12-19; 101-363,

HB4696 - 51 - LRB101 16284 SPS 65657 b
eff. 8-9-19; revised 9-20-19.)
(225 ILCS 60/23) (from Ch. 111, par. 4400-23)
(Section scheduled to be repealed on January 1, 2022)
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 Disciplinary 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 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
Disciplinary Board shall, by rule, provide for the
reporting to it by health care institutions of all

HB4696 - 52 - LRB101 16284 SPS 65657 b
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
Disciplinary Board, or by authorized staff as provided by
rules of the Medical Disciplinary 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 Disciplinary 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 Disciplinary Board that such
reports are no longer required, in a manner and at such
time as the Medical Disciplinary 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.
(1.5) Clinical training programs. The program director
of any post-graduate clinical training program shall
report to the Medical Disciplinary Board if a person
engaged in a post-graduate clinical training program at the
institution, including, but not limited to, a residency or

HB4696 - 53 - LRB101 16284 SPS 65657 b
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 Disciplinary Board determines
that a review of those documents is necessary to determine
whether a violation of this Act occurred.
(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 Disciplinary 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 Disciplinary 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.
(4) State's Attorneys. The State's Attorney of each

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county shall report to the Medical Disciplinary Board,
within 5 days, any instances in which a person licensed
under this Act is convicted of any felony or Class A
misdemeanor. The State's Attorney of each county may report
to the Medical Disciplinary Board through a verified
complaint any instance in which the State's Attorney
believes that a physician has willfully violated the notice
requirements of the Parental Notice of Abortion Act of
1995.
(5) State agencies. All agencies, boards, commissions,
departments, or other instrumentalities of the government
of the State of Illinois shall report to the Medical
Disciplinary 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
Section 23 shall be submitted to the Medical Disciplinary Board
in a timely fashion. Unless otherwise provided in this Section,
the reports shall be filed in writing within 60 days after a

HB4696 - 55 - LRB101 16284 SPS 65657 b
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.
The Medical Disciplinary 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

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shall be adopted by the Department with the approval of the
Medical Disciplinary 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 Disciplinary Board, the Medical
Coordinators, the Medical Disciplinary 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 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

HB4696 - 57 - LRB101 16284 SPS 65657 b
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 wilful and
wanton manner, in complying with this Act by providing any
report or other information to the Medical Disciplinary Board
or a peer review committee, or assisting in the investigation
or preparation of such information, or by voluntarily reporting
to the Medical Disciplinary 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 Disciplinary Board or a peer review committee, or
by serving as a member of the Medical Disciplinary 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 Disciplinary
Board, the Licensing Board, the Medical Coordinators, the
Medical Disciplinary Board's attorneys, the medical
investigative staff, physicians retained under contract to
assist and advise the medical coordinators in the

HB4696 - 58 - LRB101 16284 SPS 65657 b
investigation, and authorized clerical staff shall be
indemnified by the State for any actions occurring within the
scope of services on the Medical Disciplinary Board or
Licensing Board, done in good faith and not 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 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 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 Disciplinary 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 Disciplinary Board. Upon the
receipt of 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 Disciplinary Board, the

HB4696 - 59 - LRB101 16284 SPS 65657 b
Medical Disciplinary Board shall notify in writing, by
certified 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 Disciplinary 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
Disciplinary Board no more than 30 days after the date on which
the person was notified by the Medical Disciplinary Board of
the existence of the original report.
The Medical Disciplinary 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 Disciplinary Board shall
be in a timely manner but in no event, shall the Medical
Disciplinary Board's initial review of the material contained
in each disciplinary file be less than 61 days nor more than

HB4696 - 60 - LRB101 16284 SPS 65657 b
180 days after the receipt of the initial report by the Medical
Disciplinary Board.
When the Medical Disciplinary Board makes its initial
review of the materials contained within its disciplinary
files, the Medical Disciplinary 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 Disciplinary 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
Disciplinary 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 Disciplinary Board's review of a
specific report or complaint. Such request may be made at any

