Bill Text: IL HB5040 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Acupuncture Practice Act, the Illinois Athletic Trainers Practice Act, the Illinois Dental Practice Act, the Massage Therapy Practice Act, the Medical Practice Act of 1987, the Nurse Practice Act, the Illinois Optometric Practice Act of 1987, the Orthotics, Prosthetics, and Pedorthics Practice Act, the Illinois Physical Therapy Act, the Physician Assistant Practice Act of 1987, the Podiatric Medical Practice Act of 1987, the Respiratory Care Practice Act, the Registered Surgical Assistant and Registered Surgical Technologist Title Protection Act, and the Rights of Crime Victims and Witnesses Act. Provides that any Department of Financial and Professional Regulation process under statute or rule used to verify the criminal history of an applicant for licensure shall be used for all applicants for licensure, applicants for renewal of a license, or persons whose conviction of a crime or other behavior warrants review of a license. Provides that a finding of guilt by a judge or jury, a guilty plea, or plea of no contest to specified offenses entered after the effective date of the amendatory Act is a disqualifying offense, and the individual's license shall be automatically revoked when the Department is notified that the individual has been found guilty or has pled guilty or no contest. Provides that the individual may appeal the revocation to the Department only upon the reversal of the criminal conviction. Provides that crime victims have the right to file a complaint against the accused with the agency or department that licensed, certified, permitted, or registered the accused if the accused holds a license, certificate, permit, or registration to practice a profession. Effective 6 months after becoming law.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB5040 Detail]

Download: Illinois-2023-HB5040-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5040 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED:
See Index
Amends the Acupuncture Practice Act, the Illinois Athletic Trainers Practice Act, the Illinois Dental Practice Act, the Massage Licensing Act, the Medical Practice Act of 1987, the Nurse Practice Act, the Illinois Optometric Practice Act of 1987, the Orthotics, Prosthetics, and Pedorthics Practice Act, the Illinois Physical Therapy Act, the Physician Assistant Practice Act of 1987, the Podiatric Medical Practice Act of 1987, the Respiratory Care Practice Act, the Registered Surgical Assistant and Registered Surgical Technologist Title Protection Act, and the Rights of Crime Victims and Witnesses Act. Provides that any Department of Financial and Professional Regulation process under statute or rule used to verify the criminal history of an applicant for licensure shall be used for all applicants for licensure, applicants for renewal of a license, or persons whose conviction of a crime or other behavior warrants review of a license. Provides that a finding of guilt by a judge or jury, a guilty plea, or plea of no contest to specified offenses entered after the effective date of the amendatory Act is a disqualifying offense, and the individual's license shall be automatically revoked when the Department is notified that the individual has been found guilty or has pled guilty or no contest. Provides that the individual may appeal the revocation to the Department only upon the reversal of the criminal conviction. Provides that crime victims have the right to file a complaint against the accused with the agency or department that licensed, certified, permitted, or registered the accused if the accused holds a license, certificate, permit, or registration to practice a profession. Effective 6 months after becoming law.
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A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Findings. The General Assembly finds that:
(1) The health, safety, and peace of mind of the
citizens of Illinois are of paramount concern.
(2) Health care professionals entrusted with the
health of the citizens of Illinois should be held to the
highest standards of conduct so that these professions can
build bonds of trust with current and future patients,
clients, and residents.
(3) The background check requirements for these
professions vary widely, leading to unequal treatment by
the State of licensees in these professions.
(4) Incidents of improper action, including sexual
assault, by health care professionals across the State and
nation have been underreported, and, in some cases,
persons charged with, and found guilty of, these crimes
have continued to practice and their licenses have
remained active without prompt and thorough review.
(5) It is right and fitting that any Department of
Financial and Professional Regulation process under
statute or rule currently used to verify the criminal
history of an applicant for licensure under a health care

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professional's licensing act shall be used for all
applicants and licensees thereunder whose conviction of a
crime or other behavior warrants review of a license
thereunder.
(6) Under the Health Care Worker Background Check Act,
unlicensed health care personnel are already required to
submit to rigorous background check protocols before they
can be considered by a health care employer.
(7) It is right and fitting that licensed health care
professionals be subject to the same criminal background
check requirements as their unlicensed counterparts.
Section 5. The Acupuncture Practice Act is amended by
changing Section 110 and by adding Section 40.5 as follows:
(225 ILCS 2/40.5 new)
Sec. 40.5. Criminal history. Any Department process under
statute or rule used to verify the criminal history of an
applicant for licensure under this Act shall be used for all
applicants for licensure, applicants for renewal of a license,
or persons whose conviction of a crime or other behavior
warrants review of a license under this Act.
(225 ILCS 2/110)
(Section scheduled to be repealed on January 1, 2028)
Sec. 110. Grounds for disciplinary action.

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

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nation, if at least one of the grounds for the discipline
is the same or substantially equivalent to one set forth
in this Section.
(7) Solicitation of professional services by means
other than permitted under this Act.
(8) Failure to provide a patient with a copy of his or
her record upon the written request of the patient.
(9) Gross negligence in the practice of acupuncture.
(10) Habitual or excessive use or addiction to
alcohol, narcotics, stimulants, or any other chemical
agent or drug that results in an acupuncturist's inability
to practice with reasonable judgment, skill, or safety.
(11) A finding that licensure has been applied for or
obtained by fraudulent means.
(12) A pattern of practice or other behavior that
demonstrates incapacity or incompetence to practice under
this Act.
(13) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or a
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(14) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused

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and Neglected Child Reporting Act.
(15) The use of any words, abbreviations, figures or
letters (such as "Acupuncturist", "Licensed
Acupuncturist", "Certified Acupuncturist", "Doctor of
Acupuncture and Chinese Medicine", "Doctor of Acupuncture
and Oriental Medicine", "Doctor of Acupuncture", "Oriental
Medicine Practitioner", "Licensed Oriental Medicine
Practitioner", "Oriental Medicine Doctor", "Licensed
Oriental Medicine Doctor", "C.A.", "Act.", "Lic. Act.",
"Lic. Ac.", "D.Ac.", "DACM", "DAOM", or "O.M.D.") or any
designation used by the Accreditation Commission for
Acupuncture and Oriental Medicine with the intention of
indicating practice as a licensed acupuncturist without a
valid license as an acupuncturist issued under this Act.
When the name of the licensed acupuncturist is used
professionally in oral, written, or printed announcements,
professional cards, or publications for the information of
the public, the degree title or degree abbreviation shall
be added immediately following title and name. When the
announcement, professional card, or publication is in
writing or in print, the explanatory addition shall be in
writing, type, or print not less than 1/2 the size of that
used in the name and title. No person other than the holder
of a valid existing license under this Act shall use the
title and designation of "acupuncturist", either directly
or indirectly, in connection with his or her profession or

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business.
(16) Using claims of superior quality of care to
entice the public or advertising fee comparisons of
available services with those of other persons providing
acupuncture services.
(17) Advertising of professional services that the
offeror of the services is not licensed to render.
Advertising of professional services that contains false,
fraudulent, deceptive, or misleading material or
guarantees of success, statements that play upon the
vanity or fears of the public, or statements that promote
or produce unfair competition.
(18) Having treated ailments other than by the
practice of acupuncture as defined in this Act, or having
treated ailments of as a licensed acupuncturist pursuant
to a referral by written order that provides for
management of the patient by a physician or dentist
without having notified the physician or dentist who
established the diagnosis that the patient is receiving
acupuncture treatments.
(19) Unethical, unauthorized, or unprofessional
conduct as defined by rule.
(20) Physical illness, mental illness, or other
impairment that results in the inability to practice the
profession with reasonable judgment, skill, and safety,
including, without limitation, deterioration through the

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aging process, mental illness, or disability.
(21) Violation of the Health Care Worker Self-Referral
Act.
(22) Failure to refer a patient whose condition
should, at the time of evaluation or treatment, be
determined to be beyond the scope of practice of the
acupuncturist to a licensed physician or dentist.
(23) Holding himself or herself out as being trained
in Chinese herbology without being able to provide the
Department with proof of status as a Diplomate of Oriental
Medicine certified by the National Certification
Commission for Acupuncture and Oriental Medicine or a
substantially equivalent status approved by the Department
or proof that he or she has successfully completed the
National Certification Commission for Acupuncture and
Oriental Medicine Chinese Herbology Examination or a
substantially equivalent examination approved by the
Department.
Notwithstanding anything in this Act to the contrary, a
finding of guilt by a judge or jury, a guilty plea, or plea of
no contest entered after the effective date of this amendatory
Act of the 103rd General Assembly of any of the offenses listed
in subsection (a) or (a-1) of Section 25 of the Health Care
Worker Background Check Act, except for Section 16-25 of the
Criminal Code of 2012, is a disqualifying offense, and the
individual's license shall be automatically revoked when the

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Department is notified that the individual has been found
guilty or has pled guilty or no contest. The individual may
appeal the revocation to the Department only upon the reversal
of the criminal conviction.
The entry of an order by a circuit court establishing that
any person holding a license under this Act is subject to
involuntary admission or judicial admission as provided for in
the Mental Health and Developmental Disabilities Code operates
as an automatic suspension of that license. That person may
have his or her license restored only upon the determination
by a circuit court that the patient is no longer subject to
involuntary admission or judicial admission and the issuance
of an order so finding and discharging the patient and upon the
Board's recommendation to the Department that the license be
restored. Where the circumstances so indicate, the Board may
recommend to the Department that it require an examination
prior to restoring a suspended license.
The Department may refuse to issue or renew the license of
any person who fails to (i) file a return or to pay the tax,
penalty or interest shown in a filed return or (ii) pay any
final assessment of the tax, penalty, or interest as required
by any tax Act administered by the Illinois Department of
Revenue, until the time that the requirements of that tax Act
are satisfied.
In enforcing this Section, the Department upon a showing
of a possible violation may compel an individual licensed to

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

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discipline the license of the individual. An individual whose
license was granted, continued, restored, renewed, disciplined
or supervised subject to such terms, conditions, or
restrictions, and who fails to comply with such terms,
conditions, or restrictions, shall be referred to the
Secretary for a determination as to whether the individual
shall have his or her license suspended immediately, pending a
hearing by the Department.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that
person's license must be convened by the Department within 30
days after the suspension and completed without appreciable
delay. The Department and Board shall have the authority to
review the subject individual's record of treatment and
counseling regarding the impairment to the extent permitted by
applicable federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate
to the Department that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
(Source: P.A. 100-375, eff. 8-25-17; 101-201, eff. 1-1-20.)
Section 10. The Illinois Athletic Trainers Practice Act is
amended by changing Sections 9 and 16 as follows:

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(225 ILCS 5/9) (from Ch. 111, par. 7609)
(Section scheduled to be repealed on January 1, 2026)
Sec. 9. Qualifications for licensure. A person shall be
qualified for licensure as an athletic trainer if he or she
fulfills all of the following:
(a) Has graduated from a curriculum in athletic
training accredited by the Commission on Accreditation of
Athletic Training Education (CAATE), its successor entity,
or its equivalent, as approved by the Department.
(b) Gives proof of current certification, on the date
of application, in cardiopulmonary resuscitation (CPR) and
automated external defibrillators (AED) for Healthcare
Providers and Professional Rescuers or its equivalent
based on American Red Cross or American Heart Association
standards.
(b-5) Has graduated from a 4 year accredited college
or university.
(c) Has passed an examination approved by the
Department to determine his or her fitness for practice as
an athletic trainer, or is entitled to be licensed without
examination as provided in Sections 7 and 8 of this Act.
Any Department process under statute or rule used to
verify the criminal history of an applicant for licensure
under this Act shall be used for all applicants for licensure,
applicants for renewal of a license, or persons whose

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conviction of a crime or other behavior warrants review of a
license under this Act.
(Source: P.A. 99-469, eff. 8-26-15.)
(225 ILCS 5/16) (from Ch. 111, par. 7616)
(Section scheduled to be repealed on January 1, 2026)
Sec. 16. Grounds for discipline.
(1) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary action as the Department may deem proper,
including fines not to exceed $10,000 for each violation, with
regard to any licensee for any one or combination of the
following:
(A) Material misstatement in furnishing information to
the Department;
(B) Violations of this Act, or of the rules or
regulations promulgated hereunder;
(C) Conviction of or plea of guilty to any crime under
the Criminal Code of 2012 or the laws of any jurisdiction
of the United States that is (i) a felony, (ii) a
misdemeanor, an essential element of which is dishonesty,
or (iii) of any crime that is directly related to the
practice of the profession;
(D) Fraud or any misrepresentation in applying for or
procuring a license under this Act, or in connection with
applying for renewal of a license under this Act;

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(E) Professional incompetence or gross negligence;
(F) Malpractice;
(G) Aiding or assisting another person, firm,
partnership, or corporation in violating any provision of
this Act or rules;
(H) Failing, within 60 days, to provide information in
response to a written request made by the Department;
(I) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud or harm the public;
(J) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, alcohol, or any
other substance that results in the inability to practice
with reasonable judgment, skill, or safety;
(K) Discipline by another state, unit of government,
government agency, the District of Columbia, territory, or
foreign nation, if at least one of the grounds for the
discipline is the same or substantially equivalent to
those set forth herein;
(L) Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership, or association
any fee, commission, rebate, or other form of compensation
for any professional services not actually or personally
rendered. Nothing in this subparagraph (L) affects any
bona fide independent contractor or employment
arrangements among health care professionals, health

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facilities, health care providers, or other entities,
except as otherwise prohibited by law. Any employment
arrangements may include provisions for compensation,
health insurance, pension, or other employment benefits
for the provision of services within the scope of the
licensee's practice under this Act. Nothing in this
subparagraph (L) shall be construed to require an
employment arrangement to receive professional fees for
services rendered;
(M) A finding by the Department that the licensee
after having his or her license disciplined has violated
the terms of probation;
(N) Abandonment of an athlete;
(O) Willfully making or filing false records or
reports in his or her practice, including but not limited
to false records filed with State agencies or departments;
(P) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act;
(Q) Physical illness, including but not limited to
deterioration through the aging process, or loss of motor
skill that results in the inability to practice the
profession with reasonable judgment, skill, or safety;
(R) Solicitation of professional services other than
by permitted institutional policy;
(S) The use of any words, abbreviations, figures or

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letters with the intention of indicating practice as an
athletic trainer without a valid license as an athletic
trainer under this Act;
(T) The evaluation or treatment of ailments of human
beings other than by the practice of athletic training as
defined in this Act or the treatment of injuries of
athletes by a licensed athletic trainer except by the
referral of a physician, physician assistant, advanced
practice registered nurse, podiatric physician, or
dentist;
(U) Willfully violating or knowingly assisting in the
violation of any law of this State relating to the use of
habit-forming drugs;
(V) Willfully violating or knowingly assisting in the
violation of any law of this State relating to the
practice of abortion;
(W) Continued practice by a person knowingly having an
infectious communicable or contagious disease;
(X) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
pursuant to the Abused and Neglected Child Reporting Act
and upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act;
(X-5) Failure to provide a monthly report on the

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patient's progress to the referring physician, physician
assistant, advanced practice registered nurse, podiatric
physician, or dentist;
(Y) (Blank);
(Z) Failure to fulfill continuing education
requirements;
(AA) Allowing one's license under this Act to be used
by an unlicensed person in violation of this Act;
(BB) Practicing under a false or, except as provided
by law, assumed name;
(CC) Promotion of the sale of drugs, devices,
appliances, or goods provided in any manner to exploit the
client for the financial gain of the licensee;
(DD) Gross, willful, or continued overcharging for
professional services;
(EE) Mental illness or disability that results in the
inability to practice under this Act with reasonable
judgment, skill, or safety;
(FF) Cheating on or attempting to subvert the
licensing examination administered under this Act;
(GG) Violation of the Health Care Worker Self-Referral
Act; or
(HH) Failure by a supervising athletic trainer of an
aide to maintain contact, including personal supervision
and instruction, to ensure the safety and welfare of an
athlete.