HB4696 - 61 - LRB101 16284 SPS 65657 b
time, including prior to the Medical Disciplinary Board's
determination as to whether there are sufficient facts to
warrant further investigation or action.
(F) Summary reports. The Medical Disciplinary 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
Disciplinary 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 violating

HB4696 - 62 - LRB101 16284 SPS 65657 b
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.
(Source: P.A. 98-601, eff. 12-30-13; 99-143, eff. 7-27-15.)
(225 ILCS 60/24) (from Ch. 111, par. 4400-24)
(Section scheduled to be repealed on January 1, 2022)
Sec. 24. Report of violations; medical associations.
(a) Any physician licensed under this Act, the Illinois
State Medical Society, the Illinois Association of Osteopathic
Physicians and Surgeons, the Illinois Chiropractic Society,
the Illinois Prairie State Chiropractic Association, or any
component societies of any of these 4 groups, and any other
person, may report to the Medical Disciplinary Board any
information the physician, association, society, or person may
have that appears to show that a physician is or may be in
violation of any of the provisions of Section 22 of this Act.
(b) The Department may enter into agreements with the
Illinois State Medical Society, the Illinois Association of
Osteopathic Physicians and Surgeons, the Illinois Prairie
State Chiropractic Association, or the Illinois Chiropractic
Society to allow these organizations to assist the Medical
Disciplinary Board in the review of alleged violations of this
Act. Subject to the approval of the Department, any
organization party to such an agreement may subcontract with

HB4696 - 63 - LRB101 16284 SPS 65657 b
other individuals or organizations to assist in review.
(c) Any physician, association, society, or person
participating in good faith in the making of a report under
this Act or participating in or assisting with an investigation
or review under this Act shall have immunity from any civil,
criminal, or other liability that might result by reason of
those actions.
(d) The medical information in the custody of an entity
under contract with the Department participating in an
investigation or review shall be privileged and confidential to
the same extent as are information and reports under the
provisions of Part 21 of Article VIII of the Code of Civil
Procedure.
(e) Upon request by the Department after a mandatory report
has been filed with the Department, an attorney for any party
seeking to recover damages for injuries or death by reason of
medical, hospital, or other healing art malpractice shall
provide patient records related to the physician involved in
the disciplinary proceeding to the Department within 30 days of
the Department's request for use by the Department in any
disciplinary matter under this Act. An attorney who provides
patient records to the Department in accordance with this
requirement shall not be deemed to have violated any
attorney-client privilege. Notwithstanding any other provision
of law, consent by a patient shall not be required for the
provision of patient records in accordance with this

HB4696 - 64 - LRB101 16284 SPS 65657 b
requirement.
(f) For the purpose of any civil or criminal proceedings,
the good faith of any physician, association, society or person
shall be presumed.
(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
(225 ILCS 60/25) (from Ch. 111, par. 4400-25)
(Section scheduled to be repealed on January 1, 2022)
Sec. 25. The Secretary of the Department may, 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, and
after consultation with the Chief Medical Coordinator or Deputy
Medical Coordinator, 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 Medical
Disciplinary Board within 15 days after such suspension and
completed without appreciable delay. Such hearing is to be held
to determine whether to recommend to the Secretary that the
person's license be revoked, suspended, placed on probationary
status or reinstated, or whether such person should be subject
to other disciplinary action. In the hearing, the written
communication and any other evidence submitted therewith may be