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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.
(1.5) Notwithstanding anything in this Act to the
contrary, a finding of guilt by a judge or jury, a guilty plea,
or plea of no contest entered after the effective date of this
amendatory Act of the 103rd General Assembly of any of the
offenses listed in subsection (a) or (a-1) of Section 25 of the
Health Care Worker Background Check Act, except for Section
16-25 of the Criminal Code of 2012, is a disqualifying
offense, and the individual's license shall be automatically
revoked when the Department is notified that the individual
has been found guilty or has pled guilty or no contest. The
individual may appeal the revocation to the Department only
upon the reversal of the criminal conviction.
(2) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. Such suspension will
end only upon a finding by a court that the licensee is no
longer subject to involuntary admission or judicial admission
and issuance of an order so finding and discharging the
licensee.
(3) The Department may refuse to issue or may suspend
without hearing, as provided for in the Code of Civil

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Procedure, the license of any person who fails to file a
return, to pay the tax, penalty, or interest shown in a filed
return, or to pay any final assessment of tax, penalty, or
interest as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied in accordance
with subsection (a) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code
of Illinois.
(4) In enforcing this Section, the Department, upon a
showing of a possible violation, may compel any individual who
is licensed under this Act or any individual who has applied
for licensure to submit to a mental or physical examination or
evaluation, or both, which may include a substance abuse or
sexual offender evaluation, at the expense of the Department.
The Department shall specifically designate the examining
physician licensed to practice medicine in all of its branches
or, if applicable, the multidisciplinary team involved in
providing the mental or physical examination and evaluation.
The multidisciplinary team shall be led by a physician
licensed to practice medicine in all of its branches and may
consist of one or more or a combination of physicians licensed
to practice medicine in all of its branches, licensed
chiropractic physicians, licensed clinical psychologists,
licensed clinical social workers, licensed clinical
professional counselors, and other professional and

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administrative staff. Any examining physician or member of the
multidisciplinary team may require any person ordered to
submit to an examination and evaluation pursuant to this
Section to submit to any additional supplemental testing
deemed necessary to complete any examination or evaluation
process, including, but not limited to, blood testing,
urinalysis, psychological testing, or neuropsychological
testing.
The Department may order the examining physician or any
member of the multidisciplinary team to provide to the
Department any and all records, including business records,
that relate to the examination and evaluation, including any
supplemental testing performed. The Department may order the
examining physician or any member of the multidisciplinary
team to present testimony concerning this examination and
evaluation of the licensee or applicant, including testimony
concerning any supplemental testing or documents relating to
the examination and evaluation. No information, report,
record, or other documents in any way related to the
examination and evaluation shall be excluded by reason of any
common law or statutory privilege relating to communication
between the licensee or applicant and the examining physician
or any member of the multidisciplinary team. No authorization
is necessary from the licensee or applicant ordered to undergo
an evaluation and examination for the examining physician or
any member of the multidisciplinary team to provide

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information, reports, records, or other documents or to
provide any testimony regarding the examination and
evaluation. The individual to be examined may have, at his or
her own expense, another physician of his or her choice
present during all aspects of the examination.
Failure of any individual to submit to a mental or
physical examination or evaluation, or both, when directed,
shall result in an automatic suspension without hearing, until
such time as the individual submits to the examination. If the
Department finds a licensee unable to practice because of the
reasons set forth in this Section, the Department shall
require the licensee to submit to care, counseling, or
treatment by physicians approved or designated by the
Department as a condition for continued, reinstated, or
renewed licensure.
When the Secretary immediately suspends a license under
this Section, a hearing upon such person's license must be
convened by the Department within 15 days after the suspension
and completed without appreciable delay. The Department shall
have the authority to review the licensee's record of
treatment and counseling regarding the impairment to the
extent permitted by applicable federal statutes and
regulations safeguarding the confidentiality of medical
records.
Individuals licensed under this Act who are affected under
this Section shall be afforded an opportunity to demonstrate

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to the Department that they can resume practice in compliance
with acceptable and prevailing standards under the provisions
of their license.
(5) (Blank).
(6) In cases where the Department of Healthcare and Family
Services has previously determined a licensee or a potential
licensee is more than 30 days delinquent in the payment of
child support and has subsequently certified the delinquency
to the Department, the Department may refuse to issue or renew
or may revoke or suspend that person's license or may take
other disciplinary action against that person based solely
upon the certification of delinquency made by the Department
of Healthcare and Family Services in accordance with paragraph
(5) of subsection (a) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code
of Illinois.
(Source: P.A. 102-940, eff. 1-1-23.)
Section 15. The Illinois Dental Practice Act is amended by
changing Section 23 and by adding Section 23d as follows:
(225 ILCS 25/23) (from Ch. 111, par. 2323)
(Section scheduled to be repealed on January 1, 2026)
Sec. 23. Refusal, revocation or suspension of dental
licenses. The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand or take other

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disciplinary or non-disciplinary action as the Department may
deem proper, including imposing fines not to exceed $10,000
per violation, with regard to any license for any one or any
combination of the following causes:
1. Fraud or misrepresentation in applying for or
procuring a license under this Act, or in connection with
applying for renewal of a license under this Act.
2. Inability to practice with reasonable judgment,
skill, or safety as a result of habitual or excessive use
or addiction to alcohol, narcotics, stimulants, or any
other chemical agent or drug.
3. Willful or repeated violations of the rules of the
Department of Public Health or Department of Nuclear
Safety.
4. Acceptance of a fee for service as a witness,
without the knowledge of the court, in addition to the fee
allowed by the court.
5. Division of fees or agreeing to split or divide the
fees received for dental services with any person for
bringing or referring a patient, except in regard to
referral services as provided for under Section 45, or
assisting in the care or treatment of a patient, without
the knowledge of the patient or his or her legal
representative. Nothing in this item 5 affects any bona
fide independent contractor or employment arrangements
among health care professionals, health facilities, health

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care providers, or other entities, except as otherwise
prohibited by law. Any employment arrangements may include
provisions for compensation, health insurance, pension, or
other employment benefits for the provision of services
within the scope of the licensee's practice under this
Act. Nothing in this item 5 shall be construed to require
an employment arrangement to receive professional fees for
services rendered.
6. Employing, procuring, inducing, aiding or abetting
a person not licensed or registered as a dentist or dental
hygienist to engage in the practice of dentistry or dental
hygiene. The person practiced upon is not an accomplice,
employer, procurer, inducer, aider, or abetter within the
meaning of this Act.
7. Making any misrepresentations or false promises,
directly or indirectly, to influence, persuade or induce
dental patronage.
8. Professional connection or association with or
lending his or her name to another for the illegal
practice of dentistry by another, or professional
connection or association with any person, firm or
corporation holding himself, herself, themselves, or
itself out in any manner contrary to this Act.
9. Obtaining or seeking to obtain practice, money, or
any other things of value by false or fraudulent
representations, but not limited to, engaging in such

HB5040 - 24 - LRB103 37791 RTM 67920 b
fraudulent practice to defraud the medical assistance
program of the Department of Healthcare and Family
Services (formerly Department of Public Aid) under the
Illinois Public Aid Code.
10. Practicing under a false or, except as provided by
law, an assumed name.
11. Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
12. Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing for any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States that (i)
is a felony under the laws of this State or (ii) is a
misdemeanor, an essential element of which is dishonesty,
or that is directly related to the practice of dentistry.
13. Permitting a dental hygienist, dental assistant or
other person under his or her supervision to perform any
operation not authorized by this Act.
14. Permitting more than 4 dental hygienists to be
employed under his or her supervision at any one time.
15. A violation of any provision of this Act or any
rules promulgated under this Act.
16. Taking impressions for or using the services of

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any person, firm or corporation violating this Act.
17. Violating any provision of Section 45 relating to
advertising.
18. Discipline by another U.S. jurisdiction or foreign
nation, if at least one of the grounds for the discipline
is the same or substantially equivalent to those set forth
within this Act.
19. Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
20. Gross negligence in practice under this Act.
21. The use or prescription for use of narcotics or
controlled substances or designated products as listed in
the Illinois Controlled Substances Act, in any way other
than for therapeutic purposes.
22. Willfully making or filing false records or
reports in his or her practice as a dentist, including,
but not limited to, false records to support claims
against the dental assistance program of the Department of
Healthcare and Family Services (formerly Illinois
Department of Public Aid).
23. Professional incompetence as manifested by poor
standards of care.
24. Physical or mental illness, including, but not
limited to, deterioration through the aging process, or
loss of motor skills which results in a dentist's

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inability to practice dentistry with reasonable judgment,
skill or safety. In enforcing this paragraph, the
Department may compel a person licensed to practice under
this Act to submit to a mental or physical examination
pursuant to the terms and conditions of Section 23b.
25. Gross or repeated irregularities in billing for
services rendered to a patient. For purposes of this
paragraph 25, "irregularities in billing" shall include:
(a) Reporting excessive charges for the purpose of
obtaining a total payment in excess of that usually
received by the dentist for the services rendered.
(b) Reporting charges for services not rendered.
(c) Incorrectly reporting services rendered for
the purpose of obtaining payment not earned.
26. Continuing the active practice of dentistry while
knowingly having any infectious, communicable, or
contagious disease proscribed by rule or regulation of the
Department.
27. Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
pursuant to the Abused and Neglected Child Reporting Act,
and upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
28. Violating the Health Care Worker Self-Referral

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Act.
29. Abandonment of a patient.
30. Mental incompetency as declared by a court of
competent jurisdiction.
31. A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation.
32. Material misstatement in furnishing information to
the Department.
33. Failing, within 60 days, to provide information in
response to a written request by the Department in the
course of an investigation.
34. Immoral conduct in the commission of any act,
including, but not limited to, commission of an act of
sexual misconduct related to the licensee's practice.
35. Cheating on or attempting to subvert the licensing
examination administered under this Act.
36. A pattern of practice or other behavior that
demonstrates incapacity or incompetence to practice under
this Act.
37. Failure to establish and maintain records of
patient care and treatment as required under this Act.
38. Failure to provide copies of dental records as
required by law.
39. Failure of a licensed dentist who owns or is
employed at a dental office to give notice of an office

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closure to his or her patients at least 30 days prior to
the office closure pursuant to Section 50.1.
40. Failure to maintain a sanitary work environment.
All proceedings to suspend, revoke, place on probationary
status, or take any other disciplinary action as the
Department may deem proper, with regard to a license on any of
the foregoing grounds, must be commenced within 5 years after
receipt by the Department of a complaint alleging the
commission of or notice of the conviction order for any of the
acts described herein. Except for fraud in procuring a
license, no action shall be commenced more than 7 years after
the date of the incident or act alleged to have violated this
Section. The time during which the holder of the license was
outside the State of Illinois shall not be included within any
period of time limiting the commencement of disciplinary
action by the Department.
Notwithstanding anything in this Act to the contrary, a
finding of guilt by a judge or jury, a guilty plea, or plea of
no contest entered after the effective date of this amendatory
Act of the 103rd General Assembly of any of the offenses listed
in subsection (a) or (a-1) of Section 25 of the Health Care
Worker Background Check Act, except for Section 16-25 of the
Criminal Code of 2012, is a disqualifying offense, and the
individual's license shall be automatically revoked when the
Department is notified that the individual has been found
guilty or has pled guilty or no contest. The individual may

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appeal the revocation to the Department only upon the reversal
of the criminal conviction.
All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the fine
or in accordance with the terms set forth in the order imposing
the fine.
The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the
tax, penalty or interest shown in a filed return, or to pay any
final assessment of tax, penalty or interest, as required by
any tax Act administered by the Illinois Department of
Revenue, until such time as the requirements of any such tax
Act are satisfied.
Any dentist who has had his or her license suspended or
revoked for more than 5 years must comply with the
requirements for restoration set forth in Section 16 prior to
being eligible for reinstatement from the suspension or
revocation.
(Source: P.A. 103-425, eff. 1-1-24.)
(225 ILCS 25/23d new)
Sec. 23d. Criminal history. Any Department process under
statute or rule used to verify the criminal history of an
applicant for licensure under this Act shall be used for all
applicants for licensure, applicants for renewal of a license,
or persons whose conviction of a crime or other behavior

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warrants review of a license under this Act.
Section 25. The Massage Licensing Act is amended by
changing Sections 15 and 45 as follows:
(225 ILCS 57/15)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15. Licensure requirements.
(a) Persons engaged in massage for compensation must be
licensed by the Department. The Department shall issue a
license to an individual who meets all of the following
requirements:
(1) The applicant has applied in writing on the
prescribed forms and has paid the required fees.
(2) The applicant is at least 18 years of age and of
good moral character. In determining good moral character,
the Department may take into consideration conviction of
any crime under the laws of the United States or any state
or territory thereof that is a felony or a misdemeanor or
any crime that is directly related to the practice of the
profession. Such a conviction shall not operate
automatically as a complete bar to a license, except in
the case of any conviction for prostitution, rape, or
sexual misconduct, or where the applicant is a registered
sex offender.
(3) The applicant has successfully completed a massage

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therapy program approved by the Department that requires a
minimum of 500 hours, except applicants applying on or
after January 1, 2014 shall meet a minimum requirement of
600 hours, and has passed a competency examination
approved by the Department.
(b) Each applicant for licensure as a massage therapist
shall have his or her fingerprints submitted to the Illinois
State Police in an electronic format that complies with the
form and manner for requesting and furnishing criminal history
record information as prescribed by the Illinois State Police.
These fingerprints shall be checked prior to the Department
issuing or renewing a license against the Illinois State
Police and Federal Bureau of Investigation criminal history
record databases now and hereafter filed. The Illinois State
Police shall charge applicants a fee for conducting the
criminal history records check, which shall be deposited into
the State Police Services Fund and shall not exceed the actual
cost of the records check. The Illinois State Police shall
furnish, pursuant to positive identification, records of
Illinois convictions to the Department. The Department may
require applicants to pay a separate fingerprinting fee,
either to the Department or to a vendor. The Department, in its
discretion, may allow an applicant who does not have
reasonable access to a designated vendor to provide his or her
fingerprints in an alternative manner. The Department may
adopt any rules necessary to implement this Section.

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(Source: P.A. 102-20, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)
(225 ILCS 57/45)
(Section scheduled to be repealed on January 1, 2027)
Sec. 45. Grounds for discipline.
(a) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action, as the Department
considers appropriate, including the imposition of fines not
to exceed $10,000 for each violation, with regard to any
license or licensee for any one or more of the following:
(1) violations of this Act or of the rules adopted
under this Act;
(2) conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States: (i)
that is a felony; or (ii) that is a misdemeanor, an
essential element of which is dishonesty, or that is
directly related to the practice of the profession;
(3) professional incompetence;
(4) advertising in a false, deceptive, or misleading
manner, including failing to use the massage therapist's

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own license number in an advertisement;
(5) aiding, abetting, assisting, procuring, advising,
employing, or contracting with any unlicensed person to
practice massage contrary to any rules or provisions of
this Act;
(6) engaging in immoral conduct in the commission of
any act, such as sexual abuse, sexual misconduct, or
sexual exploitation, related to the licensee's practice;
(7) engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public;
(8) practicing or offering to practice beyond the
scope permitted by law or accepting and performing
professional responsibilities which the licensee knows or
has reason to know that he or she is not competent to
perform;
(9) knowingly delegating professional
responsibilities to a person unqualified by training,
experience, or licensure to perform;
(10) failing to provide information in response to a
written request made by the Department within 60 days;
(11) having a habitual or excessive use of or
addiction to alcohol, narcotics, stimulants, or any other
chemical agent or drug which results in the inability to
practice with reasonable judgment, skill, or safety;
(12) having a pattern of practice or other behavior

HB5040 - 34 - LRB103 37791 RTM 67920 b
that demonstrates incapacity or incompetence to practice
under this Act;
(13) discipline by another state, District of
Columbia, territory, or foreign nation, if at least one of
the grounds for the discipline is the same or
substantially equivalent to those set forth in this
Section;
(14) a finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation;
(15) willfully making or filing false records or
reports in his or her practice, including, but not limited
to, false records filed with State agencies or
departments;
(16) making a material misstatement in furnishing
information to the Department or otherwise making
misleading, deceptive, untrue, or fraudulent
representations in violation of this Act or otherwise in
the practice of the profession;
(17) fraud or misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal of a license under this Act;
(18) inability to practice the profession with
reasonable judgment, skill, or safety as a result of
physical illness, including, but not limited to,
deterioration through the aging process, loss of motor

HB5040 - 35 - LRB103 37791 RTM 67920 b
skill, or a mental illness or disability;
(19) charging for professional services not rendered,
including filing false statements for the collection of
fees for which services are not rendered;
(20) practicing under a false or, except as provided
by law, an assumed name; or
(21) cheating on or attempting to subvert the
licensing examination administered under this Act.
All fines shall be paid within 60 days of the effective
date of the order imposing the fine.
(a-5) Notwithstanding anything in this Act to the
contrary, a finding of guilt by a judge or jury, a guilty plea,
or plea of no contest entered after the effective date of this
amendatory Act of the 103rd General Assembly of any of the
offenses listed in subsection (a) or (a-1) of Section 25 of the
Health Care Worker Background Check Act, except for Section
16-25 of the Criminal Code of 2012, is a disqualifying
offense, and the individual's license shall be automatically
revoked when the Department is notified that the individual
has been found guilty or has pled guilty or no contest. The
individual may appeal the revocation to the Department only
upon the reversal of the criminal conviction.
(b) A person not licensed under this Act and engaged in the
business of offering massage therapy services through others,
shall not aid, abet, assist, procure, advise, employ, or
contract with any unlicensed person to practice massage

HB5040 - 36 - LRB103 37791 RTM 67920 b
therapy contrary to any rules or provisions of this Act. A
person violating this subsection (b) shall be treated as a
licensee for the purposes of disciplinary action under this
Section and shall be subject to cease and desist orders as
provided in Section 90 of this Act.
(c) The Department shall revoke any license issued under
this Act of any person who is convicted of prostitution, rape,
sexual misconduct, or any crime that subjects the licensee to
compliance with the requirements of the Sex Offender
Registration Act and any such conviction shall operate as a
permanent bar in the State of Illinois to practice as a massage
therapist.
(d) The Department may refuse to issue or may suspend the
license of any person who fails to file a tax return, to pay
the tax, penalty, or interest shown in a filed tax return, or
to pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Illinois
Department of Revenue, until such time as the requirements of
the tax Act are satisfied in accordance with subsection (g) of
Section 2105-15 of the Civil Administrative Code of Illinois.
(e) (Blank).
(f) In cases where the Department of Healthcare and Family
Services has previously determined that a licensee or a
potential licensee is more than 30 days delinquent in the
payment of child support and has subsequently certified the
delinquency to the Department, the Department may refuse to

HB5040 - 37 - LRB103 37791 RTM 67920 b
issue or renew or may revoke or suspend that person's license
or may take other disciplinary action against that person
based solely upon the certification of delinquency made by the
Department of Healthcare and Family Services in accordance
with item (5) of subsection (a) of Section 2105-15 of the Civil
Administrative Code of Illinois.
(g) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission, as
provided in the Mental Health and Developmental Disabilities
Code, operates as an automatic suspension. The suspension will
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and the issuance of a court order so finding and discharging
the patient.
(h) In enforcing this Act, the Department or Board, upon a
showing of a possible violation, may compel an individual
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, as required by and at the expense of the
Department. The Department or Board may order the examining
physician to present testimony concerning the mental or
physical examination of the licensee or applicant. No
information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physicians shall be specifically designated by the

HB5040 - 38 - LRB103 37791 RTM 67920 b
Board or Department. The individual to be examined may have,
at his or her own expense, another physician of his or her
choice present during all aspects of this examination. The
examination shall be performed by a physician licensed to
practice medicine in all its branches. Failure of an
individual to submit to a mental or physical examination, when
directed, shall result in an automatic suspension without
hearing.
A person holding a license under this Act or who has
applied for a license under this Act who, because of a physical
or mental illness or disability, including, but not limited
to, deterioration through the aging process or loss of motor
skill, is unable to practice the profession with reasonable
judgment, skill, or safety, may be required by the Department
to submit to care, counseling, or treatment by physicians
approved or designated by the Department as a condition, term,
or restriction for continued, reinstated, or renewed licensure
to practice. Submission to care, counseling, or treatment as
required by the Department shall not be considered discipline
of a license. If the licensee refuses to enter into a care,
counseling, or treatment agreement or fails to abide by the
terms of the agreement, the Department may file a complaint to
revoke, suspend, or otherwise discipline the license of the
individual. The Secretary may order the license suspended
immediately, pending a hearing by the Department. Fines shall
not be assessed in disciplinary actions involving physical or

HB5040 - 39 - LRB103 37791 RTM 67920 b
mental illness or impairment.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that
person's license must be convened by the Department within 15
days after the suspension and completed without appreciable
delay. The Department and Board shall have the authority to
review the subject individual's record of treatment and
counseling regarding the impairment to the extent permitted by
applicable federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate
to the Department or Board that he or she can resume practice
in compliance with acceptable and prevailing standards under
the provisions of his or her license.
(Source: P.A. 102-20, eff. 1-1-22.)
Section 30. The Medical Practice Act of 1987 is amended by
changing Sections 9.7 and 22 as follows:
(225 ILCS 60/9.7)
(Section scheduled to be repealed on January 1, 2027)
Sec. 9.7. Criminal history records background check. Each
applicant for licensure or permit under Sections 9, 18, and 19
shall have his or her fingerprints submitted to the Illinois
State Police in an electronic format that complies with the

HB5040 - 40 - LRB103 37791 RTM 67920 b
form and manner for requesting and furnishing criminal history
record information as prescribed by the Illinois State Police.
These fingerprints shall be checked prior to the Department
issuing or renewing a license against the Illinois State
Police and Federal Bureau of Investigation criminal history
record databases now and hereafter filed. The Illinois State
Police shall charge applicants a fee for conducting the
criminal history records check, which shall be deposited into
the State Police Services Fund and shall not exceed the actual
cost of the records check. The Illinois State Police shall
furnish, pursuant to positive identification, records of
Illinois convictions to the Department. The Department may
require applicants to pay a separate fingerprinting fee,
either to the Department or to a Department designated or
approved vendor. The Department, in its discretion, may allow
an applicant who does not have reasonable access to a
designated vendor to provide his or her fingerprints in an
alternative manner. The Department may adopt any rules
necessary to implement this Section.
(Source: P.A. 102-538, eff. 8-20-21.)
(225 ILCS 60/22) (from Ch. 111, par. 4400-22)
(Section scheduled to be repealed on January 1, 2027)
Sec. 22. Disciplinary action.
(A) The Department may revoke, suspend, place on
probation, reprimand, refuse to issue or renew, or take any

HB5040 - 41 - LRB103 37791 RTM 67920 b
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.
(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

HB5040 - 42 - LRB103 37791 RTM 67920 b
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
other state or jurisdiction being prima facie evidence
thereof. This includes any adverse action taken by a State
or federal agency that prohibits a medical doctor, doctor
of osteopathy, doctor of osteopathic medicine, or doctor
of chiropractic from providing services to the agency's
participants.
(13) Violation of any provision of this Act or of the
Medical Practice Act prior to the repeal of that Act, or
violation of the rules, or a final administrative action
of the Secretary, after consideration of the
recommendation of the Medical Board.
(14) Violation of the prohibition against fee

HB5040 - 43 - LRB103 37791 RTM 67920 b
splitting in Section 22.2 of this Act.
(15) A finding by the Medical Board that the
registrant after having his or her license placed on
probationary status or subjected to conditions or
restrictions violated the terms of the probation or failed
to comply with such terms or conditions.
(16) Abandonment of a patient.
(17) Prescribing, selling, administering,
distributing, giving, or self-administering any drug
classified as a controlled substance (designated product)
or narcotic for other than medically accepted therapeutic
purposes.
(18) Promotion of the sale of drugs, devices,
appliances, or goods provided for a patient in such manner
as to exploit the patient for financial gain of the
physician.
(19) Offering, undertaking, or agreeing to cure or
treat disease by a secret method, procedure, treatment, or
medicine, or the treating, operating, or prescribing for
any human condition by a method, means, or procedure which
the licensee refuses to divulge upon demand of the
Department.
(20) Immoral conduct in the commission of any act
including, but not limited to, commission of an act of
sexual misconduct related to the licensee's practice.
(21) Willfully making or filing false records or

HB5040 - 44 - LRB103 37791 RTM 67920 b
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
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

HB5040 - 45 - LRB103 37791 RTM 67920 b
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 attempting to subvert the
licensing examinations administered under this Act.
(30) Willfully or negligently violating the
confidentiality between physician and patient except as
required by law.
(31) The use of any false, fraudulent, or deceptive
statement in any document connected with practice under
this Act.
(32) Aiding and abetting an individual not licensed
under this Act in the practice of a profession licensed
under this Act.
(33) Violating State or federal laws or regulations
relating to controlled substances, legend drugs, or

HB5040 - 46 - LRB103 37791 RTM 67920 b
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 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.

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(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) (Blank).
(41) Failure to establish and maintain records of
patient care and treatment as required by this law.
(42) Entering into an excessive number of written
collaborative agreements with licensed advanced practice
registered nurses resulting in an inability to adequately
collaborate.
(43) Repeated failure to adequately collaborate with a
licensed advanced practice registered nurse.
(44) Violating the Compassionate Use of Medical
Cannabis Program Act.
(45) Entering into an excessive number of written
collaborative agreements with licensed prescribing
psychologists resulting in an inability to adequately
collaborate.
(46) Repeated failure to adequately collaborate with a
licensed prescribing psychologist.

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(47) Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act.
(48) Being named as an abuser in a verified report by
the Department on Aging under the Adult Protective
Services Act, and upon proof by clear and convincing
evidence that the licensee abused, neglected, or
financially exploited an eligible adult as defined in the
Adult Protective Services Act.
(49) Entering into an excessive number of written
collaborative agreements with licensed physician
assistants resulting in an inability to adequately
collaborate.
(50) Repeated failure to adequately collaborate with a
physician assistant.
Except for actions involving the ground numbered (26), all
proceedings to suspend, revoke, place on probationary status,
or take any other disciplinary action as the Department may
deem proper, with regard to a license on any of the foregoing
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

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Section. For actions involving the ground numbered (26), a
pattern of practice or other behavior includes all incidents
alleged to be part of the pattern of practice or other behavior
that occurred, or a report pursuant to Section 23 of this Act
received, within the 10-year period preceding the filing of
the complaint. In the event of the settlement of any claim or
cause of action in favor of the claimant or the reduction to
final judgment of any civil action in favor of the plaintiff,
such claim, cause of action, or civil action being grounded on
the allegation that a person licensed under this Act was
negligent in providing care, the Department shall have an
additional period of 2 years from the date of notification to
the Department under Section 23 of this Act of such settlement
or final judgment in which to investigate and commence formal
disciplinary proceedings under Section 36 of this Act, except
as otherwise provided by law. The time during which the holder
of the license was outside the State of Illinois shall not be
included within any period of time limiting the commencement
of disciplinary action by the Department.
The entry of an order or judgment by any circuit court
establishing that any person holding a license under this Act
is a person in need of mental treatment operates as a
suspension of that license. That person may resume his or her
practice only upon the entry of a Departmental order based
upon a finding by the Medical Board that the person has been
determined to be recovered from mental illness by the court

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and upon the Medical Board's recommendation that the person be
permitted to resume his or her 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
Board, shall adopt rules which set forth standards to be used
in determining:
(a) when a person will be deemed sufficiently
rehabilitated to warrant the public trust;
(b) what constitutes dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public;
(c) what constitutes immoral conduct in the commission
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

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disciplinary action under this Act.
In enforcing this Section, the Medical Board, upon a
showing of a possible violation, may compel any individual who
is licensed to practice under this Act or holds a permit to
practice under this Act, or any individual who has applied for
licensure or a permit pursuant to this Act, to submit to a
mental or physical examination and evaluation, or both, which
may include a substance abuse or sexual offender evaluation,
as required by the Medical Board and at the expense of the
Department. The Medical Board shall specifically designate the
examining physician licensed to practice medicine in all of
its branches or, if applicable, the multidisciplinary team
involved in providing the mental or physical examination and
evaluation, or both. The multidisciplinary team shall be led
by a physician licensed to practice medicine in all of its
branches and may consist of one or more or a combination of
physicians licensed to practice medicine in all of its
branches, licensed chiropractic physicians, licensed clinical
psychologists, licensed clinical social workers, licensed
clinical professional counselors, and other professional and
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,