HB4696 - 65 - LRB101 16284 SPS 65657 b
introduced as evidence against such person; provided however,
the person, or their counsel, shall have the opportunity to
discredit, impeach and submit evidence rebutting such
evidence.
(Source: P.A. 97-622, eff. 11-23-11.)
(225 ILCS 60/35) (from Ch. 111, par. 4400-35)
(Section scheduled to be repealed on January 1, 2022)
Sec. 35. The Secretary shall have the authority to appoint
an attorney duly licensed to practice law in the State of
Illinois to serve as the hearing officer in any action to
suspend, revoke, place on probationary status, or take any
other disciplinary action with regard to a license. The hearing
officer shall have full authority to conduct the hearing. The
hearing officer shall report his findings and recommendations
to the Medical Disciplinary Board or Licensing Board within 30
days of the receipt of the record. The Medical Disciplinary
Board or Licensing Board shall have 60 days from receipt of the
report to review the report of the hearing officer and present
their findings of fact, conclusions of law and recommendations
to the Secretary.
(Source: P.A. 100-429, eff. 8-25-17.)
(225 ILCS 60/36) (from Ch. 111, par. 4400-36)
(Section scheduled to be repealed on January 1, 2022)
Sec. 36. Investigation; notice.

HB4696 - 66 - LRB101 16284 SPS 65657 b
(a) Upon the motion of either the Department or the Medical
Disciplinary Board or upon the verified complaint in writing of
any person setting forth facts which, if proven, would
constitute grounds for suspension or revocation under Section
22 of this Act, the Department shall investigate the actions of
any person, so accused, who holds or represents that he or she
holds a license. Such person is hereinafter called the accused.
(b) The Department shall, before suspending, revoking,
placing on probationary status, or taking any other
disciplinary action as the Department may deem proper with
regard to any license at least 30 days prior to the date set
for the hearing, notify the accused in writing of any charges
made and the time and place for a hearing of the charges before
the Medical Disciplinary Board, direct him or her to file his
or her written answer thereto to the Medical Disciplinary Board
under oath within 20 days after the service on him or her of
such notice and inform him or her that if he or she fails to
file such answer default will be taken against him or her and
his or her license may be suspended, revoked, placed on
probationary status, or have other disciplinary action,
including limiting the scope, nature or extent of his or her
practice, as the Department may deem proper taken with regard
thereto. The Department shall, at least 14 days prior to the
date set for the hearing, notify in writing any person who
filed a complaint against the accused of the time and place for
the hearing of the charges against the accused before the

HB4696 - 67 - LRB101 16284 SPS 65657 b
Medical Disciplinary Board and inform such person whether he or
she may provide testimony at the hearing.
(c) (Blank).
(d) Such written notice and any notice in such proceedings
thereafter may be served by personal delivery, email to the
respondent's email address of record, or mail to the
respondent's address of record.
(e) All information gathered by the Department during its
investigation including information subpoenaed under Section
23 or 38 of this Act and the investigative file shall be kept
for the confidential use of the Secretary, the Medical
Disciplinary Board, the Medical Coordinators, persons employed
by contract to advise the Medical Coordinator or the
Department, the Medical Disciplinary 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 to a health care licensing
body of this State or another state or jurisdiction pursuant to
an official request made by that licensing body. 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,

HB4696 - 68 - LRB101 16284 SPS 65657 b
in the case of disclosure to a health care licensing body, only
for investigations and disciplinary action proceedings with
regard to a license issued by that licensing body.
(Source: P.A. 101-13, eff. 6-12-19; 101-316, eff. 8-9-19;
revised 9-20-19.)
(225 ILCS 60/37) (from Ch. 111, par. 4400-37)
(Section scheduled to be repealed on January 1, 2022)
Sec. 37. Disciplinary actions.
(a) At the time and place fixed in the notice, the Medical
Disciplinary Board provided for in this Act shall proceed to
hear the charges, and the accused person shall be accorded
ample opportunity to present in person, or by counsel, such
statements, testimony, evidence and argument as may be
pertinent to the charges or to any defense thereto. The Medical
Disciplinary Board may continue such hearing from time to time.
If the Medical Disciplinary Board is not sitting at the time
and place fixed in the notice or at the time and place to which
the hearing has been continued, the Department shall continue
such hearing for a period not to exceed 30 days.
(b) In case the accused person, after receiving notice,
fails to file an answer, their license may, in the discretion
of the Secretary, having received first the recommendation of
the Medical Disciplinary Board, be suspended, revoked or placed
on probationary status, or the Secretary may take whatever
disciplinary action as he or she may deem proper, including