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urinalysis, psychological testing, or neuropsychological
testing. The Medical Board or the Department may order the
examining physician or any member of the multidisciplinary
team to provide to the Department or the Medical Board any and
all records, including business records, that relate to the
examination and evaluation, including any supplemental testing
performed. The Medical Board or the Department may order the
examining physician or any member of the multidisciplinary
team to present testimony concerning this examination and
evaluation of the licensee, permit holder, or applicant,
including testimony concerning any supplemental testing or
documents relating to the examination and evaluation. No
information, report, record, or other documents in any way
related to the examination and evaluation shall be excluded by
reason of any common law or statutory privilege relating to
communication between the licensee, permit holder, or
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

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submit to mental or physical examination and evaluation, or
both, when directed, shall result in an automatic suspension,
without hearing, until such time as the individual submits to
the examination. If the Medical Board finds a physician unable
to practice following an examination and evaluation because of
the reasons set forth in this Section, the Medical Board shall
require such physician to submit to care, counseling, or
treatment by physicians, or other health care professionals,
approved or designated by the Medical Board, as a condition
for issued, continued, reinstated, or renewed licensure to
practice. Any physician, whose license was granted pursuant to
Section 9, 17, or 19 of this Act, or, continued, reinstated,
renewed, disciplined, or supervised, subject to such terms,
conditions, or restrictions who shall fail to comply with such
terms, conditions, or restrictions, or to complete a required
program of care, counseling, or treatment, as determined by
the Chief Medical Coordinator or Deputy Medical Coordinators,
shall be referred to the Secretary for a determination as to
whether the licensee shall have his or her license suspended
immediately, pending a hearing by the Medical Board. In
instances in which the Secretary immediately suspends a
license under this Section, a hearing upon such person's
license must be convened by the Medical Board within 15 days
after such suspension and completed without appreciable delay.
The Medical Board shall have the authority to review the
subject physician's record of treatment and counseling

HB5040 - 54 - LRB103 37791 RTM 67920 b
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 Board that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
The Medical Board, in determining mental capacity of an
individual licensed under this Act, shall consider the latest
recommendations of the Federation of State Medical Boards.
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

HB5040 - 55 - LRB103 37791 RTM 67920 b
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
probation, reprimand, refuse to issue or renew, or take any
other disciplinary or non-disciplinary action against the
license or permit issued under this Act to practice medicine
to a physician:
(1) based solely upon the recommendation of the
physician to an eligible patient regarding, or
prescription for, or treatment with, an investigational
drug, biological product, or device;
(2) for experimental treatment for Lyme disease or
other tick-borne diseases, including, but not limited to,
the prescription of or treatment with long-term
antibiotics;
(3) based solely upon the physician providing,
authorizing, recommending, aiding, assisting, referring
for, or otherwise participating in any health care
service, so long as the care was not unlawful under the
laws of this State, regardless of whether the patient was

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a resident of this State or another state; or
(4) based upon the physician's license being revoked
or suspended, or the physician being otherwise disciplined
by any other state, if that revocation, suspension, or
other form of discipline was based solely on the physician
violating another state's laws prohibiting the provision
of, authorization of, recommendation of, aiding or
assisting in, referring for, or participation in any
health care service if that health care service as
provided would not have been unlawful under the laws of
this State and is consistent with the standards of conduct
for the physician if it occurred in Illinois.
(D) (Blank).
(E) The conduct specified in subsection (C) shall not
trigger reporting requirements under Section 23, constitute
grounds for suspension under Section 25, or be included on the
physician's profile required under Section 10 of the Patients'
Right to Know Act.
(F) An applicant seeking licensure, certification, or
authorization pursuant to this Act and who has been subject to
disciplinary action by a duly authorized professional
disciplinary agency of another jurisdiction solely on the
basis of having provided, authorized, recommended, aided,
assisted, referred for, or otherwise participated in health
care shall not be denied such licensure, certification, or
authorization, unless the Department determines that the

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action would have constituted professional misconduct in this
State; however, nothing in this Section shall be construed as
prohibiting the Department from evaluating the conduct of the
applicant and making a determination regarding the licensure,
certification, or authorization to practice a profession under
this Act.
(G) The Department may adopt rules to implement the
changes made by this amendatory Act of the 102nd General
Assembly.
(H) Notwithstanding anything in this Act to the contrary,
a finding of guilt by a judge or jury, a guilty plea, or plea
of no contest entered after the effective date of this
amendatory Act of the 103rd General Assembly of any of the
offenses listed in subsection (a) or (a-1) of Section 25 of the
Health Care Worker Background Check Act, except for Section
16-25 of the Criminal Code of 2012, is a disqualifying
offense, and the individual's license shall be automatically
revoked when the Department is notified that the individual
has been found guilty or has pled guilty or no contest. The
individual may appeal the revocation to the Department only
upon the reversal of the criminal conviction.
(Source: P.A. 102-20, eff. 1-1-22; 102-558, eff. 8-20-21;
102-813, eff. 5-13-22; 102-1117, eff. 1-13-23; 103-442, eff.
1-1-24.)
Section 35. The Nurse Practice Act is amended by changing

HB5040 - 58 - LRB103 37791 RTM 67920 b
Sections 50-35 and 70-5 as follows:
(225 ILCS 65/50-35) (was 225 ILCS 65/5-23)
(Section scheduled to be repealed on January 1, 2028)
Sec. 50-35. Criminal history records background check.
Each applicant for licensure by examination or restoration
shall have his or her fingerprints submitted to the Illinois
State Police in an electronic format that complies with the
form and manner for requesting and furnishing criminal history
record information as prescribed by the Illinois State Police.
These fingerprints shall be checked prior to the Department
issuing or renewing a license against the Illinois State
Police and Federal Bureau of Investigation criminal history
record databases now and hereafter filed. The Illinois State
Police shall charge applicants a fee for conducting the
criminal history records check, which shall be deposited into
the State Police Services Fund and shall not exceed the actual
cost of the records check. The Illinois State Police shall
furnish, pursuant to positive identification, records of
Illinois convictions to the Department. The Department may
require applicants to pay a separate fingerprinting fee,
either to the Department or to a vendor. The Department, in its
discretion, may allow an applicant who does not have
reasonable access to a designated vendor to provide his or her
fingerprints in an alternative manner. The Department may
adopt any rules necessary to implement this Section.

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(Source: P.A. 102-538, eff. 8-20-21.)
(225 ILCS 65/70-5) (was 225 ILCS 65/10-45)
(Section scheduled to be repealed on January 1, 2028)
Sec. 70-5. Grounds for disciplinary action.
(a) The Department may refuse to issue or to renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action as the Department may
deem appropriate, including fines not to exceed $10,000 per
violation, with regard to a license for any one or combination
of the causes set forth in subsection (b) below. All fines
collected under this Section shall be deposited in the Nursing
Dedicated and Professional Fund.
(b) Grounds for disciplinary action include the following:
(1) Material deception in furnishing information to
the Department.
(2) Material violations of any provision of this Act
or violation of the rules of or final administrative
action of the Secretary, after consideration of the
recommendation of the Board.
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States: (i)

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that is a felony; or (ii) that is a misdemeanor, an
essential element of which is dishonesty, or that is
directly related to the practice of the profession.
(4) A pattern of practice or other behavior which
demonstrates incapacity or incompetency to practice under
this Act.
(5) Knowingly aiding or assisting another person in
violating any provision of this Act or rules.
(6) Failing, within 90 days, to provide a response to
a request for information in response to a written request
made by the Department by certified or registered mail or
by email to the email address of record.
(7) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public, as defined by rule.
(8) Unlawful taking, theft, selling, distributing, or
manufacturing of any drug, narcotic, or prescription
device.
(9) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that could result in a licensee's inability to practice
with reasonable judgment, skill, or safety.
(10) Discipline by another U.S. jurisdiction or
foreign nation, if at least one of the grounds for the
discipline is the same or substantially equivalent to
those set forth in this Section.

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(11) A finding that the licensee, after having her or
his license placed on probationary status or subject to
conditions or restrictions, has violated the terms of
probation or failed to comply with such terms or
conditions.
(12) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
and under the Abused and Neglected Child Reporting Act,
and upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(13) Willful omission to file or record, or willfully
impeding the filing or recording or inducing another
person to omit to file or record medical reports as
required by law.
(13.5) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(14) Gross negligence in the practice of practical,
professional, or advanced practice registered nursing.
(15) Holding oneself out to be practicing nursing
under any name other than one's own.
(16) Failure of a licensee to report to the Department
any adverse final action taken against him or her by
another licensing jurisdiction of the United States or any

HB5040 - 62 - LRB103 37791 RTM 67920 b
foreign state or country, any peer review body, any health
care institution, any professional or nursing society or
association, any governmental agency, any law enforcement
agency, or any court or a nursing liability claim related
to acts or conduct similar to acts or conduct that would
constitute grounds for action as defined in this Section.
(17) Failure of a licensee to report to the Department
surrender by the licensee of a license or authorization to
practice nursing or advanced practice registered nursing
in another state or jurisdiction or current surrender by
the licensee of membership on any nursing staff or in any
nursing or advanced practice registered nursing or
professional association or society while under
disciplinary investigation by any of those authorities or
bodies for acts or conduct similar to acts or conduct that
would constitute grounds for action as defined by this
Section.
(18) Failing, within 60 days, to provide information
in response to a written request made by the Department.
(19) Failure to establish and maintain records of
patient care and treatment as required by law.
(20) Fraud, deceit, or misrepresentation in applying
for or procuring a license under this Act or in connection
with applying for renewal of a license under this Act.
(21) Allowing another person or organization to use
the licensee's license to deceive the public.

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(22) Willfully making or filing false records or
reports in the licensee's practice, including, but not
limited to, false records to support claims against the
medical assistance program of the Department of Healthcare
and Family Services (formerly Department of Public Aid)
under the Illinois Public Aid Code.
(23) Attempting to subvert or cheat on a licensing
examination administered under this Act.
(24) Immoral conduct in the commission of an act,
including, but not limited to, sexual abuse, sexual
misconduct, or sexual exploitation, related to the
licensee's practice.
(25) Willfully or negligently violating the
confidentiality between nurse and patient except as
required by law.
(26) Practicing under a false or assumed name, except
as provided by law.
(27) The use of any false, fraudulent, or deceptive
statement in any document connected with the licensee's
practice.
(28) Directly or indirectly giving to or receiving
from a person, firm, corporation, partnership, or
association a fee, commission, rebate, or other form of
compensation for professional services not actually or
personally rendered. Nothing in this paragraph (28)
affects any bona fide independent contractor or employment

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arrangements among health care professionals, health
facilities, health care providers, or other entities,
except as otherwise prohibited by law. Any employment
arrangements may include provisions for compensation,
health insurance, pension, or other employment benefits
for the provision of services within the scope of the
licensee's practice under this Act. Nothing in this
paragraph (28) shall be construed to require an employment
arrangement to receive professional fees for services
rendered.
(29) A violation of the Health Care Worker
Self-Referral Act.
(30) Physical illness, mental illness, or disability
that results in the inability to practice the profession
with reasonable judgment, skill, or safety.
(31) Exceeding the terms of a collaborative agreement
or the prescriptive authority delegated to a licensee by
his or her collaborating physician or podiatric physician
in guidelines established under a written collaborative
agreement.
(32) Making a false or misleading statement regarding
a licensee's skill or the efficacy or value of the
medicine, treatment, or remedy prescribed by him or her in
the course of treatment.
(33) Prescribing, selling, administering,
distributing, giving, or self-administering a drug

HB5040 - 65 - LRB103 37791 RTM 67920 b
classified as a controlled substance (designated product)
or narcotic for other than medically accepted therapeutic
purposes.
(34) Promotion of the sale of drugs, devices,
appliances, or goods provided for a patient in a manner to
exploit the patient for financial gain.
(35) Violating State or federal laws, rules, or
regulations relating to controlled substances.
(36) Willfully or negligently violating the
confidentiality between an advanced practice registered
nurse, collaborating physician, dentist, or podiatric
physician and a patient, except as required by law.
(37) Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act.
(38) Being named as an abuser in a verified report by
the Department on Aging and under the Adult Protective
Services Act, and upon proof by clear and convincing
evidence that the licensee abused, neglected, or
financially exploited an eligible adult as defined in the
Adult Protective Services Act.
(39) A violation of any provision of this Act or any
rules adopted under this Act.
(40) Violating the Compassionate Use of Medical
Cannabis Program Act.

HB5040 - 66 - LRB103 37791 RTM 67920 b
(b-5) The Department shall not revoke, suspend, summarily
suspend, place on probation, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a registered nurse or an advanced practice
registered nurse based solely upon the registered nurse or
advanced practice registered nurse providing, authorizing,
recommending, aiding, assisting, referring for, or otherwise
participating in any health care service, so long as the care
was not unlawful under the laws of this State, regardless of
whether the patient was a resident of this State or another
state.
(b-10) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a registered nurse or an advanced practice
registered nurse based upon the registered nurse's or advanced
practice registered nurse's license being revoked or
suspended, or the registered nurse or advanced practice
registered nurse being otherwise disciplined by any other
state, if that revocation, suspension, or other form of
discipline was based solely on the registered nurse or
advanced practice registered nurse violating another state's
laws prohibiting the provision of, authorization of,
recommendation of, aiding or assisting in, referring for, or

HB5040 - 67 - LRB103 37791 RTM 67920 b
participation in any health care service if that health care
service as provided would not have been unlawful under the
laws of this State and is consistent with the standards of
conduct for the registered nurse or advanced practice
registered nurse practicing in Illinois.
(b-15) The conduct specified in subsections (b-5) and
(b-10) shall not trigger reporting requirements under Section
65-65 or constitute grounds for suspension under Section
70-60.
(b-20) An applicant seeking licensure, certification, or
authorization under this Act who has been subject to
disciplinary action by a duly authorized professional
disciplinary agency of another jurisdiction solely on the
basis of having provided, authorized, recommended, aided,
assisted, referred for, or otherwise participated in health
care shall not be denied such licensure, certification, or
authorization, unless the Department determines that such
action would have constituted professional misconduct in this
State; however, nothing in this Section shall be construed as
prohibiting the Department from evaluating the conduct of such
applicant and making a determination regarding the licensure,
certification, or authorization to practice a profession under
this Act.
(c) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities

HB5040 - 68 - LRB103 37791 RTM 67920 b
Code, as amended, operates as an automatic suspension. The
suspension will end only upon a finding by a court that the
patient is no longer subject to involuntary admission or
judicial admission and issues an order so finding and
discharging the patient; and upon the recommendation of the
Board to the Secretary that the licensee be allowed to resume
his or her practice.
(d) The Department may refuse to issue or may suspend or
otherwise discipline the license of any person who fails to
file a return, or to pay the tax, penalty or interest shown in
a filed return, or to pay any final assessment of the tax,
penalty, or interest as required by any tax Act administered
by the Department of Revenue, until such time as the
requirements of any such tax Act are satisfied.
(e) In enforcing this Act, the Department, upon a showing
of a possible violation, may compel an individual licensed to
practice under this Act or who has applied for licensure under
this Act, to submit to a mental or physical examination, or
both, as required by and at the expense of the Department. The
Department may order the examining physician to present
testimony concerning the mental or physical examination of the
licensee or applicant. No information shall be excluded by
reason of any common law or statutory privilege relating to
communications between the licensee or applicant and the
examining physician. The examining physicians shall be
specifically designated by the Department. The individual to

HB5040 - 69 - LRB103 37791 RTM 67920 b
be examined may have, at his or her own expense, another
physician of his or her choice present during all aspects of
this examination. Failure of an individual to submit to a
mental or physical examination, when directed, shall result in
an automatic suspension without hearing.
All substance-related violations shall mandate an
automatic substance abuse assessment. Failure to submit to an
assessment by a licensed physician who is certified as an
addictionist or an advanced practice registered nurse with
specialty certification in addictions may be grounds for an
automatic suspension, as defined by rule.
If the Department finds an individual unable to practice
or unfit for duty because of the reasons set forth in this
subsection (e), the Department may require that individual to
submit to a substance abuse evaluation or treatment by
individuals or programs approved or designated by the
Department, as a condition, term, or restriction for
continued, restored, or renewed licensure to practice; or, in
lieu of evaluation or treatment, the Department may file, or
the Board may recommend to the Department to file, a complaint
to immediately suspend, revoke, or otherwise discipline the
license of the individual. An individual whose license was
granted, continued, restored, renewed, disciplined, or
supervised subject to such terms, conditions, or restrictions,
and who fails to comply with such terms, conditions, or
restrictions, shall be referred to the Secretary for a

HB5040 - 70 - LRB103 37791 RTM 67920 b
determination as to whether the individual shall have his or
her license suspended immediately, pending a hearing by the
Department.
In instances in which the Secretary immediately suspends a
person's license under this subsection (e), a hearing on that
person's license must be convened by the Department within 15
days after the suspension and completed without appreciable
delay. The Department and Board shall have the authority to
review the subject individual's record of treatment and
counseling regarding the impairment to the extent permitted by
applicable federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this subsection (e) shall be afforded an opportunity to
demonstrate to the Department that he or she can resume
practice in compliance with nursing standards under the
provisions of his or her license.
(f) The Department may adopt rules to implement the
changes made by this amendatory Act of the 102nd General
Assembly.
(g) Notwithstanding anything in this Act to the contrary,
a finding of guilt by a judge or jury, a guilty plea, or plea
of no contest entered after the effective date of this
amendatory Act of the 103rd General Assembly of any of the
offenses listed in subsection (a) or (a-1) of Section 25 of the
Health Care Worker Background Check Act, except for Section

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16-25 of the Criminal Code of 2012, is a disqualifying
offense, and the individual's license shall be automatically
revoked when the Department is notified that the individual
has been found guilty or has pled guilty or no contest. The
individual may appeal the revocation to the Department only
upon the reversal of the criminal conviction.
(Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21;
102-1117, eff. 1-13-23.)
Section 40. The Illinois Optometric Practice Act of 1987
is amended by changing Section 24 and by adding Section 12.3 as
follows:
(225 ILCS 80/12.3 new)
Sec. 12.3. Criminal history. Any Department process under
statute or rule used to verify the criminal history of an
applicant for licensure under this Act shall be used for all
applicants for licensure, applicants for renewal of a license,
or persons whose conviction of a crime or other behavior
warrants review of a license under this Act.
(225 ILCS 80/24) (from Ch. 111, par. 3924)
(Section scheduled to be repealed on January 1, 2027)
Sec. 24. Grounds for disciplinary action.
(a) The Department may refuse to issue or to renew, or may
revoke, suspend, place on probation, reprimand or take other

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disciplinary or non-disciplinary action as the Department may
deem appropriate, including fines not to exceed $10,000 for
each violation, with regard to any license for any one or
combination of the causes set forth in subsection (a-3) of
this Section. All fines collected under this Section shall be
deposited in the Optometric Licensing and Disciplinary Board
Fund. Any fine imposed shall be payable within 60 days after
the effective date of the order imposing the fine.
(a-3) Grounds for disciplinary action include the
following:
(1) Violations of this Act, or of the rules
promulgated hereunder.
(2) Conviction of or entry of a plea of guilty to any
crime under the laws of any U.S. jurisdiction thereof that
is a felony or that is a misdemeanor of which an essential
element is dishonesty, or any crime that is directly
related to the practice of the profession.
(3) Making any misrepresentation for the purpose of
obtaining a license.
(4) Professional incompetence or gross negligence in
the practice of optometry.
(5) Gross malpractice, prima facie evidence of which
may be a conviction or judgment of malpractice in any
court of competent jurisdiction.
(6) Aiding or assisting another person in violating
any provision of this Act or rules.

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(7) Failing, within 60 days, to provide information in
response to a written request made by the Department that
has been sent by certified or registered mail to the
licensee's last known address.
(8) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(9) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants or any other chemical agent or drug
that results in the inability to practice with reasonable
judgment, skill, or safety.
(10) Discipline by another U.S. jurisdiction or
foreign nation, if at least one of the grounds for the
discipline is the same or substantially equivalent to
those set forth herein.
(11) Violation of the prohibition against fee
splitting in Section 24.2 of this Act.
(12) A finding by the Department that the licensee,
after having his or her license placed on probationary
status has violated the terms of probation.
(13) Abandonment of a patient.
(14) Willfully making or filing false records or
reports in his or her practice, including but not limited
to false records filed with State agencies or departments.
(15) Willfully failing to report an instance of
suspected abuse or neglect as required by law.

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(16) Physical illness, including but not limited to,
deterioration through the aging process, or loss of motor
skill, mental illness, or disability that results in the
inability to practice the profession with reasonable
judgment, skill, or safety.
(17) Solicitation of professional services other than
permitted advertising.
(18) Failure to provide a patient with a copy of his or
her record or prescription in accordance with federal law.
(19) Conviction by any court of competent
jurisdiction, either within or without this State, of any
violation of any law governing the practice of optometry,
conviction in this or another State of any crime that is a
felony under the laws of this State or conviction of a
felony in a federal court, if the Department determines,
after investigation, that such person has not been
sufficiently rehabilitated to warrant the public trust.
(20) A finding that licensure has been applied for or
obtained by fraudulent means.
(21) Continued practice by a person knowingly having
an infectious or contagious disease.
(22) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or a

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neglected child as defined in the Abused and Neglected
Child Reporting Act.
(23) Practicing or attempting to practice under a name
other than the full name as shown on his or her license.
(24) Immoral conduct in the commission of any act,
such as sexual abuse, sexual misconduct or sexual
exploitation, related to the licensee's practice.
(25) Maintaining a professional relationship with any
person, firm, or corporation when the optometrist knows,
or should know, that such person, firm, or corporation is
violating this Act.
(26) Promotion of the sale of drugs, devices,
appliances or goods provided for a client or patient in
such manner as to exploit the patient or client for
financial gain of the licensee.
(27) Using the title "Doctor" or its abbreviation
without further qualifying that title or abbreviation with
the word "optometry" or "optometrist".
(28) Use by a licensed optometrist of the word
"infirmary", "hospital", "school", "university", in
English or any other language, in connection with the
place where optometry may be practiced or demonstrated
unless the licensee is employed by and practicing at a
location that is licensed as a hospital or accredited as a
school or university.
(29) Continuance of an optometrist in the employ of

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any person, firm or corporation, or as an assistant to any
optometrist or optometrists, directly or indirectly, after
his or her employer or superior has been found guilty of
violating or has been enjoined from violating the laws of
the State of Illinois relating to the practice of
optometry, when the employer or superior persists in that
violation.
(30) The performance of optometric service in
conjunction with a scheme or plan with another person,
firm or corporation known to be advertising in a manner
contrary to this Act or otherwise violating the laws of
the State of Illinois concerning the practice of
optometry.
(31) Failure to provide satisfactory proof of having
participated in approved continuing education programs as
determined by the Board and approved by the Secretary.
Exceptions for extreme hardships are to be defined by the
rules of the Department.
(32) Willfully making or filing false records or
reports in the practice of optometry, including, but not
limited to false records to support claims against the
medical assistance program of the Department of Healthcare
and Family Services (formerly Department of Public Aid)
under the Illinois Public Aid Code.
(33) Gross and willful overcharging for professional
services including filing false statements for collection

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of fees for which services are not rendered, including,
but not limited to filing false statements for collection
of monies for services not rendered from the medical
assistance program of the Department of Healthcare and
Family Services (formerly Department of Public Aid) under
the Illinois Public Aid Code.
(34) In the absence of good reasons to the contrary,
failure to perform a minimum eye examination as required
by the rules of the Department.
(35) Violation of the Health Care Worker Self-Referral
Act.
The Department shall refuse to issue or shall suspend the
license of any person who fails to file a return, or to pay the
tax, penalty or interest shown in a filed return, or to pay any
final assessment of the tax, penalty or interest, as required
by any tax Act administered by the Illinois Department of
Revenue, until such time as the requirements of any such tax
Act are satisfied.
(a-5) In enforcing this Section, the Board or Department,
upon a showing of a possible violation, may compel any
individual licensed to practice under this Act, or who has
applied for licensure or certification pursuant to this Act,
to submit to a mental or physical examination, or both, as
required by and at the expense of the Department. The
examining physicians or clinical psychologists shall be those
specifically designated by the Department. The Board or the

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

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recommend to the Department to file a complaint to suspend,
revoke, or otherwise discipline the license of the individual.
Any individual whose license was granted pursuant to this Act,
or continued, reinstated, renewed, disciplined, or supervised,
subject to such conditions, terms, or restrictions, who shall
fail to comply with such conditions, terms, or restrictions,
shall be referred to the Secretary for a determination as to
whether the individual shall have his or her license suspended
immediately, pending a hearing by the Board.
(a-10) Notwithstanding anything in this Act to the
contrary, a finding of guilt by a judge or jury, a guilty plea,
or plea of no contest entered after the effective date of this
amendatory Act of the 103rd General Assembly of any of the
offenses listed in subsection (a) or (a-1) of Section 25 of the
Health Care Worker Background Check Act, except for Section
16-25 of the Criminal Code of 2012, is a disqualifying
offense, and the individual's license shall be automatically
revoked when the Department is notified that the individual
has been found guilty or has pled guilty or no contest. The
individual may appeal the revocation to the Department only
upon the reversal of the criminal conviction.
(b) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. The suspension will
end only upon a finding by a court that the patient is no

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longer subject to involuntary admission or judicial admission
and issues an order so finding and discharging the patient;
and upon the recommendation of the Board to the Secretary that
the licensee be allowed to resume his or her practice.
(Source: P.A. 99-43, eff. 1-1-16; 99-909, eff. 1-1-17.)
Section 45. The Orthotics, Prosthetics, and Pedorthics
Practice Act is amended by changing Section 90 and by adding
Section 45.5 as follows:
(225 ILCS 84/45.5 new)
Sec. 45.5. Criminal history. Any Department process under
statute or rule used to verify the criminal history of an
applicant for licensure under this Act shall be used for all
applicants for licensure, applicants for renewal of a license,
or persons whose conviction of a crime or other behavior
warrants review of a license under this Act.
(225 ILCS 84/90)
(Section scheduled to be repealed on January 1, 2030)
Sec. 90. Grounds for discipline.
(a) The Department may refuse to issue or renew a license,
or may revoke or suspend a license, or may suspend, place on
probation, or reprimand a licensee or take other disciplinary
or non-disciplinary action as the Department may deem proper,
including, but not limited to, the imposition of fines not to

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exceed $10,000 for each violation for one or any combination
of the following:
(1) Making a material misstatement in furnishing
information to the Department or the Board.
(2) Violations of or negligent or intentional
disregard of this Act or its rules.
(3) Conviction of, or entry of a plea of guilty or nolo
contendere, finding of guilt, jury verdict, or entry of
judgment or sentencing, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation under
the laws of the United States or any state or that is (i) a
felony, or (ii) a misdemeanor, an essential element of
which is dishonesty, or any crime that is directly related
to the practice of the profession.
(4) Making a misrepresentation for the purpose of
obtaining a license under this Act or in connection with
applying for renewal or restoration of a license under
this Act.
(5) A pattern of practice or other behavior that
demonstrates incapacity or incompetence to practice under
this Act.
(6) Gross negligence under this Act.
(7) Aiding or assisting another person in violating a
provision of this Act or its rules.
(8) Failing to provide information within 60 days in

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response to a written request made by the Department.
(9) Engaging in dishonorable, unethical, or
unprofessional conduct or conduct of a character likely to
deceive, defraud, or harm the public.
(10) Inability to practice with reasonable judgment,
skill, or safety as a result of habitual or excessive use
or addiction to alcohol, narcotics, stimulants, or any
other chemical agent or drug.
(11) Discipline by another state or territory of the
United States, the federal government, or foreign nation,
if at least one of the grounds for the discipline is the
same or substantially equivalent to one set forth in this
Section.
(12) Directly or indirectly giving to or receiving
from a person, firm, corporation, partnership, or
association a fee, commission, rebate, or other form of
compensation for professional services not actually or
personally rendered. Nothing in this paragraph (12)
affects any bona fide independent contractor or employment
arrangements among health care professionals, health
facilities, health care providers, or other entities,
except as otherwise prohibited by law. Any employment
arrangements may include provisions for compensation,
health insurance, pension, or other employment benefits
for the provision of services within the scope of the
licensee's practice under this Act. Nothing in this

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paragraph (12) shall be construed to require an employment
arrangement to receive professional fees for services
rendered.
(13) A finding by the Board that the licensee or
registrant, after having his or her license placed on
probationary status, has violated the terms of probation
or failed to comply with such terms.
(14) Abandonment of a patient or client.
(15) Willfully making or filing false records or
reports related to the licensee's practice, including, but
not limited to, false records filed with federal or State
agencies or departments.
(16) Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible child or adult as required by
the Abused and Neglected Child Reporting Act and the Adult
Protective Services Act.
(17) Inability to practice the profession with
reasonable judgment, skill, or safety as a result of a
physical illness, including, but not limited to,
deterioration through the aging process or loss of motor
skill, or a mental illness or disability.
(18) Solicitation of professional services using false
or misleading advertising.
(a-5) Notwithstanding anything in this Act to the
contrary, a finding of guilt by a judge or jury, a guilty plea,