HB4696 - 69 - LRB101 16284 SPS 65657 b
limiting the scope, nature, or extent of said person's
practice, without a hearing, if the act or acts charged
constitute sufficient grounds for such action under this Act.
(c) The Medical Disciplinary Board has the authority to
recommend to the Secretary that probation be granted or that
other disciplinary or non-disciplinary action, including the
limitation of the scope, nature or extent of a person's
practice, be taken as it deems proper. If disciplinary or
non-disciplinary action, other than suspension or revocation,
is taken, the Medical Disciplinary Board may recommend that the
Secretary impose reasonable limitations and requirements upon
the accused registrant to insure compliance with the terms of
the probation or other disciplinary action including, but not
limited to, regular reporting by the accused to the Department
of their actions, placing themselves under the care of a
qualified physician for treatment, or limiting their practice
in such manner as the Secretary may require.
(d) The Secretary, after consultation with the Chief
Medical Coordinator or Deputy Medical Coordinator, may
temporarily suspend the license of a physician without a
hearing, simultaneously with the institution of proceedings
for a hearing provided under this Section if the Secretary
finds that evidence in his or her possession indicates that a
physician's continuation in practice would constitute an
immediate danger to the public. In the event that the Secretary
suspends, temporarily, the license of a physician without a

HB4696 - 70 - LRB101 16284 SPS 65657 b
hearing, a hearing by the Medical Disciplinary Board shall be
held within 15 days after such suspension has occurred and
shall be concluded without appreciable delay.
(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
(225 ILCS 60/38) (from Ch. 111, par. 4400-38)
(Section scheduled to be repealed on January 1, 2022)
Sec. 38. Subpoena; oaths.
(a) The Medical Disciplinary Board or Department has power
to subpoena and bring before it any person in this State and to
take testimony either orally or by deposition, or both, with
the same fees and mileage and in the same manner as is
prescribed by law for judicial procedure in civil cases.
(b) The Medical Disciplinary Board, upon a determination
that probable cause exists that a violation of one or more of
the grounds for discipline listed in Section 22 has occurred or
is occurring, may subpoena the medical and hospital records of
individual patients of physicians licensed under this Act,
provided, that prior to the submission of such records to the
Medical Disciplinary Board, all information indicating the
identity of the patient shall be removed and deleted.
Notwithstanding the foregoing, the Medical Disciplinary Board
and Department shall possess the power to subpoena copies of
hospital or medical records in mandatory report cases under
Section 23 alleging death or permanent bodily injury when
consent to obtain records is not provided by a patient or legal

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representative. Prior to submission of the records to the
Medical Disciplinary Board, all information indicating the
identity of the patient shall be removed and deleted. All
medical records and other information received pursuant to
subpoena shall be confidential and shall be afforded the same
status as is proved information concerning medical studies in
Part 21 of Article VIII of the Code of Civil Procedure. The use
of such records shall be restricted to members of the Medical
Disciplinary Board, the medical coordinators, and appropriate
staff of the Department designated by the Medical Disciplinary
Board for the purpose of determining the existence of one or
more grounds for discipline of the physician as provided for by
Section 22 of this Act. Any such review of individual patients'
records shall be conducted by the Medical Disciplinary Board in
strict confidentiality, provided that such patient records
shall be admissible in a disciplinary hearing, before the
Medical Disciplinary Board, when necessary to substantiate the
grounds for discipline alleged against the physician licensed
under this Act, and provided further, that nothing herein shall
be deemed to supersede the provisions of Part 21 of Article
VIII of the "Code of Civil Procedure", as now or hereafter
amended, to the extent applicable.
(c) The Secretary, hearing officer, and any member of the
Medical Disciplinary Board each have power to administer oaths
at any hearing which the Medical Disciplinary Board or
Department is authorized by law to conduct.