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or plea of no contest entered after the effective date of this
amendatory Act of the 103rd General Assembly of any of the
offenses listed in subsection (a) or (a-1) of Section 25 of the
Health Care Worker Background Check Act, except for Section
16-25 of the Criminal Code of 2012, is a disqualifying
offense, and the individual's license shall be automatically
revoked when the Department is notified that the individual
has been found guilty or has pled guilty or no contest. The
individual may appeal the revocation to the Department only
upon the reversal of the criminal conviction.
(b) In enforcing this Section, the Department or Board
upon a showing of a possible violation, may compel a licensee
or applicant to submit to a mental or physical examination, or
both, as required by and at the expense of the Department. The
Department or Board may order the examining physician to
present testimony concerning the mental or physical
examination of the licensee or applicant. No information shall
be excluded by reason of any common law or statutory privilege
relating to communications between the licensee or applicant
and the examining physician. The examining physicians shall be
specifically designated by the Board or Department. The
individual to be examined may have, at his or her own expense,
another physician of his or her choice present during all
aspects of this examination. Failure of an individual to
submit to a mental or physical examination, when directed,
shall be grounds for the immediate suspension of his or her

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

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that a licensee or a potential licensee is more than 30 days
delinquent in the payment of child support and has
subsequently certified the delinquency to the Department, the
Department may refuse to issue or renew or may revoke or
suspend that person's license or may take other disciplinary
action against that person based solely upon the certification
of delinquency made by the Department of Healthcare and Family
Services in accordance with subsection (a)(5) of Section
2105-15 of the Department of Professional Regulation Law of
the Civil Administrative Code of Illinois.
(e) The Department shall refuse to issue or renew a
license, or may revoke or suspend a license, for failure to
file a return, to pay the tax, penalty, or interest shown in a
filed return, or to pay any final assessment of tax, penalty,
or interest as required by any tax Act administered by the
Department of Revenue, until the requirements of the tax Act
are satisfied in accordance with subsection (g) of Section
2105-15 of the Department of Professional Regulation Law of
the Civil Administrative Code of Illinois.
(Source: P.A. 100-872, eff. 8-14-18; 101-269, eff. 8-9-19.)
Section 50. The Illinois Physical Therapy Act is amended
by changing Section 17 and by adding Section 9.5 as follows:
(225 ILCS 90/9.5 new)
Sec. 9.5. Criminal history records background check. Each

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applicant for licensure under this Act, or for renewal
thereof, shall have his or her fingerprints submitted to the
Illinois State Police in an electronic format that complies
with the form and manner for requesting and furnishing
criminal history record information as prescribed by the
Illinois State Police. These fingerprints shall be checked
against the Illinois State Police and Federal Bureau of
Investigation criminal history record databases now and
hereafter filed. The Illinois State Police shall charge
applicants a fee for conducting the criminal history records
check, which shall be deposited into the State Police Services
Fund and shall not exceed the actual cost of the records check.
The Illinois State Police shall furnish, pursuant to positive
identification, records of Illinois convictions to the
Department. The Department may require applicants to pay a
separate fingerprinting fee, either to the Department or to a
vendor. The Department, in its discretion, may allow an
applicant who does not have reasonable access to a designated
vendor to provide his or her fingerprints in an alternative
manner. The Department may adopt any rules necessary to
implement this Section.
(225 ILCS 90/17) (from Ch. 111, par. 4267)
(Section scheduled to be repealed on January 1, 2026)
Sec. 17. (1) The Department may refuse to issue or to
renew, or may revoke, suspend, place on probation, reprimand,

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or take other disciplinary action as the Department deems
appropriate, including the issuance of fines not to exceed
$5000, with regard to a license for any one or a combination of
the following:
A. Material misstatement in furnishing information to
the Department or otherwise making misleading, deceptive,
untrue, or fraudulent representations in violation of this
Act or otherwise in the practice of the profession;
B. Violations of this Act, or of the rules or
regulations promulgated hereunder;
C. Conviction of any crime under the laws of the
United States or any state or territory thereof which is a
felony or which is a misdemeanor, an essential element of
which is dishonesty, or of any crime which is directly
related to the practice of the profession; conviction, as
used in this paragraph, shall include a finding or verdict
of guilty, an admission of guilt or a plea of nolo
contendere;
D. Making any misrepresentation for the purpose of
obtaining licenses, or violating any provision of this Act
or the rules promulgated thereunder pertaining to
advertising;
E. A pattern of practice or other behavior which
demonstrates incapacity or incompetency to practice under
this Act;
F. Aiding or assisting another person in violating any

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provision of this Act or Rules;
G. Failing, within 60 days, to provide information in
response to a written request made by the Department;
H. Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public. Unprofessional conduct shall
include any departure from or the failure to conform to
the minimal standards of acceptable and prevailing
physical therapy practice, in which proceeding actual
injury to a patient need not be established;
I. Unlawful distribution of any drug or narcotic, or
unlawful conversion of any drug or narcotic not belonging
to the person for such person's own use or benefit or for
other than medically accepted therapeutic purposes;
J. Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
which results in a physical therapist's or physical
therapist assistant's inability to practice with
reasonable judgment, skill or safety;
K. Revocation or suspension of a license to practice
physical therapy as a physical therapist or physical
therapist assistant or the taking of other disciplinary
action by the proper licensing authority of another state,
territory or country;
L. Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership, or association

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any fee, commission, rebate or other form of compensation
for any professional services not actually or personally
rendered. Nothing contained in this paragraph prohibits
persons holding valid and current licenses under this Act
from practicing physical therapy in partnership under a
partnership agreement, including a limited liability
partnership, a limited liability company, or a corporation
under the Professional Service Corporation Act or from
pooling, sharing, dividing, or apportioning the fees and
monies received by them or by the partnership, company, or
corporation in accordance with the partnership agreement
or the policies of the company or professional
corporation. Nothing in this paragraph (L) affects any
bona fide independent contractor or employment
arrangements among health care professionals, health
facilities, health care providers, or other entities,
except as otherwise prohibited by law. Any employment
arrangements may include provisions for compensation,
health insurance, pension, or other employment benefits
for the provision of services within the scope of the
licensee's practice under this Act. Nothing in this
paragraph (L) shall be construed to require an employment
arrangement to receive professional fees for services
rendered;
M. A finding by the Board that the licensee after
having his or her license placed on probationary status

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has violated the terms of probation;
N. Abandonment of a patient;
O. Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act;
P. Willfully failing to report an instance of
suspected elder abuse or neglect as required by the Elder
Abuse Reporting Act;
Q. Physical illness, including but not limited to,
deterioration through the aging process, or loss of motor
skill which results in the inability to practice the
profession with reasonable judgement, skill or safety;
R. The use of any words (such as physical therapy,
physical therapist physiotherapy or physiotherapist),
abbreviations, figures or letters with the intention of
indicating practice as a licensed physical therapist
without a valid license as a physical therapist issued
under this Act;
S. The use of the term physical therapist assistant,
or abbreviations, figures, or letters with the intention
of indicating practice as a physical therapist assistant
without a valid license as a physical therapist assistant
issued under this Act;
T. Willfully violating or knowingly assisting in the
violation of any law of this State relating to the
practice of abortion;

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U. Continued practice by a person knowingly having an
infectious, communicable or contagious disease;
V. Having treated ailments of human beings otherwise
than by the practice of physical therapy as defined in
this Act, or having treated ailments of human beings as a
licensed physical therapist in violation of Section 1.2;
W. Being named as a perpetrator in an indicated report
by the Department of Children and Family Services pursuant
to the Abused and Neglected Child Reporting Act, and upon
proof by clear and convincing evidence that the licensee
has caused a child to be an abused child or neglected child
as defined in the Abused and Neglected Child Reporting
Act;
X. Interpretation of referrals, performance of
evaluation procedures, planning or making major
modifications of patient programs by a physical therapist
assistant;
Y. Failure by a physical therapist assistant and
supervising physical therapist to maintain continued
contact, including periodic personal supervision and
instruction, to insure safety and welfare of patients;
Z. Violation of the Health Care Worker Self-Referral
Act.
(1.5) Notwithstanding anything in this Act to the
contrary, a finding of guilt by a judge or jury, a guilty plea,
or plea of no contest entered after the effective date of this

HB5040 - 93 - LRB103 37791 RTM 67920 b
amendatory Act of the 103rd General Assembly of any of the
offenses listed in subsection (a) or (a-1) of Section 25 of the
Health Care Worker Background Check Act, except for Section
16-25 of the Criminal Code of 2012, is a disqualifying
offense, and the individual's license shall be automatically
revoked when the Department is notified that the individual
has been found guilty or has pled guilty or no contest. The
individual may appeal the revocation to the Department only
upon the reversal of the criminal conviction.
(2) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. Such suspension will
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and the issuance of an order so finding and discharging the
patient; and upon the recommendation of the Board to the
Director that the licensee be allowed to resume his practice.
(3) The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the
tax, penalty or interest shown in a filed return, or to pay any
final assessment of tax, penalty or interest, as required by
any tax Act administered by the Illinois Department of
Revenue, until such time as the requirements of any such tax
Act are satisfied.
(Source: P.A. 100-513, eff. 1-1-18; 100-897, eff. 8-16-18.)

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Section 55. The Physician Assistant Practice Act of 1987
is amended by changing Section 21 and by adding Section 9.9 as
follows:
(225 ILCS 95/9.9 new)
Sec. 9.9. Criminal history. Any Department process under
statute or rule used to verify the criminal history of an
applicant for licensure under this Act shall be used for all
applicants for licensure, applicants for renewal of a license,
or persons whose conviction of a crime or other behavior
warrants review of a license under this Act.
(225 ILCS 95/21) (from Ch. 111, par. 4621)
(Section scheduled to be repealed on January 1, 2028)
Sec. 21. Grounds for disciplinary action.
(a) The Department may refuse to issue or to renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action with regard to any
license issued under this Act as the Department may deem
proper, including the issuance of fines not to exceed $10,000
for each violation, for any one or combination of the
following causes:
(1) Material misstatement in furnishing information to
the Department.
(2) Violations of this Act, or the rules adopted under

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this Act.
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or
sentencing, including, but not limited to, convictions,
preceding sentences of supervision, conditional discharge,
or first offender probation, under the laws of any
jurisdiction of the United States that is: (i) a felony;
or (ii) a misdemeanor, an essential element of which is
dishonesty, or that is directly related to the practice of
the profession.
(4) Making any misrepresentation for the purpose of
obtaining licenses.
(5) Professional incompetence.
(6) Aiding or assisting another person in violating
any provision of this Act or its rules.
(7) Failing, within 60 days, to provide information in
response to a written request made by the Department.
(8) Engaging in dishonorable, unethical, or
unprofessional conduct, as defined by rule, of a character
likely to deceive, defraud, or harm the public.
(9) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that results in a physician assistant's inability to
practice with reasonable judgment, skill, or safety.
(10) Discipline by another U.S. jurisdiction or
foreign nation, if at least one of the grounds for

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discipline is the same or substantially equivalent to
those set forth in this Section.
(11) Directly or indirectly giving to or receiving
from any person, firm, corporation, partnership, or
association any fee, commission, rebate or other form of
compensation for any professional services not actually or
personally rendered. Nothing in this paragraph (11)
affects any bona fide independent contractor or employment
arrangements, which may include provisions for
compensation, health insurance, pension, or other
employment benefits, with persons or entities authorized
under this Act for the provision of services within the
scope of the licensee's practice under this Act.
(12) A finding by the Board that the licensee, after
having his or her license placed on probationary status,
has violated the terms of probation.
(13) Abandonment of a patient.
(14) Willfully making or filing false records or
reports in his or her practice, including but not limited
to false records filed with State agencies or departments.
(15) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(16) Physical illness, or mental illness or impairment
that results in the inability to practice the profession
with reasonable judgment, skill, or safety, including, but

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not limited to, deterioration through the aging process or
loss of motor skill.
(17) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(18) (Blank).
(19) Gross negligence resulting in permanent injury or
death of a patient.
(20) Employment of fraud, deception or any unlawful
means in applying for or securing a license as a physician
assistant.
(21) Exceeding the authority delegated to him or her
by his or her collaborating physician in a written
collaborative agreement.
(22) Immoral conduct in the commission of any act,
such as sexual abuse, sexual misconduct, or sexual
exploitation related to the licensee's practice.
(23) Violation of the Health Care Worker Self-Referral
Act.
(24) Practicing under a false or assumed name, except
as provided by law.
(25) Making a false or misleading statement regarding

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his or her skill or the efficacy or value of the medicine,
treatment, or remedy prescribed by him or her in the
course of treatment.
(26) Allowing another person to use his or her license
to practice.
(27) Prescribing, selling, administering,
distributing, giving, or self-administering a drug
classified as a controlled substance for other than
medically accepted therapeutic purposes.
(28) Promotion of the sale of drugs, devices,
appliances, or goods provided for a patient in a manner to
exploit the patient for financial gain.
(29) A pattern of practice or other behavior that
demonstrates incapacity or incompetence to practice under
this Act.
(30) Violating State or federal laws or regulations
relating to controlled substances or other legend drugs or
ephedra as defined in the Ephedra Prohibition Act.
(31) Exceeding the prescriptive authority delegated by
the collaborating physician or violating the written
collaborative agreement delegating that authority.
(32) Practicing without providing to the Department a
notice of collaboration or delegation of prescriptive
authority.
(33) Failure to establish and maintain records of
patient care and treatment as required by law.

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(34) Attempting to subvert or cheat on the examination
of the National Commission on Certification of Physician
Assistants or its successor agency.
(35) Willfully or negligently violating the
confidentiality between physician assistant and patient,
except as required by law.
(36) Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act.
(37) Being named as an abuser in a verified report by
the Department on Aging under the Adult Protective
Services Act and upon proof by clear and convincing
evidence that the licensee abused, neglected, or
financially exploited an eligible adult as defined in the
Adult Protective Services Act.
(38) Failure to report to the Department an adverse
final action taken against him or her by another licensing
jurisdiction of the United States or a foreign state or
country, a peer review body, a health care institution, a
professional society or association, a governmental
agency, a law enforcement agency, or a court acts or
conduct similar to acts or conduct that would constitute
grounds for action under this Section.
(39) Failure to provide copies of records of patient
care or treatment, except as required by law.

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(40) Entering into an excessive number of written
collaborative agreements with licensed physicians
resulting in an inability to adequately collaborate.
(41) Repeated failure to adequately collaborate with a
collaborating physician.
(42) Violating the Compassionate Use of Medical
Cannabis Program Act.
(a-5) Notwithstanding anything in this Act to the
contrary, a finding of guilt by a judge or jury, a guilty plea,
or plea of no contest entered after the effective date of this
amendatory Act of the 103rd General Assembly of any of the
offenses listed in subsection (a) or (a-1) of Section 25 of the
Health Care Worker Background Check Act, except for Section
16-25 of the Criminal Code of 2012, is a disqualifying
offense, and the individual's license shall be automatically
revoked when the Department is notified that the individual
has been found guilty or has pled guilty or no contest. The
individual may appeal the revocation to the Department only
upon the reversal of the criminal conviction.
(b) The Department may, without a hearing, refuse to issue
or renew or may suspend the license of any person who fails to
file a return, or to pay the tax, penalty or interest shown in
a filed return, or to pay any final assessment of the tax,
penalty, or interest as required by any tax Act administered
by the Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied.