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(d) The Medical Disciplinary Board, upon a determination
that probable cause exists that a violation of one or more of
the grounds for discipline listed in Section 22 has occurred or
is occurring on the business premises of a physician licensed
under this Act, may issue an order authorizing an appropriately
qualified investigator employed by the Department to enter upon
the business premises with due consideration for patient care
of the subject of the investigation so as to inspect the
physical premises and equipment and furnishings therein. No
such order shall include the right of inspection of business,
medical, or personnel records located on the premises. For
purposes of this Section, "business premises" is defined as the
office or offices where the physician conducts the practice of
medicine. Any such order shall expire and become void five
business days after its issuance by the Medical Disciplinary
Board. The execution of any such order shall be valid only
during the normal business hours of the facility or office to
be inspected.
(Source: P.A. 101-316, eff. 8-9-19.)
(225 ILCS 60/39) (from Ch. 111, par. 4400-39)
(Section scheduled to be repealed on January 1, 2022)
Sec. 39. Certified shorthand reporter; record. The
Department, at its expense, shall provide a certified shorthand
reporter to take down the testimony and preserve a record of
all proceedings at the hearing of any case wherein a license

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may be revoked, suspended, placed on probationary status, or
other disciplinary action taken with regard thereto in
accordance with Section 2105-115 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois. The notice of hearing, complaint and all other
documents in the nature of pleadings and written motions filed
in the proceedings, the transcript of testimony, the report of
the hearing officer, exhibits, the report of the Medical Board,
and the orders of the Department constitute the record of the
proceedings.
(Source: P.A. 100-429, eff. 8-25-17; 101-316, eff. 8-9-19.)
(225 ILCS 60/40) (from Ch. 111, par. 4400-40)
(Section scheduled to be repealed on January 1, 2022)
Sec. 40. Findings and recommendations; rehearing.
(a) The Medical Disciplinary Board shall present to the
Secretary a written report of its findings and recommendations.
A copy of such report shall be served upon the accused person,
either personally or by mail or email. Within 20 days after
such service, the accused person may present to the Department
his or her motion, in writing, for a rehearing, which written
motion shall specify the particular ground therefor. If the
accused person orders and pays for a transcript of the record
as provided in Section 39, the time elapsing thereafter and
before such transcript is ready for delivery to them shall not
be counted as part of such 20 days.

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(b) At the expiration of the time allowed for filing a
motion for rehearing, the Secretary may take the action
recommended by the Medical Disciplinary Board. Upon the
suspension, revocation, placement on probationary status, or
the taking of any other disciplinary action, including the
limiting of the scope, nature, or extent of one's practice,
deemed proper by the Department, with regard to the license or
permit, the accused shall surrender his or her license or
permit to the Department, if ordered to do so by the
Department, and upon his or her failure or refusal so to do,
the Department may seize the same.
(c) (Blank). Each order of revocation, suspension, or other
disciplinary action shall contain a brief, concise statement of
the ground or grounds upon which the Department's action is
based, as well as the specific terms and conditions of such
action. This document shall be retained as a permanent record
by the Disciplinary Board and the Secretary.
(d) (Blank). The Department shall at least annually publish
a list of the names of all persons disciplined under this Act
in the preceding 12 months. Such lists shall be available by
the Department on its website.
(e) In those instances where an order of revocation,
suspension, or other disciplinary action has been rendered by
virtue of a physician's 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

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practice medicine with reasonable judgment, skill, or safety,
the Department shall only permit this document, and the record
of the hearing incident thereto, to be observed, inspected,
viewed, or copied pursuant to court order.
(Source: P.A. 101-316, eff. 8-9-19.)
(225 ILCS 60/41) (from Ch. 111, par. 4400-41)
(Section scheduled to be repealed on January 1, 2022)
Sec. 41. Administrative review; certification of record.
(a) All final administrative decisions of the Department
are subject to judicial review pursuant to the Administrative
Review Law and its rules. The term "administrative decision" is
defined as in Section 3-101 of the Code of Civil Procedure.
(b) Proceedings for judicial review shall be commenced in
the circuit court of the county in which the party applying for
review resides; but if the party is not a resident of this
State, the venue shall be in Sangamon County.
(c) The Department shall not be required to certify any
record to the court, to file an answer in court, or to
otherwise appear in any court in a judicial review proceeding
unless and until the Department has received from the plaintiff
payment of the costs of furnishing and certifying the record,
which costs shall be determined by the Department. Exhibits
shall be certified without cost. Failure on the part of the
plaintiff to file a receipt in court shall be grounds for
dismissal of the action. During the pendency and hearing of any