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

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(b-15) The conduct specified in subsections (b-5) and
(b-10) shall not constitute grounds for suspension under
Section 22.13.
(b-20) An applicant seeking licensure, certification, or
authorization pursuant to this Act who has been subject to
disciplinary action by a duly authorized professional
disciplinary agency of another jurisdiction solely on the
basis of having provided, authorized, recommended, aided,
assisted, referred for, or otherwise participated in health
care shall not be denied such licensure, certification, or
authorization, unless the Department determines that such
action would have constituted professional misconduct in this
State; however, nothing in this Section shall be construed as
prohibiting the Department from evaluating the conduct of such
applicant and making a determination regarding the licensure,
certification, or authorization to practice a profession under
this Act.
(c) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. The suspension will
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and issues an order so finding and discharging the patient,
and upon the recommendation of the Board to the Secretary that
the licensee be allowed to resume his or her practice.

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

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

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

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

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after receipt of notice of the initiation of any action
involving services of the Board. Failure to so notify the
Attorney General constitutes an absolute waiver of the right
to a defense and indemnification.
The Attorney General shall determine, within 7 days after
receiving such notice, whether he or she will undertake to
represent the member.
(g) The Department may adopt rules to implement the
changes made by this amendatory Act of the 102nd General
Assembly.
(Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21;
102-1117, eff. 1-13-23.)
Section 60. The Podiatric Medical Practice Act of 1987 is
amended by changing Section 24 and by adding Section 13.5 as
follows:
(225 ILCS 100/13.5 new)
Sec. 13.5. Criminal history. Any Department process under
statute or rule used to verify the criminal history of an
applicant for licensure under this Act shall be used for all
applicants for licensure, applicants for renewal of a license,
or persons whose conviction of a crime or other behavior
warrants review of a license under this Act.
(225 ILCS 100/24) (from Ch. 111, par. 4824)

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(Section scheduled to be repealed on January 1, 2028)
Sec. 24. Grounds for disciplinary action. The Department
may refuse to issue, may refuse to renew, may refuse to
restore, may suspend, or may revoke any license, or may place
on probation, reprimand or take other disciplinary or
non-disciplinary action as the Department may deem proper,
including fines not to exceed $10,000 for each violation upon
anyone licensed under this Act for any of the following
reasons:
(1) Making a material misstatement in furnishing
information to the Department.
(2) Violations of this Act, or of the rules adopted
under this Act.
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or
sentencing, including, but not limited to, convictions,
preceding sentences of supervision, conditional discharge,
or first offender probation, under the laws of any
jurisdiction of the United States that is (i) a felony or
(ii) a misdemeanor, an essential element of which is
dishonesty, or that is directly related to the practice of
the profession.
(4) Making any misrepresentation for the purpose of
obtaining licenses, or violating any provision of this Act
or the rules promulgated thereunder pertaining to
advertising.

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(5) Professional incompetence.
(6) Gross or repeated malpractice or negligence.
(7) Aiding or assisting another person in violating
any provision of this Act or rules.
(8) Failing, within 30 days, to provide information in
response to a written request made by the Department.
(9) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public.
(10) Habitual or excessive use of alcohol, narcotics,
stimulants or other chemical agent or drug that results in
the inability to practice podiatric medicine with
reasonable judgment, skill or safety.
(11) Discipline by another United States jurisdiction
if at least one of the grounds for the discipline is the
same or substantially equivalent to those set forth in
this Section.
(12) Violation of the prohibition against fee
splitting in Section 24.2 of this Act.
(13) A finding by the Board that the licensee, after
having his or her license placed on probationary status,
has violated the terms of probation.
(14) Abandonment of a patient.
(15) Willfully making or filing false records or
reports in his or her practice, including but not limited
to false records filed with state agencies or departments.

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(16) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Report Act.
(17) Physical illness, mental illness, or other
impairment, including, but not limited to, deterioration
through the aging process, or loss of motor skill that
results in the inability to practice the profession with
reasonable judgment, skill or safety.
(18) Solicitation of professional services other than
permitted advertising.
(19) The determination by a circuit court that a
licensed podiatric physician is subject to involuntary
admission or judicial admission as provided in the Mental
Health and Developmental Disabilities Code operates as an
automatic suspension. Such suspension will end only upon a
finding by a court that the patient is no longer subject to
involuntary admission or judicial admission and issues an
order so finding and discharging the patient; and upon the
recommendation of the Board to the Secretary that the
licensee be allowed to resume his or her practice.
(20) Holding oneself out to treat human ailments under
any name other than his or her own, or the impersonation of
any other physician.
(21) Revocation or suspension or other action taken
with respect to a podiatric medical license in another
jurisdiction that would constitute disciplinary action

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under this Act.
(22) Promotion of the sale of drugs, devices,
appliances or goods provided for a patient in such manner
as to exploit the patient for financial gain of the
podiatric physician.
(23) Gross, willful, and continued overcharging for
professional services including filing false statements
for collection of fees for those services, including, but
not limited to, filing false statement for collection of
monies for services not rendered from the medical
assistance program of the Department of Healthcare and
Family Services (formerly Department of Public Aid) under
the Illinois Public Aid Code or other private or public
third party payor.
(24) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(25) Willfully making or filing false records or
reports in the practice of podiatric medicine, including,
but not limited to, false records to support claims
against the medical assistance program of the Department
of Healthcare and Family Services (formerly Department of

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Public Aid) under the Illinois Public Aid Code.
(26) (Blank).
(27) Immoral conduct in the commission of any act
including, sexual abuse, sexual misconduct, or sexual
exploitation, related to the licensee's practice.
(28) Violation of the Health Care Worker Self-Referral
Act.
(29) Failure to report to the Department any adverse
final action taken against him or her by another licensing
jurisdiction of the United States or any foreign state or
country, any peer review body, any health care
institution, any professional society or association, any
governmental agency, any law enforcement agency, or any
court for acts or conduct similar to acts or conduct that
would constitute grounds for action as defined in this
Section.
(30) Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act.
(31) Being named as a perpetrator in an indicated
report by the Department on Aging under the Adult
Protective Services Act, and upon proof by clear and
convincing evidence that the licensee has caused an
eligible adult to be abused, neglected, or financially
exploited as defined in the Adult Protective Services Act.

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Notwithstanding anything in this Act to the contrary, a
finding of guilt by a judge or jury, a guilty plea, or plea of
no contest entered after the effective date of this amendatory
Act of the 103rd General Assembly of any of the offenses listed
in subsection (a) or (a-1) of Section 25 of the Health Care
Worker Background Check Act, except for Section 16-25 of the
Criminal Code of 2012, is a disqualifying offense, and the
individual's license shall be automatically revoked when the
Department is notified that the individual has been found
guilty or has pled guilty or no contest. The individual may
appeal the revocation to the Department only upon the reversal
of the criminal conviction.
The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the
tax, penalty or interest shown in a filed return, or to pay any
final assessment of tax, penalty or interest, as required by
any tax Act administered by the Illinois Department of
Revenue, until such time as the requirements of any such tax
Act are satisfied.
Upon receipt of a written communication from the Secretary
of Human Services, the Director of Healthcare and Family
Services (formerly Director of Public Aid), or the Director of
Public Health that continuation of practice of a person
licensed under this Act constitutes an immediate danger to the
public, the Secretary may immediately suspend the license of
such person without a hearing. In instances in which the

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Secretary immediately suspends a license under this Section, a
hearing upon such person's license must be convened by the
Board within 15 days after such suspension and completed
without appreciable delay, such hearing held to determine
whether to recommend to the Secretary that the person's
license be revoked, suspended, placed on probationary status
or restored, or such person be subject to other disciplinary
action. In such hearing, the written communication and any
other evidence submitted therewith may be introduced as
evidence against such person; provided, however, the person or
his counsel shall have the opportunity to discredit or impeach
such evidence and submit evidence rebutting the same.
Except for fraud in procuring a license, all proceedings
to suspend, revoke, place on probationary status, or take any
other disciplinary action as the Department may deem proper,
with regard to a license on any of the foregoing grounds, must
be commenced within 5 years after receipt by the Department of
a complaint alleging the commission of or notice of the
conviction order for any of the acts described in this
Section. Except for the grounds set forth in items (8), (9),
(26), and (29) of this Section, no action shall be commenced
more than 10 years after the date of the incident or act
alleged to have been a violation of this Section. In the event
of the settlement of any claim or cause of action in favor of
the claimant or the reduction to final judgment of any civil
action in favor of the plaintiff, such claim, cause of action,

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or civil action being grounded on the allegation that a person
licensed under this Act was negligent in providing care, the
Department shall have an additional period of 2 years from the
date of notification to the Department under Section 26 of
this Act of such settlement or final judgment in which to
investigate and commence formal disciplinary proceedings under
Section 24 of this Act, except as otherwise provided by law.
The time during which the holder of the license was outside the
State of Illinois shall not be included within any period of
time limiting the commencement of disciplinary action by the
Department.
In enforcing this Section, the Department or Board upon a
showing of a possible violation may compel an individual
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, as required by and at the expense of the
Department. The Department or Board may order the examining
physician to present testimony concerning the mental or
physical examination of the licensee or applicant. No
information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physicians shall be specifically designated by the
Board or Department. The individual to be examined may have,
at his or her own expense, another physician of his or her
choice present during all aspects of this examination. Failure

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of an individual to submit to a mental or physical
examination, when directed, shall be grounds for suspension of
his or her license until the individual submits to the
examination if the Department finds, after notice and hearing,
that the refusal to submit to the examination was without
reasonable cause.
If the Department or Board finds an individual unable to
practice because of the reasons set forth in this Section, the
Department or Board may require that individual to submit to
care, counseling, or treatment by physicians approved or
designated by the Department or Board, as a condition, term,
or restriction for continued, restored, or renewed licensure
to practice; or, in lieu of care, counseling, or treatment,
the Department may file, or the Board may recommend to the
Department to file, a complaint to immediately suspend,
revoke, or otherwise discipline the license of the individual.
An individual whose license was granted, continued, restored,
renewed, disciplined or supervised subject to such terms,
conditions, or restrictions, and who fails to comply with such
terms, conditions, or restrictions, shall be referred to the
Secretary for a determination as to whether the individual
shall have his or her license suspended immediately, pending a
hearing by the Department.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that
person's license must be convened by the Department within 30

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days after the suspension and completed without appreciable
delay. The Department and Board shall have the authority to
review the subject individual's record of treatment and
counseling regarding the impairment to the extent permitted by
applicable federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate
to the Department or Board that he or she can resume practice
in compliance with acceptable and prevailing standards under
the provisions of his or her license.
(Source: P.A. 100-525, eff. 9-22-17.)
Section 65. The Respiratory Care Practice Act is amended
by changing Section 95 and by adding Section 55.5 as follows:
(225 ILCS 106/55.5 new)
Sec. 55.5. Criminal history. Any Department process under
statute or rule used to verify the criminal history of an
applicant for licensure under this Act shall be used for all
applicants for licensure, applicants for renewal of a license,
or persons whose conviction of a crime or other behavior
warrants review of a license under this Act.
(225 ILCS 106/95)
(Section scheduled to be repealed on January 1, 2026)

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Sec. 95. Grounds for discipline.
(a) The Department may refuse to issue, renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action as the Department
considers appropriate, including the issuance of fines not to
exceed $10,000 for each violation, with regard to any license
for any one or combination of the following:
(1) Material misstatement in furnishing information to
the Department or to any other State or federal agency.
(2) Violations of this Act, or any of the rules
adopted under this Act.
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing of any crime, including, but not limited to,
convictions preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States or any
state or territory thereof: (i) that is a felony or (ii)
that is a misdemeanor, an essential element of which is
dishonesty, or that is directly related to the practice of
the profession.
(4) Making any misrepresentation for the purpose of
obtaining a license.
(5) Professional incompetence or negligence in the
rendering of respiratory care services.
(6) Malpractice.

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(7) Aiding or assisting another person in violating
any rules or provisions of this Act.
(8) Failing to provide information within 60 days in
response to a written request made by the Department.
(9) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(10) Violating the rules of professional conduct
adopted by the Department.
(11) Discipline by another jurisdiction, if at least
one of the grounds for the discipline is the same or
substantially equivalent to those set forth in this Act.
(12) Directly or indirectly giving to or receiving
from any person, firm, corporation, partnership, or
association any fee, commission, rebate, or other form of
compensation for any professional services not actually
rendered. Nothing in this paragraph (12) affects any bona
fide independent contractor or employment arrangements
among health care professionals, health facilities, health
care providers, or other entities, except as otherwise
prohibited by law. Any employment arrangements may include
provisions for compensation, health insurance, pension, or
other employment benefits for the provision of services
within the scope of the licensee's practice under this
Act. Nothing in this paragraph (12) shall be construed to
require an employment arrangement to receive professional

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

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

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adult as required by the Adult Protective Services Act.
(26) Willful omission to file or record, or willfully
impeding the filing or recording, or inducing another
person to omit to file or record medical reports as
required by law or willfully failing to report an instance
of suspected child abuse or neglect as required by the
Abused and Neglected Child Reporting Act.
(27) Practicing under a false or assumed name, except
as provided by law.
(28) Willfully or negligently violating the
confidentiality between licensee and patient, except as
required by law.
(29) The use of any false, fraudulent, or deceptive
statement in any document connected with the licensee's
practice.
(a-5) Notwithstanding anything in this Act to the
contrary, a finding of guilt by a judge or jury, a guilty plea,
or plea of no contest entered after the effective date of this
amendatory Act of the 103rd General Assembly of any of the
offenses listed in subsection (a) or (a-1) of Section 25 of the
Health Care Worker Background Check Act, except for Section
16-25 of the Criminal Code of 2012, is a disqualifying
offense, and the individual's license shall be automatically
revoked when the Department is notified that the individual
has been found guilty or has pled guilty or no contest. The
individual may appeal the revocation to the Department only

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upon the reversal of the criminal conviction.
(b) The determination by a court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code will result in an automatic suspension of his or her
license. The suspension will end upon a finding by a court that
the licensee is no longer subject to involuntary admission or
judicial admission, the issuance of an order so finding and
discharging the patient, and the recommendation of the Board
to the Secretary that the licensee be allowed to resume his or
her practice.
All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the fine
or in accordance with the terms set forth in the order imposing
the fine.
(Source: P.A. 98-49, eff. 7-1-13; 99-230, eff. 8-3-15.)
Section 70. The Registered Surgical Assistant and
Registered Surgical Technologist Title Protection Act is
amended by changing Section 75 and by adding Section 60.5 as
follows:
(225 ILCS 130/60.5 new)
Sec. 60.5. Criminal history. Any Department process under
statute or rule used to verify the criminal history of an
applicant for licensure under this Act shall be used for all