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and all judicial proceedings incident to the disciplinary
action the sanctions imposed upon the accused by the Department
because of acts or omissions related to the delivery of direct
patient care as specified in the Department's final
administrative decision, shall as a matter of public policy
remain in full force and effect in order to protect the public
pending final resolution of any of the proceedings.
(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
(225 ILCS 60/42) (from Ch. 111, par. 4400-42)
(Section scheduled to be repealed on January 1, 2022)
Sec. 42. An order of revocation, suspension, placing the
license on probationary status, or other formal disciplinary
action as the Department may deem proper, or a certified copy
thereof, over the seal of the Department and purporting to be
signed by the Secretary, is prima facie proof that:
(a) Such signature is the genuine signature of the
Secretary;
(b) The Secretary is duly appointed and qualified; and
(c) The Medical Disciplinary Board and the members
thereof are qualified.
Such proof may be rebutted.
(Source: P.A. 97-622, eff. 11-23-11.)
(225 ILCS 60/47) (from Ch. 111, par. 4400-47)
(Section scheduled to be repealed on January 1, 2022)

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Sec. 47. Administrative Procedure Act. The Illinois
Administrative Procedure Act is hereby expressly adopted and
incorporated herein as if all of the provisions of that Act
were included in this Act, except that the provision of
subsection (d) of Section 10-65 of the Illinois Administrative
Procedure Act that provides that at hearings the licensee has
the right to show compliance with all lawful requirements for
retention, continuation or renewal of the license is
specifically excluded. For the purposes of this Act the notice
required under Section 10-25 of the Illinois Administrative
Procedure Act is deemed sufficient when mailed or emailed to
the address of record of a party.
(Source: P.A. 97-622, eff. 11-23-11.)
(225 ILCS 60/8 rep.)
(225 ILCS 60/9.3 rep.)
(225 ILCS 60/44 rep.)
Section 10. The Medical Practice Act of 1987 is amended by
repealing Sections 8, 9.3, and 44.
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INDEX
Statutes amended in order of appearance
225 ILCS 60/2 from Ch. 111, par. 4400-2
225 ILCS 60/7 from Ch. 111, par. 4400-7
225 ILCS 60/7.5
225 ILCS 60/8.1
225 ILCS 60/9 from Ch. 111, par. 4400-9
225 ILCS 60/17 from Ch. 111, par. 4400-17
225 ILCS 60/18 from Ch. 111, par. 4400-18
225 ILCS 60/19 from Ch. 111, par. 4400-19
225 ILCS 60/21 from Ch. 111, par. 4400-21
225 ILCS 60/22 from Ch. 111, par. 4400-22
225 ILCS 60/23 from Ch. 111, par. 4400-23
225 ILCS 60/24 from Ch. 111, par. 4400-24
225 ILCS 60/25 from Ch. 111, par. 4400-25
225 ILCS 60/35 from Ch. 111, par. 4400-35
225 ILCS 60/36 from Ch. 111, par. 4400-36
225 ILCS 60/37 from Ch. 111, par. 4400-37
225 ILCS 60/38 from Ch. 111, par. 4400-38
225 ILCS 60/39 from Ch. 111, par. 4400-39
225 ILCS 60/40 from Ch. 111, par. 4400-40
225 ILCS 60/41 from Ch. 111, par. 4400-41
225 ILCS 60/42 from Ch. 111, par. 4400-42
225 ILCS 60/47 from Ch. 111, par. 4400-47
225 ILCS 60/8 rep.
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