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applicants for licensure, applicants for renewal of a license,
or persons whose conviction of a crime or other behavior
warrants review of a license under this Act.
(225 ILCS 130/75)
(Section scheduled to be repealed on January 1, 2029)
Sec. 75. Grounds for disciplinary action.
(a) The Department may refuse to issue, renew, or restore
a registration, may revoke or suspend a registration, or may
place on probation, reprimand, or take other disciplinary or
non-disciplinary action with regard to a person registered
under this Act, including, but not limited to, the imposition
of fines not to exceed $10,000 for each violation and the
assessment of costs as provided for in Section 90, for any one
or combination of the following causes:
(1) Making a material misstatement in furnishing
information to the Department.
(2) Violating a provision of this Act or rules adopted
under this Act.
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States that is
(i) a felony or (ii) a misdemeanor, an essential element

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of which is dishonesty, or that is directly related to the
practice of the profession.
(4) Fraud or misrepresentation in applying for,
renewing, restoring, reinstating, or procuring a
registration under this Act.
(5) Aiding or assisting another person in violating a
provision of this Act or its rules.
(6) Failing to provide information within 60 days in
response to a written request made by the Department.
(7) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public, as defined by rule of the
Department.
(8) Discipline by another United States jurisdiction,
governmental agency, unit of government, or foreign
nation, if at least one of the grounds for discipline is
the same or substantially equivalent to those set forth in
this Section.
(9) Directly or indirectly giving to or receiving from
a person, firm, corporation, partnership, or association a
fee, commission, rebate, or other form of compensation for
professional services not actually or personally rendered.
Nothing in this paragraph (9) affects any bona fide
independent contractor or employment arrangements among
health care professionals, health facilities, health care
providers, or other entities, except as otherwise

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prohibited by law. Any employment arrangements may include
provisions for compensation, health insurance, pension, or
other employment benefits for the provision of services
within the scope of the registrant's practice under this
Act. Nothing in this paragraph (9) shall be construed to
require an employment arrangement to receive professional
fees for services rendered.
(10) A finding by the Department that the registrant,
after having the registration placed on probationary
status, has violated the terms of probation.
(11) Willfully making or filing false records or
reports in the practice, including, but not limited to,
false records or reports filed with State agencies.
(12) Willfully making or signing a false statement,
certificate, or affidavit to induce payment.
(13) Willfully failing to report an instance of
suspected child abuse or neglect as required under the
Abused and Neglected Child Reporting Act.
(14) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act and
upon proof by clear and convincing evidence that the
registrant has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(15) (Blank).

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(16) Failure to report to the Department (A) any
adverse final action taken against the registrant by
another registering or licensing jurisdiction, government
agency, law enforcement agency, or any court or (B)
liability for conduct that would constitute grounds for
action as set forth in this Section.
(17) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, alcohol, or any
other substance that results in the inability to practice
with reasonable judgment, skill, or safety.
(18) Physical or mental illness, including, but not
limited to, deterioration through the aging process or
loss of motor skills, which results in the inability to
practice the profession for which the person is registered
with reasonable judgment, skill, or safety.
(19) Gross malpractice.
(20) Immoral conduct in the commission of an act
related to the registrant's practice, including, but not
limited to, sexual abuse, sexual misconduct, or sexual
exploitation.
(21) Violation of the Health Care Worker Self-Referral
Act.
(a-5) Notwithstanding anything in this Act to the
contrary, a finding of guilt by a judge or jury, a guilty plea,
or plea of no contest entered after the effective date of this
amendatory Act of the 103rd General Assembly of any of the

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offenses listed in subsection (a) or (a-1) of Section 25 of the
Health Care Worker Background Check Act, except for Section
16-25 of the Criminal Code of 2012, is a disqualifying
offense, and the individual's license shall be automatically
revoked when the Department is notified that the individual
has been found guilty or has pled guilty or no contest. The
individual may appeal the revocation to the Department only
upon the reversal of the criminal conviction.
(b) The Department may refuse to issue or may suspend
without hearing the registration of a person who fails to file
a return, to pay the tax, penalty, or interest shown in a filed
return, or to pay a final assessment of the tax, penalty, or
interest as required by a tax Act administered by the
Department of Revenue, until the requirements of the tax Act
are satisfied in accordance with subsection (g) of Section
2105-15 of the Department of Regulation Law of the Civil
Administrative Code of Illinois.
(b-1) The Department shall not revoke, suspend, summarily
suspend, place on probation, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license issued under this Act to practice
as a registered surgical assistant or registered surgical
technologist based solely upon the registered surgical
assistant or registered surgical technologist providing,
authorizing, recommending, aiding, assisting, referring for,
or otherwise participating in any health care service, so long

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as the care was not unlawful under the laws of this State,
regardless of whether the patient was a resident of this State
or another state.
(b-2) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license issued under this Act to practice
as a registered surgical assistant or registered surgical
technologist based upon the registered surgical assistant's or
registered surgical technologist's license being revoked or
suspended, or the registered surgical assistant's or
registered surgical technologist's being otherwise disciplined
by any other state, if that revocation, suspension, or other
form of discipline was based solely on the registered surgical
assistant or registered surgical technologist violating
another state's laws prohibiting the provision of,
authorization of, recommendation of, aiding or assisting in,
referring for, or participation in any health care service if
that health care service as provided would not have been
unlawful under the laws of this State and is consistent with
the standards of conduct for the registered surgical assistant
or registered surgical technologist practicing in this State.
(b-3) The conduct specified in subsection (b-1) or (b-2)
shall not constitute grounds for suspension under Section 145.
(b-4) An applicant seeking licensure, certification, or
authorization pursuant to this Act who has been subject to

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disciplinary action by a duly authorized professional
disciplinary agency of another jurisdiction solely on the
basis of having provided, authorized, recommended, aided,
assisted, referred for, or otherwise participated in health
care shall not be denied such licensure, certification, or
authorization, unless the Department determines that such
action would have constituted professional misconduct in this
State. Nothing in this Section shall be construed as
prohibiting the Department from evaluating the conduct of such
applicant and making a determination regarding the licensure,
certification, or authorization to practice a profession under
this Act.
(c) The determination by a circuit court that a registrant
is subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. The suspension will
end only upon (1) a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission,
(2) issuance of an order so finding and discharging the
patient, and (3) filing of a petition for restoration
demonstrating fitness to practice.
(d) (Blank).
(e) In cases where the Department of Healthcare and Family
Services has previously determined a registrant or a potential
registrant is more than 30 days delinquent in the payment of
child support and has subsequently certified the delinquency

HB5040 - 131 - LRB103 37791 RTM 67920 b
to the Department, the Department may refuse to issue or renew
or may revoke or suspend that person's registration or may
take other disciplinary action against that person based
solely upon the certification of delinquency made by the
Department of Healthcare and Family Services in accordance
with paragraph (5) of subsection (a) of Section 2105-15 of the
Department of Professional Regulation Law of the Civil
Administrative Code of Illinois.
(f) In enforcing this Section, the Department, upon a
showing of a possible violation, may compel any individual
registered under this Act or any individual who has applied
for registration to submit to a mental or physical examination
and evaluation, or both, that may include a substance abuse or
sexual offender evaluation, at the expense of the Department.
The Department shall specifically designate the examining
physician licensed to practice medicine in all of its branches
or, if applicable, the multidisciplinary team involved in
providing the mental or physical examination and evaluation,
or both. The multidisciplinary team shall be led by a
physician licensed to practice medicine in all of its branches
and may consist of one or more or a combination of physicians
licensed to practice medicine in all of its branches, licensed
chiropractic physicians, licensed clinical psychologists,
licensed clinical social workers, licensed clinical
professional counselors, and other professional and
administrative staff. Any examining physician or member of the

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multidisciplinary team may require any person ordered to
submit to an examination and evaluation pursuant to this
Section to submit to any additional supplemental testing
deemed necessary to complete any examination or evaluation
process, including, but not limited to, blood testing,
urinalysis, psychological testing, or neuropsychological
testing.
The Department may order the examining physician or any
member of the multidisciplinary team to provide to the
Department any and all records, including business records,
that relate to the examination and evaluation, including any
supplemental testing performed. The Department may order the
examining physician or any member of the multidisciplinary
team to present testimony concerning this examination and
evaluation of the registrant or applicant, including testimony
concerning any supplemental testing or documents relating to
the examination and evaluation. No information, report,
record, or other documents in any way related to the
examination and evaluation shall be excluded by reason of any
common law or statutory privilege relating to communication
between the registrant or applicant and the examining
physician or any member of the multidisciplinary team. No
authorization is necessary from the registrant or applicant
ordered to undergo an evaluation and examination for the
examining physician or any member of the multidisciplinary
team to provide information, reports, records, or other

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documents or to provide any testimony regarding the
examination and evaluation. The individual to be examined may
have, at the individual's own expense, another physician of
the individual's choice present during all aspects of the
examination.
Failure of any individual to submit to mental or physical
examination and evaluation, or both, when directed, shall
result in an automatic suspension without a hearing until such
time as the individual submits to the examination. If the
Department finds a registrant unable to practice because of
the reasons set forth in this Section, the Department shall
require such registrant to submit to care, counseling, or
treatment by physicians approved or designated by the
Department as a condition for continued, reinstated, or
renewed registration.
When the Secretary immediately suspends a registration
under this Section, a hearing upon such person's registration
must be convened by the Department within 15 days after such
suspension and completed without appreciable delay. The
Department shall have the authority to review the registrant's
record of treatment and counseling regarding the impairment to
the extent permitted by applicable federal statutes and
regulations safeguarding the confidentiality of medical
records.
Individuals registered under this Act and affected under
this Section shall be afforded an opportunity to demonstrate

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to the Department that they can resume practice in compliance
with acceptable and prevailing standards under the provisions
of their registration.
(g) All fines imposed under this Section shall be paid
within 60 days after the effective date of the order imposing
the fine or in accordance with the terms set forth in the order
imposing the fine.
(f) The Department may adopt rules to implement the
changes made by Public Act 102-1117 this amendatory Act of the
102nd General Assembly.
(Source: P.A. 102-1117, eff. 1-13-23; 103-387, eff. 1-1-24;
revised 12-15-23.)
Section 75. The Rights of Crime Victims and Witnesses Act
is amended by changing Section 4 as follows:
(725 ILCS 120/4) (from Ch. 38, par. 1404)
Sec. 4. Rights of crime victims.
(a) Crime victims shall have the following rights:
(1) The right to be treated with fairness and respect
for their dignity and privacy and to be free from
harassment, intimidation, and abuse throughout the
criminal justice process.
(1.5) The right to notice and to a hearing before a
court ruling on a request for access to any of the victim's
records, information, or communications which are

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privileged or confidential by law.
(2) The right to timely notification of all court
proceedings.
(3) The right to communicate with the prosecution.
(4) The right to be heard at any post-arraignment
court proceeding in which a right of the victim is at issue
and any court proceeding involving a post-arraignment
release decision, plea, or sentencing.
(5) The right to be notified of the conviction, the
sentence, the imprisonment and the release of the accused.
(6) The right to the timely disposition of the case
following the arrest of the accused.
(7) The right to be reasonably protected from the
accused through the criminal justice process.
(7.5) The right to have the safety of the victim and
the victim's family considered in determining whether to
release the defendant and setting conditions of release
after arrest and conviction.
(8) The right to be present at the trial and all other
court proceedings on the same basis as the accused, unless
the victim is to testify and the court determines that the
victim's testimony would be materially affected if the
victim hears other testimony at the trial.
(9) The right to have present at all court
proceedings, including proceedings under the Juvenile
Court Act of 1987, subject to the rules of evidence, an

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advocate and other support person of the victim's choice.
(10) The right to restitution.
(11) The right to file a complaint against the accused
with the agency or department that licensed, certified,
permitted, or registered the accused if the accused holds
a license, certificate, permit, or registration to
practice a profession.
(b) Any law enforcement agency that investigates an
offense committed in this State shall provide a crime victim
with a written statement and explanation of the rights of
crime victims under this amendatory Act of the 99th General
Assembly within 48 hours of law enforcement's initial contact
with a victim. The statement shall include information about
crime victim compensation, including how to contact the Office
of the Illinois Attorney General to file a claim, and
appropriate referrals to local and State programs that provide
victim services. The content of the statement shall be
provided to law enforcement by the Attorney General. Law
enforcement shall also provide a crime victim with a sign-off
sheet that the victim shall sign and date as an
acknowledgement that he or she has been furnished with
information and an explanation of the rights of crime victims
and compensation set forth in this Act.
(b-5) Upon the request of the victim, the law enforcement
agency having jurisdiction shall provide a free copy of the
police report concerning the victim's incident, as soon as

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practicable, but in no event later than 5 business days from
the request.
(c) The Clerk of the Circuit Court shall post the rights of
crime victims set forth in Article I, Section 8.1(a) of the
Illinois Constitution and subsection (a) of this Section
within 3 feet of the door to any courtroom where criminal
proceedings are conducted. The clerk may also post the rights
in other locations in the courthouse.
(d) At any point, the victim has the right to retain a
victim's attorney who may be present during all stages of any
interview, investigation, or other interaction with
representatives of the criminal justice system. Treatment of
the victim should not be affected or altered in any way as a
result of the victim's decision to exercise this right.
(Source: P.A. 100-1087, eff. 1-1-19; 101-652, eff. 1-1-23.)
Section 99. Effective date. This Act takes effect 6 months
after becoming law.
HB5040 - 138 - LRB103 37791 RTM 67920 b
INDEX
Statutes amended in order of appearance
225 ILCS 2/40.5 new
225 ILCS 2/110
225 ILCS 5/9 from Ch. 111, par. 7609
225 ILCS 5/16 from Ch. 111, par. 7616
225 ILCS 25/23 from Ch. 111, par. 2323
225 ILCS 25/23d new
225 ILCS 57/15
225 ILCS 57/45
225 ILCS 60/9.7
225 ILCS 60/22 from Ch. 111, par. 4400-22
225 ILCS 65/50-35 was 225 ILCS 65/5-23
225 ILCS 65/70-5 was 225 ILCS 65/10-45
225 ILCS 80/12.3 new
225 ILCS 80/24 from Ch. 111, par. 3924
225 ILCS 84/45.5 new
225 ILCS 84/90
225 ILCS 90/9.5 new
225 ILCS 90/17 from Ch. 111, par. 4267
225 ILCS 95/9.9 new
225 ILCS 95/21 from Ch. 111, par. 4621
225 ILCS 100/13.5 new
225 ILCS 100/24 from Ch. 111, par. 4824
225 ILCS 106/55.5 new
HB5040 - 139 - LRB103 37791 RTM 67920 b